Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. PCS (279658) for CS for SB 918 Ì714538=Î714538 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/22/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 3741 - 3944 4 and insert: 5 4. Whether, if applicable, a minimum flow or minimum water 6 level has been adopted for the water body and if such minimum 7 flow or minimum water level has not been adopted, the 8 anticipated adoption date; 9 5. Whether, if applicable, a recovery or prevention 10 strategy has been adopted for the watershed or water body and, 11 if such a plan has not been adopted, the anticipated adoption 12 date; 13 6. The impairment status of each water body; 14 7. Whether, if applicable, a total maximum daily load has 15 been adopted if the water body is listed as impaired and, if 16 such total maximum daily load has not been adopted, the 17 anticipated adoption date; 18 8. Whether, if applicable, a basin management action plan 19 has been adopted for the watershed and, if such a plan has not 20 been adopted, the anticipated adoption date; 21 9. Each project listed on the 5-year water resources work 22 program developed pursuant to s. 373.036(7); 23 10. The agency or agencies and local sponsor, if any, 24 responsible for overseeing the project; 25 11. The total or estimated cost and completion date of each 26 project and the financial contribution of each entity; 27 12. The estimated quantitative benefit to the watershed or 28 water body; and 29 13. The water projects completed within the last 5 years 30 within the watershed or water body. 31 (b) The department and each water management district shall 32 prominently display on their respective websites a hyperlink to 33 the interactive map required by this subsection. 34 35 The department shall implement such programs in conjunction with 36 its other powers and duties and shall place special emphasis on 37 reducing and eliminating contamination that presents a threat to 38 humans, animals or plants, or to the environment. 39 Section 36. Section 403.0616, Florida Statutes, is created 40 to read: 41 403.0616 Florida Water Resources Advisory Council.— 42 (1) The Florida Water Resources Advisory Council is hereby 43 created within the department for the purpose of evaluating 44 water resource projects prioritized and submitted by state 45 agencies, water management districts, regional water supply 46 authorities, or local governments. The council shall evaluate 47 and recommend projects that are eligible for state funding as 48 priority projects of statewide, regional, or critical local 49 importance under this chapter or chapter 373. The council must 50 review and evaluate all water resource projects that are 51 prioritized and reported by state agencies or water management 52 districts pursuant to s. 373.036(7)(b)8.b., or by local 53 governments, or regional water supply authorities, if 54 applicable, in order to provide the Legislature with 55 recommendations for projects that improve or restore the water 56 resources of this state. The council is also responsible for 57 submitting a prioritization of pilot projects that test the 58 effectiveness of innovative or existing nutrient reduction or 59 water conservation technologies or practices designed to 60 minimize nutrient pollution or restore flows in the water bodies 61 of the state as provided in s. 403.0617. 62 (2) The Florida Water Resources Advisory Council consists 63 of five voting members and five ex officio, nonvoting members as 64 follows: 65 (a) The Secretary of Environmental Protection, who shall 66 serve as chair of the council; the Commissioner of Agriculture; 67 the executive director of the Fish and Wildlife Conservation 68 Commission; one member with expertise in a scientific discipline 69 related to water resources, appointed by the President of the 70 Senate; and one member with expertise in a scientific discipline 71 related to water resources, appointed by the Speaker of the 72 House of Representatives, all of whom shall be voting members. 73 (b) The executive directors of each of the five water 74 management districts, all of whom shall be nonvoting members. 75 (3) Members appointed by the President of the Senate and 76 Speaker of the House of Representatives shall serve 2-year 77 terms, but may not serve more than a total of 6 years. The 78 President of the Senate and the Speaker of the House of 79 Representatives may fill a vacancy at any time for an unexpired 80 term of an appointed member. 81 (4) If a member of the council is disqualified from serving 82 because he or she no longer holds the position required to serve 83 under this section, the interim head of the agency shall serve 84 as the agency representative. 85 (5) The two appointed council members shall receive 86 reimbursement for expenses and per diem for travel to attend 87 council meetings authorized pursuant to s. 112.061 while in the 88 performance of their duties. 89 (6) The council shall hold periodic meetings at the request 90 of the chair, but must hold at least two public meetings, 91 separately noticed, each year in which the public has the 92 opportunity to participate and comment. Unless otherwise 93 provided by law, notice for each meeting must be published in a 94 newspaper of general circulation in the area where the meeting 95 is to be held at least 5 days but no more than 15 days before 96 the meeting date. 97 (a) By July 15, 2016, and on or before July 15 of each year 98 thereafter, the council shall release a tentative water 99 resources work program containing its legislative 100 recommendations for water resource projects. The public has 30 101 days to submit comments regarding the tentative program. 102 (b) The council shall adopt the tentative work program 103 containing its legislative recommendations and submit it to the 104 Governor, the President of the Senate, and the Speaker of the 105 House of Representatives by August 31, 2016, and on or before 106 August 31 of each year thereafter. An affirmative vote of three 107 members of the council is required to adopt the tentative work 108 program. 109 (7) The department shall provide primary staff support to 110 the council and shall ensure that council meetings are 111 electronically recorded. Such recordings must be preserved 112 pursuant to chapters 119 and 257. 113 (8) The council shall recommend rules for adoption by the 114 department to competitively evaluate, select, and rank projects 115 for the tentative water resources work program. The council 116 shall develop specific criteria for the evaluation, selection, 117 and ranking of projects, including a preference for projects 118 that will have a significant, measurable impact on improving 119 water quantity or water quality; projects in areas of greatest 120 impairment; projects of state or regional significance; projects 121 recommended by multiple districts or multiple local governments 122 cooperatively; projects with a significant monetary commitment 123 by the local project sponsor or sponsors; projects in rural 124 areas of opportunity as defined in s. 288.0656; projects that 125 may be funded through appropriate loan programs; and projects 126 that have significant private contributions of time or money. 127 (9) The department, in consultation with the Department of 128 Agriculture and Consumer Services, the Fish and Wildlife 129 Conservation Commission, and the water management districts, 130 shall adopt rules to implement this section. 131 Section 37. Section 403.0617, Florida Statutes, is created 132 to read: 133 403.0617 Innovative nutrient and sediment reduction and 134 conservation pilot project program.— 135 (1) By October 1, 2015, the department shall propose rules 136 for adoption to competitively evaluate and rank projects for 137 selection and prioritization by the Water Resources Advisory 138 Council, pursuant to s. 403.0616, for submission to the 139 Legislature for funding. These pilot projects are intended to 140 test the effectiveness of innovative or existing nutrient 141 reduction or water conservation technologies, programs or 142 practices designed to minimize nutrient pollution or restore 143 flows in the water bodies of the state. The department must 144 include in the evaluation criteria a determination by the 145 department that the pilot project will not be harmful to the 146 ecological resources in the study area. 147 (2) In developing these rules, the department shall give 148 preference to the projects that will result in the greatest 149 improvement to water quality and water quantity for the dollars 150 to be expended for the project. At a minimum, the department 151 shall consider all of the following: 152 (a) The level of nutrient impairment of the waterbody, 153 watershed, or water segment in which the project is located. 154 (b) The quantity of nutrients the project is estimated to 155 remove from a water body, watershed, or water segment with an 156 adopted nutrient total maximum daily load. 157 (c) The potential for the project to provide a cost- 158 effective solution to pollution, including pollution caused by 159 onsite sewage treatment and disposal systems. 160 (d) The anticipated impact the project will have on 161 restoring or increasing flow or water level. 162 (e) The amount of matching funds for the project which will 163 be provided by the entities responsible for implementing the 164 project. 165 (f) Whether the project is located in a rural area of 166 opportunity, as defined in s. 288.0656, with preference given to 167 the local government responsible for implementing the project. 168 (g) For multiple-year projects, whether the project has 169 funding sources that are identified and assured through the 170 expected completion date of the project. 171 (h) The cost of the project and the length of time it will 172 take to complete relative to its expected benefits. 173 (i) Whether the entities responsible for implementing the 174 project have used their own funds for projects to improve water 175 quality or conserve water use with preference given to those 176 entities that have expended such funds. 177 Section 38. Section 403.0623, Florida Statutes, is amended 178 to read: 179 403.0623 Environmental data; quality assurance.— 180 (1) The department must establish, by rule, appropriate 181 quality assurance requirements for environmental data submitted 182 to the department and the criteria by which environmental data 183 may be rejected by the department. The department may adopt and 184 enforce rules to establish data quality objectives and specify 185 requirements for training of laboratory and field staff, sample 186 collection methodology, proficiency testing, and audits of 187 laboratory and field sampling activities. Such rules may be in 188 addition to any laboratory certification provisions under ss. 189 403.0625 and 403.863. 190 (2)(a) The department, in coordination with the water 191 management districts, regional water supply authorities, and the 192 Department of Agriculture and Consumer Services shall establish 193 standards for the collection and analysis of water quantity, 194 water quality, and related data to ensure quality, reliability, 195 and validity of the data and testing results. 196 (b) To the extent practicable, the department shall 197 coordinate with federal agencies to ensure that its collection 198 and analysis of water quality, water quantity, and related data, 199 which may be used by any state agency, water management 200 district, or local government, is consistent with this 201 subsection. 202 (c) In order to receive state funds for the acquisition of 203 lands or the financing of a water resource project, state 204 agencies and water management districts must show that they 205 followed the department’s collection and analysis standards, if 206 available, as a 207 208 ================= T I T L E A M E N D M E N T ================ 209 And the title is amended as follows: 210 Delete lines 206 - 214 211 and insert: 212 403.0617, F.S.; requiring the department to propose 213 for adoption rules to competitively evaluate and rank 214 projects for selection and prioritization by the Water 215 Resources Advisory Council by a certain date; amending 216 s. 403.0623, F.S.; requiring the department to 217 establish certain standards to ensure statewide 218 consistency; requiring state agencies and water 219 management districts to show that they followed the 220 department’s standards in order to receive