Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (279658) for CS for SB 918
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2015           .                                

       The Committee on Appropriations (Hays) recommended the
    1         Senate Amendment (with title amendment)
    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.
   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         403.0616Florida 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
  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