Florida Senate - 2021 SB 94 By Senator Brodeur 9-02212-21 202194__ 1 A bill to be entitled 2 An act relating to water storage north of Lake 3 Okeechobee; creating s. 373.4599, F.S.; defining 4 terms; requiring the South Florida Water Management 5 District to request that the United States Army Corps 6 of Engineers seek congressional approval of a project 7 implementation report for the Lake Okeechobee 8 Watershed Restoration Project by a specified date; 9 requiring the district to seek a project partnership 10 agreement with the corps upon such approval; requiring 11 the district, in partnership with the corps, to 12 expedite the development and implementation of aquifer 13 storage and recovery wells; requiring the district to 14 perform necessary scientific investigation and 15 monitoring with implementation of such storage and 16 recovery; requiring the district to expedite 17 implementation of the aquifer storage and recovery 18 science plan developed by the district and the corps; 19 providing an implementation schedule for project 20 sites; requiring the district, in partnership with the 21 corps, to pursue expeditious implementation of certain 22 wetland restoration projects; requiring the district 23 to submit a report to the Legislature by a specified 24 date; providing requirements for the report; providing 25 a directive to the Division of Law Revision; providing 26 an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 373.4599, Florida Statutes, is created 31 to read: 32 373.4599 Water storage north of Lake Okeechobee.— 33 (1) DEFINITIONS.—As used in this section, the term: 34 (a) “Corps” means the United States Army Corps of 35 Engineers. 36 (b) “District” means the South Florida Water Management 37 District. 38 (c) “Lake Okeechobee Watershed Restoration Project” or 39 “LOWRP” means the recommended plan contained within the Lake 40 Okeechobee Watershed Restoration Project Final Integrated 41 Project Implementation Report and Environmental Impact Statement 42 dated August 2020 or as amended by the district and corps. 43 (2) PROJECT IMPLEMENTATION REPORT.—Upon the effective date 44 of this act, the district shall request that the corps seek 45 congressional approval of a project implementation report for 46 the LOWRP before passage of the Water Resources Development Act 47 of 2022. 48 (3) AGREEMENTS.—Immediately following congressional 49 approval of the LOWRP, the district shall seek to execute with 50 the corps a project partnership agreement for the LOWRP. The 51 project partnership agreement must be consistent with this 52 section. 53 (4) PROJECT IMPLEMENTATION.— 54 (a) Projects, locations, or structures.—Projects, 55 locations, or structures referred to in this subsection shall 56 mean those described in the Lake Okeechobee Watershed 57 Restoration Project Final Integrated Project Implementation 58 Report and Environmental Impact Statement dated August 2020 or 59 as amended by the district and the corps. 60 (b) Aquifer storage and recovery.— 61 1. Expedition of the LOWRP.—The district, in partnership 62 with the corps, shall expedite the development and 63 implementation of the LOWRP aquifer storage and recovery wells. 64 Implementation of this subsection must comply with all 65 applicable federal and state laws and rules, including the 66 department’s underground injection control program. 67 2. Investigation and monitoring.—The district shall perform 68 any necessary scientific investigation and monitoring 69 concurrently with the implementation of the LOWRP aquifer 70 storage and recovery wells. To ensure public health and safety, 71 technical feasibility, and achievement of environmental 72 benefits, implementation of the LOWRP aquifer storage and 73 recovery wells must use a phased approach that confirms 74 feasibility and site suitability and addresses uncertainties 75 identified in the aquifer storage and recovery science plan 76 developed by the district and the corps. 77 3. Aquifer storage and recovery science plan.—The district 78 shall expedite implementation of the aquifer storage and 79 recovery science plan developed by the district and the corps. 80 4. LOWRP watershed aquifer storage and recovery wells.— 81 a. For the Kissimmee River Basin site with the existing 82 Kissimmee River Aquifer Storage and Recovery Pilot Project 83 system, the district shall, by January 30, 2022, reactivate the 84 existing aquifer storage and recovery system on the site, 85 including any necessary testing. By March 30, 2027, the district 86 shall ensure that all other feasible aquifer storage and 87 recovery wells on the site are operational. 88 b. For all remaining feasible cluster sites in the 89 Kissimmee River Basin and Taylor Creek/Nubbin Slough Basin, the 90 district shall, by August 1, 2021, construct or execute 91 contracts for any necessary exploratory and monitoring wells on 92 each site, in addition to any other necessary evaluations, to 93 evaluate or confirm site suitability for well clusters. By March 94 30, 2027, the district shall ensure that all feasible aquifer 95 storage and recovery wells on those sites with suitable 96 locations are operational. 97 c. For all other feasible LOWRP watershed aquifer storage 98 and recovery cluster sites not colocated with the wetland 99 attenuation feature, the district shall, by December 31, 2022, 100 for any other currently or subsequently proposed site for LOWRP 101 watershed aquifer storage and recovery, execute contracts for 102 the construction of any necessary exploratory and monitoring 103 wells on each site, in addition to any other necessary 104 evaluations, to evaluate site suitability for well clusters. By 105 March 30, 2027, the district shall ensure that all feasible 106 aquifer storage and recovery wells on those sites with suitable 107 locations are operational. 108 (c) Wetland restoration.—The district, in partnership with 109 the corps, shall pursue expeditious implementation of the 110 Paradise Run wetland restoration project and Kissimmee River 111 Center wetland restoration project. 112 (5) REPORT.—By November 1, 2021, the district shall submit 113 to the Legislature a report describing the district’s compliance 114 with this section, including steps taken and any plans necessary 115 for ongoing compliance. The report must include updates on 116 congressional approval for the LOWRP project implementation 117 report; the aquifer storage and recovery science plan; any 118 scientific investigations; and designs, construction, and 119 operations. 120 Section 2. The Division of Law Revision is directed to 121 replace the phrase “the effective date of this act” wherever it 122 occurs in this act with the date this act becomes a law. 123 Section 3. This act shall take effect upon becoming a law.