Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 1379
       
       
       
       
       
       
                                Ì729674NÎ729674                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .            Floor: C            
             05/02/2023 06:51 PM       .      05/03/2023 04:02 PM       
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Brodeur moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 758 - 1881
    4  and insert:
    5  loads.The department, in coordination with the Department of
    6  Agriculture and Consumer Services, the St. Johns River Water
    7  Management District, South Florida Water Management District,
    8  local governments, the Indian River Lagoon National Estuary
    9  Program, and other stakeholders, shall identify and prioritize
   10  strategies and projects necessary to achieve water quality
   11  standards within the Indian River Lagoon watershed and meet the
   12  total maximum daily loads. Projects identified from this
   13  evaluation must be incorporated into the Banana River Lagoon
   14  Basin Management Action Plan, Central Indian River Lagoon Basin
   15  Management Action Plan, North Indian River Lagoon Basin
   16  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
   17  Plan, as appropriate.
   18         (c)Indian River Lagoon Watershed Research and Water
   19  Quality Monitoring Program.—The department, in coordination with
   20  the St. Johns River Water Management District, the South Florida
   21  Water Management District, and the Indian River Lagoon National
   22  Estuary Program, shall implement the Indian River Lagoon
   23  Watershed Research and Water Quality Monitoring Program to
   24  establish a comprehensive water quality monitoring network
   25  throughout the Indian River Lagoon and fund research pertaining
   26  to water quality, ecosystem restoration, and seagrass impacts
   27  and restoration. The department shall use the results from the
   28  program to prioritize projects and to make modifications to the
   29  Banana River Lagoon Basin Management Action Plan, Central Indian
   30  River Lagoon Basin Management Action Plan, North Indian River
   31  Lagoon Basin Management Action Plan, and Mosquito Lagoon
   32  Reasonable Assurance Plan, as appropriate.
   33         (d)Onsite sewage treatment and disposal systems.
   34         1.Beginning on January 1, 2024, unless previously
   35  permitted, the installation of new onsite sewage treatment and
   36  disposal systems is prohibited within the Banana River Lagoon
   37  Basin Management Action Plan, Central Indian River Lagoon Basin
   38  Management Action Plan, North Indian River Lagoon Basin
   39  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
   40  Plan areas where a publicly owned or investor-owned sewerage
   41  system is available as defined in s. 381.0065(2)(a). Where
   42  central sewerage is not available, only enhanced nutrient
   43  reducing onsite sewage treatment and disposal systems or other
   44  wastewater treatment systems that achieve at least 65 percent
   45  nitrogen reduction are authorized.
   46         2.By July 1, 2030, any commercial or residential property
   47  with an existing onsite sewage treatment and disposal system
   48  located within the Banana River Lagoon Basin Management Action
   49  Plan, Central Indian River Lagoon Basin Management Action Plan,
   50  North Indian River Lagoon Basin Management Action Plan, and
   51  Mosquito Lagoon Reasonable Assurance Plan areas must connect to
   52  central sewer if available or upgrade to an enhanced nutrient
   53  reducing onsite sewage treatment and disposal system or other
   54  wastewater treatment system that achieves at least 65 percent
   55  nitrogen reduction.
   56         (4)RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
   57  section may not be construed to modify any existing state water
   58  quality standard or to modify s. 403.067(6) and (7)(a).
   59         (5)PRESERVATION OF AUTHORITY.—This section may not be
   60  construed to restrict the authority otherwise granted to
   61  agencies pursuant to this chapter and chapter 403, and this
   62  section is supplemental to the authority granted to agencies
   63  pursuant to this chapter and chapter 403.
   64         (6)RULES.—The department and governing boards of the St.
   65  Johns River Water Management District and South Florida Water
   66  Management District may adopt rules pursuant to ss. 120.536(1)
   67  and 120.54 to implement this section.
   68         Section 6. Subsection (1) of section 373.501, Florida
   69  Statutes, is amended to read:
   70         373.501 Appropriation of funds to water management
   71  districts.—
   72         (1) The department shall transfer may allocate to the water
   73  management districts, from funds appropriated to the districts
   74  through the department in, such sums as may be deemed necessary
   75  to defray the costs of the administrative, regulatory, and other
   76  operational activities of the districts. The governing boards
   77  shall submit annual budget requests for such purposes to the
   78  department, and the department shall consider such budgets in
   79  preparing its budget request for the Legislature. The districts
   80  shall annually report to the department on the use of the funds.
   81         Section 7. Present subsections (2) through (8) of section
   82  373.802, Florida Statutes, are redesignated as subsections (3)
   83  through (9), respectively, and a new subsection (2) is added to
   84  that section, to read:
   85         373.802 Definitions.—As used in this part, the term:
   86         (2)“Enhanced nutrient-reducing onsite sewage treatment and
   87  disposal system” means an onsite sewage treatment and disposal
   88  system approved by the department as capable of meeting or
   89  exceeding a 50 percent total nitrogen reduction before disposal
   90  of wastewater in the drainfield, or at least 65 percent total
   91  nitrogen reduction combined from the onsite sewage tank or tanks
   92  and drainfield.
   93         Section 8. Subsections (2) and (3) of section 373.807,
   94  Florida Statutes, are amended to read:
   95         373.807 Protection of water quality in Outstanding Florida
   96  Springs.—By July 1, 2016, the department shall initiate
   97  assessment, pursuant to s. 403.067(3), of Outstanding Florida
   98  Springs or spring systems for which an impairment determination
   99  has not been made under the numeric nutrient standards in effect
  100  for spring vents. Assessments must be completed by July 1, 2018.
  101         (2) By July 1, 2017, each local government, as defined in
  102  s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
  103  pursuant to s. 403.9337, shall develop, enact, and implement an
  104  ordinance pursuant to that section. It is the intent of the
  105  Legislature that ordinances required to be adopted under this
  106  subsection reflect the latest scientific information,
  107  advancements, and technological improvements in the industry.
  108         (3) As part of a basin management action plan that includes
  109  an Outstanding Florida Spring, the department, relevant local
  110  governments, and relevant local public and private wastewater
  111  utilities shall develop an onsite sewage treatment and disposal
  112  system remediation plan for a spring if the department
  113  determines onsite sewage treatment and disposal systems within a
  114  basin management action plan priority focus area contribute at
  115  least 20 percent of nonpoint source nitrogen pollution or if the
  116  department determines remediation is necessary to achieve the
  117  total maximum daily load. The plan must shall identify cost
  118  effective and financially feasible projects necessary to reduce
  119  the nutrient impacts from onsite sewage treatment and disposal
  120  systems and shall be completed and adopted as part of the basin
  121  management action plan no later than the first 5-year milestone
  122  required by subparagraph (1)(b)8. The department is the lead
  123  agency in coordinating the preparation of and the adoption of
  124  the plan. The department shall:
  125         (a) Collect and evaluate credible scientific information on
  126  the effect of nutrients, particularly forms of nitrogen, on
  127  springs and springs systems; and
  128         (b) Develop a public education plan to provide area
  129  residents with reliable, understandable information about onsite
  130  sewage treatment and disposal systems and springs.
  131  
  132  In addition to the requirements in s. 403.067, the plan must
  133  shall include options for repair, upgrade, replacement,
  134  drainfield modification, addition of effective nitrogen reducing
  135  features, connection to a central sewerage system, or other
  136  action for an onsite sewage treatment and disposal system or
  137  group of systems within a basin management action plan priority
  138  focus area that contribute at least 20 percent of nonpoint
  139  source nitrogen pollution or if the department determines
  140  remediation is necessary to achieve a total maximum daily load.
  141  For these systems, the department shall include in the plan a
  142  priority ranking for each system or group of systems that
  143  requires remediation and shall award funds to implement the
  144  remediation projects contingent on an appropriation in the
  145  General Appropriations Act, which may include all or part of the
  146  costs necessary for repair, upgrade, replacement, drainfield
  147  modification, addition of effective nitrogen reducing features,
  148  initial connection to a central sewerage system, or other
  149  action. In awarding funds, the department may consider expected
  150  nutrient reduction benefit per unit cost, size and scope of
  151  project, relative local financial contribution to the project,
  152  and the financial impact on property owners and the community.
  153  The department may waive matching funding requirements for
  154  proposed projects within an area designated as a rural area of
  155  opportunity under s. 288.0656.
  156         Section 9. Section 373.811, Florida Statutes, is amended to
  157  read:
  158         373.811 Prohibited activities within a basin management
  159  action plan priority focus area.—The following activities are
  160  prohibited within a basin management action plan priority focus
  161  area in effect for an Outstanding Florida Spring:
  162         (1) New domestic wastewater disposal facilities, including
  163  rapid infiltration basins, with permitted capacities of 100,000
  164  gallons per day or more, except for those facilities that meet
  165  an advanced wastewater treatment standard of no more than 3 mg/l
  166  total nitrogen, expressed as N, on an annual permitted basis, or
  167  a more stringent treatment standard if the department determines
  168  the more stringent standard is necessary to attain a total
  169  maximum daily load for the Outstanding Florida Spring.
  170         (2) New onsite sewage treatment and disposal systems where
  171  connection to a publicly owned or investor-owned sewerage system
  172  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
  173  or less, if a publicly owned or investor-owned sewerage system
  174  is not available, only the installation of enhanced nutrient
  175  reducing onsite sewage treatment and disposal systems or other
  176  wastewater treatment systems that achieve at least 65 percent
  177  nitrogen reduction are authorized on lots of less than 1 acre,
  178  if the addition of the specific systems conflicts with an onsite
  179  treatment and disposal system remediation plan incorporated into
  180  a basin management action plan in accordance with s. 373.807(3).
  181         (3) New facilities for the disposal of hazardous waste.
  182         (4) The land application of Class A or Class B domestic
  183  wastewater biosolids not in accordance with a department
  184  approved nutrient management plan establishing the rate at which
  185  all biosolids, soil amendments, and sources of nutrients at the
  186  land application site can be applied to the land for crop
  187  production while minimizing the amount of pollutants and
  188  nutrients discharged to groundwater or waters of the state.
  189         (5) New agriculture operations that do not implement best
  190  management practices, measures necessary to achieve pollution
  191  reduction levels established by the department, or groundwater
  192  monitoring plans approved by a water management district or the
  193  department.
  194         Section 10. Subsection (3) of section 375.041, Florida
  195  Statutes, is amended to read:
  196         375.041 Land Acquisition Trust Fund.—
  197         (3) Funds distributed into the Land Acquisition Trust Fund
  198  pursuant to s. 201.15 shall be applied:
  199         (a) First, to pay debt service or to fund debt service
  200  reserve funds, rebate obligations, or other amounts payable with
  201  respect to Florida Forever bonds issued under s. 215.618; and
  202  pay debt service, provide reserves, and pay rebate obligations
  203  and other amounts due with respect to Everglades restoration
  204  bonds issued under s. 215.619; and
  205         (b) Of the funds remaining after the payments required
  206  under paragraph (a), but before funds may be appropriated,
  207  pledged, or dedicated for other uses:
  208         1. A minimum of the lesser of 25 percent or $200 million
  209  shall be appropriated annually for Everglades projects that
  210  implement the Comprehensive Everglades Restoration Plan as set
  211  forth in s. 373.470, including the Central Everglades Planning
  212  Project subject to congressional authorization; the Long-Term
  213  Plan as defined in s. 373.4592(2); and the Northern Everglades
  214  and Estuaries Protection Program as set forth in s. 373.4595.
  215  From these funds, $32 million shall be distributed each fiscal
  216  year through the 2023-2024 fiscal year to the South Florida
  217  Water Management District for the Long-Term Plan as defined in
  218  s. 373.4592(2). After deducting the $32 million distributed
  219  under this subparagraph, from the funds remaining, a minimum of
  220  the lesser of 76.5 percent or $100 million shall be appropriated
  221  each fiscal year through the 2025-2026 fiscal year for the
  222  planning, design, engineering, and construction of the
  223  Comprehensive Everglades Restoration Plan as set forth in s.
  224  373.470, including the Central Everglades Planning Project, the
  225  Everglades Agricultural Area Storage Reservoir Project, the Lake
  226  Okeechobee Watershed Project, the C-43 West Basin Storage
  227  Reservoir Project, the Indian River Lagoon-South Project, the
  228  Western Everglades Restoration Project, and the Picayune Strand
  229  Restoration Project. The Department of Environmental Protection
  230  and the South Florida Water Management District shall give
  231  preference to those Everglades restoration projects that reduce
  232  harmful discharges of water from Lake Okeechobee to the St.
  233  Lucie or Caloosahatchee estuaries in a timely manner. For the
  234  purpose of performing the calculation provided in this
  235  subparagraph, the amount of debt service paid pursuant to
  236  paragraph (a) for bonds issued after July 1, 2016, for the
  237  purposes set forth under this paragraph shall be added to the
  238  amount remaining after the payments required under paragraph
  239  (a). The amount of the distribution calculated shall then be
  240  reduced by an amount equal to the debt service paid pursuant to
  241  paragraph (a) on bonds issued after July 1, 2016, for the
  242  purposes set forth under this subparagraph.
  243         2. A minimum of the lesser of 7.6 percent or $50 million
  244  shall be appropriated annually for spring restoration,
  245  protection, and management projects. For the purpose of
  246  performing the calculation provided in this subparagraph, the
  247  amount of debt service paid pursuant to paragraph (a) for bonds
  248  issued after July 1, 2016, for the purposes set forth under this
  249  paragraph shall be added to the amount remaining after the
  250  payments required under paragraph (a). The amount of the
  251  distribution calculated shall then be reduced by an amount equal
  252  to the debt service paid pursuant to paragraph (a) on bonds
  253  issued after July 1, 2016, for the purposes set forth under this
  254  subparagraph.
  255         3. The sum of $5 million shall be appropriated annually
  256  each fiscal year through the 2025-2026 fiscal year to the St.
  257  Johns River Water Management District for projects dedicated to
  258  the restoration of Lake Apopka. This distribution shall be
  259  reduced by an amount equal to the debt service paid pursuant to
  260  paragraph (a) on bonds issued after July 1, 2016, for the
  261  purposes set forth in this subparagraph.
  262         4. The sum of $64 million is appropriated and shall be
  263  transferred to the Everglades Trust Fund for the 2018-2019
  264  fiscal year, and each fiscal year thereafter, for the EAA
  265  reservoir project pursuant to s. 373.4598. Any funds remaining
  266  in any fiscal year shall be made available only for Phase II of
  267  the C-51 reservoir project or projects identified in
  268  subparagraph 1. and must be used in accordance with laws
  269  relating to such projects. Any funds made available for such
  270  purposes in a fiscal year are in addition to the amount
  271  appropriated under subparagraph 1. This distribution shall be
  272  reduced by an amount equal to the debt service paid pursuant to
  273  paragraph (a) on bonds issued after July 1, 2017, for the
  274  purposes set forth in this subparagraph.
  275         5. The sum of $50 million shall be appropriated annually to
  276  the South Florida Water Management District for the Lake
  277  Okeechobee Watershed Restoration Project in accordance with s.
  278  373.4599. This distribution must be reduced by an amount equal
  279  to the debt service paid pursuant to paragraph (a) on bonds
  280  issued after July 1, 2021, for the purposes set forth in this
  281  subparagraph.
  282         6. The sum of $100 million shall be appropriated annually
  283  to the Department of Environmental Protection for the
  284  acquisition of land pursuant to s. 259.105 Notwithstanding
  285  subparagraph 3., for the 2022-2023 fiscal year, funds shall be
  286  appropriated as provided in the General Appropriations Act. This
  287  subparagraph expires July 1, 2023.
  288         Section 11. Present paragraphs (f) through (r) of
  289  subsection (2) of section 381.0065, Florida Statutes, are
  290  redesignated as paragraphs (g) through (s), respectively, a new
  291  paragraph (f) is added to that subsection, and paragraph (n) of
  292  subsection (4) of that section is amended, to read:
  293         381.0065 Onsite sewage treatment and disposal systems;
  294  regulation.—
  295         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  296  term:
  297         (f)“Enhanced nutrient-reducing onsite sewage treatment and
  298  disposal system” means an onsite sewage treatment and disposal
  299  system approved by the department as capable of meeting or
  300  exceeding a 50 percent total nitrogen reduction before disposal
  301  of wastewater in the drainfield, or at least 65 percent total
  302  nitrogen reduction combined from the onsite sewage tank or tanks
  303  and drainfield.
  304         (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
  305  construct, repair, modify, abandon, or operate an onsite sewage
  306  treatment and disposal system without first obtaining a permit
  307  approved by the department. The department may issue permits to
  308  carry out this section, except that the issuance of a permit for
  309  work seaward of the coastal construction control line
  310  established under s. 161.053 shall be contingent upon receipt of
  311  any required coastal construction control line permit from the
  312  department. A construction permit is valid for 18 months after
  313  the date of issuance and may be extended by the department for
  314  one 90-day period under rules adopted by the department. A
  315  repair permit is valid for 90 days after the date of issuance.
  316  An operating permit must be obtained before the use of any
  317  aerobic treatment unit or if the establishment generates
  318  commercial waste. Buildings or establishments that use an
  319  aerobic treatment unit or generate commercial waste shall be
  320  inspected by the department at least annually to assure
  321  compliance with the terms of the operating permit. The operating
  322  permit for a commercial wastewater system is valid for 1 year
  323  after the date of issuance and must be renewed annually. The
  324  operating permit for an aerobic treatment unit is valid for 2
  325  years after the date of issuance and must be renewed every 2
  326  years. If all information pertaining to the siting, location,
  327  and installation conditions or repair of an onsite sewage
  328  treatment and disposal system remains the same, a construction
  329  or repair permit for the onsite sewage treatment and disposal
  330  system may be transferred to another person, if the transferee
  331  files, within 60 days after the transfer of ownership, an
  332  amended application providing all corrected information and
  333  proof of ownership of the property. A fee is not associated with
  334  the processing of this supplemental information. A person may
  335  not contract to construct, modify, alter, repair, service,
  336  abandon, or maintain any portion of an onsite sewage treatment
  337  and disposal system without being registered under part III of
  338  chapter 489. A property owner who personally performs
  339  construction, maintenance, or repairs to a system serving his or
  340  her own owner-occupied single-family residence is exempt from
  341  registration requirements for performing such construction,
  342  maintenance, or repairs on that residence, but is subject to all
  343  permitting requirements. A municipality or political subdivision
  344  of the state may not issue a building or plumbing permit for any
  345  building that requires the use of an onsite sewage treatment and
  346  disposal system unless the owner or builder has received a
  347  construction permit for such system from the department. A
  348  building or structure may not be occupied and a municipality,
  349  political subdivision, or any state or federal agency may not
  350  authorize occupancy until the department approves the final
  351  installation of the onsite sewage treatment and disposal system.
  352  A municipality or political subdivision of the state may not
  353  approve any change in occupancy or tenancy of a building that
  354  uses an onsite sewage treatment and disposal system until the
  355  department has reviewed the use of the system with the proposed
  356  change, approved the change, and amended the operating permit.
  357         (n) Evaluations for determining the seasonal high-water
  358  table elevations or the suitability of soils for the use of a
  359  new onsite sewage treatment and disposal system shall be
  360  performed by department personnel, professional engineers
  361  registered in the state, or such other persons with expertise,
  362  as defined by rule, in making such evaluations. Evaluations for
  363  determining mean annual flood lines shall be performed by those
  364  persons identified in paragraph (2)(l) (2)(k). The department
  365  shall accept evaluations submitted by professional engineers and
  366  such other persons as meet the expertise established by this
  367  section or by rule unless the department has a reasonable
  368  scientific basis for questioning the accuracy or completeness of
  369  the evaluation.
  370         Section 12. Subsection (3) is added to section 381.00655,
  371  Florida Statutes, to read:
  372         381.00655 Connection of existing onsite sewage treatment
  373  and disposal systems to central sewerage system; requirements.—
  374         (3)Local governmental agencies, as defined in s.
  375  403.1835(2), that receive grants or loans from the department to
  376  offset the cost of connecting onsite sewage treatment and
  377  disposal systems to publicly owned or investor-owned sewerage
  378  systems are encouraged to do all of the following while such
  379  funds remain available:
  380         (a)Identify the owners of onsite sewage treatment and
  381  disposal systems within the jurisdiction of the respective local
  382  governmental agency who are eligible to apply for the grant or
  383  loan funds and notify such owners of the funding availability.
  384         (b)Maintain a publicly available website with information
  385  relating to the availability of the grant or loan funds,
  386  including the amount of funds available and information on how
  387  the owner of an onsite sewage treatment and disposal system may
  388  apply for such funds.
  389         Section 13. Section 403.031, Florida Statutes, is reordered
  390  and amended to read:
  391         403.031 Definitions.—In construing this chapter, or rules
  392  and regulations adopted pursuant hereto, the following words,
  393  phrases, or terms, unless the context otherwise indicates, have
  394  the following meanings:
  395         (1) “Contaminant” is any substance which is harmful to
  396  plant, animal, or human life.
  397         (2) “Department” means the Department of Environmental
  398  Protection.
  399         (3) “Effluent limitations” means any restriction
  400  established by the department on quantities, rates, or
  401  concentrations of chemical, physical, biological, or other
  402  constituents which are discharged from sources into waters of
  403  the state.
  404         (5)“Enhanced nutrient-reducing onsite sewage treatment and
  405  disposal system” means an onsite sewage treatment and disposal
  406  system approved by the department as capable of meeting or
  407  exceeding a 50 percent total nitrogen reduction before disposal
  408  of wastewater in the drainfield, or at least 65 percent total
  409  nitrogen reduction combined from the onsite sewage tank or tanks
  410  and drainfield.
  411         (6)(4) “Installation” means is any structure, equipment, or
  412  facility, or appurtenances thereto, or operation which may emit
  413  air or water contaminants in quantities prohibited by rules of
  414  the department.
  415         (7)“Nutrient or nutrient-related standards” means water
  416  quality standards and criteria established for total nitrogen
  417  and total phosphorous, or their organic or inorganic forms;
  418  biological variables, such as chlorophyll-a, biomass, or the
  419  structure of the phytoplankton, periphyton, or vascular plant
  420  community, that respond to a nutrient load or concentration in a
  421  predictable and measurable manner; or dissolved oxygen if it is
  422  demonstrated for the waterbody that dissolved oxygen conditions
  423  result in a biological imbalance and the dissolved oxygen
  424  responds to a nutrient load or concentration in a predictable
  425  and measurable manner.
  426         (8)“Onsite sewage treatment and disposal system” means a
  427  system that contains a standard subsurface, filled, or mound
  428  drainfield system; an aerobic treatment unit; a graywater system
  429  tank; a laundry wastewater system tank; a septic tank; a grease
  430  interceptor; a pump tank; a solids or effluent pump; a
  431  waterless, incinerating, or organic waste-composting toilet; or
  432  a sanitary pit privy that is installed or proposed to be
  433  installed beyond the building sewer on land of the owner or on
  434  other land to which the owner has the legal right to install a
  435  system. The term includes any item placed within, or intended to
  436  be used as a part of or in conjunction with, the system. The
  437  term does not include package sewage treatment facilities and
  438  other treatment works regulated under chapter 403.
  439         (9)(5) “Person” means the state or any agency or
  440  institution thereof, the United States or any agency or
  441  institution thereof, or any municipality, political subdivision,
  442  public or private corporation, individual, partnership,
  443  association, or other entity and includes any officer or
  444  governing or managing body of the state, the United States, any
  445  agency, any municipality, political subdivision, or public or
  446  private corporation.
  447         (10)(6) “Plant” is any unit operation, complex, area, or
  448  multiple of unit operations that produce, process, or cause to
  449  be processed any materials, the processing of which can, or may,
  450  cause air or water pollution.
  451         (11)(7) “Pollution” is the presence in the outdoor
  452  atmosphere or waters of the state of any substances,
  453  contaminants, noise, or manmade or human-induced impairment of
  454  air or waters or alteration of the chemical, physical,
  455  biological, or radiological integrity of air or water in
  456  quantities or at levels which are or may be potentially harmful
  457  or injurious to human health or welfare, animal or plant life,
  458  or property or which unreasonably interfere with the enjoyment
  459  of life or property, including outdoor recreation unless
  460  authorized by applicable law.
  461         (12)(8) “Pollution prevention” means the steps taken by a
  462  potential generator of contamination or pollution to eliminate
  463  or reduce the contamination or pollution before it is discharged
  464  into the environment. The term includes nonmandatory steps taken
  465  to use alternative forms of energy, conserve or reduce the use
  466  of energy, substitute nontoxic materials for toxic materials,
  467  conserve or reduce the use of toxic materials and raw materials,
  468  reformulate products, modify manufacturing or other processes,
  469  improve in-plant maintenance and operations, implement
  470  environmental planning before expanding a facility, and recycle
  471  toxic or other raw materials.
  472         (14)(9) “Sewerage system” means pipelines or conduits,
  473  pumping stations, and force mains and all other structures,
  474  devices, appurtenances, and facilities used for collecting or
  475  conducting wastes to an ultimate point for treatment or
  476  disposal.
  477         (15)(10) “Source” means is any and all points of origin of
  478  a contaminant the item defined in subsection (1), whether
  479  privately or publicly owned or operated.
  480         (21)(11) “Treatment works” and “disposal systems” mean any
  481  plant or other works used for the purpose of treating,
  482  stabilizing, or holding wastes.
  483         (22)(12) “Wastes” means sewage, industrial wastes, and all
  484  other liquid, gaseous, solid, radioactive, or other substances
  485  which may pollute or tend to pollute any waters of the state.
  486         (23)(13) “Waters” include, but are not limited to, rivers,
  487  lakes, streams, springs, impoundments, wetlands, and all other
  488  waters or bodies of water, including fresh, brackish, saline,
  489  tidal, surface, or underground waters. Waters owned entirely by
  490  one person other than the state are included only in regard to
  491  possible discharge on other property or water. Underground
  492  waters include, but are not limited to, all underground waters
  493  passing through pores of rock or soils or flowing through in
  494  channels, whether manmade or natural. Solely for purposes of s.
  495  403.0885, waters of the state also include navigable waters or
  496  waters of the contiguous zone as used in s. 502 of the Clean
  497  Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
  498  existence on January 1, 1993, except for those navigable waters
  499  seaward of the boundaries of the state set forth in s. 1, Art.
  500  II of the State Constitution. Solely for purposes of this
  501  chapter, waters of the state also include the area bounded by
  502  the following:
  503         (a) Commence at the intersection of State Road (SRD) 5
  504  (U.S. 1) and the county line dividing Miami-Dade and Monroe
  505  Counties, said point also being the mean high-water line of
  506  Florida Bay, located in section 4, township 60 south, range 39
  507  east of the Tallahassee Meridian for the point of beginning.
  508  From said point of beginning, thence run northwesterly along
  509  said SRD 5 to an intersection with the north line of section 18,
  510  township 58 south, range 39 east; thence run westerly to a point
  511  marking the southeast corner of section 12, township 58 south,
  512  range 37 east, said point also lying on the east boundary of the
  513  Everglades National Park; thence run north along the east
  514  boundary of the aforementioned Everglades National Park to a
  515  point marking the northeast corner of section 1, township 58
  516  south, range 37 east; thence run west along said park to a point
  517  marking the northwest corner of said section 1; thence run
  518  northerly along said park to a point marking the northwest
  519  corner of section 24, township 57 south, range 37 east; thence
  520  run westerly along the south lines of sections 14, 15, and 16 to
  521  the southwest corner of section 16; thence leaving the
  522  Everglades National Park boundary run northerly along the west
  523  line of section 16 to the northwest corner of section 16; thence
  524  east along the northerly line of section 16 to a point at the
  525  intersection of the east one-half and west one-half of section
  526  9; thence northerly along the line separating the east one-half
  527  and the west one-half of sections 9, 4, 33, and 28; thence run
  528  easterly along the north line of section 28 to the northeast
  529  corner of section 28; thence run northerly along the west line
  530  of section 22 to the northwest corner of section 22; thence
  531  easterly along the north line of section 22 to a point at the
  532  intersection of the east one-half and west one-half of section
  533  15; thence run northerly along said line to the point of
  534  intersection with the north line of section 15; thence easterly
  535  along the north line of section 15 to the northeast corner of
  536  section 15; thence run northerly along the west lines of
  537  sections 11 and 2 to the northwest corner of section 2; thence
  538  run easterly along the north lines of sections 2 and 1 to the
  539  northeast corner of section 1, township 56 south, range 37 east;
  540  thence run north along the east line of section 36, township 55
  541  south, range 37 east to the northeast corner of section 36;
  542  thence run west along the north line of section 36 to the
  543  northwest corner of section 36; thence run north along the west
  544  line of section 25 to the northwest corner of section 25; thence
  545  run west along the north line of section 26 to the northwest
  546  corner of section 26; thence run north along the west line of
  547  section 23 to the northwest corner of section 23; thence run
  548  easterly along the north line of section 23 to the northeast
  549  corner of section 23; thence run north along the west line of
  550  section 13 to the northwest corner of section 13; thence run
  551  east along the north line of section 13 to a point of
  552  intersection with the west line of the southeast one-quarter of
  553  section 12; thence run north along the west line of the
  554  southeast one-quarter of section 12 to the northwest corner of
  555  the southeast one-quarter of section 12; thence run east along
  556  the north line of the southeast one-quarter of section 12 to the
  557  point of intersection with the east line of section 12; thence
  558  run east along the south line of the northwest one-quarter of
  559  section 7 to the southeast corner of the northwest one-quarter
  560  of section 7; thence run north along the east line of the
  561  northwest one-quarter of section 7 to the point of intersection
  562  with the north line of section 7; thence run northerly along the
  563  west line of the southeast one-quarter of section 6 to the
  564  northwest corner of the southeast one-quarter of section 6;
  565  thence run east along the north lines of the southeast one
  566  quarter of section 6 and the southwest one-quarter of section 5
  567  to the northeast corner of the southwest one-quarter of section
  568  5; thence run northerly along the east line of the northwest
  569  one-quarter of section 5 to the point of intersection with the
  570  north line of section 5; thence run northerly along the line
  571  dividing the east one-half and the west one-half of Lot 5 to a
  572  point intersecting the north line of Lot 5; thence run east
  573  along the north line of Lot 5 to the northeast corner of Lot 5,
  574  township 54 1/2 south, range 38 east; thence run north along the
  575  west line of section 33, township 54 south, range 38 east to a
  576  point intersecting the northwest corner of the southwest one
  577  quarter of section 33; thence run easterly along the north line
  578  of the southwest one-quarter of section 33 to the northeast
  579  corner of the southwest one-quarter of section 33; thence run
  580  north along the west line of the northeast one-quarter of
  581  section 33 to a point intersecting the north line of section 33;
  582  thence run easterly along the north line of section 33 to the
  583  northeast corner of section 33; thence run northerly along the
  584  west line of section 27 to a point intersecting the northwest
  585  corner of the southwest one-quarter of section 27; thence run
  586  easterly to the northeast corner of the southwest one-quarter of
  587  section 27; thence run northerly along the west line of the
  588  northeast one-quarter of section 27 to a point intersecting the
  589  north line of section 27; thence run west along the north line
  590  of section 27 to the northwest corner of section 27; thence run
  591  north along the west lines of sections 22 and 15 to the
  592  northwest corner of section 15; thence run easterly along the
  593  north lines of sections 15 and 14 to the point of intersection
  594  with the L-31N Levee, said intersection located near the
  595  southeast corner of section 11, township 54 south, range 38
  596  east; thence run northerly along Levee L-31N crossing SRD 90
  597  (U.S. 41 Tamiami Trail) to an intersection common to Levees L
  598  31N, L-29, and L-30, said intersection located near the
  599  southeast corner of section 2, township 54 south, range 38 east;
  600  thence run northeasterly, northerly, and northeasterly along
  601  Levee L-30 to a point of intersection with the Miami
  602  Dade/Broward Levee, said intersection located near the northeast
  603  corner of section 17, township 52 south, range 39 east; thence
  604  run due east to a point of intersection with SRD 27 (Krome
  605  Ave.); thence run northeasterly along SRD 27 to an intersection
  606  with SRD 25 (U.S. 27), said intersection located in section 3,
  607  township 52 south, range 39 east; thence run northerly along
  608  said SRD 25, entering into Broward County, to an intersection
  609  with SRD 84 at Andytown; thence run southeasterly along the
  610  aforementioned SRD 84 to an intersection with the southwesterly
  611  prolongation of Levee L-35A, said intersection being located in
  612  the northeast one-quarter of section 5, township 50 south, range
  613  40 east; thence run northeasterly along Levee L-35A to an
  614  intersection of Levee L-36, said intersection located near the
  615  southeast corner of section 12, township 49 south, range 40
  616  east; thence run northerly along Levee L-36, entering into Palm
  617  Beach County, to an intersection common to said Levees L-36, L
  618  39, and L-40, said intersection located near the west quarter
  619  corner of section 19, township 47 south, range 41 east; thence
  620  run northeasterly, easterly, and northerly along Levee L-40,
  621  said Levee L-40 being the easterly boundary of the Loxahatchee
  622  National Wildlife Refuge, to an intersection with SRD 80 (U.S.
  623  441), said intersection located near the southeast corner of
  624  section 32, township 43 south, range 40 east; thence run
  625  westerly along the aforementioned SRD 80 to a point marking the
  626  intersection of said road and the northeasterly prolongation of
  627  Levee L-7, said Levee L-7 being the westerly boundary of the
  628  Loxahatchee National Wildlife Refuge; thence run southwesterly
  629  and southerly along said Levee L-7 to an intersection common to
  630  Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
  631  southwesterly along Levee L-6 to an intersection common to Levee
  632  L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
  633  located near the northwest corner of section 27, township 47
  634  south, range 38 east; thence run westerly along the
  635  aforementioned Levee L-5 to a point intersecting the east line
  636  of range 36 east; thence run northerly along said range line to
  637  a point marking the northeast corner of section 1, township 47
  638  south, range 36 east; thence run westerly along the north line
  639  of township 47 south, to an intersection with Levee L-23/24
  640  (Miami Canal); thence run northwesterly along the Miami Canal
  641  Levee to a point intersecting the north line of section 22,
  642  township 46 south, range 35 east; thence run westerly to a point
  643  marking the northwest corner of section 21, township 46 south,
  644  range 35 east; thence run southerly to the southwest corner of
  645  said section 21; thence run westerly to a point marking the
  646  northwest corner of section 30, township 46 south, range 35
  647  east, said point also being on the line dividing Palm Beach and
  648  Hendry Counties; from said point, thence run southerly along
  649  said county line to a point marking the intersection of Broward,
  650  Hendry, and Collier Counties, said point also being the
  651  northeast corner of section 1, township 49 south, range 34 east;
  652  thence run westerly along the line dividing Hendry and Collier
  653  Counties and continuing along the prolongation thereof to a
  654  point marking the southwest corner of section 36, township 48
  655  south, range 29 east; thence run southerly to a point marking
  656  the southwest corner of section 12, township 49 south, range 29
  657  east; thence run westerly to a point marking the southwest
  658  corner of section 10, township 49 south, range 29 east; thence
  659  run southerly to a point marking the southwest corner of section
  660  15, township 49 south, range 29 east; thence run westerly to a
  661  point marking the northwest corner of section 24, township 49
  662  south, range 28 east, said point lying on the west boundary of
  663  the Big Cypress Area of Critical State Concern as described in
  664  rule 28-25.001, Florida Administrative Code; thence run
  665  southerly along said boundary crossing SRD 84 (Alligator Alley)
  666  to a point marking the southwest corner of section 24, township
  667  50 south, range 28 east; thence leaving the aforementioned west
  668  boundary of the Big Cypress Area of Critical State Concern run
  669  easterly to a point marking the northeast corner of section 25,
  670  township 50 south, range 28 east; thence run southerly along the
  671  east line of range 28 east to a point lying approximately 0.15
  672  miles south of the northeast corner of section 1, township 52
  673  south, range 28 east; thence run southwesterly 2.4 miles more or
  674  less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
  675  said intersection lying 1.1 miles more or less west of the east
  676  line of range 28 east; thence run northwesterly and westerly
  677  along SRD 90 to an intersection with the west line of section
  678  10, township 52 south, range 28 east; thence leaving SRD 90 run
  679  southerly to a point marking the southwest corner of section 15,
  680  township 52 south, range 28 east; thence run westerly crossing
  681  the Faka Union Canal 0.6 miles more or less to a point; thence
  682  run southerly and parallel to the Faka Union Canal to a point
  683  located on the mean high-water line of Faka Union Bay; thence
  684  run southeasterly along the mean high-water line of the various
  685  bays, rivers, inlets, and streams to the point of beginning.
  686         (b) The area bounded by the line described in paragraph (a)
  687  generally includes those waters to be known as waters of the
  688  state. The landward extent of these waters shall be determined
  689  by the delineation methodology ratified in s. 373.4211. Any
  690  waters which are outside the general boundary line described in
  691  paragraph (a) but which are contiguous thereto by virtue of the
  692  presence of a wetland, watercourse, or other surface water, as
  693  determined by the delineation methodology ratified in s.
  694  373.4211, shall be a part of this waterbody water body. Any
  695  areas within the line described in paragraph (a) which are
  696  neither a wetland nor surface water, as determined by the
  697  delineation methodology ratified in s. 373.4211, shall be
  698  excluded therefrom. If the Florida Environmental Regulation
  699  Commission designates the waters within the boundaries an
  700  Outstanding Florida Water, waters outside the boundaries may
  701  shall not be included as part of such designation unless a
  702  hearing is held pursuant to notice in each appropriate county
  703  and the boundaries of such lands are specifically considered and
  704  described for such designation.
  705         (16)(14) “State water resource implementation rule” means
  706  the rule authorized by s. 373.036, which sets forth goals,
  707  objectives, and guidance for the development and review of
  708  programs, rules, and plans relating to water resources, based on
  709  statutory policies and directives. The waters of the state are
  710  among its most basic resources. Such waters should be managed to
  711  conserve and protect water resources and to realize the full
  712  beneficial use of these resources.
  713         (17)(15) “Stormwater management program” means the
  714  institutional strategy for stormwater management, including
  715  urban, agricultural, and other stormwater.
  716         (18)(16) “Stormwater management system” means a system
  717  which is designed and constructed or implemented to control
  718  discharges that which are necessitated by rainfall events,
  719  incorporating methods to collect, convey, store, absorb,
  720  inhibit, treat, use, or reuse water to prevent or reduce
  721  flooding, overdrainage, environmental degradation and water
  722  pollution or otherwise affect the quantity and quality of
  723  discharges from the system.
  724         (19)(17) “Stormwater utility” means the funding of a
  725  stormwater management program by assessing the cost of the
  726  program to the beneficiaries based on their relative
  727  contribution to its need. It is operated as a typical utility
  728  which bills services regularly, similar to water and wastewater
  729  services.
  730         (24)(18) “Watershed” means the land area that which
  731  contributes to the flow of water into a receiving body of water.
  732         (13)(19) “Regulated air pollutant” means any pollutant
  733  regulated under the federal Clean Air Act.
  734         (4)(20) “Electrical power plant” means, for purposes of
  735  this part of this chapter, any electrical generating facility
  736  that uses any process or fuel and that is owned or operated by
  737  an electric utility, as defined in s. 403.503(14), and includes
  738  any associated facility that directly supports the operation of
  739  the electrical power plant.
  740         (20)(21) “Total maximum daily load” is defined as the sum
  741  of the individual wasteload allocations for point sources and
  742  the load allocations for nonpoint sources and natural
  743  background. Prior to determining individual wasteload
  744  allocations and load allocations, the maximum amount of a
  745  pollutant that a waterbody water body or water segment can
  746  assimilate from all sources without exceeding water quality
  747  standards must first be calculated.
  748         Section 14. Paragraphs (a) and (e) of subsection (7) of
  749  section 403.067, Florida Statutes, are amended to read:
  750         403.067 Establishment and implementation of total maximum
  751  daily loads.—
  752         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  753  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  754         (a) Basin management action plans.—
  755         1. In developing and implementing the total maximum daily
  756  load for a waterbody water body, the department, or the
  757  department in conjunction with a water management district, may
  758  develop a basin management action plan that addresses some or
  759  all of the watersheds and basins tributary to the waterbody
  760  water body. Such plan must integrate the appropriate management
  761  strategies available to the state through existing water quality
  762  protection programs to achieve the total maximum daily loads and
  763  may provide for phased implementation of these management
  764  strategies to promote timely, cost-effective actions as provided
  765  for in s. 403.151. The plan must establish a schedule
  766  implementing the management strategies, establish a basis for
  767  evaluating the plan’s effectiveness, and identify feasible
  768  funding strategies for implementing the plan’s management
  769  strategies. The management strategies may include regional
  770  treatment systems or other public works, when appropriate, and
  771  voluntary trading of water quality credits to achieve the needed
  772  pollutant load reductions.
  773         2. A basin management action plan must equitably allocate,
  774  pursuant to paragraph (6)(b), pollutant reductions to individual
  775  basins, as a whole to all basins, or to each identified point
  776  source or category of nonpoint sources, as appropriate. For
  777  nonpoint sources for which best management practices have been
  778  adopted, the initial requirement specified by the plan must be
  779  those practices developed pursuant to paragraph (c). When
  780  appropriate, the plan may take into account the benefits of
  781  pollutant load reduction achieved by point or nonpoint sources
  782  that have implemented management strategies to reduce pollutant
  783  loads, including best management practices, before the
  784  development of the basin management action plan. The plan must
  785  also identify the mechanisms that will address potential future
  786  increases in pollutant loading.
  787         3. The basin management action planning process is intended
  788  to involve the broadest possible range of interested parties,
  789  with the objective of encouraging the greatest amount of
  790  cooperation and consensus possible. In developing a basin
  791  management action plan, the department shall assure that key
  792  stakeholders, including, but not limited to, applicable local
  793  governments, water management districts, the Department of
  794  Agriculture and Consumer Services, other appropriate state
  795  agencies, local soil and water conservation districts,
  796  environmental groups, regulated interests, and affected
  797  pollution sources, are invited to participate in the process.
  798  The department shall hold at least one public meeting in the
  799  vicinity of the watershed or basin to discuss and receive
  800  comments during the planning process and shall otherwise
  801  encourage public participation to the greatest practicable
  802  extent. Notice of the public meeting must be published in a
  803  newspaper of general circulation in each county in which the
  804  watershed or basin lies at least 5 days, but not more than 15
  805  days, before the public meeting. A basin management action plan
  806  does not supplant or otherwise alter any assessment made under
  807  subsection (3) or subsection (4) or any calculation or initial
  808  allocation.
  809         4. Each new or revised basin management action plan must
  810  shall include all of the following:
  811         a. The appropriate management strategies available through
  812  existing water quality protection programs to achieve total
  813  maximum daily loads, which may provide for phased implementation
  814  to promote timely, cost-effective actions as provided for in s.
  815  403.151.;
  816         b. A description of best management practices adopted by
  817  rule.;
  818         c. For the applicable 5-year implementation milestone, a
  819  list of projects that will achieve the pollutant load reductions
  820  needed to meet the total maximum daily load or the load
  821  allocations established pursuant to subsection (6). Each project
  822  must include a planning-level cost estimate and an estimated
  823  date of completion. A list of projects in priority ranking with
  824  a planning-level cost estimate and estimated date of completion
  825  for each listed project;
  826         d.A list of projects developed pursuant to paragraph (e),
  827  if applicable.
  828         e.d. The source and amount of financial assistance to be
  829  made available by the department, a water management district,
  830  or other entity for each listed project, if applicable.; and
  831         f.e. A planning-level estimate of each listed project’s
  832  expected load reduction, if applicable.
  833         5. The department shall adopt all or any part of a basin
  834  management action plan and any amendment to such plan by
  835  secretarial order pursuant to chapter 120 to implement this
  836  section.
  837         6. The basin management action plan must include 5-year
  838  milestones for implementation and water quality improvement, and
  839  an associated water quality monitoring component sufficient to
  840  evaluate whether reasonable progress in pollutant load
  841  reductions is being achieved over time. An assessment of
  842  progress toward these milestones shall be conducted every 5
  843  years, and revisions to the plan shall be made as appropriate.
  844  Any entity with a specific pollutant load reduction requirement
  845  established in a basin management action plan shall identify the
  846  projects or strategies that such entity will undertake to meet
  847  current 5-year pollution reduction milestones, beginning with
  848  the first 5-year milestone for new basin management action
  849  plans, and submit such projects to the department for inclusion
  850  in the appropriate basin management action plan. Each project
  851  identified must include an estimated amount of nutrient
  852  reduction that is reasonably expected to be achieved based on
  853  the best scientific information available. Revisions to the
  854  basin management action plan shall be made by the department in
  855  cooperation with basin stakeholders. Revisions to the management
  856  strategies required for nonpoint sources must follow the
  857  procedures in subparagraph (c)4. Revised basin management action
  858  plans must be adopted pursuant to subparagraph 5.
  859         7. In accordance with procedures adopted by rule under
  860  paragraph (9)(c), basin management action plans, and other
  861  pollution control programs under local, state, or federal
  862  authority as provided in subsection (4), may allow point or
  863  nonpoint sources that will achieve greater pollutant reductions
  864  than required by an adopted total maximum daily load or
  865  wasteload allocation to generate, register, and trade water
  866  quality credits for the excess reductions to enable other
  867  sources to achieve their allocation; however, the generation of
  868  water quality credits does not remove the obligation of a source
  869  or activity to meet applicable technology requirements or
  870  adopted best management practices. Such plans must allow trading
  871  between NPDES permittees, and trading that may or may not
  872  involve NPDES permittees, where the generation or use of the
  873  credits involve an entity or activity not subject to department
  874  water discharge permits whose owner voluntarily elects to obtain
  875  department authorization for the generation and sale of credits.
  876         8. The department’s rule relating to the equitable
  877  abatement of pollutants into surface waters do not apply to
  878  water bodies or waterbody water body segments for which a basin
  879  management plan that takes into account future new or expanded
  880  activities or discharges has been adopted under this section.
  881         9. In order to promote resilient wastewater utilities, if
  882  the department identifies domestic wastewater treatment
  883  facilities or onsite sewage treatment and disposal systems as
  884  contributors of at least 20 percent of point source or nonpoint
  885  source nutrient pollution or if the department determines
  886  remediation is necessary to achieve the total maximum daily
  887  load, a basin management action plan for a nutrient total
  888  maximum daily load must include the following:
  889         a. A wastewater treatment plan developed by each local
  890  government, in cooperation with the department, the water
  891  management district, and the public and private domestic
  892  wastewater treatment facilities within the jurisdiction of the
  893  local government, that addresses domestic wastewater. The
  894  wastewater treatment plan must:
  895         (I) Provide for construction, expansion, or upgrades
  896  necessary to achieve the total maximum daily load requirements
  897  applicable to the domestic wastewater treatment facility.
  898         (II) Include the permitted capacity in average annual
  899  gallons per day for the domestic wastewater treatment facility;
  900  the average nutrient concentration and the estimated average
  901  nutrient load of the domestic wastewater; a projected timeline
  902  of the dates by which the construction of any facility
  903  improvements will begin and be completed and the date by which
  904  operations of the improved facility will begin; the estimated
  905  cost of the improvements; and the identity of responsible
  906  parties.
  907  
  908  The wastewater treatment plan must be adopted as part of the
  909  basin management action plan no later than July 1, 2025. A local
  910  government that does not have a domestic wastewater treatment
  911  facility in its jurisdiction is not required to develop a
  912  wastewater treatment plan unless there is a demonstrated need to
  913  establish a domestic wastewater treatment facility within its
  914  jurisdiction to improve water quality necessary to achieve a
  915  total maximum daily load. A local government is not responsible
  916  for a private domestic wastewater facility’s compliance with a
  917  basin management action plan unless such facility is operated
  918  through a public-private partnership to which the local
  919  government is a party.
  920         b. An onsite sewage treatment and disposal system
  921  remediation plan developed by each local government in
  922  cooperation with the department, the Department of Health, water
  923  management districts, and public and private domestic wastewater
  924  treatment facilities.
  925         (I) The onsite sewage treatment and disposal system
  926  remediation plan must identify cost-effective and financially
  927  feasible projects necessary to achieve the nutrient load
  928  reductions required for onsite sewage treatment and disposal
  929  systems. To identify cost-effective and financially feasible
  930  projects for remediation of onsite sewage treatment and disposal
  931  systems, the local government shall:
  932         (A) Include an inventory of onsite sewage treatment and
  933  disposal systems based on the best information available;
  934         (B) Identify onsite sewage treatment and disposal systems
  935  that would be eliminated through connection to existing or
  936  future central domestic wastewater infrastructure in the
  937  jurisdiction or domestic wastewater service area of the local
  938  government, that would be replaced with or upgraded to enhanced
  939  nutrient-reducing onsite sewage treatment and disposal systems,
  940  or that would remain on conventional onsite sewage treatment and
  941  disposal systems;
  942         (C) Estimate the costs of potential onsite sewage treatment
  943  and disposal system connections, upgrades, or replacements; and
  944         (D) Identify deadlines and interim milestones for the
  945  planning, design, and construction of projects.
  946         (II) The department shall adopt the onsite sewage treatment
  947  and disposal system remediation plan as part of the basin
  948  management action plan no later than July 1, 2025, or as
  949  required for Outstanding Florida Springs under s. 373.807.
  950         10.The installation of new onsite sewage treatment and
  951  disposal systems constructed within a basin management action
  952  plan area adopted under this section, a reasonable assurance
  953  plan, or a pollution reduction plan is prohibited where
  954  connection to a publicly owned or investor-owned sewerage system
  955  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
  956  or less within a basin management action plan adopted under this
  957  section, a reasonable assurance plan, or a pollution reduction
  958  plan where a publicly owned or investor-owned sewerage system is
  959  not available, the installation of enhanced nutrient-reducing
  960  onsite sewage treatment and disposal systems or other wastewater
  961  treatment systems that achieve at least 65 percent nitrogen
  962  reduction is required.
  963         11.10. When identifying wastewater projects in a basin
  964  management action plan, the department may not require the
  965  higher cost option if it achieves the same nutrient load
  966  reduction as a lower cost option. A regulated entity may choose
  967  a different cost option if it complies with the pollutant
  968  reduction requirements of an adopted total maximum daily load
  969  and meets or exceeds the pollution reduction requirement of the
  970  original project.
  971         12.Annually, local governments subject to a basin
  972  management action plan or located within the basin of a
  973  waterbody not attaining nutrient or nutrient-related standards
  974  must provide to the department an update on the status of
  975  construction of sanitary sewers to serve such areas, in a manner
  976  prescribed by the department.
  977         (e) Cooperative agricultural regional water quality
  978  improvement element.—
  979         1. The department and, the Department of Agriculture and
  980  Consumer Services, in cooperation with and owners of
  981  agricultural operations in the basin, shall develop a
  982  cooperative agricultural regional water quality improvement
  983  element as part of a basin management action plan where only if:
  984         a. Agricultural measures have been adopted by the
  985  Department of Agriculture and Consumer Services pursuant to
  986  subparagraph (c)2. and have been implemented and the water body
  987  remains impaired;
  988         b. Agricultural nonpoint sources contribute to at least 20
  989  percent of nonpoint source nutrient discharges; or and
  990         b.c. The department determines that additional measures, in
  991  combination with state-sponsored regional projects and other
  992  management strategies included in the basin management action
  993  plan, are necessary to achieve the total maximum daily load.
  994         2. The element will be implemented through the use of cost
  995  effective and technically and financially practical regional
  996  agricultural nutrient reduction cost-sharing projects and. The
  997  element must include a list of such projects submitted to the
  998  department by the Department of Agriculture and Consumer
  999  Services which, in combination with the best management
 1000  practices, additional measures, and other management strategies,
 1001  will achieve the needed pollutant load reductions established
 1002  for agricultural nonpoint sources cost-effective and technically
 1003  and financially practical cooperative regional agricultural
 1004  nutrient reduction projects that can be implemented on private
 1005  properties on a site-specific, cooperative basis. Such
 1006  cooperative regional agricultural nutrient reduction projects
 1007  may include, but are not limited to, land acquisition in fee or
 1008  conservation easements on the lands of willing sellers and site
 1009  specific water quality improvement or dispersed water management
 1010  projects. The list of regional projects included in the
 1011  cooperative agricultural regional water quality improvement
 1012  element must include a planning-level cost estimate of each
 1013  project along with the estimated amount of nutrient reduction
 1014  that such project will achieve on the lands of project
 1015  participants.
 1016         3. To qualify for participation in the cooperative
 1017  agricultural regional water quality improvement element, the
 1018  participant must have already implemented and be in compliance
 1019  with best management practices or other measures adopted by the
 1020  Department of Agriculture and Consumer Services pursuant to
 1021  subparagraph (c)2. The element must may be included in the basin
 1022  management action plan as a part of the next 5-year assessment
 1023  under subparagraph (a)6.
 1024         4. The department or the Department of Agriculture and
 1025  Consumer Services may submit a legislative budget request to
 1026  fund projects developed pursuant to this paragraph. In
 1027  allocating funds for projects funded pursuant to this paragraph,
 1028  the department shall provide at least 20 percent of its annual
 1029  appropriation for projects in subbasins with the highest
 1030  nutrient concentrations within a basin management action plan.
 1031  Projects submitted pursuant to this paragraph are eligible for
 1032  funding in accordance with s. 403.0673.
 1033         Section 15. Section 403.0673, Florida Statutes, is amended
 1034  to read:
 1035         403.0673 Water quality improvement Wastewater grant
 1036  program.—A wastewater grant program is established within the
 1037  Department of Environmental Protection to address wastewater,
 1038  stormwater, and agricultural sources of nutrient loading to
 1039  surface water or groundwater.
 1040         (1) The purpose of the grant program is to fund projects
 1041  that will improve the quality of waterbodies that:
 1042         (a)Are not attaining nutrient or nutrient-related
 1043  standards;
 1044         (b)Have an established total maximum daily load; or
 1045         (c)Are located Subject to the appropriation of funds by
 1046  the Legislature, the department may provide grants for the
 1047  following projects within a basin management action plan area, a
 1048  reasonable assurance plan area an alternative restoration plan
 1049  adopted by final order, an accepted alternative restoration plan
 1050  area, or a rural area of opportunity under s. 288.0656.
 1051         (2)The department may provide grants for all of the
 1052  following types of projects that reduce the amount of nutrients
 1053  entering those waterbodies identified in subsection (1):
 1054         (a)Connecting onsite sewage treatment and disposal systems
 1055  to central sewer facilities.
 1056         (b)Upgrading domestic wastewater treatment facilities to
 1057  advanced waste treatment or greater.
 1058         (c)Repairing, upgrading, expanding, or constructing
 1059  stormwater treatment facilities that result in improvements to
 1060  surface water or groundwater quality.
 1061         (d)Repairing, upgrading, expanding, or constructing
 1062  domestic wastewater treatment facilities that result in
 1063  improvements to surface water or groundwater quality, including
 1064  domestic wastewater reuse and collection systems.
 1065         (e)Projects identified pursuant to s. 403.067(7)(a) or
 1066  (7)(e).
 1067         (f)Projects identified in a wastewater treatment plan or
 1068  an onsite sewage treatment and disposal system remediation plan
 1069  developed pursuant to s. 403.067(7)(a)9.a. and b.
 1070         (g)Projects listed in a city or county capital improvement
 1071  element pursuant to s. 163.3177(3)(a)4.b.
 1072         (h)Retrofitting onsite sewage treatment and disposal
 1073  systems to upgrade such systems to enhanced nutrient-reducing
 1074  onsite sewage treatment and disposal systems where central
 1075  sewerage is unavailable which will individually or collectively
 1076  reduce excess nutrient pollution:
 1077         (a)Projects to retrofit onsite sewage treatment and
 1078  disposal systems to upgrade such systems to enhanced nutrient
 1079  reducing onsite sewage treatment and disposal systems.
 1080         (b)Projects to construct, upgrade, or expand facilities to
 1081  provide advanced waste treatment, as defined in s. 403.086(4).
 1082         (c)Projects to connect onsite sewage treatment and
 1083  disposal systems to central sewer facilities.
 1084         (3)(2)In allocating such funds, priority must be given to
 1085  projects that subsidize the connection of onsite sewage
 1086  treatment and disposal systems to wastewater treatment
 1087  facilities. First priority must be given to subsidize the
 1088  connection of onsite sewage treatment and disposal systems to
 1089  existing infrastructure. Second priority must be given to any
 1090  expansion of a collection or transmission system that promotes
 1091  efficiency by planning the installation of wastewater
 1092  transmission facilities to be constructed concurrently with
 1093  other construction projects occurring within or along a
 1094  transportation facility right-of-way. Third priority must be
 1095  given to all other connections of onsite sewage treatment and
 1096  disposal systems to wastewater treatment facilities. The
 1097  department shall consider and prioritize those projects that:
 1098         (a)Have the maximum estimated reduction in nutrient load
 1099  per project;
 1100         (b)Demonstrate project readiness;
 1101         (c)Are cost-effective;
 1102         (d)Have a cost share identified by the applicant, except
 1103  for rural areas of opportunity;
 1104         (e)Have previous state commitment and involvement in the
 1105  project, considering previously funded phases, the total amount
 1106  of previous state funding, and previous partial appropriations
 1107  for the proposed project; or
 1108         (f)Are in a the cost-effectiveness of the project; the
 1109  overall environmental benefit of a project; the location where
 1110  reductions are needed most to attain the water quality standards
 1111  of a waterbody not attaining nutrient or nutrient-related
 1112  standards.
 1113  
 1114  Any project that does not result in reducing nutrient loading to
 1115  a waterbody identified in subsection (1) is not eligible for
 1116  funding under this section of a project; the availability of
 1117  local matching funds; and projected water savings or quantity
 1118  improvements associated with a project.
 1119         (3)Each grant for a project described in subsection (1)
 1120  must require a minimum of a 50-percent local match of funds.
 1121  However, the department may, at its discretion, waive, in whole
 1122  or in part, this consideration of the local contribution for
 1123  proposed projects within an area designated as a rural area of
 1124  opportunity under s. 288.0656.
 1125         (4) The department shall coordinate annually with each
 1126  water management district, as necessary, to identify potential
 1127  projects grant recipients in each district.
 1128         (5) The department shall coordinate with local governments
 1129  and stakeholders to identify the most effective and beneficial
 1130  water quality improvement projects.
 1131         (6)The department shall coordinate with the Department of
 1132  Agriculture and Consumer Services to prioritize the most
 1133  effective and beneficial agricultural nonpoint source projects
 1134  identified pursuant to s. 403.067(7)(e).
 1135         (7) Beginning January 15, 2024 1, 2021, and each January