Florida Senate - 2025                                    SB 1646
       
       
        
       By Senator Berman
       
       
       
       
       
       26-01854-25                                           20251646__
    1                        A bill to be entitled                      
    2         An act relating to water quality improvements;
    3         providing legislative findings; requiring the Office
    4         of Program Policy Analysis and Government
    5         Accountability (OPPAGA) to conduct a study of the
    6         prevalence and effects of lead in drinking water in
    7         certain public facilities; specifying the information
    8         that must be included in the study; requiring OPPAGA
    9         to consult with interested entities in conducting the
   10         study; requiring OPPAGA to submit the study to the
   11         Governor and Legislature by a specified date;
   12         providing for future repeal; amending s. 403.0673,
   13         F.S.; requiring the Department of Environmental
   14         Protection to consider and prioritize certain water
   15         quality improvement projects relating to special flood
   16         hazard areas; providing requirements for the
   17         Department of Health, the Fish and Wildlife
   18         Conservation Commission, and water management
   19         districts relating to harmful algal blooms; requiring
   20         water management districts to submit a plan relating
   21         to the prevention and mitigation of the harmful
   22         effects of blue-green algal blooms to certain entities
   23         by a specified date; requiring specified entities to
   24         provide a schedule for implementing the plan;
   25         requiring the Department of Agriculture and Consumer
   26         Services and the South Florida Water Management
   27         District to take specified actions to ensure nitrogen
   28         levels continue to drop in Lake Okeechobee; requiring
   29         the Department of Environmental Protection and the St.
   30         Johns River Water Management District to take
   31         specified actions relating to improving water quality
   32         in the Upper St. Johns River Basin; providing
   33         reporting requirements; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. (1)The Legislature finds that:
   38         (a)The adverse health effects of lead exposure in children
   39  and adults are well documented and no safe blood-lead level in
   40  children has been identified.
   41         (b)Lead accumulates in the body and can be ingested from
   42  various sources, including water sources used for drinking, food
   43  preparation, or cooking.
   44         (c)All sources of lead should be controlled or eliminated
   45  to prevent lead poisoning.
   46         (2)The Office of Program Policy Analysis and Government
   47  Accountability (OPPAGA) shall conduct a study of the prevalence
   48  and effects of lead in drinking water in all public facilities
   49  that receive state funding. OPPAGA may contract with an outside
   50  vendor to conduct the study subject to legislative appropriation
   51  or available resources.
   52         (3)The study must include all of the following
   53  information:
   54         (a)The amount of lead piping at each public facility that
   55  receives state funding.
   56         (b)The effects of lead on the health, growth, and mental
   57  development of persons who use or are employed at public
   58  facilities that receive state funding.
   59         (c)The financial impact on this state due to the effects
   60  of lead on the health, growth, and mental development of persons
   61  who use or are employed at public facilities that receive state
   62  funding.
   63         (d)The cost to this state to maintain the lead pipes
   64  currently used by public facilities that receive state funding,
   65  including pipes that use lead in solder.
   66         (e)The cost for this state to provide point-of-use water
   67  filters certified by the American National Standards Institute
   68  to public facilities that receive state funding to reduce lead
   69  levels in the water.
   70         (4)In conducting the study, OPPAGA shall consult with any
   71  interested entities.
   72         (5)OPPAGA shall submit the study to the Governor, the
   73  President of the Senate, and the Speaker of the House of
   74  Representatives by January 1, 2026.
   75         (6)This section is repealed on June 30, 2026, unless
   76  reviewed and saved from repeal through reenactment by the
   77  Legislature.
   78         Section 2. Subsection (3) of section 403.0673, Florida
   79  Statutes, is amended to read:
   80         403.0673 Water quality improvement grant program.—A grant
   81  program is established within the Department of Environmental
   82  Protection to address wastewater, stormwater, and agricultural
   83  sources of nutrient loading to surface water or groundwater.
   84         (3) The department shall consider and prioritize those
   85  projects that:
   86         (a) Have the maximum estimated reduction in nutrient load
   87  per project;
   88         (b) Demonstrate project readiness;
   89         (c) Are cost-effective;
   90         (d) Have a cost share identified by the applicant, except
   91  for rural areas of opportunity;
   92         (e) Have multiyear project implementation schedules with
   93  previous state commitment and involvement in the project,
   94  considering previously funded phases, the total amount of
   95  previous state funding, and previous partial appropriations for
   96  the proposed project;
   97         (f) Are in a location where reductions are needed most to
   98  attain the water quality standards of a waterbody not attaining
   99  nutrient or nutrient-related standards; or
  100         (g) Were determined eligible in a previous application
  101  cycle and were able to demonstrate project readiness but were
  102  not awarded a grant; or
  103         (h)Are located in any special flood hazard area defined by
  104  the Federal Emergency Management Agency.
  105  
  106  Any project that does not result in reducing nutrient loading to
  107  a waterbody identified in subsection (1) is not eligible for
  108  funding under this section.
  109         Section 3. Harmful algal blooms.—
  110         (1)The Department of Health shall develop:
  111         (a)A training program for health care professionals that
  112  improves the diagnosis, treatment, and reporting of harmful
  113  algal bloom-related illnesses. The training program must contain
  114  separate components to address red tide and blue-green algae.
  115         (b)Guidelines, protocols, and related training programs to
  116  protect the health of persons who regularly work near harmful
  117  algal blooms.
  118         (2)The Fish and Wildlife Conservation Commission shall
  119  consider the work of the Florida Red Tide Mitigation and
  120  Technology Development Initiative to develop a model to be used
  121  in creating a red tide early warning system. The model must be
  122  deployed by July 1, 2027.
  123         (3)(a)By July 1, 2027, the water management districts
  124  shall collaboratively develop, based on the Blue-Green Algae
  125  Task Force Consensus Document #1, dated October 11, 2019, a
  126  comprehensive plan to prevent and mitigate the harmful effects
  127  of blue-green algal blooms. The plan must be submitted to the
  128  President of the Senate, the Speaker of the House of
  129  Representatives, the Minority Leader of the Senate, and the
  130  Minority Leader of the House of Representatives by July 1, 2027.
  131         (b)Once developed, each water management district and each
  132  county and municipality must provide a schedule for implementing
  133  the plan within their jurisdictions. The schedule must include a
  134  completion timeline and anticipated fiscal impacts. A county or
  135  municipality that determines that there are no water bodies
  136  within its jurisdiction which may be impacted by a blue-green
  137  algal outbreak must provide reasons for such determination in a
  138  report to the Fish and Wildlife Conservation Commission by
  139  December 1, 2027.
  140         Section 4. Lake Okeechobee; Upper St. Johns River Basin.—
  141         (1)(a)To protect the northern estuaries, including the
  142  Caloosahatchee and St. Lucie estuaries, the Department of
  143  Agriculture and Consumer Services and the South Florida Water
  144  Management District must continue to work with agricultural
  145  interests to monitor their best management practices (BMPs) to
  146  ensure that total nitrogen levels continue to drop in Lake
  147  Okeechobee. The BMPs north of the lake and the total maximum
  148  daily load (TMDL) for the lake must be reevaluated for accuracy
  149  and effectiveness every 12 months, beginning July 1, 2026, and
  150  may be revised to achieve greater environmental benefit and
  151  improved water quality.
  152         (b)The department and the water management district must
  153  jointly provide a report on any revisions made to the BMPs or
  154  the TMDL to the Governor, the President of the Senate, the
  155  Speaker of the House of Representatives, the Minority Leader of
  156  the Senate, and the Minority Leader of the House of
  157  Representatives every 24 months, beginning July 1, 2028.
  158         (2)(a)The Department of Environmental Protection and the
  159  St. Johns River Water Management District must ensure that the
  160  TMDLs and basin management action plans for the Upper St. Johns
  161  River Basin are monitored and expeditiously implemented. The
  162  TMDLs and basin management action plans must be reevaluated for
  163  accuracy and effectiveness every 12 months, beginning July 1,
  164  2026, and may be revised to achieve greater environmental
  165  benefit and improved water quality.
  166         (b)The department and the water management district must
  167  jointly submit a report on any revisions to the TMDLs or basin
  168  management action plans to the Governor, the Commissioner of
  169  Agriculture, the President of the Senate, the Speaker of the
  170  House of Representatives, the Minority Leader of the Senate, and
  171  the Minority Leader of the House of Representatives every 24
  172  months, beginning July 1, 2028.
  173         Section 5. This act shall take effect upon becoming a law.