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Senate Bill 0444

Senate Bill sb0444c1

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    Florida Senate - 2005                            CS for SB 444

    By the Committee on Environmental Preservation; and Senator
    Dockery




    592-1948A-05

  1                      A bill to be entitled

  2         An act relating to the development of water

  3         supplies; amending s. 201.15, F.S.; providing

  4         for the distribution of certain excise taxes on

  5         documents to the Water Protection and

  6         Sustainability Program Trust Fund of the

  7         Department of Environmental Protection;

  8         creating s. 215.6197, F.S.; establishing the

  9         Water Protection and Sustainability Program;

10         authorizing the issuance of bonds; establishing

11         criteria for distribution of bonds for a

12         specified period; prohibiting the sale of bonds

13         under certain conditions; authorizing the

14         issuance of the water protection and

15         sustainability bonds in the best interest of

16         the state; amending s. 373.196, F.S.;

17         encouraging cooperation in the development of

18         water supplies; providing for alternative water

19         supply development; establishing the primary

20         roles of the water management district in water

21         supply development; establishing the primary

22         roles of local governments, regional water

23         supply authorities, special districts, and

24         publicly owned and privately owned water

25         utilities in water supply development;

26         encouraging municipalities, counties, and

27         special districts to create regional water

28         supply authorities; requiring the Legislature

29         to identify a recurring and dedicated source of

30         statewide funds to provide economic incentives

31         to local water suppliers; requiring that the

                                  1

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1         water management districts develop a plan to

 2         provide economic incentives for alternative

 3         water supply development by January 1, 2006;

 4         requiring that state funds made available for

 5         alternative water supply development be matched

 6         by the entity receiving the funds; requiring

 7         the development of cost-effective alternative

 8         water supplies in areas where traditional

 9         sources of water are inadequate for existing

10         and future uses; requiring that appropriate

11         rate-setting authorities establish a rate

12         structure for all water facilities in a service

13         area that receives financial assistance from

14         the state and a water management district for

15         alternative water supply development; amending

16         s. 373.1961, F.S.; providing general powers and

17         duties of the water management districts in

18         water production; requiring that the water

19         management districts include the amount needed

20         to implement the water supply development

21         projects in each annual budget; establishing

22         general funding criteria for funding assistance

23         to the state or water management districts;

24         establishing economic incentives for

25         alternative water supply development; defining

26         the term "alternative water supplies"; creating

27         a funding formula for the distribution of state

28         funds to the water management districts for

29         alternative water supply development; requiring

30         that funding assistance for alternative water

31         supply development be limited to a percentage

                                  2

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1         of the local capital costs of an approved

 2         project; defining the term "capital costs";

 3         requiring that the alternative water supplies

 4         grants advisory committee recommend alternative

 5         water supply projects for grant funding;

 6         establishing criteria; establishing criteria

 7         for funding assistance for water reuse systems;

 8         amending s. 373.1962, F.S.; clarifying that

 9         counties, municipalities, and special districts

10         may execute interlocal agreements to create

11         regional water supply authorities; amending s.

12         373.223, F.S.; establishing criteria for

13         certain water supply entities to be presumed to

14         have a use consistent with the public interest

15         for requirements for consumptive use

16         permitting; amending s. 373.236, F.S.;

17         providing permits of at least 20 years for

18         development of alternative water supplies under

19         certain conditions; amending s. 373.459, F.S.;

20         requiring that entities receiving state funding

21         for implementation of surface water improvement

22         and management projects provide a 50-percent

23         match of cash or in-kind services;  amending s.

24         373.0361, F.S.; providing for the development

25         of regional water supply plans; providing

26         requirements for the content of each plan;

27         providing for an approval process for the

28         plans; providing for annual updates; providing

29         for local government use of the plans;

30         providing notification requirements for water

31         management districts concerning findings within

                                  3

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1         the plan; changing the deadline for certain

 2         plan updates; amending s. 163.3177, F.S.;

 3         providing that a local government submit a

 4         water supply analysis to the department;

 5         establishing criteria; encouraging

 6         multijurisdictional water supply facilities to

 7         develop alternative water sources; amending s.

 8         163.3180, F.S.; requiring adequate water

 9         supplies to serve new development; amending s.

10         163.3191, F.S.; requiring the evaluation and

11         appraisal report to evaluate water supply

12         sources; amending s. 403.067, F.S.; providing

13         that preliminary allocation of allowable

14         pollutant loads between point and nonpoint

15         sources may be developed as part of a total

16         maximum daily load; establishing criteria for

17         establishing preliminary and final allocations

18         to attain pollutant reductions; authorizing the

19         Department of Environmental Protection to adopt

20         phased total maximum daily loads that establish

21         incremental total maximum daily loads under

22         certain conditions; requiring the development

23         of basin management action plans; requiring

24         that basin management action plans integrate

25         the appropriate management strategies to

26         achieve the total maximum daily loads and the

27         restoration of designated uses; requiring that

28         the plans establish a schedule for implementing

29         management strategies, establish a basis for

30         evaluating the plans' effectiveness, and

31         identify feasible water funding strategies;

                                  4

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1         requiring that a basin management action plan

 2         equitably allocate pollutant reductions to

 3         individual basins; authorizing that plans may

 4         provide pollutant load reduction credits to

 5         dischargers that have implemented strategies to

 6         reduce pollutant loads prior to the development

 7         of the basin management action plan; requiring

 8         that the plan identify mechanisms by which

 9         potential future sources of pollution will be

10         addressed; requiring that the department assure

11         key stakeholder participation in the basin

12         management action planning process; requiring

13         that the department hold at least one public

14         meeting to discuss and receive comments during

15         the planning process; providing notice

16         requirements; requiring that the department

17         adopt all or part of a basin management action

18         plan by secretarial order pursuant to ch. 120,

19         F.S.; requiring that basin management action

20         plans that alter that calculation or

21         preliminary allocation of a total maximum daily

22         load, the revised calculation, or preliminary

23         allocation must be adopted by rule; requiring

24         periodic evaluation of basin management action

25         plans; requiring that revisions to plans be

26         made by the department in cooperation with

27         stakeholders; providing for basin plan

28         revisions regarding nonpoint pollutant sources;

29         authorizing the department's use of additional

30         strategies, including an adopted basin plan, to

31         implement pollutant load reductions; requiring

                                  5

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1         that adopted basin management action plans be

 2         included in subsequent NPDES permits or permit

 3         modifications; providing that implementation of

 4         a total maximum daily load or basin management

 5         action plan for holders of a NPDES municipal

 6         separate storm water sewer system permit may be

 7         achieved through the use of best management

 8         practices; requiring the department to impose

 9         additional pollution-reduction requirements for

10         a pollutant of concern in a NPDES permit until

11         such time as the total maximum daily load or

12         the basin management action plan is revised,

13         the NPDES permit expires, or the NPDES permit

14         holder modifies its discharge; providing that

15         basin management action plans do not relieve a

16         discharger from the requirement to obtain,

17         renew, or modify a NPDES permit or to abide by

18         other requirements of the permit; requiring

19         that plan management strategies be completed

20         pursuant to the schedule set forth in the basin

21         management action plan and providing that the

22         implementation schedule may extend beyond the

23         term of a NPDES permit; providing that

24         management strategies and pollution reduction

25         requirements in a basin management action plan

26         for a specific pollutant of concern are not

27         subject to a challenge under ch. 120, F.S., at

28         the time they are incorporated, in identical

29         form, into a subsequent NPDES permit or permit

30         modification; requiring timely adoption and

31         implementation of pollutant reduction actions

                                  6

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1         for nonagricultural pollutant sources not

 2         subject to NPDES permitting but regulated

 3         pursuant to other state, regional, or local

 4         regulatory programs; requiring timely

 5         implementation of best management practices for

 6         agricultural or nonagricultural nonpoint

 7         pollutant source dischargers not subject to

 8         permitting at the time a basin management

 9         action plan is adopted; providing an exemption;

10         providing for presumption of compliance under

11         certain circumstances; providing for

12         enforcement action by the department or a water

13         management district; requiring that a

14         landowner, discharger, or other responsible

15         person that is implementing management

16         strategies specified in an adopted basin

17         management action plan will not be required by

18         permit, enforcement action, or otherwise to

19         implement additional management strategies to

20         reduce pollutant loads; providing that the

21         authority of the department to amend a basin

22         management plan is not limited; requiring that

23         the department verify at representative sites

24         the effectiveness of interim measures, best

25         management practices, and other measures

26         adopted by rule; requiring that the department

27         use its best professional judgment in making

28         initial verifications that best management

29         practices are not effective; requiring notice

30         to the appropriate water management district or

31         the Department of Agriculture and Consumer

                                  7

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1         Services under certain conditions; establishing

 2         a presumption of compliance for implementation

 3         of practices initially verified to be effective

 4         or verified to be effective at representative

 5         sites; limiting the institution of proceedings

 6         by the department against the owner of a source

 7         of pollution to recover costs or damages

 8         associated with the contamination of surface or

 9         ground water caused by those pollutants;

10         requiring the Department of Agriculture and

11         Consumer Services to institute a reevaluation

12         of best management practices or other measures

13         where water quality problems are detected or

14         predicted during the development or amendment

15         of a basin management action plan; providing

16         for rule revisions; providing the department

17         with rulemaking authority; requiring that a

18         report be submitted to the Governor, the

19         President of the Senate, and the Speaker of the

20         House of Representatives containing

21         recommendations on rules for pollutant trading

22         prior to the adoption of those rules; requiring

23         that recommendations be adopted in cooperation

24         with a technical advisory committee containing

25         experts in pollutant trading and

26         representatives of potentially affected

27         parties; deleting a requirement that no

28         pollutant trading program shall become

29         effective prior to review and ratification by

30         the Legislature; amending ss. 373.4595 and

31         570.085, F.S.; correcting cross-references;

                                  8

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1         amending s. 403.885, F.S.; revising

 2         requirements relating to the department's grant

 3         program for water quality improvement and water

 4         restoration project grants; eliminating grants

 5         for water quality improvement, water

 6         management, and drinking water projects;

 7         authorizing grants for wastewater management;

 8         creating additional criteria for funding storm

 9         water grants; requiring local matching funds;

10         providing an exception from matching fund

11         requirements for financially disadvantaged

12         small local governments; creating s. 403.890,

13         F.S.; establishing the Water Protection and

14         Sustainability Funding Program; establishing a

15         funding formula for the distribution of

16         revenues generated by the bonding provisions as

17         provided in s. 215.6197, F.S.; establishing

18         funding for alternative water supply

19         development as provided in s. 373.1961, F.S.,

20         the development and implementation of total

21         maximum daily load projects as provided in s.

22         403.067, F.S., surface water improvement and

23         management plans and programs as provided in

24         ss. 373.451 and 373.459, F.S., the Clean Water

25         State Revolving Loan Grants Program as provided

26         in s. 403.1835, F.S., the Drinking Water State

27         Revolving Loan Grant Program as provided in s.

28         403.8532, F.S., and the Disadvantaged Small

29         Community Wastewater Grant Program as provided

30         in s. 403.1838, F.S.; providing an effective

31         date.

                                  9

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Paragraph (d) of subsection (1) and

 4  subsections (6) and (8) of section 201.15, Florida Statutes,

 5  are amended to read:

 6         201.15  Distribution of taxes collected.--All taxes

 7  collected under this chapter shall be distributed as follows

 8  and shall be subject to the service charge imposed in s.

 9  215.20(1), except that such service charge shall not be levied

10  against any portion of taxes pledged to debt service on bonds

11  to the extent that the amount of the service charge is

12  required to pay any amounts relating to the bonds:

13         (1)

14         (d)  The remainder of the moneys distributed under this

15  subsection, after the required payments under paragraphs (a),

16  (b), and (c), shall be paid into the State Treasury to the

17  credit of the General Revenue Fund of the state to be used and

18  expended for the purposes for which the General Revenue Fund

19  was created and exists by law or to the Ecosystem Management

20  and Restoration Trust Fund or to the Marine Resources

21  Conservation Trust Fund as provided in subsection (11), or to

22  the Water Protection and Sustainability Program Trust Fund of

23  the Department of Environmental Protection as provided in s.

24  215.6197. Moneys available under this paragraph shall first be

25  used to pay debt service due on any water protection and

26  sustainability bonds or to make any other payments required by

27  the bond documents authorizing the issuance before such moneys

28  are used for other purposes authorized by this paragraph.

29         (6)  Two and seventy-eight twenty-eight hundredths

30  percent of the remaining taxes collected under this chapter

31  shall be paid into the State Treasury to the credit of the

                                  10

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1  Invasive Plant Control Trust Fund to carry out the purposes

 2  set forth in ss. 369.22 and 369.252.

 3         (8)  Each fiscal year the Legislature, to the extent

 4  practicable, should use nonrecurring revenue sources in lieu

 5  of issuing bonds pursuant to this section. One-half of one

 6  percent of the remaining taxes collected under this chapter

 7  shall be paid into the State Treasury and divided equally to

 8  the credit of the Department of Environmental Protection Water

 9  Quality Assurance Trust Fund to address water quality impacts

10  associated with nonagricultural nonpoint sources and to the

11  credit of the Department of Agriculture and Consumer Services

12  General Inspection Trust Fund to address water quality impacts

13  associated with agricultural nonpoint sources, respectively.

14  These funds shall be used for research, development,

15  demonstration, and implementation of suitable best management

16  practices or other measures used to achieve water quality

17  standards in surface waters and water segments identified

18  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No.

19  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

20  management practices and other measures may include cost-share

21  grants, technical assistance, implementation tracking, and

22  conservation leases or other agreements for water quality

23  improvement. The Department of Environmental Protection and

24  the Department of Agriculture and Consumer Services may adopt

25  rules governing the distribution of funds for implementation

26  of best management practices. The unobligated balance of funds

27  received from the distribution of taxes collected under this

28  chapter to address water quality impacts associated with

29  nonagricultural nonpoint sources will be excluded when

30  calculating the unobligated balance of the Water Quality

31  

                                  11

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1  Assurance Trust Fund as it relates to the determination of the

 2  applicable excise tax rate.

 3         Section 2.  Section 215.6197, Florida Statutes, is

 4  created to read:

 5         215.6197  Bonds for Water Protection and Sustainability

 6  Program.--

 7         (1)  The issuance of water protection and

 8  sustainability bonds is authorized. The water protection and

 9  sustainability bonds may be issued over the next 10 fiscal

10  years commencing on July 1, 2005, in an amount not exceeding

11  $500 million in any fiscal year, subject to s. 403.890 and s.

12  11(e), Art. VII of the State Constitution. The duration of

13  each series of bonds issued may not exceed 20 annual

14  maturities. Except for refunding bonds, a series of bonds may

15  not be issued unless an amount equal to the debt service

16  coming due in the year of issuance has been specifically

17  appropriated in the General Appropriations Act.

18         (2)  The state covenants with the holders of water

19  protection and sustainability bonds that it will not take any

20  action that will materially and adversely affect the rights of

21  such holders so long as the bonds are outstanding, including,

22  but not limited to, a reduction in the portion of documentary

23  stamp taxes distributable to the Water Protection and

24  Sustainability Program Trust Fund of the Department of

25  Environmental Protection for payment of debt service.

26         (3)  Bonds issued under this section shall be payable

27  from taxes distributable to the Water Protection and

28  Sustainability Program Trust Fund of the Department of

29  Environmental Protection under s. 201.15(1)(d). Bonds issued

30  under this section do not constitute a general obligation of,

31  or a pledge of the full faith and credit of, the state.

                                  12

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    Florida Senate - 2005                            CS for SB 444
    592-1948A-05




 1         (4)  The Department of Environmental Protection shall

 2  request the Division of Bond Finance of the State Board of

 3  Administration to issue the water protection and

 4  sustainability bonds authorized by this section. The Division

 5  of Bond Finance shall issue such bonds pursuant to the State

 6  Bond Act.

 7         (5)  The proceeds from the sale of bonds issued under

 8  this section, less the costs of issuance, the costs of funding

 9  reserve accounts, and other costs with respect to the bonds

10  shall be deposited into the Water Protection and

11  Sustainability Program Trust Fund of the Department of

12  Environmental Protection as provided in s. 403.890.

13         (6)  The sale, disposition, lease, easement, license,

14  or other use of any land, water areas, or related property

15  interests acquired or improved with proceeds of water

16  protection and sustainability bonds which would cause all or

17  any portion of the interest of such bonds to lose the

18  exclusion from gross income for federal income tax purposes is

19  prohibited.

20         (7)  The initial series of water protection and

21  sustainability bonds shall be validated in addition to any

22  other bonds required to be validated under s. 215.82. Any

23  complaint for validation of bonds issued under this section

24  shall be filed only in the circuit court of the county where

25  the seat of state government is situated, the notice required

26  to be published by s. 75.06 shall be published only in the

27  county where the complaint is filed, and the complaint and

28  order of the circuit court shall be served only on the state

29  attorney of the circuit in which the action is pending.

30         Section 3.  In accordance with section 215.98(1),

31  Florida Statutes, the Legislature determines that the issuance

                                  13

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    Florida Senate - 2005                            CS for SB 444
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 1  of water protection and sustainability bonds under section 2

 2  of this act is in the best interest of the state and should be

 3  implemented.

 4         Section 4.  Section 373.196, Florida Statutes, is

 5  amended to read:

 6         373.196  Water supply development; alternative water

 7  supply development Legislative findings.--

 8         (1)  The purpose of this section is to encourage

 9  cooperation in the development of water supplies and to

10  provide for alternative water supply development.

11         (a)  Demands on natural supplies of fresh water to meet

12  the needs of a rapidly growing population, and the needs of

13  the environment, agriculture, industry, and mining will

14  continue to increase.

15         (b)  There is a need for the development of alternative

16  water supplies for Florida to sustain its economic growth and

17  viability. The development of alternative water supplies will

18  benefit the environment by reducing the impacts of consumptive

19  uses on traditional groundwater sources.

20         (c)  Alternative water supply development must receive

21  priority funding attention to increase the available supplies

22  of water to meet all existing and future reasonable-beneficial

23  uses and to benefit the natural systems.

24         (d)  Cooperation between counties, municipalities,

25  special districts, and publicly owned or privately owned water

26  utilities in the development of countywide and multicountywide

27  alternative water supply projects will allow for necessary

28  economies of scale and efficiencies to be achieved in order to

29  accelerate the development of new, dependable, and sustainable

30  alternative water supplies.

31  

                                  14

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    Florida Senate - 2005                            CS for SB 444
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 1         (e)  It is in the public interest that municipal,

 2  industrial, agricultural, and other public and private water

 3  users, the Department of Environmental Protection, and the

 4  water management districts cooperate and work together in the

 5  development of alternative water supplies to avoid the adverse

 6  effects of competition for limited supplies of water. Public

 7  moneys or services provided to private entities for

 8  alternative water supply development may constitute public

 9  purposes that also are in the public interest.

10         (f)  The primary roles of the water management

11  districts in water supply development are:

12         1.  The formulation, development, and implementation of

13  regional water supply management strategies and programs;

14         2.  The collection and evaluation of surface water and

15  groundwater data;

16         3.  The construction, operation, and maintenance of

17  major public works facilities for flood control, aboveground

18  and belowground water storage, and groundwater recharge

19  augmentation;

20         4.  Planning for regional water supply development in

21  conjunction with local governments, regional water supply

22  authorities, special districts, and publicly owned and

23  privately owned water utilities;

24         5.  The construction, operation, and maintenance of

25  structural and nonstructural projects; and

26         6.  The provision of technical and financial assistance

27  to local and regional water utilities for alternative water

28  supply projects.

29         (g)  The primary roles of local government, regional

30  water supply authorities, special districts, and publicly

31  

                                  15

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 1  owned or privately owned water utilities in water supply

 2  development shall be:

 3         1.  The planning, design, construction, operation, and

 4  maintenance of water supply development projects, including

 5  alternative water supply development projects;

 6         2.  The formulation, development, and implementation of

 7  water supply development and alternative water supply

 8  development strategies, programs, and projects;

 9         3.  The planning, design, construction, operation, and

10  maintenance of facilities to collect, divert, produce, treat,

11  transmit, and distribute water for sale, resale, or end use;

12  and

13         4.  The coordination of water supply development and

14  alternative water supply development activities with the

15  appropriate water management district having jurisdiction over

16  the activity.

17         (h)  It is the finding of the Legislature that

18  Cooperative efforts between municipalities, counties, special

19  districts, water management districts, and the Department of

20  Environmental Protection are mandatory in order to meet the

21  water needs of rapidly urbanizing areas in a manner which will

22  supply adequate and dependable supplies of water where needed

23  without resulting in adverse effects upon the areas from

24  whence such water is withdrawn. Such efforts should utilize

25  all practical means of obtaining water, including, but not

26  limited to, withdrawals of surface water and groundwater,

27  reuse recycling of waste water, and desalinization, and will

28  necessitate not only cooperation but also well-coordinated

29  activities. Municipalities, counties, and special districts

30  are encouraged to create regional water supply authorities as

31  authorized in s. 373.1962. The purpose of this act is to

                                  16

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 1  provide additional statutory authority for such cooperative

 2  and coordinated efforts.

 3         (2)  Municipalities and counties are encouraged to

 4  create regional water supply authorities as authorized herein.

 5  It is further the intent that municipalities, counties, and

 6  regional water supply authorities are to have the primary

 7  responsibility for water supply, and water management

 8  districts and their basin boards are to engage only in those

 9  functions that are incidental to the exercise of their flood

10  control and water management powers or that are related to

11  water resource development pursuant to s. 373.0831.

12         (i)(3)  Nothing herein shall be construed to preclude

13  the various special districts, municipalities, and counties

14  from continuing to operate existing water production and

15  transmission facilities or to enter into cooperative

16  agreements with other special districts, municipalities, and

17  counties for the purpose of meeting their respective needs for

18  dependable and adequate supplies of water, provided the

19  obtaining of water through such operations shall not be done

20  in a manner which results in adverse effects upon the areas

21  from whence such water is withdrawn.

22         (2)(a)  Sufficient water must be available for all

23  existing and future reasonable-beneficial uses and the natural

24  systems, and the adverse effects of competition for water

25  supplies must be avoided.

26         (b)  Water supply development and alternative water

27  supply development must be conducted in coordination with

28  water management district regional water supply planning.

29         (c)  Funding for the development of alternative water

30  supplies shall be a shared responsibility of the state of

31  Florida, the water management districts and local water

                                  17

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    Florida Senate - 2005                            CS for SB 444
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 1  suppliers. The development of alternative water supplies will

 2  benefit both water consumers and the environment and will

 3  avoid the negative impacts of competition for a limited

 4  resource.

 5         (3)(a)  The Legislature shall identify a recurring and

 6  dedicated source of statewide funds to provide economic

 7  incentives to water management districts and local water

 8  suppliers to support and promote water supply development

 9  including the development of alternative water supplies. As

10  used in this section, the term "local water suppliers" means a

11  municipality, county, special district, water supply

12  authority, and a publicly owned or privately owned water

13  utility.

14         (b)  By January 1, 2006, each water management district

15  shall develop a financially feasible plan to provide economic

16  incentives for alternative water supply development, including

17  allocating a portion of each annual budget to provide

18  financial assistance for the capital cost of any alternative

19  water supply development project to eligible local

20  governments, publicly owned or privately owned water

21  utilities, regional water supply authorities, special

22  districts, industrial and agricultural water users, and other

23  public and private water users. At a minimum, the plan shall

24  include a strategy for providing, on an annual basis, no less

25  than 30 percent of the water management district's allocation

26  pursuant to s. 373.1961. By February 1, 2006, each water

27  management district must submit a copy of the economic

28  incentives plan to the Governor, the President of the Senate,

29  the Speaker of the House of Representatives, and the

30  appropriate substantive legislative committees.

31  

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 1         (c)  State funds made available for alternative water

 2  supply development as provided in the Water Protection and

 3  Sustainability Funding program created in s. 403.890 and

 4  financial assistance for alternative water supply development

 5  provided by a water management district pursuant to paragraph

 6  (b) shall be made available to local governments, publicly

 7  owned or privately owned water utilities, regional water

 8  supply authorities, special districts, industrial and

 9  agricultural water users, and other public and private water

10  users under a water management district grant program created

11  in s. 373.1961(4).

12         Section 5.  Section 373.1961, Florida Statutes, is

13  amended to read:

14         373.1961  Water production; general powers and duties;

15  identification of needs; funding criteria; economic

16  incentives; reuse funding.--

17         (1)  GENERAL POWERS AND DUTIES.--In the performance of,

18  and in conjunction with, its other powers and duties, the

19  governing board of a water management district existing

20  pursuant to this chapter:

21         (a)  Shall engage in planning to assist counties,

22  municipalities, special districts, publicly owned and

23  privately owned water private utilities, or regional water

24  supply authorities in meeting water supply needs in such

25  manner as will give priority to encouraging conservation and

26  reducing adverse environmental effects of improper or

27  excessive withdrawals of water from concentrated areas.  As

28  used in this section and s. 373.196, regional water supply

29  authorities are regional water authorities created under s.

30  373.1962 or other laws of this state.

31  

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 1         (b)  Shall assist counties, municipalities, special

 2  districts, publicly owned or privately owned water private

 3  utilities, or regional water supply authorities in meeting

 4  water supply needs in such manner as will give priority to

 5  encouraging conservation and reducing adverse environmental

 6  effects of improper or excessive withdrawals of water from

 7  concentrated areas.

 8         (c)  May establish, design, construct, operate, and

 9  maintain water production and transmission facilities for the

10  purpose of supplying water to counties, municipalities,

11  special districts, publicly owned and privately owned water

12  private utilities, or regional water supply authorities.  The

13  permit required by part II of this chapter for a water

14  management district engaged in water production and

15  transmission shall be granted, denied, or granted with

16  conditions by the department.

17         (d)  Shall not engage in local water supply

18  distribution.

19         (e)  Shall not deprive, directly or indirectly, any

20  county wherein water is withdrawn of the prior right to the

21  reasonable and beneficial use of water which is required to

22  supply adequately the reasonable and beneficial needs of the

23  county or any of the inhabitants or property owners therein.

24         (f)  May provide water and financial assistance to

25  regional water supply authorities, but may not provide water

26  to counties and municipalities which are located within the

27  area of such authority without the specific approval of the

28  authority or, in the event of the authority's disapproval, the

29  approval of the Governor and Cabinet sitting as the Land and

30  Water Adjudicatory Commission.  The district may supply water

31  at rates and upon terms mutually agreed to by the parties or,

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 1  if they do not agree, as set by the governing board and

 2  specifically approved by the Governor and Cabinet sitting as

 3  the Land and Water Adjudicatory Commission.

 4         (g)  May acquire title to such interest as is necessary

 5  in real property, by purchase, gift, devise, lease, eminent

 6  domain, or otherwise, for water production and transmission

 7  consistent with this section and s. 373.196. However, the

 8  district shall not use any of the eminent domain powers herein

 9  granted to acquire water and water rights already devoted to

10  reasonable and beneficial use or any water production or

11  transmission facilities owned by any county, municipality,

12  special districts, or regional water supply authority.  The

13  district may exercise eminent domain powers outside of its

14  district boundaries for the acquisition of pumpage facilities,

15  storage areas, transmission facilities, and the normal

16  appurtenances thereto, provided that at least 45 days prior to

17  the exercise of eminent domain, the district notifies the

18  district where the property is located after public notice and

19  the district where the property is located does not object

20  within 45 days after notification of such exercise of eminent

21  domain authority.

22         (h)  In addition to the power to issue revenue bonds

23  pursuant to s. 373.584, may issue revenue bonds for the

24  purposes of paying the costs and expenses incurred in carrying

25  out the purposes of this chapter or refunding obligations of

26  the district issued pursuant to this section.  Such revenue

27  bonds shall be secured by, and be payable from, revenues

28  derived from the operation, lease, or use of its water

29  production and transmission facilities and other water-related

30  facilities and from the sale of water or services relating

31  thereto. Such revenue bonds may not be secured by, or be

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 1  payable from, moneys derived by the district from the Water

 2  Management Lands Trust Fund or from ad valorem taxes received

 3  by the district. All provisions of s. 373.584 relating to the

 4  issuance of revenue bonds which are not inconsistent with this

 5  section shall apply to the issuance of revenue bonds pursuant

 6  to this section.  The district may also issue bond

 7  anticipation notes in accordance with the provisions of s.

 8  373.584.

 9         (i)  May join with one or more other water management

10  districts, counties, municipalities, special districts,

11  publicly owned or privately owned water private utilities, or

12  regional water supply authorities for the purpose of carrying

13  out any of its powers, and may contract with such other

14  entities to finance acquisitions, construction, operation, and

15  maintenance.  The contract may provide for contributions to be

16  made by each party thereto, for the division and apportionment

17  of the expenses of acquisitions, construction, operation, and

18  maintenance, and for the division and apportionment of the

19  benefits, services, and products therefrom. The contracts may

20  contain other covenants and agreements necessary and

21  appropriate to accomplish their purposes.

22         (2)  IDENTIFICATION OF WATER SUPPLY NEEDS IN DISTRICT

23  BUDGET.--The water management districts shall implement water

24  supply development responsibilities as expeditiously as

25  possible in areas subject to regional water supply plans. Each

26  district's governing board shall include in its annual budget

27  the amount needed for the fiscal year to implement water

28  supply development projects, as prioritized in its regional

29  water supply plans.

30         (3)  GENERAL FUNDING CRITERIA FOR WATER SUPPLY

31  DEVELOPMENT PROJECTS.--Water supply development projects

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 1  identified pursuant to s. 373.0361(2)(a) which receive state

 2  or water management district funding assistance shall meet one

 3  or more of the following criteria:

 4         (a)  The project supports establishment of a

 5  dependable, sustainable supply of water but requires funding

 6  assistance to be financially feasible;

 7         (b)  The project provides substantial environmental

 8  benefits by limiting or preventing adverse water resource

 9  impacts, but requires funding assistance to be economically

10  competitive with other options;

11         (c)  The project significantly implements or develops

12  alternative water supplies as defined in paragraph (4)(a) or

13  conservation of water in a manner that contributes to the

14  sustainability of regional water sources; or

15         (d)  The project assists in the replenishment of

16  existing sources to help implement a minimum flow or level or

17  water reservation established pursuant to s. 373.223(4) or

18  provides for an alternative water supply source.

19         (4)  FUNDING.--(2)  The Legislature finds that, due to

20  a combination of factors, vastly increased demands have been

21  placed on natural supplies of fresh water, and that, absent

22  increased development of alternative water supplies, such

23  demands may increase in the future. The Legislature also finds

24  that potential exists in the state for the production of

25  significant quantities of alternative water supplies,

26  including reclaimed water, and that water production includes

27  the development of alternative water supplies, including

28  reclaimed water, for appropriate uses. It is the intent of the

29  Legislature that utilities develop reclaimed water systems,

30  where reclaimed water is the most appropriate alternative

31  water supply option, to deliver reclaimed water to as many

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 1  users as possible through the most cost-effective means, and

 2  to construct reclaimed water system infrastructure to their

 3  owned or operated properties and facilities where they have

 4  reclamation capability. It is also the intent of the

 5  Legislature that The water management districts and the state

 6  shall which levy ad valorem taxes for water management

 7  purposes should share a percentage of those tax and other

 8  revenues with water providers and users, including local

 9  governments, water, wastewater, and reuse utilities,

10  municipal, special district, industrial, and agricultural

11  water users, and other public and private water users, to be

12  used to supplement other funding sources in the development of

13  alternative water supplies. The Legislature finds that public

14  moneys or services provided to private entities for such uses

15  constitute public purposes which are in the public interest.

16  In order to further the development and use of alternative

17  water supply systems, including reclaimed water systems, the

18  Legislature provides the following:

19         (a)  For the purposes of this subsection, the term

20  "alternative water supplies" includes, but is not limited to,

21  water that has been reclaimed after one or more public supply,

22  municipal, industrial, commercial, or agricultural uses;

23  stormwater, brackish water, or saltwater; sources made more

24  efficient through the interconnection of separate utility and

25  other water supply systems; sources made available through

26  enhanced storage capacity such as groundwater augmentation,

27  aquifer storage and recovery, and surface water reservoirs;

28  and any other nontraditional source of water supply that has

29  been treated in accordance with applicable rules and standards

30  sufficient to meet the intended use.

31  

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 1         (b)  Where sufficient data establishes that one or more

 2  alternative water supply projects are necessary to meet the

 3  existing and future reasonable-beneficial uses within a water

 4  supply planning region identified in a district water

 5  management plan, the district must:

 6         1.  Identify alternative water supply project options;

 7         2.  Quantify the sources of alternative water supplies

 8  which can be made available by the projects within the

 9  planning region;

10         3.  Perform an assessment of the alternative water

11  supply project's technical feasibility, ability to be

12  permitted, and the estimated cost of the various project

13  options for developing alternative water supplies; and

14         4.  Conduct one or more public workshops within the

15  water supply planning region for the purpose of receiving

16  public input on the district's findings and recommendations.

17         (c)  Beginning in fiscal year 2005-2006, the state

18  shall annually provide a portion of those revenues received

19  from the sale of bonds authorized in s. 215.6197 for the

20  purpose of providing funding for the development of

21  alternative water supplies.  At the beginning of each fiscal

22  year, beginning with fiscal year 2005-2006, such revenues

23  shall be distributed by the department into the alternative

24  water supply trust fund accounts created by each district for

25  the purpose of alternative supply development under the

26  following funding formula:

27         1.  Forty percent to the South Florida Water Management

28  District,

29         2.  Twenty-five percent to the Southwest Florida Water

30  Management District,

31  

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 1         3.  Twenty-five percent to the St. Johns River Water

 2  Management District,

 3         4.  Five percent to the Suwannee River Water Management

 4  District, and

 5         5.  Five percent to the Northwest Florida Water

 6  Management District.

 7         (d)  The financial assistance for alternative water

 8  supply development contained in each district's economic

 9  incentives plan as required in s. 373.196(3) shall be

10  deposited along with the state funds into an alternative water

11  supply trust account created by each district and used to fund

12  the local capital costs of alternative water supply projects

13  approved pursuant to this section. For purposes of this

14  section, the term "capital costs" means planning, design,

15  engineering, and project construction costs, as well as legal,

16  administrative, and permitting costs.

17         (e)  All funds provided by the state for the purpose of

18  funding alternative water supply grants, shall, at a minimum,

19  require a 50-percent match by the water management districts

20  and grant applicant.

21         (a)  The governing boards of the water management

22  districts where water resource caution areas have been

23  designated shall include in their annual budgets an amount for

24  the development of alternative water supply systems, including

25  reclaimed water systems, pursuant to the requirements of this

26  subsection. Beginning in 1996, such amounts shall be made

27  available to water providers and users no later than December

28  31 of each year, through grants, matching grants, revolving

29  loans, or the use of district lands or facilities pursuant to

30  the requirements of this subsection and guidelines established

31  

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 1  by the districts.  In making grants or loans, funding priority

 2  must be given to projects in accordance with s. 373.0831(4).

 3         (f)  Without diminishing amounts available through

 4  other means described in this paragraph, the governing boards

 5  are encouraged to consider establishing revolving loan funds

 6  to expand the total funds available to accomplish the

 7  objectives of this section. A revolving loan fund created

 8  under this paragraph must be a nonlapsing fund from which the

 9  water management district may make loans with interest rates

10  below prevailing market rates to public or private entities

11  for the purposes described in this section. The governing

12  board may adopt resolutions to establish revolving loan funds

13  which must specify the details of the administration of the

14  fund, the procedures for applying for loans from the fund, the

15  criteria for awarding loans from the fund, the initial

16  capitalization of the fund, and the goals for future

17  capitalization of the fund in subsequent budget years.

18  Revolving loan funds created under this paragraph must be used

19  to expand the total sums and sources of cooperative funding

20  available for the development of alternative water supplies.

21  The Legislature does not intend for the creation of revolving

22  loan funds to supplant or otherwise reduce existing sources or

23  amounts of funds currently available through other means.

24         (g)  For each utility that receives financial

25  assistance from the state or a water management district for

26  alternative water supply development projects, the appropriate

27  rate-setting authority must develop rate structures for all

28  water, wastewater, and other alternative water facilities in

29  the service area of the utility receiving assistance. Rate

30  structures must:

31  

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 1         1.  Promote the development of alternative water supply

 2  systems;

 3         2.  Promote the conservation of groundwater withdrawn

 4  from natural systems;

 5         3.  Appropriately distribute costs among all the users

 6  of water, wastewater, and alternative water supplies within

 7  the service area; and

 8         4.  Prohibit rate discrimination within classes of

 9  utility users.

10         (b)  It is the intent of the Legislature that for each

11  reclaimed water utility, or any other utility, which receives

12  funds pursuant to this subsection, the appropriate

13  rate-setting authorities should develop rate structures for

14  all water, wastewater, and reclaimed water and other

15  alternative water supply utilities in the service area of the

16  funded utility, which accomplish the following:

17         1.  Provide meaningful progress toward the development

18  and implementation of alternative water supply systems,

19  including reclaimed water systems;

20         2.  Promote the conservation of fresh water withdrawn

21  from natural systems;

22         3.  Provide for an appropriate distribution of costs

23  for all water, wastewater, and alternative water supply

24  utilities, including reclaimed water utilities, among all of

25  the users of those utilities; and

26         4.  Prohibit rate discrimination within classes of

27  utility users.

28         (c)  Funding assistance provided by the water

29  management districts for a water reuse system project may

30  include the following grant or loan conditions for that

31  

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 1  project if the water management district determines that such

 2  conditions will encourage water use efficiency:

 3         1.  Metering of reclaimed water use for the following

 4  activities: residential irrigation, agricultural irrigation,

 5  industrial uses except for electric utilities as defined in s.

 6  366.02(2), landscape irrigation, irrigation of other public

 7  access areas, commercial and institutional uses such as toilet

 8  flushing, and transfers to other reclaimed water utilities.

 9         2.  Implementation of reclaimed water rate structures

10  based on actual use of reclaimed water for the types of reuse

11  activities listed in subparagraph 1.

12         3.  Implementation of education programs to inform the

13  public about water issues, water conservation, and the

14  importance and proper use of reclaimed water.

15         4.  Development of location data for key reuse

16  facilities.

17         (d)  In order to be eligible for funding pursuant to

18  this subsection, a project must be consistent with a local

19  government comprehensive plan and the governing body of the

20  local government must require all appropriate new facilities

21  within the project's service area to connect to and use the

22  project's alternative water supplies. The appropriate local

23  government must provide written notification to the

24  appropriate district that the proposed project is consistent

25  with the local government comprehensive plan.

26         (h)(e)  Any and all revenues disbursed pursuant to this

27  subsection shall be applied only for the payment of capital

28  costs for alternative water supply projects, which contribute

29  to meeting the existing and future reasonable-beneficial uses,

30  and which are identified or listed within a regional water

31  supply plan pursuant to s. 373.0361(2)(a) or infrastructure

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 1  costs for the construction of alternative water supply systems

 2  that provide alternative water supplies.

 3         (i)1.(f)  By January 1 of each year, The governing

 4  boards shall establish an application process and a deadline

 5  for filing applications annually make available written

 6  guidelines for the disbursal of revenues pursuant to this

 7  subsection. Such guidelines shall include at minimum:

 8         1.  An application process and a deadline for filing

 9  applications annually.

10         2.  A process for determining project eligibility

11  pursuant to the requirements of paragraphs (d) and (e).

12         3.  A process and criteria for funding projects

13  pursuant to this subsection that cross district boundaries or

14  that serve more than one district.

15         2.(g)  The governing board of each water management

16  district shall also establish an alternative water supplies

17  grants advisory committee to recommend to the governing board

18  projects for funding pursuant to this subsection. The advisory

19  committee members shall include, but not be limited to, one or

20  more representatives of county, municipal, special district,

21  and investor-owned private utilities, and may include, but not

22  be limited to, representatives of agricultural interests and

23  environmental interests. Each committee member shall represent

24  his or her interest group as a whole and shall not represent

25  any specific entity. The committee shall apply the guidelines

26  and project eligibility criteria established by the governing

27  board in reviewing proposed projects.

28         (j)  After one or more hearings to solicit public input

29  on eligible projects, the alternative water supply grants

30  advisory committee shall rank and recommend alternative water

31  supply projects for grant funding based upon the project being

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 1  identified or listed as an option in the regional water supply

 2  plan pursuant to s. 373.0361(2)(a) and by balancing the

 3  following criteria:

 4         1.  Projects that are most cost-effective;

 5         2.  Projects serving a larger number of local

 6  governments pursuant to the terms of an interlocal agreement,

 7  especially those projects that interconnect separate utility

 8  systems, share a uniform production cost and a uniform per

 9  gallon or blended wholesale rate, or otherwise result in the

10  most cost-effective system of production for the most users

11  whereby the cost of the water produced to service a number of

12  local providers is less than the costs incurred by producing

13  water through separate supply systems for separate local

14  providers;

15         3.  Projects where local governments match a higher

16  percentage of the capital costs of the projects;

17         4.  Projects serving those local governments with the

18  lower per capita use of potable water;

19         5.  Projects that reduce the consumption of traditional

20  supplies for the benefit of the natural system or other

21  economic uses;

22         6.  Projects that supplement an existing supply or

23  traditional source that has been reduced for existing and

24  future reasonable-beneficial uses by the adoption of a minimum

25  flow or level pursuant to s. 373.042 or a water reservation

26  established pursuant to s. 373.223(4);

27         7.  Projects that reduce competition between existing

28  and future users;

29         8.  Projects that are included in a county-wide or

30  geographically larger water supply development plan; and

31  

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 1         9.  Projects where the applicant has established a

 2  goal-based water conservation program as required in s.

 3  373.227 and is demonstrating measurable progress towards

 4  achieving conservation goals.

 5         10.  Projects in which the construction and delivery to

 6  end users of reuse water is a major component.

 7         (k)  Each applicant for a grant pursuant to this

 8  section shall provide data that shows the percentage of water

 9  system utility revenues reinvested into water projects. The

10  advisory committee shall give priority to those applicants

11  that have the highest percentage of reinvestment.

12  

13  The advisory committee shall submit the list of ranked and

14  recommended projects, along with a recommendation for the

15  amount of funding, for final funding approval to the governing

16  board and to be included in the district's annual budget

17  supporting the development of alternative water supplies. The

18  list of ranked and recommended projects may contain more

19  projects than available grant moneys will fund. In approving a

20  project for funding, the governing board must take action on

21  and give great weight to the advisory committee's ranking and

22  recommendation list. the eligible projects and shall submit

23  them to the governing board for final funding approval. The

24  advisory committee may submit to the governing board more

25  projects than the available grant money would fund.

26         (l)(h)  All revenues made available annually pursuant

27  to this subsection must be encumbered annually by the

28  governing board if it approves projects sufficient to expend

29  the available revenues. Funds must be disbursed within 36

30  months after encumbrance.

31  

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 1         (i)  For purposes of this subsection, alternative water

 2  supplies are supplies of water that have been reclaimed after

 3  one or more public supply, municipal, industrial, commercial,

 4  or agricultural uses, or are supplies of stormwater, or

 5  brackish or salt water, that have been treated in accordance

 6  with applicable rules and standards sufficient to supply the

 7  intended use.

 8         (m)(j)  This subsection shall not be subject to the

 9  rulemaking requirements of chapter 120.

10         (n)(k)  By January 30 of each year, each water

11  management district shall submit an annual report to the

12  Governor, the President of the Senate, and the Speaker of the

13  House of Representatives which accounts for the disbursal of

14  all budgeted amounts pursuant to this section subsection. Such

15  report shall describe all alternative water supply projects

16  funded as well as the quantity of new water projects to be

17  created as a result of such projects and shall account

18  separately for any other moneys provided through grants,

19  matching grants, revolving loans, and the use of district

20  lands or facilities to implement regional water supply plans.

21         (o)(l)  The Florida Public Service Commission shall

22  allow entities under its jurisdiction constructing or

23  participating in constructing facilities that provide

24  alternative water supplies supply facilities, including but

25  not limited to aquifer storage and recovery wells, to recover

26  the full, prudently incurred cost of such facilities through

27  their rate structure. If construction of a facility or

28  participating in constructing is pursuant to or in furtherance

29  of a regional water supply plan, the cost shall be deemed to

30  be prudently incurred. Every component of an alternative water

31  

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 1  supply facility constructed by an investor-owned utility shall

 2  be recovered in current rates.

 3         (5)  FUNDING FOR REUSE.--Funding assistance provided by

 4  the water management districts for a water reuse system may

 5  include the following grant or loan conditions for that

 6  project if a water management district determines that such

 7  conditions will encourage water use efficiency:

 8         (a)  Metering of reclaimed water use for residential

 9  irrigation, agricultural irrigation, industrial uses, except

10  for electric utilities as defined in s. 366.02(2), landscape

11  irrigation, golf course irrigation, irrigation of other public

12  access areas, commercial and institutional uses such as toilet

13  flushing, and transfers to other reclaimed water utilities;

14         (b)  Implementation of reclaimed water rate structures

15  based on actual use of reclaimed water for the reuse

16  activities listed in paragraph (a);

17         (c)  Implementation of education programs to inform the

18  public about water issues, water conservation, and the

19  importance and proper use of reclaimed water; or

20         (d)  Development of location data for key reuse

21  facilities.

22         Section 6.  Subsections (1) and (5) of section

23  373.1962, Florida Statutes, are amended to read:

24         373.1962  Regional water supply authorities.--

25         (1)  By interlocal agreement between counties,

26  municipalities, or special districts, as applicable agreement

27  between local governmental units created or existing pursuant

28  to the provisions of Art. VIII of the State Constitution,

29  pursuant to the Florida Interlocal Cooperation Act of 1969, s.

30  163.01, and upon the approval of the Secretary of

31  Environmental Protection to ensure that such agreement will be

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 1  in the public interest and complies with the intent and

 2  purposes of this act, regional water supply authorities may be

 3  created for the purpose of developing, recovering, storing,

 4  and supplying water for county or municipal purposes in such a

 5  manner as will give priority to reducing adverse environmental

 6  effects of excessive or improper withdrawals of water from

 7  concentrated areas. In approving said agreement the Secretary

 8  of Environmental Protection shall consider, but not be limited

 9  to, the following:

10         (a)  Whether the geographic territory of the proposed

11  authority is of sufficient size and character to reduce the

12  environmental effects of improper or excessive withdrawals of

13  water from concentrated areas.

14         (b)  The maximization of economic development of the

15  water resources within the territory of the proposed

16  authority.

17         (c)  The availability of a dependable and adequate

18  water supply.

19         (d)  The ability of any proposed authority to design,

20  construct, operate, and maintain water supply facilities in

21  the locations, and at the times necessary, to ensure that an

22  adequate water supply will be available to all citizens within

23  the authority.

24         (e)  The effect or impact of any proposed authority on

25  any municipality, county, or existing authority or

26  authorities.

27         (f)  The existing needs of the water users within the

28  area of the authority.

29         (5)  Each county, special district, or municipality

30  which is a party to an agreement pursuant to subsection (1)

31  shall have a preferential right to purchase water from the

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 1  regional water supply authority for use by such county,

 2  special district, or municipality.

 3         Section 7.  Subsection (5) is added to section 373.223,

 4  Florida Statutes, to read:

 5         373.223  Conditions for a permit.--

 6         (5)  In the event that a local or regional water supply

 7  utility, water supply authority, or other multijurisdictional

 8  entity as defined in s. 373.0361(3) demonstrates the ability

 9  to design, construct, operate, and maintain one or more

10  alternative water supply projects identified by the district

11  pursuant to s. 373.1961(4), or in the event that more than one

12  water utility organizes for the purpose of developing an

13  alternative water supply project as defined in s. 373.1961(4),

14  the appropriate entity shall be presumed to have a use

15  consistent with the public interest pursuant to the

16  requirements of subsection (1).

17         Section 8.  Subsection (4) is added to section 373.236,

18  Florida Statutes, to read:

19         373.236  Duration of permits; compliance reports.--

20         (4)  Permits approved for the development of

21  alternative water supplies shall be granted for a term of at

22  least 20 years, and up to such period of time as may be

23  required for the retirement of bonds for the construction of

24  facilities that provide alternative water supplies.

25         Section 9.  Section 373.459, Florida Statutes, is

26  amended to read:

27         373.459  Funds for surface water improvement and

28  management.--

29         (1)  Legislative appropriations provided to the water

30  management districts for surface water improvement and

31  

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 1  management activities shall be available for detailed planning

 2  and plan and program implementation.

 3         (2)  All entities receiving state funding for the

 4  implementation of programs specified in ss. 373.451-373.459,

 5  including water management districts, federal, local, and

 6  regional agencies, universities, and nonprofit or private

 7  organizations, shall provide a 50-percent match of cash or

 8  in-kind services towards the implementation of the specific

 9  project for which it is contracting.

10         (3)(2)  The Ecosystem Management and Restoration Trust

11  Fund shall be used for the deposit of funds appropriated by

12  the Legislature for the purposes of ss. 373.451-373.4595. The

13  department shall administer all funds appropriated to or

14  received for surface water improvement and management

15  activities. Expenditure of the moneys shall be limited to the

16  costs of detailed planning and plan and program implementation

17  for priority surface water bodies. Moneys from the fund shall

18  not be expended for planning for, or construction or expansion

19  of, treatment facilities for domestic or industrial waste

20  disposal.

21         (4)(3)  The department shall authorize the release of

22  money from the fund in accordance with the provisions of s.

23  373.501(2) and procedures in s. 373.59(4) and (5).

24         (5)(4)  Moneys in the fund which are not needed to meet

25  current obligations incurred under this section shall be

26  transferred to the State Board of Administration, to the

27  credit of the trust fund, to be invested in the manner

28  provided by law. Interest received on such investments shall

29  be credited to the trust fund.

30         Section 10.  Section 373.0361, Florida Statutes, is

31  amended to read: 

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 1         (Substantial rewording of section.  See

 2         s. 373.0361, F.S., for present text)

 3         373.0361  Regional water supply planning.--

 4         (1)  The governing board of each water management

 5  district shall conduct water supply planning for any water

 6  supply planning region within the district identified in the

 7  appropriate district water supply plan under s. 373.036, where

 8  it determines that existing sources of water are not adequate

 9  to supply water for all existing and future

10  reasonable-beneficial uses and to sustain the water resources

11  and related natural systems for the planning period. The

12  planning must be conducted in an open public process, in

13  coordination and cooperation with local governments, regional

14  water supply authorities, government-owned and privately owned

15  water utilities, self-suppliers, and other affected and

16  interested parties. The districts will actively engage in

17  public education and outreach to all affected local entities

18  and their officials, as well as members of the public, in the

19  planning process and in seeking input. During preparation, but

20  prior to completion of the regional water supply plan, the

21  district must conduct at least one public workshop to discuss

22  the technical data and modeling tools anticipated to be used

23  to support the regional water supply plan. The district shall

24  also hold several public meetings to communicate the status,

25  overall conceptual intent, and impacts of the plan on existing

26  and future reasonable-beneficial uses and natural systems. A

27  determination by the governing board that initiation of a

28  regional water supply plan for a specific planning region is

29  not needed pursuant to this section shall be subject to s.

30  120.569. The governing board shall reevaluate such a

31  determination at least once every 5 years and shall initiate a

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 1  regional water supply plan, if needed, pursuant to this

 2  subsection.

 3         (2)  Each regional water supply plan shall be based on

 4  at least a 20-year planning period and shall include, but is

 5  not limited to:

 6         (a)  A water supply development component for each

 7  water supply planning region identified by the district that

 8  includes:

 9         1.  A quantification of the water supply needs for all

10  existing and future reasonable-beneficial uses within the

11  planning horizon. The level-of-certainty planning goal

12  associated with identifying the water supply needs of existing

13  and future reasonable-beneficial uses shall be based upon

14  meeting those needs for a 1-in-10-year drought event.

15  Population projections used for determining public water

16  supply needs must be based upon the best available data. In

17  determining the best available data, the district shall

18  consider the University of Florida's Bureau of Economic and

19  Business Research (BEBR) medium population projections and any

20  population projection data and analysis submitted by a local

21  government pursuant to the public workshop described in

22  subsection (1) if the data and analysis support the local

23  government's comprehensive plan. Any adjustment of or

24  deviation from the BEBR projections must be fully described,

25  and the original BEBR data must be presented along with the

26  adjusted data.

27         2.  A list of water supply development project options,

28  including traditional and alternative water supply project

29  options, from which local government, government-owned and

30  privately owned utilities, self-suppliers, and others may

31  choose for water supply development. In addition to projects

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 1  listed by the district, such users may propose specific

 2  projects for inclusion in the list of alternative water supply

 3  projects.  In the event such users propose a project to be

 4  listed as an alternative water supply project, the district

 5  shall determine whether it meets the goals of the plan and

 6  will be included in the list. The total capacity of the

 7  projects or options included in the plan shall exceed the

 8  needs identified in subparagraph 1., and shall take into

 9  account water conservation and other demand management

10  measures, as well as water resources constraints, including

11  adopted minimum flows and levels and water reservations.

12  Where the district determines it is appropriate, the plan

13  should specifically identify the need for multijurisdictional

14  approaches to project options that, based on planning level

15  analysis, are appropriate to supply the intended uses and

16  that, based on such analysis, appear to be permittable and

17  financially and technically feasible.

18         3.  For each project option identified in subparagraph

19  2., the following shall be provided:

20         a.  An estimate of the amount of water to become

21  available through the project.

22         b.  The timeframe in which the project option should be

23  implemented and the estimated planning level costs for capital

24  investment and operating and maintaining the project.

25         c.  An analysis of funding needs and sources of

26  possible funding options.

27         d.  Identification of the entity that should implement

28  each project option and the current status of project

29  implementation.

30         (b)  A water resource development component that

31  includes:

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 1         1.  A listing of those water resource development

 2  projects that support water supply development.

 3         2.  For each water resource development project listed:

 4         a.  An estimate of the amount of water to become

 5  available through the project.

 6         b.  The timeframe in which the project option should be

 7  implemented and the estimated planning level costs for capital

 8  investment and operating and maintaining the project.

 9         c.  An analysis of funding needs and sources of

10  possible funding options.

11         d.  Identification of the entity that should implement

12  each project option and the current status of project

13  implementation.

14         (c)  The recovery and prevention strategy described in

15  s. 373.0421(2).

16         (d)  A funding strategy for water resource development

17  projects, which shall be reasonable and sufficient to pay the

18  cost of constructing or implementing all of the listed

19  projects.

20         (e)  Consideration of how the project options addressed

21  in paragraph (a) serve the public interest or save costs

22  overall by preventing the loss of natural resources or

23  avoiding greater future expenditures for water resource

24  development or water supply development. However, unless

25  adopted by rule, these considerations do not constitute final

26  agency action.

27         (f)  The technical data and information applicable to

28  each planning region which are necessary to support the

29  regional water supply plan.

30         (g)  The minimum flows and levels established for water

31  resources within each planning region.

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 1         (h)  Reservations of water adopted by rule pursuant to

 2  s. 373.223(4) within each planning region.

 3         (i)  Identification of surface waters or aquifers for

 4  which minimum flows and levels are scheduled to be adopted.

 5         (j)  An analysis, developed in cooperation with the

 6  department, of areas or instances in which the variance

 7  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to

 8  create water supply development or water resource development

 9  projects.

10         (3)  The water supply development component of a

11  regional water supply plan which deals with or affects public

12  utilities and public water supply for those areas served by a

13  regional water supply authority and its member governments

14  within the boundary of the Southwest Florida Water Management

15  District shall be developed jointly by the authority and the

16  district. In areas not served by regional water supply

17  authorities, or other multijurisdictional water supply

18  entities, and where opportunities exist to meet water supply

19  needs more efficiently through multijurisdictional projects

20  identified pursuant to s. 373.1962(2), water management

21  districts are directed to assist in developing

22  multijurisdictional approaches to water supply project

23  development jointly with affected water utilities, special

24  districts, and local governments.

25         (4)  Governing board approval of a regional water

26  supply plan shall not be subject to the rulemaking

27  requirements of chapter 120. However, any portion of an

28  approved regional water supply plan which affects the

29  substantial interests of a party shall be subject to s.

30  120.569.

31  

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 1         (5)  Annually and in conjunction with the reporting

 2  requirements of s. 373.536(6)(a)4., the department shall

 3  submit to the Governor and the Legislature a report on the

 4  status of regional water supply planning in each district. The

 5  report shall include:

 6         (a)  A compilation of the estimated costs of and

 7  potential sources of funding for water resource development

 8  and water supply development projects as identified in the

 9  water management district regional water supply plans.

10         (b)  The percentage and amount, by district, of

11  district ad valorem tax revenues or other district funds made

12  available to develop alternative water supplies.

13         (c)  A description of each district's progress toward

14  achieving its water resource development objectives, including

15  the district's implementation of its 5-year water resource

16  development work program.

17         (d)  An assessment of the specific progress being made

18  to implement each alternative water supply project option

19  chosen by the entities identified for implementation in the

20  plan.

21         (6)  Nothing contained in the water supply development

22  component of a regional water supply plan shall be construed

23  to require local governments, government-owned or privately

24  owned water utilities, special districts, self-suppliers,

25  regional water supply authorities, self suppliers, or other

26  water suppliers to select a water supply development project

27  identified in the component merely because it is identified in

28  the plan. Except as provided in s. 373.223(3) and s.

29  373.223(5), the plan may not be used in the review of permits

30  under part II unless the plan, or an applicable portion

31  thereof, has been adopted by rule. However, this subsection

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 1  does not prohibit a water management district from employing

 2  the data or other information used to establish the plan in

 3  reviewing permits under part II nor does it limit the

 4  authority of the department or governing board under part II.

 5         (7)  Where the water supply component of a water supply

 6  planning region shows the need for one or more alternative

 7  water supply projects, the district shall notify the affected

 8  local governments and make every reasonable effort to educate

 9  and involve local public officials in working toward solutions

10  in conjunction with the districts and, where appropriate,

11  other local and regional water supply entities.

12         (a)  Within 1 year after governing board approval of a

13  regional water supply plan, each entity identified in

14  sub-subparagraph (2)(a)3.d. shall provide written notification

15  to the water management district of the following: the water

16  supply projects or options that it has developed or intends to

17  develop, if any; an estimate of the quantity of water to be

18  produced by each project; the status of project

19  implementation, including development of the financial plan,

20  facilities master planning, permitting, and efforts in

21  coordinating multijurisdictional projects, if applicable. The

22  information provided in the notification shall be updated on

23  an annual basis and a progress report shall be provided by

24  November 15 of each year to the water management district. If

25  an entity proposes a water supply project that is not in the

26  plan, the entity shall request that the water management

27  district consider the project for inclusion in the regional

28  water supply plan.

29         (8)  For any regional water supply plan that is

30  scheduled to be updated before December 31, 2005, the deadline

31  for such update shall be extended to December 1, 2006.

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 1         Section 11.  Paragraph (c) of subsection (6) of section

 2  163.3177, Florida Statutes, is amended to read:

 3         163.3177  Required and optional elements of

 4  comprehensive plan; studies and surveys.--

 5         (6)  In addition to the requirements of subsections

 6  (1)-(5), the comprehensive plan shall include the following

 7  elements:

 8         (c)  A general sanitary sewer, solid waste, drainage,

 9  potable water, and natural groundwater aquifer recharge

10  element correlated to principles and guidelines for future

11  land use, indicating ways to provide for future potable water,

12  drainage, sanitary sewer, solid waste, and aquifer recharge

13  protection requirements for the area. The element may be a

14  detailed engineering plan including a topographic map

15  depicting areas of prime groundwater recharge. The element

16  shall describe the problems and needs and the general

17  facilities that will be required for solution of the problems

18  and needs. The element shall also include a topographic map

19  depicting any areas adopted by a regional water management

20  district as prime groundwater recharge areas for the Floridan

21  or Biscayne aquifers, pursuant to s. 373.0395. These areas

22  shall be given special consideration when the local government

23  is engaged in zoning or considering future land use for said

24  designated areas. For areas served by septic tanks, soil

25  surveys shall be provided which indicate the suitability of

26  soils for septic tanks. By December 1, 2006, the element must

27  be consistent with consider the appropriate water management

28  district's regional water supply plan approved pursuant to s.

29  373.0361. If the local government chooses to prepare its own

30  water supply analysis, it shall submit a description of the

31  data and methodology used to generate the analysis to the

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 1  department with its plan when the plan is due for compliance

 2  review unless it has submitted it for advance review. The

 3  department shall evaluate the application of the methodology

 4  used by a local government in preparing its own water supply

 5  analysis and determine whether the particular methodology is

 6  professionally accepted. The department shall provide its

 7  findings to the local government within 60 days. The

 8  department shall be guided by the applicable water management

 9  district in its review of any methodology proposed by a local

10  government. The element must identify the water supply

11  sources, including conservation and reuse, necessary to meet

12  existing and projected water use demand and include a work

13  plan, covering the comprehensive plan's established at least a

14  10-year planning period, for building public, private, and

15  regional water supply facilities, including development of

16  alternative water supplies, which that are identified in the

17  element as necessary to serve existing and new development and

18  for which the local government is responsible. The work plan

19  shall be updated, at a minimum, every 5 years within 12 months

20  after the governing board of a water management district

21  approves an updated regional water supply plan. Local

22  governments, public and private utilities, regional water

23  supply authorities, and water management districts are

24  encouraged to cooperatively plan for the development of

25  multijurisdictional water supply facilities sufficient to meet

26  projected demands for established planning periods, including

27  the development of alternative water sources to supplement

28  traditional sources of ground and surface water supplies.

29  Amendments to incorporate the work plan do not count toward

30  the limitation on the frequency of adoption of amendments to

31  the comprehensive plan.

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 1         Section 12.  Paragraph (a) of subsection (2) of section

 2  163.3180, Florida Statutes, is amended to read:

 3         163.3180  Concurrency.--

 4         (2)(a)  Consistent with public health and safety,

 5  sanitary sewer, solid waste, drainage, adequate water

 6  supplies, and potable water facilities shall be in place and

 7  available to serve new development no later than the issuance

 8  by the local government's approval to commence construction

 9  government of a certificate of occupancy or its functional

10  equivalent.

11         Section 13.  Paragraph (l) of subsection (2) of section

12  163.3191, Florida Statutes, is amended to read:

13         163.3191  Evaluation and appraisal of comprehensive

14  plan.--

15         (2)  The report shall present an evaluation and

16  assessment of the comprehensive plan and shall contain

17  appropriate statements to update the comprehensive plan,

18  including, but not limited to, words, maps, illustrations, or

19  other media, related to:

20         (l)  The report must evaluate whether the local

21  government has been successful in identifying water supply

22  sources, including conservation and reuse, necessary to meet

23  existing and projected water use demand for the comprehensive

24  plan's established planning period. The water supply sources

25  evaluated in the report must be consistent with evaluation

26  must consider the appropriate water management district's

27  regional water supply plan approved pursuant to s. 373.0361.

28  The report must evaluate the degree to which the local

29  government has implemented the work plan for water supply

30  facilities included in the potable water element. The potable

31  water element must be revised to include a work plan, covering

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 1  at least a 10-year planning period, for building any water

 2  supply facilities that are identified in the element as

 3  necessary to serve existing and new development and for which

 4  the local government is responsible.

 5         Section 14.  Subsections (6), (7), (8), and (11) of

 6  section 403.067, Florida Statutes, are amended to read:

 7         403.067  Establishment and implementation of total

 8  maximum daily loads.--

 9         (6)  CALCULATION AND ALLOCATION.--

10         (a)  Calculation of total maximum daily load.

11         1.  Prior to developing a total maximum daily load

12  calculation for each water body or water body segment on the

13  list specified in subsection (4), the department shall

14  coordinate with applicable local governments, water management

15  districts, the Department of Agriculture and Consumer

16  Services, other appropriate state agencies, local soil and

17  water conservation districts, environmental groups, regulated

18  interests, and affected pollution sources to determine the

19  information required, accepted methods of data collection and

20  analysis, and quality control/quality assurance requirements.

21  The analysis may include mathematical water quality modeling

22  using approved procedures and methods.

23         2.  The department shall develop total maximum daily

24  load calculations for each water body or water body segment on

25  the list described in subsection (4) according to the priority

26  ranking and schedule unless the impairment of such waters is

27  due solely to activities other than point and nonpoint sources

28  of pollution. For waters determined to be impaired due solely

29  to factors other than point and nonpoint sources of pollution,

30  no total maximum daily load will be required. A total maximum

31  daily load may be required for those waters that are impaired

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 1  predominantly due to activities other than point and nonpoint

 2  sources. The total maximum daily load calculation shall

 3  establish the amount of a pollutant that a water body or water

 4  body segment may receive from all sources without exceeding

 5  water quality standards, and shall account for seasonal

 6  variations and include a margin of safety that takes into

 7  account any lack of knowledge concerning the relationship

 8  between effluent limitations and water quality. The total

 9  maximum daily load may be based on a pollutant load reduction

10  goal developed by a water management district, provided that

11  such pollutant load reduction goal is promulgated by the

12  department in accordance with the procedural and substantive

13  requirements of this subsection.

14         (b)  Allocation of total maximum daily loads.--The

15  total maximum daily loads shall include establishment of

16  reasonable and equitable allocations of the total maximum

17  daily load between or among point and nonpoint sources that

18  will alone, or in conjunction with other management and

19  restoration activities, provide for the attainment of the

20  pollutant reductions established pursuant to paragraph (a) to

21  achieve water quality standards for the pollutants of concern

22  water quality standards and the restoration of impaired

23  waters. The allocations may establish the maximum amount of

24  the water pollutant from a given source or category of sources

25  that may be discharged or released into the water body or

26  water body segment in combination with other discharges or

27  releases. Allocations may also be made to individual basins

28  and sources or as a whole to all basins and sources or

29  categories of sources of inflow to the water body or water

30  body segments. A preliminary allocation of allowable pollutant

31  loads between or among point and nonpoint sources may be

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 1  developed as part of the total maximum daily load. However, in

 2  such cases, the final allocation to specific point sources and

 3  specific categories of nonpoint sources shall be established

 4  in the basin management action plan pursuant to subsection

 5  (7). The preliminary and final allocations shall be designed

 6  to attain the pollutant reductions established pursuant to

 7  paragraph (a) water quality standards and shall be based on

 8  consideration of the following:

 9         1.  Existing treatment levels and management practices;

10         2.  Best management practices established and

11  implemented pursuant to paragraph (7)(c);

12         3.  Enforceable treatment levels established pursuant

13  to state or local law or permit;

14         4.2.  Differing impacts pollutant sources may have on

15  water quality;

16         5.3.  The availability of treatment technologies,

17  management practices, or other pollutant reduction measures;

18         6.4.  Environmental, economic, and technological

19  feasibility of achieving the allocation;

20         7.5.  The cost benefit associated with achieving the

21  allocation;

22         8.6.  Reasonable timeframes for implementation;

23         9.7.  Potential applicability of any moderating

24  provisions such as variances, exemptions, and mixing zones;

25  and

26         10.8.  The extent to which nonattainment of water

27  quality standards is caused by pollution sources outside of

28  Florida, discharges that have ceased, or alterations to water

29  bodies prior to the date of this act.

30         (c)  Not later than February 1, 2001, the department

31  shall submit a report to the Governor, the President of the

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 1  Senate, and the Speaker of the House of Representatives

 2  containing recommendations, including draft legislation, for

 3  any modifications to the process for allocating total maximum

 4  daily loads, including the relationship between allocations

 5  and the watershed or basin management planning process. Such

 6  recommendations shall be developed by the department in

 7  cooperation with a technical advisory committee which includes

 8  representatives of affected parties, environmental

 9  organizations, water management districts, and other

10  appropriate local, state, and federal government agencies. The

11  technical advisory committee shall also include such members

12  as may be designated by the President of the Senate and the

13  Speaker of the House of Representatives.

14         (c)(d)  Adoption of rules.--The total maximum daily

15  load calculations and allocations established under this

16  subsection for each water body or water body segment shall be

17  adopted by rule by the secretary pursuant to ss. 120.536(1),

18  120.54, and 403.805. Where additional data collection and

19  analysis are needed to increase the scientific precision and

20  accuracy of the total maximum daily load, the department is

21  authorized to adopt phased total maximum daily loads until the

22  additional data is available. The rules adopted pursuant to

23  this paragraph shall not be subject to approval by the

24  Environmental Regulation Commission. As part of the rule

25  development process, the department shall hold at least one

26  public workshop in the vicinity of the water body or water

27  body segment for which the total maximum daily load is being

28  developed. Notice of the public workshop shall be published

29  not less than 5 days nor more than 15 days before the public

30  workshop in a newspaper of general circulation in the county

31  or counties containing the water bodies or water body segments

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 1  for which the total maximum daily load calculation and

 2  allocation are being developed.

 3         (7)  DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS AND

 4  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

 5         (a)  Basin Management Action Plans.--

 6         1.  In developing and implementing the total maximum

 7  daily load for a water body, the department, or the department

 8  in conjunction with a water management district, may develop a

 9  basin management action plan that addresses some or all of the

10  watersheds and basins tributary to the water body. Such a plan

11  shall integrate the appropriate management strategies to

12  achieve the total maximum daily loads and the restoration of

13  designated uses and shall provide for phased implementation of

14  these management strategies to promote timely, cost-effective

15  actions as provided for in s. 403.151. The plan shall

16  establish a schedule for implementing the management

17  strategies, establish a basis for evaluating the effectiveness

18  of the plan, and identify feasible funding strategies to

19  implement the plan's management strategies. The management

20  strategies may include regional treatment systems or other

21  public works, where appropriate, to achieve the needed

22  pollutant load reductions.

23         2.  A basin management action plan shall equitably

24  allocate, pursuant to paragraph (6)(b), pollutant reductions

25  to individual basins, as a whole to all basins, or to each

26  identified point source or category of nonpoint sources, as

27  appropriate. For nonpoint sources for which best management

28  practices have been adopted, the initial requirement specified

29  by the plan shall be those practices developed pursuant to

30  paragraph (c). Where appropriate, the plan may provide

31  pollutant-load-reduction credits to dischargers that have

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 1  implemented management strategies to reduce pollutant loads,

 2  including best management practices, prior to the development

 3  of the basin management action plan. The plan shall also

 4  identify the mechanisms by which potential future sources of

 5  pollution will be addressed, whether the future source is a

 6  result of the expansion of or increased loading from an

 7  existing source, a land-use change, a new discharge, or

 8  similar circumstances.

 9         3.  The basin management action planning process is

10  intended to involve the broadest possible range of interested

11  parties, with the objective of encouraging the greatest amount

12  of cooperation and consensus possible. In developing a basin

13  management action plan, the department shall assure that key

14  stakeholders, including, but not limited to, applicable local

15  governments, water management districts, the Department of

16  Agriculture and Consumer Services, other appropriate state

17  agencies, local soil and water conservation districts,

18  environmental groups, regulated interests, and affected

19  pollution sources, are invited to participate in the process.

20  The department shall hold at least one public meeting in the

21  vicinity of the watershed or basin to discuss and receive

22  comments during the planning process and shall otherwise

23  encourage public participation to the greatest practical

24  extent. Notice of the public meeting shall be published in a

25  newspaper of general circulation in each county in which the

26  watershed or basin lies not less than 5 days nor more than 15

27  days before the public meeting. A basin management action plan

28  shall not supplant or otherwise alter any assessment made

29  under subsection (3) or subsection (4), or any calculation or

30  preliminary allocation made under subsection (6) except

31  through rulemaking.

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 1         4.  The department shall adopt all or any part of a

 2  basin management action plan by secretarial order pursuant to

 3  chapter 120 to implement the provisions of this subsection. If

 4  a basin management action plan alters the calculation or

 5  preliminary allocation made under subsection (6), the revised

 6  calculation or final allocation shall be adopted by rule.

 7         5.  The basin management action plan shall be evaluated

 8  on a periodic basis to determine whether its management

 9  strategies are leading to pollutant load reductions in a

10  timely manner and whether revisions are needed to achieve the

11  pollutant load reductions specified in the adopted total

12  maximum daily load calculation or allocation. Revisions to the

13  basin management action plan shall be made by the department

14  in cooperation with basin stakeholders. Revisions to the

15  management strategies required for nonpoint sources shall

16  follow the procedures set forth in subparagraph (c)4. Revised

17  basin management action plans shall be adopted pursuant to

18  subparagraph 4.

19         (b)(a)  Total Maximum Daily Load Implementation.--

20         1.  The department shall be the lead agency in

21  coordinating the implementation of the total maximum daily

22  loads through basin management action plans, and water quality

23  protection programs. Application of a total maximum daily load

24  by a water management district shall be consistent with this

25  section and shall not require the issuance of an order or a

26  separate action pursuant to s. 120.536(1) or s. 120.54 for

27  adoption of the calculation and allocation previously

28  established by the department. Management strategies to

29  achieve the total maximum daily load Such programs may

30  include, but are not limited to:

31  

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 1         a.1.  Permitting and other existing regulatory

 2  programs;

 3         b.2.  Nonregulatory and incentive-based programs,

 4  including best management practices, cost sharing, waste

 5  minimization, pollution prevention, agreements established

 6  pursuant to s. 403.061(21), and public education;

 7         c.3.  Other water quality management and restoration

 8  activities, for example surface water improvement and

 9  management plans approved by water management districts or

10  watershed or basin management plans developed pursuant to this

11  subsection;

12         d.4.  Pollutant trading or other equitable economically

13  based agreements;

14         e.5.  Public works including capital facilities; or

15         f.6.  Land acquisition.

16         g.  Water quality based effluent limitations.

17         2.  For a basin management action plan adopted pursuant

18  to subparagraph (a)4., any management strategies and pollutant

19  reduction requirements associated with a pollutant of concern

20  for which a total maximum daily load was developed, including

21  effluent limits set forth for a discharger subject to NPDES

22  permitting, if any, shall be included in a timely manner in

23  subsequent NPDES permits or permit modifications for that

24  discharger. For holders of NPDES municipal separate storm

25  sewer system permits and other stormwater sources,

26  implementation of a total maximum daily load or basin

27  management action plan shall be achieved, to the maximum

28  extent practicable, through the use of best management

29  practices or other management measures.

30         a.  The department shall not impose in a NPDES permit

31  additional pollution reduction requirements for a pollutant of

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 1  concern until such time as the total maximum daily load or the

 2  basin management action plan is revised, the NPDES permit

 3  expires, or the NPDES permitholder modifies its discharge.

 4         b.  The basin management action plan does not relieve

 5  the discharger from any requirement to obtain, renew, or

 6  modify a NPDES permit or to abide by other requirements of the

 7  permit, including effluent limits and other requirements

 8  associated with other pollutants.

 9         c.  Management strategies set forth in a basin

10  management action plan to be implemented by a discharger

11  subject to permitting by the department shall be completed

12  pursuant to the schedule set forth in the basin management

13  action plan. This implementation schedule may extend beyond

14  the 5-year term of a NPDES permit.

15         d.  Management strategies and pollution reduction

16  requirements set forth in a basin management action plan for a

17  specific pollutant of concern shall not be subject to

18  challenge under chapter 120 at the time it is incorporated, in

19  an identical form, into a subsequent NPDES permit or permit

20  modification.

21         e.  For nonagricultural pollutant sources not subject

22  to NPDES permitting but permitted pursuant to other state,

23  regional, or local water quality programs, the pollutant

24  reduction actions adopted in a basin management action plan

25  shall be implemented to the maximum extent practicable as part

26  of those permitting programs.

27         f.  A nonpoint source discharger included in a basin

28  management action plan may demonstrate compliance with the

29  pollutant reductions established pursuant to subsection (6) by

30  either implementing the appropriate best management practices

31  established pursuant to paragraph (c) or conducting water

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 1  quality monitoring prescribed by the department or a water

 2  management district.

 3         g.  A nonpoint source discharger included in a basin

 4  management action plan may be subject to enforcement action by

 5  the department or a water management district based upon the

 6  failure to implement the responsibilities set forth in

 7  sub-subparagraph f.

 8         h.  A nonpoint pollutant source discharger included in

 9  a basin management action plan shall timely implement the

10  appropriate best management practices established pursuant to

11  paragraph (c) to attain the pollutant reductions established

12  pursuant to paragraph (6)(a).

13         i.  A landowner, discharger, or other responsible

14  person who is implementing applicable management strategies

15  specified in an adopted basin management action plan shall not

16  be required by permit, enforcement action, or otherwise to

17  implement additional management strategies to reduce pollutant

18  loads to attain the pollutant reductions pursuant to paragraph

19  (6)(a), and shall be deemed to be in compliance with this

20  section. This subparagraph does not limit the authority of the

21  department to amend a basin management action plan as

22  specified in subparagraph (a)5.

23         (b)  In developing and implementing the total maximum

24  daily load for a water body, the department, or the department

25  in conjunction with a water management district, may develop a

26  watershed or basin management plan that addresses some or all

27  of the watersheds and basins tributary to the water body.

28  These plans will serve to fully integrate the management

29  strategies available to the state for the purpose of

30  implementing the total maximum daily loads and achieving water

31  quality restoration. The watershed or basin management

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 1  planning process is intended to involve the broadest possible

 2  range of interested parties, with the objective of encouraging

 3  the greatest amount of cooperation and consensus possible. The

 4  department or water management district shall hold at least

 5  one public meeting in the vicinity of the watershed or basin

 6  to discuss and receive comments during the planning process

 7  and shall otherwise encourage public participation to the

 8  greatest practical extent. Notice of the public meeting shall

 9  be published in a newspaper of general circulation in each

10  county in which the watershed or basin lies not less than 5

11  days nor more than 15 days before the public meeting. A

12  watershed or basin management plan shall not supplant or

13  otherwise alter any assessment made under s. 403.086(3) and

14  (4), or any calculation or allocation made under s.

15  403.086(6).

16         (c)  Best Management Practices.--

17         1.  The department, in cooperation with the water

18  management districts and other interested parties, as

19  appropriate, may develop suitable interim measures, best

20  management practices, or other measures necessary to achieve

21  the level of pollution reduction established by the department

22  for nonagricultural nonpoint pollutant sources in allocations

23  developed pursuant to subsection (6) and this subsection

24  paragraph (6)(b). These practices and measures may be adopted

25  by rule by the department and the water management districts

26  pursuant to ss. 120.536(1) and 120.54, and where adopted by

27  rule, shall may be implemented by those parties responsible

28  for nonagricultural nonpoint source pollution pollutant

29  sources and the department and the water management districts

30  shall assist with implementation. Where interim measures, best

31  management practices, or other measures are adopted by rule,

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 1  the effectiveness of such practices in achieving the levels of

 2  pollution reduction established in allocations developed by

 3  the department pursuant to paragraph (6)(b) shall be verified

 4  by the department. Implementation, in accordance with

 5  applicable rules, of practices that have been verified by the

 6  department to be effective at representative sites shall

 7  provide a presumption of compliance with state water quality

 8  standards and release from the provisions of s. 376.307(5) for

 9  those pollutants addressed by the practices, and the

10  department is not authorized to institute proceedings against

11  the owner of the source of pollution to recover costs or

12  damages associated with the contamination of surface or ground

13  water caused by those pollutants. Such rules shall also

14  incorporate provisions for a notice of intent to implement the

15  practices and a system to assure the implementation of the

16  practices, including recordkeeping requirements. Where water

17  quality problems are detected despite the appropriate

18  implementation, operation, and maintenance of best management

19  practices and other measures according to rules adopted under

20  this paragraph, the department or the water management

21  districts shall institute a reevaluation of the best

22  management practice or other measures.

23         2.(d)1.  The Department of Agriculture and Consumer

24  Services may develop and adopt by rule pursuant to ss.

25  120.536(1) and 120.54 suitable interim measures, best

26  management practices, or other measures necessary to achieve

27  the level of pollution reduction established by the department

28  for agricultural pollutant sources in allocations developed

29  pursuant to subsection (6) and this subsection paragraph

30  (6)(b). These practices and measures may be implemented by

31  those parties responsible for agricultural pollutant sources

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 1  and the department, the water management districts, and the

 2  Department of Agriculture and Consumer Services shall assist

 3  with implementation. Where interim measures, best management

 4  practices, or other measures are adopted by rule, the

 5  effectiveness of such practices in achieving the levels of

 6  pollution reduction established in allocations developed by

 7  the department pursuant to paragraph (6)(b) shall be verified

 8  by the department. Implementation, in accordance with

 9  applicable rules, of practices that have been verified by the

10  department to be effective at representative sites shall

11  provide a presumption of compliance with state water quality

12  standards and release from the provisions of s. 376.307(5) for

13  those pollutants addressed by the practices, and the

14  department is not authorized to institute proceedings against

15  the owner of the source of pollution to recover costs or

16  damages associated with the contamination of surface or ground

17  water caused by those pollutants. In the process of developing

18  and adopting rules for interim measures, best management

19  practices, or other measures, the Department of Agriculture

20  and Consumer Services shall consult with the department, the

21  Department of Health, the water management districts,

22  representatives from affected farming groups, and

23  environmental group representatives. Such rules shall also

24  incorporate provisions for a notice of intent to implement the

25  practices and a system to assure the implementation of the

26  practices, including recordkeeping requirements. Where water

27  quality problems are detected despite the appropriate

28  implementation, operation, and maintenance of best management

29  practices and other measures according to rules adopted under

30  this paragraph, the Department of Agriculture and Consumer

31  

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 1  Services shall institute a reevaluation of the best management

 2  practice or other measure.

 3         3.  Where interim measures, best management practices,

 4  or other measures are adopted by rule, the effectiveness of

 5  such practices in achieving the levels of pollution reduction

 6  established in allocations developed by the department

 7  pursuant to subsection (6) and this subsection shall be

 8  verified at representative sites by the department. The

 9  department shall use its best professional judgment in making

10  the initial verification that the best management practices

11  are effective and, where applicable, shall notify the

12  appropriate water management district and the Department of

13  Agriculture and Consumer Services of its initial verification

14  prior to the adoption of a rule proposed pursuant to this

15  paragraph. Implementation, in accordance with rules adopted

16  under this paragraph, of practices that have been initially

17  verified to be effective, or verified to be effective by

18  monitoring at representative sites, by the department, shall

19  provide a presumption of compliance with state water quality

20  standards and release from the provisions of s. 376.307(5) for

21  those pollutants addressed by the practices, and the

22  department is not authorized to institute proceedings against

23  the owner of the source of pollution to recover costs or

24  damages associated with the contamination of surface or ground

25  water caused by those pollutants.

26         4.  Where water quality problems are demonstrated in

27  the development or amendment of a basin management action

28  plan, despite the appropriate implementation, operation, and

29  maintenance of best management practices and other measures

30  according to rules adopted under this paragraph, the

31  department, a water management district, or the Department of

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 1  Agriculture and Consumer Services, shall institute a

 2  reevaluation of the best management practice or other measure.

 3  Should the reevaluation determine that the best management

 4  practice or other measure requires modification, the

 5  department, a water management district, or the Department of

 6  Agriculture and Consumer Services, as appropriate, shall

 7  revise the rule to require implementation of the modified

 8  practice within a reasonable time period as specified in the

 9  rule.

10         5.2.  Individual agricultural records relating to

11  processes or methods of production, or relating to costs of

12  production, profits, or other financial information which are

13  otherwise not public records, which are reported to the

14  Department of Agriculture and Consumer Services pursuant to

15  subparagraphs 3. and 4. this paragraph or pursuant to any rule

16  adopted pursuant to subparagraph 2. this paragraph shall be

17  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

18  of the State Constitution. Upon request of the department or

19  any water management district, the Department of Agriculture

20  and Consumer Services shall make such individual agricultural

21  records available to that agency, provided that the

22  confidentiality specified by this subparagraph for such

23  records is maintained. This subparagraph is subject to the

24  Open Government Sunset Review Act of 1995 in accordance with

25  s. 119.15, and shall stand repealed on October 2, 2006, unless

26  reviewed and saved from repeal through reenactment by the

27  Legislature.

28         (6)(e)  The provisions of subparagraphs 1. and 2.

29  paragraphs (c) and (d) shall not preclude the department or

30  water management district from requiring compliance with water

31  quality standards or with current best management practice

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 1  requirements set forth in any applicable regulatory program

 2  authorized by law for the purpose of protecting water quality.

 3  Additionally, subparagraphs 1. and 2. paragraphs (c) and (d)

 4  are applicable only to the extent that they do not conflict

 5  with any rules adopted promulgated by the department that are

 6  necessary to maintain a federally delegated or approved

 7  program.

 8         (8)  RULES.--The department is authorized to adopt

 9  rules pursuant to ss. 120.536(1) and  120.54 for:

10         (a)  Delisting water bodies or water body segments from

11  the list developed under subsection (4) pursuant to the

12  guidance under subsection (5);

13         (b)  Administration of funds to implement the total

14  maximum daily load and basin management action planning

15  programs program;

16         (c)  Procedures for pollutant trading among the

17  pollutant sources to a water body or water body segment,

18  including a mechanism for the issuance and tracking of

19  pollutant credits. Such procedures may be implemented through

20  permits or other authorizations and must be legally binding;.

21  No rule implementing a pollutant trading program shall become

22  effective prior to review and ratification by the Legislature;

23  and

24         (d)  The implementation of basin management action

25  plans through permitting or other programs under this chapter

26  and chapter 373;

27         (e)(d)  The total maximum daily load calculation in

28  accordance with paragraph (6)(a) immediately upon the

29  effective date of this act, for those eight water segments

30  within Lake Okeechobee proper as submitted to the United

31  

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 1  States Environmental Protection Agency pursuant to subsection

 2  (2); and.

 3         (f)  Implementation of other specific provisions.

 4  

 5  Prior to adopting rules for pollutant trading under paragraph

 6  (c), and no later than November 30, 2006, the Department of

 7  Environmental Protection shall submit a report to the

 8  Governor, the President of the Senate, and the Speaker of the

 9  House of Representatives containing recommendations on such

10  rules, including the proposed basis for equitable economically

11  based agreements and the tracking and accounting of pollution

12  credits or other similar mechanisms. Such recommendations

13  shall be developed in cooperation with a technical advisory

14  committee that includes experts in pollutant trading and

15  representatives of potentially affected parties.

16         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

17         (a)  The department shall not implement, without prior

18  legislative approval, any additional regulatory authority

19  pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part

20  130, if such implementation would result in water quality

21  discharge regulation of activities not currently subject to

22  regulation.

23         (b)  Interim measures, best management practices, or

24  other measures may be developed and voluntarily implemented

25  pursuant to subparagraphs paragraph (7)(c) 1. and 2. or

26  paragraph (7)(d) for any water body or segment for which a

27  total maximum daily load or allocation has not been

28  established. The implementation of such pollution control

29  programs may be considered by the department in the

30  determination made pursuant to subsection (4).

31  

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 1         Section 15.  Paragraph (c) of subsection (3) of section

 2  373.4595, Florida Statutes, is amended to read:

 3         373.4595  Lake Okeechobee Protection Program.--

 4         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

 5  program for Lake Okeechobee that achieves phosphorus load

 6  reductions for Lake Okeechobee shall be immediately

 7  implemented as specified in this subsection. The program shall

 8  address the reduction of phosphorus loading to the lake from

 9  both internal and external sources. Phosphorus load reductions

10  shall be achieved through a phased program of implementation.

11  Initial implementation actions shall be technology-based,

12  based upon a consideration of both the availability of

13  appropriate technology and the cost of such technology, and

14  shall include phosphorus reduction measures at both the source

15  and the regional level. The initial phase of phosphorus load

16  reductions shall be based upon the district's Technical

17  Publication 81-2 and the district's WOD program, with

18  subsequent phases of phosphorus load reductions based upon the

19  total maximum daily loads established in accordance with s.

20  403.067. In the development and administration of the Lake

21  Okeechobee Protection Program, the coordinating agencies shall

22  maximize opportunities provided by federal cost-sharing

23  programs and opportunities for partnerships with the private

24  sector.

25         (c)  Lake Okeechobee Watershed Phosphorus Control

26  Program.--The Lake Okeechobee Watershed Phosphorus Control

27  Program is designed to be a multifaceted approach to reducing

28  phosphorus loads by improving the management of phosphorus

29  sources within the Lake Okeechobee watershed through continued

30  implementation of existing regulations and best management

31  practices, development and implementation of improved best

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 1  management practices, improvement and restoration of the

 2  hydrologic function of natural and managed systems, and

 3  utilization of alternative technologies for nutrient

 4  reduction. The coordinating agencies shall facilitate the

 5  application of federal programs that offer opportunities for

 6  water quality treatment, including preservation, restoration,

 7  or creation of wetlands on agricultural lands.

 8         1.  Agricultural nonpoint source best management

 9  practices, developed in accordance with s. 403.067 and

10  designed to achieve the objectives of the Lake Okeechobee

11  Protection Program, shall be implemented on an expedited

12  basis. By March 1, 2001, the coordinating agencies shall

13  develop an interagency agreement pursuant to ss. 373.046 and

14  373.406(5) that assures the development of best management

15  practices that complement existing regulatory programs and

16  specifies how those best management practices are implemented

17  and verified. The interagency agreement shall address measures

18  to be taken by the coordinating agencies during any best

19  management practice reevaluation performed pursuant to

20  sub-subparagraph d. The department shall use best professional

21  judgment in making the initial determination of best

22  management practice effectiveness.

23         a.  As provided in s. 403.067(7)(c) s. 403.067(7)(d),

24  by October 1, 2000, the Department of Agriculture and Consumer

25  Services, in consultation with the department, the district,

26  and affected parties, shall initiate rule development for

27  interim measures, best management practices, conservation

28  plans, nutrient management plans, or other measures necessary

29  for Lake Okeechobee phosphorus load reduction. The rule shall

30  include thresholds for requiring conservation and nutrient

31  management plans and criteria for the contents of such plans.

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 1  Development of agricultural nonpoint source best management

 2  practices shall initially focus on those priority basins

 3  listed in subparagraph (b)1. The Department of Agriculture and

 4  Consumer Services, in consultation with the department, the

 5  district, and affected parties, shall conduct an ongoing

 6  program for improvement of existing and development of new

 7  interim measures or best management practices for the purpose

 8  of adoption of such practices by rule.

 9         b.  Where agricultural nonpoint source best management

10  practices or interim measures have been adopted by rule of the

11  Department of Agriculture and Consumer Services, the owner or

12  operator of an agricultural nonpoint source addressed by such

13  rule shall either implement interim measures or best

14  management practices or demonstrate compliance with the

15  district's WOD program by conducting monitoring prescribed by

16  the department or the district. Owners or operators of

17  agricultural nonpoint sources who implement interim measures

18  or best management practices adopted by rule of the Department

19  of Agriculture and Consumer Services shall be subject to the

20  provisions of s. 403.067(7). The Department of Agriculture and

21  Consumer Services, in cooperation with the department and the

22  district, shall provide technical and financial assistance for

23  implementation of agricultural best management practices,

24  subject to the availability of funds.

25         c.  The district or department shall conduct monitoring

26  at representative sites to verify the effectiveness of

27  agricultural nonpoint source best management practices.

28         d.  Where water quality problems are detected for

29  agricultural nonpoint sources despite the appropriate

30  implementation of adopted best management practices, the

31  Department of Agriculture and Consumer Services, in

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 1  consultation with the other coordinating agencies and affected

 2  parties, shall institute a reevaluation of the best management

 3  practices and make appropriate changes to the rule adopting

 4  best management practices.

 5         2.  Nonagricultural nonpoint source best management

 6  practices, developed in accordance with s. 403.067 and

 7  designed to achieve the objectives of the Lake Okeechobee

 8  Protection Program, shall be implemented on an expedited

 9  basis. By March 1, 2001, the department and the district shall

10  develop an interagency agreement pursuant to ss. 373.046 and

11  373.406(5) that assures the development of best management

12  practices that complement existing regulatory programs and

13  specifies how those best management practices are implemented

14  and verified. The interagency agreement shall address measures

15  to be taken by the department and the district during any best

16  management practice reevaluation performed pursuant to

17  sub-subparagraph d.

18         a.  The department and the district are directed to

19  work with the University of Florida's Institute of Food and

20  Agricultural Sciences to develop appropriate nutrient

21  application rates for all nonagricultural soil amendments in

22  the watershed. As provided in s. 403.067(7)(c), by January 1,

23  2001, the department, in consultation with the district and

24  affected parties, shall develop interim measures, best

25  management practices, or other measures necessary for Lake

26  Okeechobee phosphorus load reduction. Development of

27  nonagricultural nonpoint source best management practices

28  shall initially focus on those priority basins listed in

29  subparagraph (b)1. The department, the district, and affected

30  parties shall conduct an ongoing program for improvement of

31  existing and development of new interim measures or best

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 1  management practices. The district shall adopt

 2  technology-based standards under the district's WOD program

 3  for nonagricultural nonpoint sources of phosphorus.

 4         b.  Where nonagricultural nonpoint source best

 5  management practices or interim measures have been developed

 6  by the department and adopted by the district, the owner or

 7  operator of a nonagricultural nonpoint source shall implement

 8  interim measures or best management practices and be subject

 9  to the provisions of s. 403.067(7). The department and

10  district shall provide technical and financial assistance for

11  implementation of nonagricultural nonpoint source best

12  management practices, subject to the availability of funds.

13         c.  The district or the department shall conduct

14  monitoring at representative sites to verify the effectiveness

15  of nonagricultural nonpoint source best management practices.

16         d.  Where water quality problems are detected for

17  nonagricultural nonpoint sources despite the appropriate

18  implementation of adopted best management practices, the

19  department and the district shall institute a reevaluation of

20  the best management practices.

21         3.  The provisions of subparagraphs 1. and 2. shall not

22  preclude the department or the district from requiring

23  compliance with water quality standards or with current best

24  management practices requirements set forth in any applicable

25  regulatory program authorized by law for the purpose of

26  protecting water quality. Additionally, subparagraphs 1. and

27  2. are applicable only to the extent that they do not conflict

28  with any rules promulgated by the department that are

29  necessary to maintain a federally delegated or approved

30  program.

31  

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 1         4.  Projects which reduce the phosphorus load

 2  originating from domestic wastewater systems within the Lake

 3  Okeechobee watershed shall be given funding priority in the

 4  department's revolving loan program under s. 403.1835. The

 5  department shall coordinate and provide assistance to those

 6  local governments seeking financial assistance for such

 7  priority projects.

 8         5.  Projects that make use of private lands, or lands

 9  held in trust for Indian tribes, to reduce nutrient loadings

10  or concentrations within a basin by one or more of the

11  following methods: restoring the natural hydrology of the

12  basin, restoring wildlife habitat or impacted wetlands,

13  reducing peak flows after storm events, increasing aquifer

14  recharge, or protecting range and timberland from conversion

15  to development, are eligible for grants available under this

16  section from the coordinating agencies.  For projects of

17  otherwise equal priority, special funding priority will be

18  given to those projects that make best use of the methods

19  outlined above that involve public-private partnerships or

20  that obtain federal match money. Preference ranking above the

21  special funding priority will be given to projects located in

22  a rural area of critical economic concern designated by the

23  Governor. Grant applications may be submitted by any person or

24  tribal entity, and eligible projects may include, but are not

25  limited to, the purchase of conservation and flowage

26  easements, hydrologic restoration of wetlands, creating

27  treatment wetlands, development of a management plan for

28  natural resources, and financial support to implement a

29  management plan.

30         6.a.  The department shall require all entities

31  disposing of domestic wastewater residuals within the Lake

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 1  Okeechobee watershed and the remaining areas of Okeechobee,

 2  Glades, and Hendry Counties to develop and submit to the

 3  department an agricultural use plan that limits applications

 4  based upon phosphorus loading. By July 1, 2005, phosphorus

 5  concentrations originating from these application sites shall

 6  not exceed the limits established in the district's WOD

 7  program.

 8         b.  Private and government-owned utilities within

 9  Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

10  River, Okeechobee, Highlands, Hendry, and Glades Counties that

11  dispose of wastewater residual sludge from utility operations

12  and septic removal by land spreading in the Lake Okeechobee

13  watershed may use a line item on local sewer rates to cover

14  wastewater residual treatment and disposal if such disposal

15  and treatment is done by approved alternative treatment

16  methodology at a facility located within the areas designated

17  by the Governor as rural areas of critical economic concern

18  pursuant to s. 288.0656. This additional line item is an

19  environmental protection disposal fee above the present sewer

20  rate and shall not be considered a part of the present sewer

21  rate to customers, notwithstanding provisions to the contrary

22  in chapter 367. The fee shall be established by the county

23  commission or its designated assignee in the county in which

24  the alternative method treatment facility is located. The fee

25  shall be calculated to be no higher than that necessary to

26  recover the facility's prudent cost of providing the service.

27  Upon request by an affected county commission, the Florida

28  Public Service Commission will provide assistance in

29  establishing the fee. Further, for utilities and utility

30  authorities that use the additional line item environmental

31  protection disposal fee, such fee shall not be considered a

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 1  rate increase under the rules of the Public Service Commission

 2  and shall be exempt from such rules. Utilities using the

 3  provisions of this section may immediately include in their

 4  sewer invoicing the new environmental protection disposal fee.

 5  Proceeds from this environmental protection disposal fee shall

 6  be used for treatment and disposal of wastewater residuals,

 7  including any treatment technology that helps reduce the

 8  volume of residuals that require final disposal, but such

 9  proceeds shall not be used for transportation or shipment

10  costs for disposal or any costs relating to the land

11  application of residuals in the Lake Okeechobee watershed.

12         c.  No less frequently than once every 3 years, the

13  Florida Public Service Commission or the county commission

14  through the services of an independent auditor shall perform a

15  financial audit of all facilities receiving compensation from

16  an environmental protection disposal fee. The Florida Public

17  Service Commission or the county commission through the

18  services of an independent auditor shall also perform an audit

19  of the methodology used in establishing the environmental

20  protection disposal fee. The Florida Public Service Commission

21  or the county commission shall, within 120 days after

22  completion of an audit, file the audit report with the

23  President of the Senate and the Speaker of the House of

24  Representatives and shall provide copies to the county

25  commissions of the counties set forth in sub-subparagraph b.

26  The books and records of any facilities receiving compensation

27  from an environmental protection disposal fee shall be open to

28  the Florida Public Service Commission and the Auditor General

29  for review upon request.

30         7.  The Department of Health shall require all entities

31  disposing of septage within the Lake Okeechobee watershed and

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 1  the remaining areas of Okeechobee, Glades, and Hendry Counties

 2  to develop and submit to that agency, by July 1, 2003, an

 3  agricultural use plan that limits applications based upon

 4  phosphorus loading.  By July 1, 2005, phosphorus

 5  concentrations originating from these application sites shall

 6  not exceed the limits established in the district's WOD

 7  program.

 8         8.  The Department of Agriculture and Consumer Services

 9  shall initiate rulemaking requiring entities within the Lake

10  Okeechobee watershed and the remaining areas of Okeechobee,

11  Glades, and Hendry Counties which land-apply animal manure to

12  develop conservation or nutrient management plans that limit

13  application, based upon phosphorus loading. Such rules may

14  include criteria and thresholds for the requirement to develop

15  a conservation or nutrient management plan, requirements for

16  plan approval, and recordkeeping requirements.

17         9.  Prior to authorizing a discharge into works of the

18  district, the district shall require responsible parties to

19  demonstrate that proposed changes in land use will not result

20  in increased phosphorus loading over that of existing land

21  uses.

22         10.  The district, the department, or the Department of

23  Agriculture and Consumer Services, as appropriate, shall

24  implement those alternative nutrient reduction technologies

25  determined to be feasible pursuant to subparagraph (d)6.

26         Section 16.  Subsection (1) of section 570.085, Florida

27  Statutes, is amended to read:

28         570.085  Department of Agriculture and Consumer

29  Services; agricultural water conservation.--The department

30  shall establish an agricultural water conservation program

31  that includes the following:

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 1         (1)  A cost-share program, coordinated where

 2  appropriate with the United States Department of Agriculture

 3  and other federal, state, regional, and local agencies, for

 4  irrigation system retrofit and application of mobile

 5  irrigation laboratory evaluations for water conservation as

 6  provided in this section and, where applicable, for water

 7  quality improvement pursuant to s. 403.067(7)(c) s.

 8  403.067(7)(d).

 9         Section 17.  Section 403.885, Florida Statutes, is

10  amended to read:

11         403.885  Storm water management; waste water

12  management; Water Quality Improvement and Water Restoration

13  Grant Program.--

14         (1)  The Department of Environmental Protection shall

15  develop and administer a competitive grant program to use

16  funds transferred pursuant to s. 212.20 to the Ecosystem

17  Management and Restoration Trust Fund or other moneys as

18  appropriated by the Legislature for storm water management,

19  waste water management, water quality improvement and water

20  restoration project grants. Eligible recipients of such grants

21  include counties, municipalities, water management districts,

22  and special districts that have legal responsibilities for

23  water quality improvement, water management, storm water

24  management, waste water management, and sewer system

25  operations, and lake and river water restoration projects.

26  Drinking water projects are not eligible for funding pursuant

27  to this section.

28         (2)  The competitive grant program shall provide for

29  the evaluation of annual grant proposals.  The department

30  shall evaluate such proposals to determine if they:

31         (a)  Protect public health and the environment.

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 1         (b)  Implement plans developed pursuant to the Surface

 2  Water Improvement and Management Act created in part IV of

 3  chapter 373, other water restoration plans required by law,

 4  management plans prepared pursuant to s. 403.067, or other

 5  plans adopted by local government for water quality

 6  improvement and water restoration.

 7         (3)  In addition to meeting the criteria in subsection

 8  (2), annual grant proposals must also meet the following

 9  requirements:

10         (a)  An application for a storm water management

11  project may be funded only if the application is approved by

12  the water management district with jurisdiction in the project

13  area. District approval must be based on a determination that

14  the project provides a benefit to a priority water body.

15         (b)  Except as provided in paragraph (c), an

16  application for a wastewater management project may be funded

17  only if:

18         1.  The project has been funded previously through a

19  line item in the General Appropriations Act; and

20         2.  The project is under construction.

21         (c)  An application for a wastewater management project

22  that would qualify as a water pollution control project and

23  activity in s. 403.1838 may be funded only if the project

24  sponsor has submitted an application to the department for

25  funding pursuant to that section.

26         (4)  All project applicants must provide local matching

27  funds as follows:

28         (a)  An applicant for state funding of a storm water

29  management project shall provide local matching funds equal to

30  at least 50 percent of the total cost of the project; and 

31  

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 1         (b)  An applicant for state funding of a wastewater

 2  management project shall provide matching funds equal to at

 3  least 25 percent of the total cost of the project.

 4  

 5  The requirement for matching funds may be waived if the

 6  applicant is a financially disadvantaged small local

 7  government as defined in subsection (5).

 8         (3)  The department shall evaluate the annual grant

 9  proposals and present the annual list of projects recommended

10  to be funded to the Governor and the Legislature as part of

11  its annual budget request submitted pursuant to chapter 216

12  beginning with fiscal year 2003-2004.

13         (5)(4)  Each fiscal year, at least 20 percent of the

14  funds available pursuant to this section subsection (1) shall

15  be used for projects to assist financially disadvantaged small

16  local governments. For purposes of this section, the term

17  "financially disadvantaged small local government" means a

18  municipality having a population of 7,500 or less, a county

19  having a population of 35,000 or less, according to the latest

20  decennial census and a per capita annual income less than the

21  state per capita annual income as determined by the United

22  States Department of Commerce, or a county in an area

23  designated by the Governor as a rural area of critical

24  economic concern pursuant to s. 288.0656. Grants made to these

25  eligible local governments shall not require matching local

26  funds.

27         (6)(5)  No later than February 1 of Each year, storm

28  water management and waste water management water quality

29  improvement projects and water restoration projects submitted

30  for funding through the legislative process shall be submitted

31  to the department by the appropriate fiscal committees of the

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 1  House of Representatives and the Senate. The department shall

 2  review the projects for funding eligibility and must, no later

 3  than March 1 of each year, provide each fiscal committee with

 4  a list of projects that appear to meet the eligibility

 5  requirements under this grant program.

 6         (6)  The department may adopt rules necessary to

 7  administer this section, including, but not limited to, rules

 8  governing timeframes for submitting grant applications,

 9  evaluation criteria, forms, matching criteria, maximum grant

10  amounts, and allocation of appropriated funds based upon

11  project and applicant size.

12         Section 18.  Section 403.890, Florida Statutes, is

13  created to read:

14         403.890  Water Protection and Sustainability Funding

15  Program; intent; goals; purposes.--

16         (1)  Revenues transferred from the Department of

17  Revenue pursuant to s. 215.6197 shall be deposited into the

18  Water Protection and Sustainability Program Trust Fund in the

19  Department of Environmental Protection.  Revenues shall be

20  distributed by the Department of Environmental Protection in

21  the following manner:

22         (a)  Forty-five percent to the Department of

23  Environmental Protection for the implementation of an

24  alternative water supply grant program as provided in s.

25  373.1961.

26         (b)  Twenty-five percent for the implementation of best

27  management practices and capital project expenditures

28  necessary for the implementation of the goals of the total

29  maximum daily loads program established in s. 403.067. Of

30  these funds, 85 percent shall be transferred to the credit of

31  the Department of Environmental Protection Water Quality

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 1  Assurance Trust Fund to address water quality impacts

 2  associated with nonagricultural nonpoint sources. Fifteen

 3  percent of these funds shall be transferred to the Department

 4  of Agriculture and Consumer Services General Inspection Trust

 5  Fund to address water quality impacts associated with

 6  agricultural nonpoint sources. These funds shall be used for

 7  research, development, demonstration, and implementation of

 8  suitable best management practices or other measures used to

 9  achieve water quality standards in surface waters and water

10  segments identified pursuant to ss. 303(d) of the Clean Water

11  Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.

12  Implementation of best management practices and other measures

13  may include cost-share grants, technical assistance,

14  implementation tracking, and conservation leases or other

15  agreements for water quality improvement.  The Department of

16  Environmental Protection and the Department of Agriculture and

17  Consumer Services may adopt rules governing the distribution

18  of funds for implementation of best management practices.

19  These funds shall not be used to abrogate the financial

20  responsibility of those point and nonpoint sources that have

21  contributed to the degradation of water or land areas.

22  Increased priority shall be given by the department and the

23  water management district governing boards to those projects

24  that have secured a cost-sharing agreement allocating

25  responsibility for the cleanup of point and nonpoint sources.

26         (c)  Fifteen percent shall be disbursed for the

27  purposes of funding projects pursuant to ss. 373.451 - 373.459

28  or surface water restoration activities in water management

29  district designated priority water bodies. The Secretary of

30  Environmental Protection shall ensure that each water

31  

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 1  management district receives the following percentage of funds

 2  annually:

 3         1.  Thirty-five percent to the South Florida Water

 4  Management District;

 5         2.  Twenty-five percent to the Southwest Florida Water

 6  Management District;

 7         3.  Twenty-five percent to the St. John's River Water

 8  Management District;

 9         4.  Seven and one-half percent to the Suwannee River

10  Water Management District; and

11         5.  Seven and one-half percent to the Northwest Florida

12  Water Management District.

13         (d)  Fifteen percent to the Department of Environmental

14  Protection for the implementation of the stormwater, drinking

15  water, and wastewater programs. These funds shall be divided

16  equally among the following programs:

17         1.  The Clean Water State Revolving Loan Grants Program

18  as provided in s. 403.1835;

19         2.  The Drinking Water State Revolving Loan Grant

20  Program as provided in s. 403.8532; and

21         3.  The Disadvantaged Small Community Wastewater Grant

22  Program as provided in s. 403.1838.

23  

24  Prior to the end of the 2008 Regular Session, the Legislature

25  must review the distribution of funds under the Water

26  Protection and Sustainability Program to determine if

27  revisions to the funding formula are required. At the

28  discretion of the President of the Senate and the Speaker of

29  the House of Representatives, the appropriate substantive

30  committees of the Legislature may conduct an interim project

31  to review the Water Protection and Sustainability Program and

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 1  the funding formula and make written recommendations to the

 2  Legislature proposing necessary changes, if any.

 3         Section 19.  This act shall take effect upon becoming a

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 444

 8                                 

 9  The committee substitute creates the "Florida Water Protection
    and Sustainability Program."  Funding is provided and a
10  distribution methodology is created.  Substantial changes are
    made to the Total Maximum Daily Load Program to address issues
11  concerning the adoption and implementation of the program.
    The committee substitute also makes a number of conforming
12  changes needed as a result of amendments to current statutes.
    In addition, the committee substitute creates new requirements
13  in local comprehensive planning provisions that address
    concurrency, required plan elements, and development of
14  evaluation and appraisal reports.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

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30  

31  

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