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Senate Bill 0444

Senate Bill sb0444c2

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    Florida Senate - 2005                     CS for CS for SB 444

    By the Committees on Governmental Oversight and Productivity;
    Environmental Preservation; and Senators Dockery and
    Argenziano



    585-2190-05

  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, the

  8         Invasive Plant Control Trust Fund of the

  9         Department of Environmental Protection, and the

10         General Inspection Trust Fund of the Department

11         of Agriculture and Consumer Services; creating

12         s. 215.6197, F.S.; establishing the Water

13         Protection and Sustainability Program;

14         authorizing the issuance of bonds; establishing

15         criteria for distribution of bonds for a

16         specified period; prohibiting the sale of bonds

17         under certain conditions; authorizing the

18         issuance of the water protection and

19         sustainability bonds in the best interest of

20         the state; amending s. 373.019, F.S.; defining

21         the terms "alternative water supply," "capital

22         costs," and "multijurisdictional water supply

23         entities"; amending s. 373.196, F.S.;

24         encouraging cooperation in the development of

25         water supplies; providing for alternative water

26         supply development; encouraging municipalities,

27         counties, and special districts to create

28         regional water supply authorities; establishing

29         the primary roles of the water management

30         district in alternative water supply

31         development; establishing the primary roles of

                                  1

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 1         local governments, regional water supply

 2         authorities, special districts, and publicly

 3         owned and privately owned water utilities in

 4         alternative water supply development; requiring

 5         the water management districts to detail the

 6         specific allocations to be used for alternative

 7         water supply development in their annual budget

 8         submission; amending s. 373.1961, F.S.;

 9         providing general powers and duties of the

10         water management districts in water production;

11         requiring that the water management districts

12         include the amount needed to implement the

13         water supply development projects in each

14         annual budget; establishing general funding

15         criteria for funding assistance to the state or

16         water management districts; establishing

17         economic incentives for alternative water

18         supply development; creating a funding formula

19         for the distribution of state funds to the

20         water management districts for alternative

21         water supply development; requiring that

22         funding assistance for alternative water supply

23         development be limited to a percentage of the

24         local capital costs of an approved project;

25         requiring that the governing board or

26         alternative water supplies advisory committee

27         recommend alternative water supply projects for

28         funding; establishing criteria; providing for

29         cost recovery from the Public Service

30         Commission; establishing criteria for funding

31         assistance for water reuse systems; amending s.

                                  2

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 1         373.1962, F.S.; clarifying that counties,

 2         municipalities, and special districts may

 3         execute interlocal agreements to create

 4         regional water supply authorities; amending s.

 5         373.223, F.S.; establishing criteria for

 6         certain water supply entities to be presumed to

 7         have a use consistent with the public interest

 8         for requirements for consumptive use

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

10         providing permits of at least 20 years for

11         development of alternative water supplies under

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

13         requiring that entities receiving state funding

14         for implementation of surface water improvement

15         and management projects provide a 50-percent

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

17         373.0361, F.S.; providing for the development

18         of regional water supply plans; providing

19         requirements for the content of each plan;

20         providing for an approval process for the

21         plans; providing for annual updates; providing

22         for local government use of the plans;

23         providing notification requirements for water

24         management districts concerning findings within

25         the plan; changing the deadline for certain

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

27         requiring a local government to incorporate

28         alternative water supply projects into the

29         comprehensive plan; requiring local governments

30         to identify specific projects needed; providing

31         for cooperative planning; amending s. 163.3180,

                                  3

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 1         F.S.; requiring adequate water supplies to

 2         serve new development; amending s. 163.3191,

 3         F.S.; requiring the evaluation and appraisal

 4         report to evaluate water supply sources;

 5         amending s. 403.067, F.S.; providing that

 6         initial allocation of allowable pollutant loads

 7         between point and nonpoint sources may be

 8         developed as part of a total maximum daily

 9         load; establishing criteria for establishing

10         initial and detailed allocations to attain

11         pollutant reductions; authorizing the

12         Department of Environmental Protection to adopt

13         phased total maximum daily loads that establish

14         incremental total maximum daily loads under

15         certain conditions; requiring the development

16         of basin management action plans; requiring

17         that basin management action plans integrate

18         the appropriate management strategies to

19         achieve the total maximum daily loads;

20         requiring that the plans establish a schedule

21         for implementing management strategies;

22         requiring that a basin management action plan

23         equitably allocate pollutant reductions to

24         individual basins; authorizing that plans may

25         provide pollutant load reduction credits to

26         dischargers that have implemented strategies to

27         reduce pollutant loads prior to the development

28         of the basin management action plan; requiring

29         that the plan identify mechanisms by which

30         potential future sources of pollution will be

31         addressed; requiring that the department assure

                                  4

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 1         key stakeholder participation in the basin

 2         management action planning process; requiring

 3         that the department hold at least one public

 4         meeting to discuss and receive comments during

 5         the planning process; providing notice

 6         requirements; requiring that the department

 7         adopt all or part of a basin management action

 8         plan by secretarial order pursuant to ch. 120,

 9         F.S.; requiring that basin management action

10         plans that alter that calculation or initial

11         allocation of a total maximum daily load, the

12         revised calculation, or initial allocation must

13         be adopted by rule; requiring periodic

14         evaluation of basin management action plans;

15         requiring that revisions to plans be made by

16         the department in cooperation with

17         stakeholders; providing for basin plan

18         revisions regarding nonpoint pollutant sources;

19         requiring that adopted basin management action

20         plans be included in subsequent NPDES permits

21         or permit modifications; providing that

22         implementation of a total maximum daily load or

23         basin management action plan for holders of an

24         NPDES municipal separate stormwater sewer

25         system permit may be achieved through the use

26         of best management practices; providing that

27         basin management action plans do not relieve a

28         discharger from the requirement to obtain,

29         renew, or modify an NPDES permit or to abide by

30         other requirements of the permit; requiring

31         that plan management strategies be completed

                                  5

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 1         pursuant to the schedule set forth in the basin

 2         management action plan and providing that the

 3         implementation schedule may extend beyond the

 4         term of an NPDES permit; providing that

 5         management strategies and pollution reduction

 6         requirements in a basin management action plan

 7         for a specific pollutant of concern are not

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

 9         the time they are incorporated, in identical

10         form, into a subsequent NPDES permit or permit

11         modification; requiring timely adoption and

12         implementation of pollutant reduction actions

13         for nonagricultural pollutant sources not

14         subject to NPDES permitting but regulated

15         pursuant to other state, regional, or local

16         regulatory programs; requiring timely

17         implementation of best management practices for

18         nonpoint pollutant source dischargers not

19         subject to permitting at the time a basin

20         management action plan is adopted; providing

21         for presumption of compliance under certain

22         circumstances; providing for enforcement action

23         by the department or a water management

24         district; requiring that a landowner,

25         discharger, or other responsible person that is

26         implementing management strategies specified in

27         an adopted basin management action plan will

28         not be required by permit, enforcement action,

29         or otherwise to implement additional management

30         strategies to reduce pollutant loads; providing

31         that the authority of the department to amend a

                                  6

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 1         basin management plan is not limited; requiring

 2         that the department verify at representative

 3         sites the effectiveness of interim measures,

 4         best management practices, and other measures

 5         adopted by rule; requiring that the department

 6         use its best professional judgment in making

 7         initial verifications that best management

 8         practices are not effective; requiring notice

 9         to the appropriate water management district

10         and the Department of Agriculture and Consumer

11         Services under certain conditions; establishing

12         a presumption of compliance for implementation

13         of practices initially verified to be effective

14         or verified to be effective at representative

15         sites; limiting the institution of proceedings

16         by the department against the owner of a source

17         of pollution to recover costs or damages

18         associated with the contamination of surface

19         water or groundwater caused by those

20         pollutants; requiring the Department of

21         Agriculture and Consumer Services to institute

22         a reevaluation of best management practices or

23         other measures where water quality problems are

24         detected or predicted during the development or

25         amendment of a basin management action plan;

26         providing for rule revisions; providing the

27         department with rulemaking authority; requiring

28         that a report be submitted to the Governor, the

29         President of the Senate, and the Speaker of the

30         House of Representatives containing

31         recommendations on rules for pollutant trading

                                  7

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    Florida Senate - 2005                     CS for CS for SB 444
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 1         prior to the adoption of those rules; requiring

 2         that recommendations be adopted in cooperation

 3         with a technical advisory committee containing

 4         experts in pollutant trading and

 5         representatives of potentially affected

 6         parties; deleting a requirement that no

 7         pollutant trading program shall become

 8         effective prior to review and ratification by

 9         the Legislature; amending ss. 373.4595 and

10         570.085, F.S.; correcting cross-references;

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

12         requirements relating to the department's grant

13         program for water quality improvement and water

14         restoration project grants; eliminating grants

15         for water quality improvement, water

16         management, and drinking water projects;

17         authorizing grants for wastewater management;

18         creating additional criteria for funding storm

19         water grants; requiring local matching funds;

20         providing an exception from matching fund

21         requirements for financially disadvantaged

22         small local governments; creating s. 403.890,

23         F.S.; establishing the Water Protection and

24         Sustainability Program; establishing a funding

25         formula for the distribution of revenues

26         generated by the bonding provisions as provided

27         in s. 215.6197, F.S.; establishing funding for

28         alternative water supply development as

29         provided in s. 373.1961, F.S., the development

30         and implementation of total maximum daily load

31         projects as provided in s. 403.067, F.S.,

                                  8

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 1         surface water improvement and management plans

 2         and programs as provided in ss. 373.451 and

 3         373.459, F.S., the Clean Water State Revolving

 4         Loan Grants Program as provided in s. 403.1835,

 5         F.S., the Drinking Water State Revolving Loan

 6         Grant Program as provided in s. 403.8532, F.S.,

 7         and the Disadvantaged Small Community

 8         Wastewater Grant Program as provided in s.

 9         403.1838, F.S.; providing for legislative

10         review; providing an effective date.

11  

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

13  

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

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

16  are amended, and subsection (15) is added to that section, to

17  read:

18         201.15  Distribution of taxes collected.--All taxes

19  collected under this chapter shall be distributed as follows

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

21  215.20(1), except that such service charge shall not be levied

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

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

24  required to pay any amounts relating to the bonds:

25         (1)  Sixty-two and sixty-three hundredths percent of

26  the remaining taxes collected under this chapter shall be used

27  for the following purposes:

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

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

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

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

                                  9

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 1  expended for the purposes for which the General Revenue Fund

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

 3  and Restoration Trust Fund, or to the Marine Resources

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

 5  the Water Protection and Sustainability Program Trust Fund of

 6  the Department of Environmental Protection as provided in s.

 7  215.6197. Moneys available under this paragraph shall first be

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

 9  sustainability bonds or to make any other payments required by

10  the bond documents authorizing the issuance before such moneys

11  are used for other purposes authorized by this paragraph.

12         (6)  Two and fifty-three twenty-eight hundredths

13  percent of the remaining taxes collected under this chapter

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

15  Invasive Plant Control Trust Fund to carry out the purposes

16  set forth in ss. 369.22 and 369.252.

17         (8)  One-quarter of one percent of the remaining taxes

18  collected under this chapter shall be paid into the State

19  Treasury to the credit of the Department of Agriculture and

20  Consumer Services General Inspection Trust Fund to address

21  water-quality impacts associated with agricultural nonpoint

22  sources. One-half of one percent of the remaining taxes

23  collected under this chapter shall be paid into the State

24  Treasury and divided equally to the credit of the Department

25  of Environmental Protection Water Quality Assurance Trust Fund

26  to address water quality impacts associated with

27  nonagricultural nonpoint sources and to the credit of the

28  Department of Agriculture and Consumer Services General

29  Inspection Trust Fund to address water quality impacts

30  associated with agricultural nonpoint sources, respectively.

31  These funds shall be used for research, development,

                                  10

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 1  demonstration, and implementation of suitable best management

 2  practices or other measures used to achieve water quality

 3  standards in surface waters and water segments identified

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

 5  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

 6  management practices and other measures may include cost-share

 7  grants, technical assistance, implementation tracking, and

 8  conservation leases or other agreements for water quality

 9  improvement. The Department of Environmental Protection and

10  the Department of Agriculture and Consumer Services may adopt

11  rules governing the distribution of funds for implementation

12  of best management practices. The unobligated balance of funds

13  received from the distribution of taxes collected under this

14  chapter to address water quality impacts associated with

15  nonagricultural nonpoint sources will be excluded when

16  calculating the unobligated balance of the Water Quality

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

18  applicable excise tax rate.

19         (15)  Each fiscal year, the Legislature should use

20  nonrecurring revenue sources, when available, for all or a

21  portion of the annual $500 million funding in lieu of issuing

22  bonds for the Water Protection and Sustainability Program

23  created in s. 215.6197.

24         Section 2.  Section 215.6197, Florida Statutes, is

25  created to read:

26         215.6197  Bonds for Water Protection and Sustainability

27  Program.--

28         (1)  The issuance of water protection and

29  sustainability bonds is authorized. The water protection and

30  sustainability bonds may be issued over the next 10 fiscal

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

                                  11

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 1  $500 million in any fiscal year, subject to s. 403.890 and s.

 2  11(e), Art. VII of the State Constitution. The duration of

 3  each series of bonds issued may not exceed 20 annual

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

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

 6  coming due in the year of issuance has been specifically

 7  appropriated in the General Appropriations Act.

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

 9  protection and sustainability bonds that, as long as the bonds

10  are outstanding, it will not take any action that will

11  materially and adversely affect the rights of such holders,

12  including, but not limited to, a reduction in the portion of

13  documentary stamp taxes distributable to the Water Protection

14  and Sustainability Program Trust Fund of the Department of

15  Environmental Protection for payment of debt service.

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

17  from taxes distributable to the Water Protection and

18  Sustainability Program Trust Fund of the Department of

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

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

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

22         (4)  The Department of Environmental Protection shall

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

24  Administration to issue the water protection and

25  sustainability bonds authorized by this section. The Division

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

27  Bond Act.

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

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

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

31  shall be deposited into the Water Protection and

                                  12

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 1  Sustainability Program Trust Fund of the Department of

 2  Environmental Protection as provided in s. 403.890.

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

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

 5  interests acquired or improved with proceeds of water

 6  protection and sustainability bonds which would cause all or

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

 8  exclusion from gross income for federal income tax purposes is

 9  prohibited.

10         (7)  The initial series of water protection and

11  sustainability bonds shall be validated in addition to any

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

13  complaint for validation of bonds issued under this section

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

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

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

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

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

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

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

21  Florida Statutes, the Legislature determines that the issuance

22  of water protection and sustainability bonds under section 2

23  is in the best interest of the state and should be

24  implemented.

25         Section 4.  Section 373.019, Florida Statutes, is

26  amended to read:

27         373.019  Definitions.--When appearing in this chapter

28  or in any rule, regulation, or order adopted pursuant thereto,

29  the term following words shall, unless the context clearly

30  indicates otherwise, mean:

31  

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 1         (1)  "Alternative water supplies" means salt water;

 2  brackish surface and groundwater; surface water captured

 3  predominately during wet-weather flows; sources made available

 4  through the addition of new storage capacity for surface or

 5  groundwater, water that has been reclaimed after one or more

 6  public supply, municipal, industrial, commercial, or

 7  agricultural uses; the downstream augmentation of water bodies

 8  with reclaimed water; stormwater; and any other water supply

 9  source that is designated as nontraditional for a water supply

10  planning region in the applicable regional water supply plan.

11         (2)  "Capital costs" means planning, design,

12  engineering, and project construction costs. Any use of bond

13  proceeds to pay these costs which would cause all or any

14  portion of the interest of such bonds to lose the exclusion

15  from gross income for federal income tax purposes is

16  prohibited.

17         (3)(1)  "Coastal waters" means waters of the Atlantic

18  Ocean or the Gulf of Mexico within the jurisdiction of the

19  state.

20         (4)(2)  "Department" means the Department of

21  Environmental Protection or its successor agency or agencies.

22         (5)(3)  "District water management plan" means the

23  regional water resource plan developed by a governing board

24  under s. 373.036.

25         (6)(4)  "Domestic use" means the use of water for the

26  individual personal household purposes of drinking, bathing,

27  cooking, or sanitation. All other uses shall not be considered

28  domestic.

29         (7)(5)  "Florida water plan" means the state-level

30  water resource plan developed by the department under s.

31  373.036.

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 1         (8)(6)  "Governing board" means the governing board of

 2  a water management district.

 3         (9)(7)  "Groundwater" means water beneath the surface

 4  of the ground, whether or not flowing through known and

 5  definite channels.

 6         (10)(8)  "Impoundment" means any lake, reservoir, pond,

 7  or other containment of surface water occupying a bed or

 8  depression in the earth's surface and having a discernible

 9  shoreline.

10         (11)(9)  "Independent scientific peer review" means the

11  review of scientific data, theories, and methodologies by a

12  panel of independent, recognized experts in the fields of

13  hydrology, hydrogeology, limnology, and other scientific

14  disciplines relevant to the matters being reviewed under s.

15  373.042.

16         (12)  "Multijurisdictional water supply entity" means

17  two or more water utilities or local governments that have

18  organized into a larger entity, or entered into an interlocal

19  agreement or contract, for the purpose of more efficiently

20  pursuing water supply development or alternative water supply

21  development projects listed pursuant to a regional water

22  supply plan.

23         (13)(10)  "Nonregulated use" means any use of water

24  which is exempted from regulation by the provisions of this

25  chapter.

26         (14)(11)  "Other watercourse" means any canal, ditch,

27  or other artificial watercourse in which water usually flows

28  in a defined bed or channel.  It is not essential that the

29  flowing be uniform or uninterrupted.

30         (15)(12)  "Person" means any and all persons, natural

31  or artificial, including any individual, firm, association,

                                  15

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 1  organization, partnership, business trust, corporation,

 2  company, the United States of America, and the state and all

 3  political subdivisions, regions, districts, municipalities,

 4  and public agencies thereof.  The enumeration herein is not

 5  intended to be exclusive or exhaustive.

 6         (16)(13)  "Reasonable-beneficial use" means the use of

 7  water in such quantity as is necessary for economic and

 8  efficient utilization for a purpose and in a manner which is

 9  both reasonable and consistent with the public interest.

10         (17)(14)  "Regional water supply plan" means a detailed

11  water supply plan developed by a governing board under s.

12  373.0361.

13         (18)(15)  "Stream" means any river, creek, slough, or

14  natural watercourse in which water usually flows in a defined

15  bed or channel.  It is not essential that the flowing be

16  uniform or uninterrupted. The fact that some part of the bed

17  or channel has been dredged or improved does not prevent the

18  watercourse from being a stream.

19         (19)(16)  "Surface water" means water upon the surface

20  of the earth, whether contained in bounds created naturally or

21  artificially or diffused. Water from natural springs shall be

22  classified as surface water when it exits from the spring onto

23  the earth's surface.

24         (20)(17)  "Water" or "waters in the state" means any

25  and all water on or beneath the surface of the ground or in

26  the atmosphere, including natural or artificial watercourses,

27  lakes, ponds, or diffused surface water and water percolating,

28  standing, or flowing beneath the surface of the ground, as

29  well as all coastal waters within the jurisdiction of the

30  state.

31  

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 1         (21)(18)  "Water management district" means any flood

 2  control, resource management, or water management district

 3  operating under the authority of this chapter.

 4         (22)(19)  "Water resource development" means the

 5  formulation and implementation of regional water resource

 6  management strategies, including the collection and evaluation

 7  of surface water and groundwater data; structural and

 8  nonstructural programs to protect and manage water resources;

 9  the development of regional water resource implementation

10  programs; the construction, operation, and maintenance of

11  major public works facilities to provide for flood control,

12  surface and underground water storage, and groundwater

13  recharge augmentation; and related technical assistance to

14  local governments and to government-owned and privately owned

15  water utilities.

16         (23)(20)  "Water resource implementation rule" means

17  the rule authorized by s. 373.036, which sets forth goals,

18  objectives, and guidance for the development and review of

19  programs, rules, and plans relating to water resources, based

20  on statutory policies and directives. The waters of the state

21  are among its most basic resources. Such waters should be

22  managed to conserve and protect water resources and to realize

23  the full beneficial use of these resources.

24         (24)(21)  "Water supply development" means the

25  planning, design, construction, operation, and maintenance of

26  public or private facilities for water collection, production,

27  treatment, transmission, or distribution for sale, resale, or

28  end use.

29         (25)(22)  For the sole purpose of serving as the basis

30  for the unified statewide methodology adopted pursuant to s.

31  373.421(1), as amended, "wetlands" means those areas that are

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 1  inundated or saturated by surface water or groundwater at a

 2  frequency and a duration sufficient to support, and under

 3  normal circumstances do support, a prevalence of vegetation

 4  typically adapted for life in saturated soils.  Soils present

 5  in wetlands generally are classified as hydric or alluvial, or

 6  possess characteristics that are associated with reducing soil

 7  conditions. The prevalent vegetation in wetlands generally

 8  consists of facultative or obligate hydrophytic macrophytes

 9  that are typically adapted to areas having soil conditions

10  described above. These species, due to morphological,

11  physiological, or reproductive adaptations, have the ability

12  to grow, reproduce, or persist in aquatic environments or

13  anaerobic soil conditions.  Florida wetlands generally include

14  swamps, marshes, bayheads, bogs, cypress domes and strands,

15  sloughs, wet prairies, riverine swamps and marshes, hydric

16  seepage slopes, tidal marshes, mangrove swamps and other

17  similar areas.  Florida wetlands generally do not include

18  longleaf or slash pine flatwoods with an understory dominated

19  by saw palmetto. Upon legislative ratification of the

20  methodology adopted pursuant to s. 373.421(1), as amended, the

21  limitation contained herein regarding the purpose of this

22  definition shall cease to be effective.

23         (26)(23)  "Works of the district" means those projects

24  and works, including, but not limited to, structures,

25  impoundments, wells, streams, and other watercourses, together

26  with the appurtenant facilities and accompanying lands, which

27  have been officially adopted by the governing board of the

28  district as works of the district.

29         Section 5.  Section 373.196, Florida Statutes, is

30  amended to read:

31         (Substantial rewording of section. See

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 1         s. 373.196, F.S., for present text.)

 2         373.196  Alternative water supply development.--

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

 4  cooperation in the development of water supplies and to

 5  provide for alternative water supply development.

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

 7  the needs of a rapidly growing population and the needs of the

 8  environment, agriculture, industry, and mining will continue

 9  to increase.

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

11  water supplies for Florida to sustain its economic growth,

12  economic viability, and natural resources.

13         (c)  Cooperative efforts between municipalities,

14  counties, special districts, water management districts, and

15  the Department of Environmental Protection are mandatory in

16  order to meet the water needs of rapidly urbanizing areas in a

17  manner that will supply adequate and dependable supplies of

18  water where needed without resulting in adverse effects upon

19  the areas from which such water is withdrawn. Such efforts

20  should use all practical means of obtaining water, including,

21  but not limited to, withdrawals of surface water and

22  groundwater, reuse, and desalinization, and will necessitate

23  not only cooperation but also well-coordinated activities.

24  Municipalities, counties, and special districts are encouraged

25  to create regional water supply authorities as authorized in

26  s. 373.1962 or multijurisdictional water supply entities.

27         (d)  Alternative water supply development must receive

28  priority funding attention to increase the available supplies

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

30  uses and to benefit the natural systems.

31  

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 1         (e)  Cooperation between counties, municipalities,

 2  regional water supply authorities, multijurisdictional water

 3  supply entities, special districts, and publicly owned and

 4  privately owned water utilities in the development of

 5  countywide and multi-countywide alternative water supply

 6  projects will allow for necessary economies of scale and

 7  efficiencies to be achieved in order to accelerate the

 8  development of new, dependable, and sustainable alternative

 9  water supplies.

10         (f)  It is in the public interest that county,

11  municipal, industrial, agricultural, and other public and

12  private water users, the Department of Environmental

13  Protection, and the water management districts cooperate and

14  work together in the development of alternative water supplies

15  to avoid the adverse effects of competition for limited

16  supplies of water. Public moneys or services provided to

17  private entities for alternative water supply development may

18  constitute public purposes that also are in the public

19  interest.

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

21  existing and future reasonable-beneficial uses and the natural

22  systems, and the adverse effects of competition for water

23  supplies must be avoided.

24         (b)  Water supply development and alternative water

25  supply development must be conducted in coordination with

26  water management district regional water supply planning.

27         (c)  Funding for the development of alternative water

28  supplies shall be a shared responsibility of water suppliers

29  and users, the State of Florida, and the water management

30  districts, with water suppliers and users having the primary

31  responsibility and the State of Florida and the water

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 1  management districts being responsible for providing funding

 2  assistance.

 3         (3)  The primary roles of the water management

 4  districts in water resource development as it relates to

 5  supporting alternative water resource development are:

 6         (a)  The formulation and implementation of regional

 7  water resource management strategies that support alternative

 8  water supply development;

 9         (b)  The collection and evaluation of surface water and

10  groundwater data to be used for a planning level assessment of

11  the feasibility of alternative water supply development

12  projects;

13         (c)  The construction, operation, and maintenance of

14  major public works facilities for flood control, surface and

15  underground water storage, and groundwater recharge

16  augmentation to support alternative water supply development;

17         (d)  Planning for alternative water supply development

18  as provided in regional water supply plans in coordination

19  with local governments, regional water supply authorities,

20  multijurisdictional water supply entities, special districts,

21  and publicly owned and privately owned water utilities and

22  self-suppliers;

23         (e)  The formulation and implementation of structural

24  and nonstructural programs to protect and manage water

25  resources in support of alternative water supply projects; and

26         (f)  The provision of technical and financial

27  assistance to local governments and publicly owned and

28  privately owned water utilities for alternative water supply

29  projects.

30         (4)  The primary roles of local government, regional

31  water supply authorities, multijurisdictional water supply

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 1  entities, special districts, and publicly owned and privately

 2  owned water utilities in alternative water supply development

 3  shall be:

 4         (a)  The planning, design, construction, operation, and

 5  maintenance of alternative water supply development projects,

 6  with funding assistance from the state and the water

 7  management districts;

 8         (b)  The formulation and implementation of alternative

 9  water supply development strategies and programs;

10         (c)  The planning, design, construction, operation, and

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

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

13  and

14         (d)  The coordination of alternative water supply

15  development activities with the appropriate water management

16  district having jurisdiction over the activity.

17         (5)  Nothing in this section shall be construed to

18  preclude the various special districts, municipalities, and

19  counties from continuing to operate existing water production

20  and transmission facilities or to enter into cooperative

21  agreements with other special districts, municipalities, and

22  counties for the purpose of meeting their respective needs for

23  dependable and adequate supplies of water; however, the

24  obtaining of water through such operations shall not be done

25  in a manner that results in adverse effects upon the areas

26  from which such water is withdrawn.

27         (6)(a)  The statewide funds provided pursuant to the

28  Water Protection and Sustainability Program serve to

29  supplement existing water management district funding for

30  alternative water supply development assistance and should not

31  result in a reduction of such funding. Therefore, the water

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 1  management districts shall include, in the annual tentative

 2  and adopted budget submittals required under this chapter the

 3  amount of funds allocated for water resource development that

 4  supports alternative water supply development and the funds

 5  allocated for alternative water supply projects selected for

 6  inclusion in the Water Protection and Sustainability Program.

 7  It shall be the goal of each water management district that

 8  the combined funds allocated annually for these purposes be,

 9  at a minimum, the equivalent of 25 percent of the state

10  funding provided to the water management district for

11  alternative water supply development. If this goal is not

12  achieved, the water management district shall provide in the

13  budget submittal an explanation of the reasons or constraints

14  that prevent this goal from being met.

15         (b)  State funds from the Water Protection and

16  Sustainability Program created in s. 403.890 shall be made

17  available for financial assistance for the capital costs of

18  alternative water supply development projects selected by a

19  water management district governing board for inclusion in the

20  program.

21         Section 6.  Section 373.1961, Florida Statutes, is

22  amended to read:

23         373.1961  Water production; general powers and duties;

24  identification of needs; funding criteria; economic

25  incentives; reuse funding.--

26         (1)  POWERS AND DUTIES OF BOARD.--In the performance

27  of, and in conjunction with, its other powers and duties, the

28  governing board of a water management district existing

29  pursuant to this chapter:

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

31  municipalities, special districts, publicly owned and

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 1  privately owned water private utilities, multijurisdictional

 2  water supply entities, or regional water supply authorities in

 3  meeting water supply needs in such manner as will give

 4  priority to encouraging conservation and reducing adverse

 5  environmental effects of improper or excessive withdrawals of

 6  water from concentrated areas.  As used in this section and s.

 7  373.196, regional water supply authorities are regional water

 8  authorities created under s. 373.1962 or other laws of this

 9  state.

10         (b)  Shall assist counties, municipalities, special

11  districts, publicly owned or privately owned water private

12  utilities, multijurisdictional water supply entities, or

13  regional water supply authorities in meeting water supply

14  needs in such manner as will give priority to encouraging

15  conservation and reducing adverse environmental effects of

16  improper or excessive withdrawals of water from concentrated

17  areas.

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

19  maintain water production and transmission facilities for the

20  purpose of supplying water to counties, municipalities,

21  special districts, publicly owned and privately owned water

22  private utilities, multijurisdictional water supply entities,

23  or regional water supply authorities.  The permit required by

24  part II of this chapter for a water management district

25  engaged in water production and transmission shall be granted,

26  denied, or granted with conditions by the department.

27         (d)  Shall not engage in local water supply

28  distribution.

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

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

31  reasonable and beneficial use of water which is required to

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 1  supply adequately the reasonable and beneficial needs of the

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

 3         (f)  May provide water and financial assistance to

 4  regional water supply authorities, but may not provide water

 5  to counties and municipalities which are located within the

 6  area of such authority without the specific approval of the

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

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

 9  Water Adjudicatory Commission.  The district may supply water

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

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

12  specifically approved by the Governor and Cabinet sitting as

13  the Land and Water Adjudicatory Commission.

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

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

16  domain, or otherwise, for water production and transmission

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

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

19  granted to acquire water and water rights already devoted to

20  reasonable and beneficial use or any water production or

21  transmission facilities owned by any county, municipality, or

22  regional water supply authority.  The district may exercise

23  eminent domain powers outside of its district boundaries for

24  the acquisition of pumpage facilities, storage areas,

25  transmission facilities, and the normal appurtenances thereto,

26  provided that at least 45 days prior to the exercise of

27  eminent domain, the district notifies the district where the

28  property is located after public notice and the district where

29  the property is located does not object within 45 days after

30  notification of such exercise of eminent domain authority.

31  

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

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

 3  purposes of paying the costs and expenses incurred in carrying

 4  out the purposes of this chapter or refunding obligations of

 5  the district issued pursuant to this section.  Such revenue

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

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

 8  production and transmission facilities and other water-related

 9  facilities and from the sale of water or services relating

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

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

12  Management Lands Trust Fund or from ad valorem taxes received

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

14  issuance of revenue bonds which are not inconsistent with this

15  section shall apply to the issuance of revenue bonds pursuant

16  to this section.  The district may also issue bond

17  anticipation notes in accordance with the provisions of s.

18  373.584.

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

20  districts, counties, municipalities, special districts,

21  publicly owned or privately owned water private utilities,

22  multijurisdictional water supply entities, or regional water

23  supply authorities for the purpose of carrying out any of its

24  powers, and may contract with such other entities to finance

25  acquisitions, construction, operation, and maintenance.  The

26  contract may provide for contributions to be made by each

27  party thereto, for the division and apportionment of the

28  expenses of acquisitions, construction, operation, and

29  maintenance, and for the division and apportionment of the

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

31  

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 1  contain other covenants and agreements necessary and

 2  appropriate to accomplish their purposes.

 3         (2)  IDENTIFICATION OF WATER SUPPLY NEEDS IN DISTRICT

 4  BUDGET.--The water management district shall implement its

 5  responsibilities as expeditiously as possible in areas subject

 6  to regional water supply plans. Each district's governing

 7  board shall include in its annual budget the amount needed for

 8  the fiscal year to assist in implementing alternative water

 9  supply development projects. The Legislature finds that, due

10  to a combination of factors, vastly increased demands have

11  been placed on natural supplies of fresh water, and that,

12  absent increased development of alternative water supplies,

13  such demands may increase in the future. The Legislature also

14  finds that potential exists in the state for the production of

15  significant quantities of alternative water supplies,

16  including reclaimed water, and that water production includes

17  the development of alternative water supplies, including

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

19  Legislature that utilities develop reclaimed water systems,

20  where reclaimed water is the most appropriate alternative

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

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

23  to construct reclaimed water system infrastructure to their

24  owned or operated properties and facilities where they have

25  reclamation capability. It is also the intent of the

26  Legislature that

27         (3)  FUNDING.--

28         (a)  The water management districts and the state shall

29  which levy ad valorem taxes for water management purposes

30  should share a percentage of those tax revenues with water

31  providers and users, including local governments, water,

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 1  wastewater, and reuse utilities, municipal, special district,

 2  industrial, and agricultural water users, and other public and

 3  private water users, to be used to supplement other funding

 4  sources in the development of alternative water supplies. The

 5  Legislature finds that public moneys or services provided to

 6  private entities for such uses constitute public purposes

 7  which are in the public interest. In order to further the

 8  development and use of alternative water supply systems,

 9  including reclaimed water systems, the Legislature provides

10  the following:

11         (b)  Beginning in fiscal year 2005-2006, the state

12  shall annually provide a portion of those revenues received

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

14  purpose of providing funding assistance for the development of

15  alternative water supplies pursuant to the Water Protection

16  and Sustainability Program.  At the beginning of each fiscal

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

18  shall be distributed by the department into the alternative

19  water supply trust fund accounts created by each district for

20  the purpose of alternative supply development under the

21  following funding formula:

22         1.  Forty percent to the South Florida Water Management

23  District;

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

25  Management District;

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

27  Management District;

28         4.  Five percent to the Suwannee River Water Management

29  District; and

30         5.  Five percent to the Northwest Florida Water

31  Management District.

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 1         (c)  The financial assistance for alternative water

 2  supply projects allocated in each district's budget as

 3  required in s. 373.196(6) shall be combined with the state

 4  funds and used to assist in funding the capital costs of

 5  alternative water supply projects selected by the governing

 6  board. If the district has not completed any regional water

 7  supply plan, or the regional water supply plan does not

 8  identify the need for any alternative water supply projects,

 9  funds deposited in that district's trust fund may be used for

10  water resource development projects, including, but not

11  limited to, springs protection.

12         (d)  All projects submitted to the governing board for

13  consideration shall reflect the total capital cost for

14  implementation.  The costs shall be segregated pursuant to the

15  categories described in the definition of capital costs.

16         (e)  Applicants for projects that may receive funding

17  assistance pursuant to the Water Protection and Sustainability

18  Program shall, at a minimum, be required to pay 60 percent of

19  the project's capital costs. The water management districts

20  may, at their discretion, totally or partially waive this

21  requirement for projects sponsored by financially

22  disadvantaged small local governments as defined in s.

23  403.885(4).

24         (f)  The governing boards shall determine those

25  projects that will be selected for financial assistance.  The

26  governing boards may establish factors to determine project

27  funding; however, significant weight shall be given to the

28  following factors:

29         1.  Whether the project provides substantial

30  environmental benefits by preventing or limiting adverse water

31  resource impacts.

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 1         2.  Whether the project reduces competition for water

 2  supplies.

 3         3.  Whether the project brings about replacement of

 4  traditional sources in order to help implement a minimum flow

 5  or level or a reservation.

 6         4.  Whether the project will be implemented by a

 7  consumptive use permittee that has achieved the targets

 8  contained in a goal-based water conservation program approved

 9  pursuant to s. 373.227.

10         5.  The quantity of water supplied by the project as

11  compared to its cost.

12         6.  Projects in which the construction and delivery to

13  end users of reuse water is a major component.

14         7.  Whether the project will be implemented by a

15  multijurisdictional water supply entity or regional water

16  supply authority.

17         (g)  Additional factors to be considered in determining

18  project funding shall include:

19         1.  Whether the project is part of a plan to implement

20  two or more alternative water supply projects, all of which

21  will be operated to produce water at a uniform rate for the

22  participants in a multijurisdictional water supply entity or

23  regional water supply authority.

24         2.  The percentage of project costs to be funded by the

25  water supplier or water user.

26         3.  Whether the project proposal includes sufficient

27  preliminary planning and engineering to demonstrate that the

28  project can reasonably be implemented within the timeframes

29  provided in the regional water supply plan.

30         4.  Whether the project is a subsequent phase of an

31  alternative water supply project that is underway.

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 1         5.  Whether and in what percentage a local government

 2  or local government utility is transferring water supply

 3  system revenues to the local government general fund in excess

 4  of reimbursements for services received from the general fund,

 5  including direct and indirect costs and legitimate payments in

 6  lieu of taxes.

 7         (h)  After conducting one or more meetings to solicit

 8  public input on eligible projects for implementation of

 9  alternative water supply projects, the governing board of each

10  water management district shall select projects for funding

11  assistance based upon the criteria set forth in paragraphs (f)

12  and (g). The governing board may select a project identified

13  or listed as an alternative water supply development project

14  in the regional water supply plan, or allocate up to 20

15  percent of the funding for alternative water supply projects

16  that are not identified or listed in the regional water supply

17  plan but are consistent with the goals of the plan.

18         (a)  The governing boards of the water management

19  districts where water resource caution areas have been

20  designated shall include in their annual budgets an amount for

21  the development of alternative water supply systems, including

22  reclaimed water systems, pursuant to the requirements of this

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

24  available to water providers and users no later than December

25  31 of each year, through grants, matching grants, revolving

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

27  the requirements of this subsection and guidelines established

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

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

30         (i)  Without diminishing amounts available through

31  other means described in this paragraph, the governing boards

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 1  are encouraged to consider establishing revolving loan funds

 2  to expand the total funds available to accomplish the

 3  objectives of this section. A revolving loan fund created

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

 5  water management district may make loans with interest rates

 6  below prevailing market rates to public or private entities

 7  for the purposes described in this section. The governing

 8  board may adopt resolutions to establish revolving loan funds

 9  which must specify the details of the administration of the

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

11  criteria for awarding loans from the fund, the initial

12  capitalization of the fund, and the goals for future

13  capitalization of the fund in subsequent budget years.

14  Revolving loan funds created under this paragraph must be used

15  to expand the total sums and sources of cooperative funding

16  available for the development of alternative water supplies.

17  The Legislature does not intend for the creation of revolving

18  loan funds to supplant or otherwise reduce existing sources or

19  amounts of funds currently available through other means.

20         (j)  For each utility that receives financial

21  assistance from the state or a water management district for

22  alternative water supply development projects, the appropriate

23  rate-setting authority must develop rate structures for all

24  water, wastewater, and other alternative water facilities in

25  the service area of the utility receiving assistance. Rate

26  structures must:

27         1.  Promote the development of alternative water supply

28  systems;

29         2.  Promote the conservation of water;

30  

31  

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 1         3.  Appropriately distribute costs among all the users

 2  of water, wastewater, and alternative water supplies within

 3  the service area; and

 4         4.  Prohibit rate discrimination within classes of

 5  utility users.

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

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

 8  funds pursuant to this subsection, the appropriate

 9  rate-setting authorities should develop rate structures for

10  all water, wastewater, and reclaimed water and other

11  alternative water supply utilities in the service area of the

12  funded utility, which accomplish the following:

13         1.  Provide meaningful progress toward the development

14  and implementation of alternative water supply systems,

15  including reclaimed water systems;

16         2.  Promote the conservation of fresh water withdrawn

17  from natural systems;

18         3.  Provide for an appropriate distribution of costs

19  for all water, wastewater, and alternative water supply

20  utilities, including reclaimed water utilities, among all of

21  the users of those utilities; and

22         4.  Prohibit rate discrimination within classes of

23  utility users.

24         (c)  Funding assistance provided by the water

25  management districts for a water reuse system project may

26  include the following grant or loan conditions for that

27  project if the water management district determines that such

28  conditions will encourage water use efficiency:

29         1.  Metering of reclaimed water use for the following

30  activities: residential irrigation, agricultural irrigation,

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

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 1  366.02(2), landscape irrigation, irrigation of other public

 2  access areas, commercial and institutional uses such as toilet

 3  flushing, and transfers to other reclaimed water utilities.

 4         2.  Implementation of reclaimed water rate structures

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

 6  activities listed in subparagraph 1.

 7         3.  Implementation of education programs to inform the

 8  public about water issues, water conservation, and the

 9  importance and proper use of reclaimed water.

10         4.  Development of location data for key reuse

11  facilities.

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

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

14  government comprehensive plan and the governing body of the

15  local government must require all appropriate new facilities

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

17  project's alternative water supplies. The appropriate local

18  government must provide written notification to the

19  appropriate district that the proposed project is consistent

20  with the local government comprehensive plan.

21         (e)  Any and all revenues disbursed pursuant to this

22  subsection shall be applied only for the payment of capital or

23  infrastructure costs for the construction of alternative water

24  supply systems that provide alternative water supplies.

25         (k)(f)  By January 1 of each year, The governing boards

26  shall establish a process make available written guidelines

27  for the disbursal of revenues pursuant to this subsection.

28  Such guidelines shall include at minimum:

29         1.  An application process and a deadline for filing

30  applications annually.

31  

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 1         2.  A process for determining project eligibility

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

 3         3.  A process and criteria for funding projects

 4  pursuant to this subsection that cross district boundaries or

 5  that serve more than one district.

 6         (g)  The governing board of each water management

 7  district shall establish an alternative water supplies grants

 8  advisory committee to recommend to the governing board

 9  projects for funding pursuant to this subsection. The advisory

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

11  more representatives of county, municipal, and investor-owned

12  private utilities, and may include, but not be limited to,

13  representatives of agricultural interests and environmental

14  interests. Each committee member shall represent his or her

15  interest group as a whole and shall not represent any specific

16  entity. The committee shall apply the guidelines and project

17  eligibility criteria established by the governing board in

18  reviewing proposed projects. After one or more hearings to

19  solicit public input on eligible projects, the committee shall

20  rank the eligible projects and shall submit them to the

21  governing board for final funding approval. The advisory

22  committee may submit to the governing board more projects than

23  the available grant money would fund.

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

25  to this subsection must be encumbered annually by the

26  governing board when if it approves projects sufficient to

27  expend the available revenues. Funds must be disbursed within

28  36 months after encumbrance.

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

30  supplies are supplies of water that have been reclaimed after

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

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

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

 3  with applicable rules and standards sufficient to supply the

 4  intended use.

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

 6  rulemaking requirements of chapter 120.

 7         (n)(k)  By March 1 January 30 of each year, as part of

 8  a consolidated annual report, each water management district

 9  shall submit a an annual report to the Governor, the President

10  of the Senate, and the Speaker of the House of Representatives

11  which accounts for the disbursal of all budgeted amounts

12  pursuant to this section subsection. Such report shall

13  describe all alternative water supply projects funded as well

14  as the quantity of new water to be created as a result of such

15  projects and shall account separately for any other moneys

16  provided through grants, matching grants, revolving loans, and

17  the use of district lands or facilities to implement regional

18  water supply plans.

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

20  allow entities under its jurisdiction constructing or

21  participating in constructing facilities that provide

22  alternative water supplies supply facilities, including but

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

24  their the full, prudently incurred cost of constructing such

25  facilities through their rate structure. If construction of a

26  facility or participation in construction is pursuant to or in

27  furtherance of a regional water supply plan, the cost shall be

28  deemed to be prudently incurred. Every component of an

29  alternative water supply facility constructed by an

30  investor-owned utility shall be recovered in current rates.

31  

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 1  Any state or water management district cost-share is not

 2  subject to the recovery provisions allowed in this paragraph.

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

 4  the water management districts for a water reuse system may

 5  include the following conditions for that project if a water

 6  management district determines that such conditions will

 7  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 7.  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  that which is a party to an agreement pursuant to subsection

31  (1) 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 8.  Subsection (5) is added to section 373.223,

 4  Florida Statutes, to read:

 5         373.223  Conditions for a permit.--

 6         (5)  In evaluating an application for consumptive use

 7  of water which proposes the use of an alternative water supply

 8  project as described in the regional water supply plan and

 9  provides reasonable assurances of the applicant's capability

10  to design, construct, operate, and maintain the project, the

11  governing board or department shall presume that the

12  alternative water supply use is consistent with the public

13  interest under s. 373.223(1)(c). This subsection does not

14  effect evaluation of the use pursuant to the provisions of ss.

15  373.223(1)(a) and (b), (2), and (3), 373.2295, and 373.233.

16         Section 9.  Subsection (4) is added to section 373.236,

17  Florida Statutes, to read:

18         373.236  Duration of permits; compliance reports.--

19         (4)  Permits approved for the development of

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

21  least 20 years. However, if the permittee issues bonds for the

22  construction of the project, upon request of the permittee

23  prior to the expiration of the permit, that permit shall be

24  extended for such additional time as is required for the

25  retirement of bonds, not including any refunding or

26  refinancing of such bonds, provided that the governing board

27  determines that the use will continue to meet the conditions

28  for the issuance of the permit.  Such a permit is subject to

29  compliance reports under subsection (3).

30         Section 10.  Section 373.459, Florida Statutes, is

31  amended to read:

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 1         373.459  Funds for surface water improvement and

 2  management.--

 3         (1)  Legislative appropriations provided to the water

 4  management districts for surface water improvement and

 5  management activities shall be available for detailed planning

 6  and plan and program implementation.

 7         (2)  An entity that receives state funding for the

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

 9  including a water management district, federal, local, or

10  regional agency, university, or nonprofit or private

11  organization, shall provide a 50-percent match of cash or

12  in-kind services towards the implementation of the specific

13  project for which it is contracting.

14         (3)(2)  The Ecosystem Management and Restoration Trust

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

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

17  department shall administer all funds appropriated to or

18  received for surface water improvement and management

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

20  costs of detailed planning and plan and program implementation

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

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

23  of, treatment facilities for domestic or industrial waste

24  disposal.

25         (4)(3)  The department shall authorize the release of

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

27  373.501(2) and procedures in s. 373.59(4) and (5).

28         (5)(4)  Moneys in the fund which are not needed to meet

29  current obligations incurred under this section shall be

30  transferred to the State Board of Administration, to the

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

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 1  provided by law. Interest received on such investments shall

 2  be credited to the trust fund.

 3         Section 11.  Section 373.0361, Florida Statutes, is

 4  amended to read:

 5         (Substantial rewording of section. See

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

 7         373.0361  Regional water supply planning.--

 8         (1)  The governing board of each water management

 9  district shall conduct water supply planning for any water

10  supply planning region within the district identified in the

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

12  it determines that existing sources of water are not adequate

13  to supply water for all existing and future

14  reasonable-beneficial uses and to sustain the water resources

15  and related natural systems for the planning period. The

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

17  coordination and cooperation with local governments, regional

18  water supply authorities, government-owned and privately owned

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

20  interested parties. The districts will actively engage in

21  public education and outreach to all affected local entities

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

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

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

25  district must conduct at least one public workshop to discuss

26  the technical data and modeling tools anticipated to be used

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

28  also hold several public meetings to communicate the status,

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

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

31  determination by the governing board that initiation of a

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 1  regional water supply plan for a specific planning region is

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

 3  120.569. The governing board shall reevaluate such a

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

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

 6  subsection.

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

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

 9  not limited to:

10         (a)  A water supply development component for each

11  water supply planning region identified by the district which

12  includes:

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

14  existing and future reasonable-beneficial uses within the

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

16  associated with identifying the water supply needs of existing

17  and future reasonable-beneficial uses shall be based upon

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

19  Population projections used for determining public water

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

21  determining the best available data, the district shall

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

23  Business Research (BEBR) medium population projections and any

24  population projection data and analysis submitted by a local

25  government pursuant to the public workshop described in

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

27  government's comprehensive plan. Any adjustment of or

28  deviation from the BEBR projections must be fully described,

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

30  adjusted data.

31  

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

 2  including traditional and alternative water supply project

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

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

 5  choose for water supply development. In addition to projects

 6  listed by the district, such users may propose specific

 7  projects for inclusion in the list of alternative water supply

 8  projects. If such users propose a project to be listed as an

 9  alternative water supply project, the district shall determine

10  whether it meets the goals of the plan, and, if so, it shall

11  be included in the list. The total capacity of the projects

12  included in the plan shall exceed the needs identified in

13  subparagraph 1. and shall take into account water conservation

14  and other demand management measures, as well as water

15  resources constraints, including adopted minimum flows and

16  levels and water reservations. Where the district determines

17  it is appropriate, the plan should specifically identify the

18  need for multijurisdictional approaches to project options

19  that, based on planning level analysis, are appropriate to

20  supply the intended uses and that, based on such analysis,

21  appear to be permittable and financially and technically

22  feasible.

23         3.  For each project option identified in subparagraph

24  2., the following shall be provided:

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

26  available through the project.

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

28  implemented and the estimated planning-level costs for capital

29  investment and operating and maintaining the project.

30         c.  An analysis of funding needs and sources of

31  possible funding options.

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 1         d.  Identification of the entity that should implement

 2  each project option and the current status of project

 3  implementation.

 4         (b)  A water resource development component that

 5  includes:

 6         1.  A listing of those water resource development

 7  projects that support water supply development.

 8         2.  For each water resource development project listed:

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

10  available through the project.

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

12  implemented and the estimated planning-level costs for capital

13  investment and for operating and maintaining the project.

14         c.  An analysis of funding needs and sources of

15  possible funding options.

16         d.  Identification of the entity that should implement

17  each project option and the current status of project

18  implementation.

19         (c)  The recovery and prevention strategy described in

20  s. 373.0421(2).

21         (d)  A funding strategy for water resource development

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

23  cost of constructing or implementing all of the listed

24  projects.

25         (e)  Consideration of how the project options addressed

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

27  overall by preventing the loss of natural resources or

28  avoiding greater future expenditures for water resource

29  development or water supply development. However, unless

30  adopted by rule, these considerations do not constitute final

31  agency action.

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 1         (f)  The technical data and information applicable to

 2  each planning region which are necessary to support the

 3  regional water supply plan.

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

 5  resources within each planning region.

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

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

 8         (i)  Identification of surface waters or aquifers for

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

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

11  department, of areas or instances in which the variance

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

13  create water supply development or water resource development

14  projects.

15         (3)  The water supply development component of a

16  regional water supply plan which deals with or affects public

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

18  regional water supply authority and its member governments

19  within the boundary of the Southwest Florida Water Management

20  District shall be developed jointly by the authority and the

21  district. In areas not served by regional water supply

22  authorities, or other multijurisdictional water supply

23  entities, and where opportunities exist to meet water supply

24  needs more efficiently through multijurisdictional projects

25  identified pursuant to s. 372.0361(2)(a), water management

26  districts are directed to assist in developing

27  multijurisdictional approaches to water supply project

28  development jointly with affected water utilities, special

29  districts, and local governments.

30         (4)  Governing board approval of a regional water

31  supply plan shall not be subject to the rulemaking

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

 2  approved regional water supply plan which affects the

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

 4  120.569.

 5         (5)  Annually and in conjunction with the reporting

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

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

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

 9  report shall include:

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

11  potential sources of funding for water resource development

12  and water supply development projects as identified in the

13  water management district regional water supply plans.

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

15  district ad valorem tax revenues or other district funds made

16  available to develop alternative water supplies.

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

18  achieving its water resource development objectives, including

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

20  development work program.

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

22  to implement each alternative water supply project option

23  chosen by the entities and identified for implementation in

24  the plan.

25         (e)  An overall assessment of the progress being made

26  to develop water supply in each district, including, but not

27  limited to, an explanation of how each project, either

28  alternative or traditional, will produce, contribute to, or

29  account for additional water being made available for

30  consumptive uses, an estimate of the quantity of water to be

31  produced by each project, and an assessment of the

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 1  contribution of the district's regional water supply plan in

 2  providing sufficient water to meet the needs of existing and

 3  future reasonable-beneficial uses for a 1-in-10 year drought

 4  event, as well as the needs of the natural systems.

 5         (6)  Nothing contained in the water supply development

 6  component of a regional water supply plan shall be construed

 7  to require local governments, government-owned or privately

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

 9  regional water supply authorities, or other water suppliers to

10  select a water supply development project identified in the

11  component merely because it is identified in the plan. Except

12  as provided in s. 373.223(3) and (5), the plan may not be used

13  in the review of permits under part II unless the plan or an

14  applicable portion thereof has been adopted by rule. However,

15  this subsection does not prohibit a water management district

16  from employing the data or other information used to establish

17  the plan in reviewing permits under part II, nor does it limit

18  the authority of the department or governing board under part

19  II.

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

21  planning region shows the need for one or more alternative

22  water supply projects, the district shall notify the affected

23  local governments and make every reasonable effort to educate

24  and involve local public officials in working toward solutions

25  in conjunction with the districts and, where appropriate,

26  other local and regional water supply entities.

27         (a)  Within 6 months following approval or amendment of

28  its regional water supply plan, each water management district

29  shall notify by certified mail each entity identified in

30  sub-subparagraph (2)(a)3.d. of that portion of the plan

31  relevant to the entity. Upon request of such an entity, the

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 1  water management district shall appear before and present its

 2  findings and recommendations to the entity.

 3         (b)  Within 1 year after the notification by a water

 4  management district pursuant to paragraph (a), each entity

 5  identified in sub-subparagraph (2)(a)3.d. shall provide to the

 6  water management district written notification of the

 7  following: the water supply projects that it has developed or

 8  intends to develop, if any; an estimate of the quantity of

 9  water to be produced by each project; the status of project

10  implementation, including development of the financial plan,

11  facilities master planning, permitting, and efforts in

12  coordinating multijurisdictional projects, if applicable. The

13  information provided in the notification shall be updated

14  annually and a progress report shall be provided by November

15  15 of each year to the water management district. If an entity

16  does not intend to develop one of the alternative water supply

17  project options identified in the regional water supply plan,

18  the entity shall propose, within 1 year after notification by

19  a water management district pursuant to paragraph (a), another

20  alternative water supply project option sufficient to address

21  the needs identified in paragraph (2)(a) within the entity's

22  jurisdiction and shall provide an estimate of the quantity of

23  water to be produced by the project and the status of project

24  implementation as described in this paragraph. The entity may

25  request that the water management district consider the other

26  project for inclusion in the regional water supply plan.

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

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

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

30         Section 12.  Paragraph (c) of subsection (6) of section

31  163.3177, Florida Statutes, is amended to read:

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 1         163.3177  Required and optional elements of

 2  comprehensive plan; studies and surveys.--

 3         (6)  In addition to the requirements of subsections

 4  (1)-(5), the comprehensive plan shall include the following

 5  elements:

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

 7  potable water, and natural groundwater aquifer recharge

 8  element correlated to principles and guidelines for future

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

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

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

12  detailed engineering plan including a topographic map

13  depicting areas of prime groundwater recharge. The element

14  shall describe the problems and needs and the general

15  facilities that will be required for solution of the problems

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

17  depicting any areas adopted by a regional water management

18  district as prime groundwater recharge areas for the Floridan

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

20  shall be given special consideration when the local government

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

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

23  surveys shall be provided which indicate the suitability of

24  soils for septic tanks. By December 1, 2006, or within 12

25  months after the governing board approves an updated regional

26  water supply plan, whichever occurs later, the element must

27  incorporate the alternative water supply project or projects

28  selected by the local government from those identified in the

29  regional water supply plan pursuant to s. 373.0361(2)(a) or

30  proposed by the local government under s. 373.0361(7)(a)

31  consider the appropriate water management district's regional

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 1  water supply plan approved pursuant to s. 373.0361. The

 2  element must identify such alternative water supply projects

 3  and traditional water supply projects and conservation and

 4  reuse necessary to meet the water needs identified in s.

 5  373.0361(2)(a) within the local government's jurisdiction and

 6  include a work plan, covering the comprehensive plan's

 7  established at least a 10-year planning period, for building

 8  public, private, and regional water supply facilities,

 9  including development of alternative water supplies, which

10  that are identified in the element as necessary to serve

11  existing and new development and for which the local

12  government is responsible. The work plan shall be updated, at

13  a minimum, every 5 years within 12 months after the governing

14  board of a water management district approves an updated

15  regional water supply plan. Local governments, public and

16  private utilities, regional water supply authorities, and

17  water management districts are encouraged to cooperatively

18  plan for the development of multijurisdictional water supply

19  facilities sufficient to meet projected demands for

20  established planning periods, including the development of

21  alternative water sources to supplement traditional sources of

22  groundwater and surface water supplies. Amendments to

23  incorporate the work plan do not count toward the limitation

24  on the frequency of adoption of amendments to the

25  comprehensive plan.

26         Section 13.  Paragraph (a) of subsection (2) of section

27  163.3180, Florida Statutes, is amended to read:

28         163.3180  Concurrency.--

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

30  sanitary sewer, solid waste, drainage, adequate water

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

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 1  available to serve new development no later than certificate

 2  of occupancy the issuance by the local government's approval

 3  to commence construction government of a certificate of

 4  occupancy or its functional equivalent.

 5         Section 14.  Paragraph (l) of subsection (2) of section

 6  163.3191, Florida Statutes, is amended to read:

 7         163.3191  Evaluation and appraisal of comprehensive

 8  plan.--

 9         (2)  The report shall present an evaluation and

10  assessment of the comprehensive plan and shall contain

11  appropriate statements to update the comprehensive plan,

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

13  other media, related to:

14         (l)  The report must evaluate whether the local

15  government has been successful in identifying water supply

16  sources, including conversation and reuse, necessary to meet

17  existing and projected water use demand for the comprehensive

18  plan's established planning period. The report must also

19  evaluate the degree to which the local government has

20  implemented the work plan for water supply facilities included

21  in the potable water element. The evaluation must consider the

22  appropriate water management district's regional water supply

23  plan approved pursuant to s. 373.0361. The potable water

24  element must be revised to include a work plan, covering at

25  least a 10-year planning period, for building any water supply

26  facilities that are identified in the element as necessary to

27  serve existing and new development and for which the local

28  government is responsible.

29         Section 15.  Subsections (6), (7), (8), and (11) of

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

31  

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 1         403.067  Establishment and implementation of total

 2  maximum daily loads.--

 3         (6)  CALCULATION AND ALLOCATION.--

 4         (a)  Calculation of total maximum daily load.

 5         1.  Prior to developing a total maximum daily load

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

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

 8  coordinate with applicable local governments, water management

 9  districts, the Department of Agriculture and Consumer

10  Services, other appropriate state agencies, local soil and

11  water conservation districts, environmental groups, regulated

12  interests, and affected pollution sources to determine the

13  information required, accepted methods of data collection and

14  analysis, and quality control/quality assurance requirements.

15  The analysis may include mathematical water quality modeling

16  using approved procedures and methods.

17         2.  The department shall develop total maximum daily

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

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

20  ranking and schedule unless the impairment of such waters is

21  due solely to activities other than point and nonpoint sources

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

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

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

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

26  predominantly due to activities other than point and nonpoint

27  sources. The total maximum daily load calculation shall

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

29  body segment may receive from all sources without exceeding

30  water quality standards, and shall account for seasonal

31  variations and include a margin of safety that takes into

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 1  account any lack of knowledge concerning the relationship

 2  between effluent limitations and water quality. The total

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

 4  goal developed by a water management district, provided that

 5  such pollutant load reduction goal is promulgated by the

 6  department in accordance with the procedural and substantive

 7  requirements of this subsection.

 8         (b)  Allocation of total maximum daily loads. The total

 9  maximum daily loads shall include establishment of reasonable

10  and equitable allocations of the total maximum daily load

11  between or among point and nonpoint sources that will alone,

12  or in conjunction with other management and restoration

13  activities, provide for the attainment of the pollutant

14  reductions established pursuant to paragraph (a) to achieve

15  water quality standards for the pollutant causing impairment

16  water quality standards and the restoration of impaired

17  waters. The allocations may establish the maximum amount of

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

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

20  water body segment in combination with other discharges or

21  releases. Allocations may also be made to individual basins

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

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

24  body segments. An initial allocation of allowable pollutant

25  loads between or among point and nonpoint sources may be

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

27  such cases, the detailed allocation to specific point sources

28  and specific categories of nonpoint sources shall be

29  established in the basin management action plan pursuant to

30  subsection (7). The initial and detailed allocations shall be

31  designed to attain the pollutant reductions established

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 1  pursuant to paragraph (a) water quality standards and shall be

 2  based on consideration of the following:

 3         1.  Existing treatment levels and management practices;

 4         2.  Best management practices established and

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

 6         3.  Enforceable treatment levels established pursuant

 7  to state or local law or permit;

 8         4.2.  Differing impacts pollutant sources and forms of

 9  pollutant may have on water quality;

10         5.3.  The availability of treatment technologies,

11  management practices, or other pollutant reduction measures;

12         6.4.  Environmental, economic, and technological

13  feasibility of achieving the allocation;

14         7.5.  The cost benefit associated with achieving the

15  allocation;

16         8.6.  Reasonable timeframes for implementation;

17         9.7.  Potential applicability of any moderating

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

19  and

20         10.8.  The extent to which nonattainment of water

21  quality standards is caused by pollution sources outside of

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

23  bodies prior to the date of this act.

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

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

26  Senate, and the Speaker of the House of Representatives

27  containing recommendations, including draft legislation, for

28  any modifications to the process for allocating total maximum

29  daily loads, including the relationship between allocations

30  and the watershed or basin management planning process. Such

31  recommendations shall be developed by the department in

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 1  cooperation with a technical advisory committee which includes

 2  representatives of affected parties, environmental

 3  organizations, water management districts, and other

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

 5  technical advisory committee shall also include such members

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

 7  Speaker of the House of Representatives.

 8         (c)(d)  Adoption of rules. The total maximum daily load

 9  calculations and allocations established under this subsection

10  for each water body or water body segment shall be adopted by

11  rule by the secretary pursuant to ss. 120.536(1), 120.54, and

12  403.805. Where additional data collection and analysis are

13  needed to increase the scientific precision and accuracy of

14  the total maximum daily load, the department is authorized to

15  adopt phased total maximum daily loads that are subject to

16  change as additional data becomes available. Where phased

17  total maximum daily loads are proposed, the department shall,

18  in the detailed statement of facts and circumstances

19  justifying the rule, explain why the data are inadequate so as

20  to justify a phased total maximum daily load. The rules

21  adopted pursuant to this paragraph shall not be subject to

22  approval by the Environmental Regulation Commission. As part

23  of the rule development process, the department shall hold at

24  least one public workshop in the vicinity of the water body or

25  water body segment for which the total maximum daily load is

26  being developed. Notice of the public workshop shall be

27  published not less than 5 days nor more than 15 days before

28  the public workshop in a newspaper of general circulation in

29  the county or counties containing the water bodies or water

30  body segments for which the total maximum daily load

31  calculation and allocation are being developed.

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 1         (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND

 2  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

 3         (a)  Basin management action plans.--

 4         1.  In developing and implementing the total maximum

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

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

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

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

 9  shall integrate the appropriate management strategies

10  available to the state through existing water quality

11  protection programs to achieve the total maximum daily loads

12  and may provide for phased implementation of these management

13  strategies to promote timely, cost-effective actions as

14  provided for in s. 403.151. The plan shall establish a

15  schedule for implementing the management strategies and shall

16  identify feasible funding strategies for implementing the

17  management strategies. The management strategies may include

18  regional treatment systems or other public works, where

19  appropriate, to achieve the needed pollutant load reductions.

20         2.  A basin management action plan shall equitably

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

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

23  identified point source or category of nonpoint sources, as

24  appropriate. For nonpoint sources for which best management

25  practices have been adopted, the initial requirement specified

26  by the plan shall be those practices developed pursuant to

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

28  pollutant-load-reduction credits to dischargers that have

29  implemented management strategies to reduce pollutant loads,

30  including best management practices, prior to the development

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

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 1  identify the mechanisms by which potential future sources of

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

 3  result of the expansion of, or increased loading from, an

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

 5  similar circumstances.

 6         3.  The basin management action planning process is

 7  intended to involve the broadest possible range of interested

 8  parties, with the objective of encouraging the greatest amount

 9  of cooperation and consensus possible. In developing a basin

10  management action plan, the department shall assure that key

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

12  governments, water management districts, the Department of

13  Agriculture and Consumer Services, other appropriate state

14  agencies, local soil and water conservation districts,

15  environmental groups, regulated interests, and affected

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

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

18  vicinity of the watershed or basin to discuss and receive

19  comments during the planning process and shall otherwise

20  encourage public participation to the greatest practicable

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

22  newspaper of general circulation in each county in which the

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

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

25  shall not supplant or otherwise alter any assessment made

26  under subsection (3) or subsection (4) or any calculation or

27  preliminary allocation made under subsection (6).

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

29  basin management action plan by secretarial order pursuant to

30  chapter 120 to implement the provisions of this section. If a

31  basin management action plan alters the calculation or

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

 2  calculation or final allocation shall be adopted by rule.

 3         5.  The basin management action plan shall include

 4  milestones for implementation and water quality improvement,

 5  and an associated water quality monitoring component

 6  sufficient to evaluate whether reasonable progress in

 7  pollutant load reductions is being achieved over time. An

 8  assessment of progress toward these milestones shall be

 9  conducted every 5 years, and revisions to the plan shall be

10  made as appropriate. Revisions to the basin management

11  strategies required for nonpoint sources shall follow the

12  procedures set forth in subparagraph (c)4.  Revised basin

13  management action plans shall be adopted pursuant to

14  subparagraph 4.

15         (b)(a)  Total maximum daily load implementation.--

16         1.  The department shall be the lead agency in

17  coordinating the implementation of the total maximum daily

18  loads through existing water quality protection programs.

19  Application of a total maximum daily load by a water

20  management district shall be consistent with this section and

21  shall not require the issuance of an order or a separate

22  action pursuant to s. 120.536(1) or s. 120.54 for adoption of

23  the calculation and allocation previously established by the

24  department. Management strategies to achieve the total maximum

25  daily load Such programs may include, but are not limited to:

26         a.1.  Permitting and other existing regulatory

27  programs, including water-quality-based effluent limitations;

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

29  including best management practices, cost sharing, waste

30  minimization, pollution prevention, agreements established

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

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 1         c.3.  Other water quality management and restoration

 2  activities, for example surface water improvement and

 3  management plans approved by water management districts or

 4  watershed or basin management plans developed pursuant to this

 5  subsection;

 6         d.4.  Pollutant trading or other equitable economically

 7  based agreements;

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

 9         f.6.  Land acquisition.

10         2.  For a basin management action plan adopted pursuant

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

12  reduction requirements associated with a pollutant of concern

13  for which a total maximum daily load has been developed,

14  including effluent limits set forth for a discharger subject

15  to NPDES permitting, if any, shall be included in a timely

16  manner in subsequent NPDES permits or permit modifications for

17  that discharger. The department shall not impose limits or

18  conditions implementing an adopted total maximum daily load in

19  an NPDES permit until the permit expires, the discharge is

20  modified, or the permit is reopened pursuant to an adopted

21  basin management action plan.

22         a.  For holders of NPDES municipal separate storm sewer

23  system permits and other stormwater sources, implementation of

24  a total maximum daily load or basin management action plan

25  shall be achieved, to the maximum extent practicable, through

26  the use of best management practices or other management

27  measures.

28         b.  The basin management action plan does not relieve

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

30  modify an NPDES permit or to abide by other requirements of

31  

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 1  the permit, including effluent limits and other requirements

 2  associated with other pollutants.

 3         c.  Management strategies set forth in a basin

 4  management action plan to be implemented by a discharger

 5  subject to permitting by the department shall be completed

 6  pursuant to the schedule set forth in the basin management

 7  action plan. This implementation schedule may extend beyond

 8  the 5-year term of an NPDES permit.

 9         d.  Management strategies and pollution reduction

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

11  specific pollutant of concern shall not be subject to

12  challenge under chapter 120 at the time the plan is

13  incorporated, in an identical form, into a subsequent NPDES

14  permit or permit modification.

15         e.  For nonagricultural pollutant sources not subject

16  to NPDES permitting but permitted pursuant to other state,

17  regional, or local water quality programs, the pollutant

18  reduction actions adopted in a basin management action plan

19  shall be implemented to the maximum extent practicable as part

20  of those permitting programs.

21         f.  A nonpoint source discharger included in a basin

22  management action plan shall demonstrate compliance with the

23  pollutant reductions established pursuant to subsection (6) by

24  either implementing the appropriate best management practices

25  established pursuant to paragraph (c) or conducting water

26  quality monitoring prescribed by the department or a water

27  management district.

28         g.  A nonpoint source discharger included in a basin

29  management action plan may be subject to enforcement action by

30  the department or a water management district based upon the

31  

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 1  failure to implement the responsibilities set forth in

 2  sub-subparagraph f.

 3         h.  A landowner, discharger, or other responsible

 4  person who is implementing applicable management strategies

 5  specified in an adopted basin management action plan shall not

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

 7  implement additional management strategies to reduce pollutant

 8  loads to attain the pollutant reductions pursuant to

 9  subsection (6) and shall be deemed to be in compliance with

10  this section. This subparagraph does not limit the authority

11  of the department to amend a basin management action plan as

12  specified in subparagraph (a)5.

13         (b)  In developing and implementing the total maximum

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

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

16  watershed or basin management plan that addresses some or all

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

18  These plans will serve to fully integrate the management

19  strategies available to the state for the purpose of

20  implementing the total maximum daily loads and achieving water

21  quality restoration. The watershed or basin management

22  planning process is intended to involve the broadest possible

23  range of interested parties, with the objective of encouraging

24  the greatest amount of cooperation and consensus possible. The

25  department or water management district shall hold at least

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

27  to discuss and receive comments during the planning process

28  and shall otherwise encourage public participation to the

29  greatest practical extent. Notice of the public meeting shall

30  be published in a newspaper of general circulation in each

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

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

 2  watershed or basin management plan shall not supplant or

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

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

 5  403.086(6).

 6         (c)  Best management practices.--

 7         1.  The department, in cooperation with the water

 8  management districts and other interested parties, as

 9  appropriate, may develop suitable interim measures, best

10  management practices, or other measures necessary to achieve

11  the level of pollution reduction established by the department

12  for nonagricultural nonpoint pollutant sources in allocations

13  developed pursuant to subsection (6) and this subsection

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

15  by rule by the department and the water management districts

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

17  rule, shall may be implemented by those parties responsible

18  for nonagricultural nonpoint source pollution pollutant

19  sources and the department and the water management districts

20  shall assist with implementation. Where interim measures, best

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

22  the effectiveness of such practices in achieving the levels of

23  pollution reduction established in allocations developed by

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

25  by the department. Implementation, in accordance with

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

27  department to be effective at representative sites shall

28  provide a presumption of compliance with state water quality

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

30  those pollutants addressed by the practices, and the

31  department is not authorized to institute proceedings against

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

 2  damages associated with the contamination of surface or ground

 3  water caused by those pollutants. Such rules shall also

 4  incorporate provisions for a notice of intent to implement the

 5  practices and a system to assure the implementation of the

 6  practices, including recordkeeping requirements. Where water

 7  quality problems are detected despite the appropriate

 8  implementation, operation, and maintenance of best management

 9  practices and other measures according to rules adopted under

10  this paragraph, the department or the water management

11  districts shall institute a reevaluation of the best

12  management practice or other measures.

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

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

15  120.536(1) and 120.54 suitable interim measures, best

16  management practices, or other measures necessary to achieve

17  the level of pollution reduction established by the department

18  for agricultural pollutant sources in allocations developed

19  pursuant to subsection (6) and this subsection paragraph

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

21  those parties responsible for agricultural pollutant sources

22  and the department, the water management districts, and the

23  Department of Agriculture and Consumer Services shall assist

24  with implementation. Where interim measures, best management

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

26  effectiveness of such practices in achieving the levels of

27  pollution reduction established in allocations developed by

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

29  by the department.  Implementation, in accordance with

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

31  department to be effective at representative sites shall

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 1  provide a presumption of compliance with state water quality

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

 3  those pollutants addressed by the practices, and the

 4  department is not authorized to institute proceedings against

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

 6  damages associated with the contamination of surface or ground

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

 8  and adopting rules for interim measures, best management

 9  practices, or other measures, the Department of Agriculture

10  and Consumer Services shall consult with the department, the

11  Department of Health, the water management districts,

12  representatives from affected farming groups, and

13  environmental group representatives. 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 of Agriculture and Consumer

21  Services shall institute a reevaluation of the best management

22  practice or other measure.

23         3.  Where interim measures, best management practices,

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

25  such practices in achieving the levels of pollution reduction

26  established in allocations developed by the department

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

28  verified at representative sites by the department. The

29  department shall use its best professional judgment in making

30  the initial verification that the best management practices

31  are effective and, where applicable, shall notify the

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 1  appropriate water management district and the Department of

 2  Agriculture and Consumer Services of its initial verification

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

 4  paragraph. Implementation by the department, in accordance

 5  with rules adopted under this paragraph, of practices that

 6  have been initially verified to be effective, or verified to

 7  be effective by monitoring at representative sites, shall

 8  provide a presumption of compliance with state water quality

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

10  those pollutants addressed by the practices, and the

11  department is not authorized to institute proceedings against

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

13  damages associated with the contamination of surface water or

14  groundwater caused by those pollutants.

15         4.  Where water quality problems are demonstrated in

16  the development or amendment of a basin management action

17  plan, despite the appropriate implementation, operation, and

18  maintenance of best management practices and other measures

19  according to rules adopted under this paragraph, the

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

21  Agriculture and Consumer Services shall institute a

22  reevaluation of the best management practice or other measure.

23  If the reevaluation determines that the best management

24  practice or other measure requires modification, the

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

26  Agriculture and Consumer Services, as appropriate, shall

27  revise the rule to require implementation of the modified

28  practice within a reasonable time period as specified in the

29  rule.

30         5.2.  Individual agricultural records relating to

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

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 1  production, profits, or other financial information which are

 2  otherwise not public records, which are reported to the

 3  Department of Agriculture and Consumer Services pursuant to

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

 5  adopted pursuant to subparagraph 2. this paragraph shall be

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

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

 8  any water management district, the Department of Agriculture

 9  and Consumer Services shall make such individual agricultural

10  records available to that agency, provided that the

11  confidentiality specified by this subparagraph for such

12  records is maintained. This subparagraph is subject to the

13  Open Government Sunset Review Act of 1995 in accordance with

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

15  reviewed and saved from repeal through reenactment by the

16  Legislature.

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

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

19  water management district from requiring compliance with water

20  quality standards or with current best management practice

21  requirements set forth in any applicable regulatory program

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

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

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

25  with any rules adopted promulgated by the department that are

26  necessary to maintain a federally delegated or approved

27  program.

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

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

30  

31  

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

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

 3  guidance under subsection (5);

 4         (b)  Administration of funds to implement the total

 5  maximum daily load and basin management action planning

 6  programs program;

 7         (c)  Procedures for pollutant trading among the

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

 9  including a mechanism for the issuance and tracking of

10  pollutant credits. Such procedures may be implemented through

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

12  No rule implementing a pollutant trading program shall become

13  effective prior to review and ratification by the Legislature;

14  and

15         (d)  The total maximum daily load calculation in

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

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

18  within Lake Okeechobee proper as submitted to the United

19  States Environmental Protection Agency pursuant to subsection

20  (2); and.

21         (e)  Implementation of other specific provisions.

22  

23  Prior to adopting rules for pollutant trading under paragraph

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

25  Environmental Protection shall submit a report to the

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

27  House of Representatives containing recommendations on such

28  rules, including the proposed basis for equitable economically

29  based agreements and the tracking and accounting of pollution

30  credits or other similar mechanisms. Such recommendations

31  shall be developed in cooperation with a technical advisory

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 1  committee that includes experts in pollutant trading and

 2  representatives of potentially affected parties.

 3         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

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

 5  legislative approval, any additional regulatory authority

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

 7  130, if such implementation would result in water quality

 8  discharge regulation of activities not currently subject to

 9  regulation.

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

11  other measures may be developed and voluntarily implemented

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

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

14  total maximum daily load or allocation has not been

15  established. The implementation of such pollution control

16  programs may be considered by the department in the

17  determination made pursuant to subsection (4).

18         Section 16.  Paragraph (c) of subsection (3) of section

19  373.4595, Florida Statutes, is amended to read:

20         373.4595  Lake Okeechobee Protection Program.--

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

22  program for Lake Okeechobee that achieves phosphorus load

23  reductions for Lake Okeechobee shall be immediately

24  implemented as specified in this subsection. The program shall

25  address the reduction of phosphorus loading to the lake from

26  both internal and external sources. Phosphorus load reductions

27  shall be achieved through a phased program of implementation.

28  Initial implementation actions shall be technology-based,

29  based upon a consideration of both the availability of

30  appropriate technology and the cost of such technology, and

31  shall include phosphorus reduction measures at both the source

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

 2  reductions shall be based upon the district's Technical

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

 4  subsequent phases of phosphorus load reductions based upon the

 5  total maximum daily loads established in accordance with s.

 6  403.067. In the development and administration of the Lake

 7  Okeechobee Protection Program, the coordinating agencies shall

 8  maximize opportunities provided by federal cost-sharing

 9  programs and opportunities for partnerships with the private

10  sector.

11         (c)  Lake Okeechobee Watershed Phosphorus Control

12  Program.--The Lake Okeechobee Watershed Phosphorus Control

13  Program is designed to be a multifaceted approach to reducing

14  phosphorus loads by improving the management of phosphorus

15  sources within the Lake Okeechobee watershed through continued

16  implementation of existing regulations and best management

17  practices, development and implementation of improved best

18  management practices, improvement and restoration of the

19  hydrologic function of natural and managed systems, and

20  utilization of alternative technologies for nutrient

21  reduction. The coordinating agencies shall facilitate the

22  application of federal programs that offer opportunities for

23  water quality treatment, including preservation, restoration,

24  or creation of wetlands on agricultural lands.

25         1.  Agricultural nonpoint source best management

26  practices, developed in accordance with s. 403.067 and

27  designed to achieve the objectives of the Lake Okeechobee

28  Protection Program, shall be implemented on an expedited

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

30  develop an interagency agreement pursuant to ss. 373.046 and

31  373.406(5) that assures the development of best management

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 1  practices that complement existing regulatory programs and

 2  specifies how those best management practices are implemented

 3  and verified. The interagency agreement shall address measures

 4  to be taken by the coordinating agencies during any best

 5  management practice reevaluation performed pursuant to

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

 7  judgment in making the initial determination of best

 8  management practice effectiveness.

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

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

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

12  and affected parties, shall initiate rule development for

13  interim measures, best management practices, conservation

14  plans, nutrient management plans, or other measures necessary

15  for Lake Okeechobee phosphorus load reduction. The rule shall

16  include thresholds for requiring conservation and nutrient

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

18  Development of agricultural nonpoint source best management

19  practices shall initially focus on those priority basins

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

21  Consumer Services, in consultation with the department, the

22  district, and affected parties, shall conduct an ongoing

23  program for improvement of existing and development of new

24  interim measures or best management practices for the purpose

25  of adoption of such practices by rule.

26         b.  Where agricultural nonpoint source best management

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

28  Department of Agriculture and Consumer Services, the owner or

29  operator of an agricultural nonpoint source addressed by such

30  rule shall either implement interim measures or best

31  management practices or demonstrate compliance with the

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 1  district's WOD program by conducting monitoring prescribed by

 2  the department or the district. Owners or operators of

 3  agricultural nonpoint sources who implement interim measures

 4  or best management practices adopted by rule of the Department

 5  of Agriculture and Consumer Services shall be subject to the

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

 7  Consumer Services, in cooperation with the department and the

 8  district, shall provide technical and financial assistance for

 9  implementation of agricultural best management practices,

10  subject to the availability of funds.

11         c.  The district or department shall conduct monitoring

12  at representative sites to verify the effectiveness of

13  agricultural nonpoint source best management practices.

14         d.  Where water quality problems are detected for

15  agricultural nonpoint sources despite the appropriate

16  implementation of adopted best management practices, the

17  Department of Agriculture and Consumer Services, in

18  consultation with the other coordinating agencies and affected

19  parties, shall institute a reevaluation of the best management

20  practices and make appropriate changes to the rule adopting

21  best management practices.

22         2.  Nonagricultural nonpoint source best management

23  practices, developed in accordance with s. 403.067 and

24  designed to achieve the objectives of the Lake Okeechobee

25  Protection Program, shall be implemented on an expedited

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

27  develop an interagency agreement pursuant to ss. 373.046 and

28  373.406(5) that assures the development of best management

29  practices that complement existing regulatory programs and

30  specifies how those best management practices are implemented

31  and verified. The interagency agreement shall address measures

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

 2  management practice reevaluation performed pursuant to

 3  sub-subparagraph d.

 4         a.  The department and the district are directed to

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

 6  Agricultural Sciences to develop appropriate nutrient

 7  application rates for all nonagricultural soil amendments in

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

 9  2001, the department, in consultation with the district and

10  affected parties, shall develop interim measures, best

11  management practices, or other measures necessary for Lake

12  Okeechobee phosphorus load reduction. Development of

13  nonagricultural nonpoint source best management practices

14  shall initially focus on those priority basins listed in

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

16  parties shall conduct an ongoing program for improvement of

17  existing and development of new interim measures or best

18  management practices. The district shall adopt

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

20  for nonagricultural nonpoint sources of phosphorus.

21         b.  Where nonagricultural nonpoint source best

22  management practices or interim measures have been developed

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

24  operator of a nonagricultural nonpoint source shall implement

25  interim measures or best management practices and be subject

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

27  district shall provide technical and financial assistance for

28  implementation of nonagricultural nonpoint source best

29  management practices, subject to the availability of funds.

30  

31  

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 1         c.  The district or the department shall conduct

 2  monitoring at representative sites to verify the effectiveness

 3  of nonagricultural nonpoint source best management practices.

 4         d.  Where water quality problems are detected for

 5  nonagricultural nonpoint sources despite the appropriate

 6  implementation of adopted best management practices, the

 7  department and the district shall institute a reevaluation of

 8  the best management practices.

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

10  preclude the department or the district from requiring

11  compliance with water quality standards or with current best

12  management practices requirements set forth in any applicable

13  regulatory program authorized by law for the purpose of

14  protecting water quality. Additionally, subparagraphs 1. and

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

16  with any rules promulgated by the department that are

17  necessary to maintain a federally delegated or approved

18  program.

19         4.  Projects which reduce the phosphorus load

20  originating from domestic wastewater systems within the Lake

21  Okeechobee watershed shall be given funding priority in the

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

23  department shall coordinate and provide assistance to those

24  local governments seeking financial assistance for such

25  priority projects.

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

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

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

29  following methods: restoring the natural hydrology of the

30  basin, restoring wildlife habitat or impacted wetlands,

31  reducing peak flows after storm events, increasing aquifer

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 1  recharge, or protecting range and timberland from conversion

 2  to development, are eligible for grants available under this

 3  section from the coordinating agencies.  For projects of

 4  otherwise equal priority, special funding priority will be

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

 6  outlined above that involve public-private partnerships or

 7  that obtain federal match money. Preference ranking above the

 8  special funding priority will be given to projects located in

 9  a rural area of critical economic concern designated by the

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

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

12  limited to, the purchase of conservation and flowage

13  easements, hydrologic restoration of wetlands, creating

14  treatment wetlands, development of a management plan for

15  natural resources, and financial support to implement a

16  management plan.

17         6.a.  The department shall require all entities

18  disposing of domestic wastewater residuals within the Lake

19  Okeechobee watershed and the remaining areas of Okeechobee,

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

21  department an agricultural use plan that limits applications

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

23  concentrations originating from these application sites shall

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

25  program.

26         b.  Private and government-owned utilities within

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

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

29  dispose of wastewater residual sludge from utility operations

30  and septic removal by land spreading in the Lake Okeechobee

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

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 1  wastewater residual treatment and disposal if such disposal

 2  and treatment is done by approved alternative treatment

 3  methodology at a facility located within the areas designated

 4  by the Governor as rural areas of critical economic concern

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

 6  environmental protection disposal fee above the present sewer

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

 8  rate to customers, notwithstanding provisions to the contrary

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

10  commission or its designated assignee in the county in which

11  the alternative method treatment facility is located. The fee

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

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

14  Upon request by an affected county commission, the Florida

15  Public Service Commission will provide assistance in

16  establishing the fee. Further, for utilities and utility

17  authorities that use the additional line item environmental

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

19  rate increase under the rules of the Public Service Commission

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

21  provisions of this section may immediately include in their

22  sewer invoicing the new environmental protection disposal fee.

23  Proceeds from this environmental protection disposal fee shall

24  be used for treatment and disposal of wastewater residuals,

25  including any treatment technology that helps reduce the

26  volume of residuals that require final disposal, but such

27  proceeds shall not be used for transportation or shipment

28  costs for disposal or any costs relating to the land

29  application of residuals in the Lake Okeechobee watershed.

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

31  Florida Public Service Commission or the county commission

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 1  through the services of an independent auditor shall perform a

 2  financial audit of all facilities receiving compensation from

 3  an environmental protection disposal fee. The Florida Public

 4  Service Commission or the county commission through the

 5  services of an independent auditor shall also perform an audit

 6  of the methodology used in establishing the environmental

 7  protection disposal fee. The Florida Public Service Commission

 8  or the county commission shall, within 120 days after

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

10  President of the Senate and the Speaker of the House of

11  Representatives and shall provide copies to the county

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

13  The books and records of any facilities receiving compensation

14  from an environmental protection disposal fee shall be open to

15  the Florida Public Service Commission and the Auditor General

16  for review upon request.

17         7.  The Department of Health shall require all entities

18  disposing of septage within the Lake Okeechobee watershed and

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

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

21  agricultural use plan that limits applications based upon

22  phosphorus loading.  By July 1, 2005, phosphorus

23  concentrations originating from these application sites shall

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

25  program.

26         8.  The Department of Agriculture and Consumer Services

27  shall initiate rulemaking requiring entities within the Lake

28  Okeechobee watershed and the remaining areas of Okeechobee,

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

30  develop conservation or nutrient management plans that limit

31  application, based upon phosphorus loading. Such rules may

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 1  include criteria and thresholds for the requirement to develop

 2  a conservation or nutrient management plan, requirements for

 3  plan approval, and recordkeeping requirements.

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

 5  district, the district shall require responsible parties to

 6  demonstrate that proposed changes in land use will not result

 7  in increased phosphorus loading over that of existing land

 8  uses.

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

10  Agriculture and Consumer Services, as appropriate, shall

11  implement those alternative nutrient reduction technologies

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

13         Section 17.  Subsection (1) of section 570.085, Florida

14  Statutes, is amended to read:

15         570.085  Department of Agriculture and Consumer

16  Services; agricultural water conservation.--The department

17  shall establish an agricultural water conservation program

18  that includes the following:

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

20  appropriate with the United States Department of Agriculture

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

22  irrigation system retrofit and application of mobile

23  irrigation laboratory evaluations for water conservation as

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

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

26  403.067(7)(d).

27         Section 18.  Section 403.885, Florida Statutes, is

28  amended to read:

29         403.885  Stormwater management; wastewater management;

30  Water Quality Improvement and Water Restoration Grant

31  Program.--

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 1         (1)  The Department of Environmental Protection shall

 2  develop and administer a competitive grant program to use

 3  funds transferred pursuant to s. 212.20 to the Ecosystem

 4  Management and Restoration Trust Fund or other moneys as

 5  appropriated by the Legislature for stormwater management,

 6  wastewater management, water quality improvement and water

 7  restoration project grants. Eligible recipients of such grants

 8  include counties, municipalities, water management districts,

 9  and special districts that have legal responsibilities for

10  water quality improvement, water management, storm water

11  management, wastewater management, and water sewer system

12  operations, and lake and river restoration projects. Drinking

13  water projects are not eligible for funding pursuant to this

14  section.

15         (2)  The competitive grant program shall provide for

16  the evaluation of annual grant proposals.  The department

17  shall evaluate such proposals to determine if they:

18         (a)  Protect public health and the environment.

19         (b)  Implement plans developed pursuant to the Surface

20  Water Improvement and Management Act created in part IV of

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

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

23  plans adopted by local government for water quality

24  improvement and water restoration.

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

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

27  requirements:

28         (a)  An application for a stormwater management project

29  may be funded only if the application is approved by the water

30  management district with jurisdiction in the project area.

31  

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 1  District approval must be based on a determination that the

 2  project provides a benefit to a priority water body.

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

 4  application for a wastewater management project may be funded

 5  only if:

 6         1.  The project has been funded previously through a

 7  line item in the General Appropriations Act; and

 8         2.  The project is under construction.

 9         (c)  An application for a wastewater management project

10  that would qualify as a water pollution control project and

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

12  sponsor has submitted an application to the department for

13  funding pursuant to that section.

14         (4)  All project applicants must provide local matching

15  funds as follows:

16         (a)  An applicant for state funding of a stormwater

17  management project shall provide local matching funds equal to

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

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

20  management project shall provide matching funds equal to at

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

22  

23  The requirement for matching funds may be waived if the

24  applicant is a financially disadvantaged small local

25  government as defined in subsection (5).

26         (3)  The department shall evaluate the annual grant

27  proposals and present the annual list of projects recommended

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

29  its annual budget request submitted pursuant to chapter 216

30  beginning with fiscal year 2003-2004.

31  

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 1         (5)(4)  Each fiscal year, at least 20 percent of the

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

 3  be used for projects to assist financially disadvantaged small

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

 5  "financially disadvantaged small local government" means a

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

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

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

 9  state per capita annual income as determined by the United

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

11  designated by the Governor as a rural area of critical

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

13  eligible local governments shall not require matching local

14  funds.

15         (6)(5)  No later than February 1 of Each year,

16  stormwater management and wastewater management water quality

17  improvement projects and water restoration projects submitted

18  for funding through the legislative process shall be submitted

19  to the department by the appropriate fiscal committees of the

20  House of Representatives and the Senate. The department shall

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

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

23  a list of projects that appear to meet the eligibility

24  requirements under this grant program.

25         (6)  The department may adopt rules necessary to

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

27  governing timeframes for submitting grant applications,

28  evaluation criteria, forms, matching criteria, maximum grant

29  amounts, and allocation of appropriated funds based upon

30  project and applicant size.

31  

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 1         Section 19.  Section 403.890, Florida Statutes, is

 2  created to read:

 3         403.890  Water Protection and Sustainability Program;

 4  intent; goals; purposes.--

 5         (1)  Revenues transferred from the Department of

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

 7  Water Protection and Sustainability Program Trust Fund in the

 8  Department of Environmental Protection.  Revenues shall be

 9  distributed by the Department of Environmental Protection in

10  the following manner:

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

12  Environmental Protection for the implementation of an

13  alternative water supply program as provided in s. 373.1961.

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

15  management practices and capital project expenditures

16  necessary for the implementation of the goals of the total

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

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

19  the Department of Environmental Protection Water Quality

20  Assurance Trust Fund to address water quality impacts

21  associated with nonagricultural nonpoint sources. Fifteen

22  percent of these funds shall be transferred to the Department

23  of Agriculture and Consumer Services General Inspection Trust

24  Fund to address water quality impacts associated with

25  agricultural nonpoint sources. These funds shall be used for

26  research, development, demonstration, and implementation of

27  suitable best management practices or other measures used to

28  achieve water quality standards in surface waters and water

29  segments identified pursuant to s. 303(d) of the Clean Water

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

31  Implementation of best management practices and other measures

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 1  may include cost-share grants, technical assistance,

 2  implementation tracking, and conservation leases or other

 3  agreements for water quality improvement.  The Department of

 4  Environmental Protection and the Department of Agriculture and

 5  Consumer Services may adopt rules governing the distribution

 6  of funds for implementation of best management practices.

 7  These funds shall not be used to abrogate the financial

 8  responsibility of those point and nonpoint sources that have

 9  contributed to the degradation of water or land areas.

10  Increased priority shall be given by the department and the

11  water management district governing boards to those projects

12  that have secured a cost-sharing agreement allocating

13  responsibility for the cleanup of point and nonpoint sources.

14         (c)  Fifteen percent shall be disbursed for the

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

16  or surface water restoration activities in

17  water-management-district-designated priority water bodies.

18  The Secretary of Environmental Protection shall ensure that

19  each water management district receives the following

20  percentage of funds annually:

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

22  Management District;

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

24  Management District;

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

26  Management District;

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

28  Water Management District; and

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

30  Water Management District.

31  

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 1         (d)  Fifteen percent to the Department of Environmental

 2  Protection for the implementation of the stormwater, drinking

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

 4  equally among the following programs:

 5         1.  The Clean Water State Revolving Loan Grants Program

 6  as provided in s. 403.1835;

 7         2.  The Drinking Water State Revolving Loan Grant

 8  Program as provided in s. 403.8532; and

 9         3.  The Disadvantaged Small Community Wastewater Grant

10  Program as provided in s. 403.1838.

11  

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

13  must review the distribution of funds under the Water

14  Protection and Sustainability Program to determine if

15  revisions to the funding formula are required. At the

16  discretion of the President of the Senate and the Speaker of

17  the House of Representatives, the appropriate substantive

18  committees of the Legislature may conduct an interim project

19  to review the Water Protection and Sustainability Program and

20  the funding formula and make written recommendations to the

21  Legislature proposing necessary changes, if any.

22         Section 20.  This act shall take effect upon becoming a

23  law.

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 444

 3                                 

 4  The committee substitute for committee substitute makes
    numerous technical, grammatical and conforming changes.
 5  Substantive changes made to the committee substitute include:
    changing the match provision to reflect an increase to 60
 6  percent in the contribution level needed from the grant
    applicant; the creation of definitions to be utilized by the
 7  program; clarification on the intent of the legislature to
    utilize non-recurring revenues in lieu of bonding for funding
 8  the program; refining the requirements concerning local
    governments requirements to include alternative water supply
 9  projects in their capital improvement elements; and creating
    more specific reporting requirements for information contained
10  in the regional water supply plans.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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