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Senate Bill 0444

Senate Bill sb0444c3

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    Florida Senate - 2005              CS for CS for CS for SB 444

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



    576-2382-05

  1                      A bill to be entitled

  2         An act relating to the development of water

  3         supplies; amending s. 373.019, F.S.; defining

  4         the terms "alternative water supply," "capital

  5         costs," and "multijurisdictional water supply

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

  7         encouraging cooperation in the development of

  8         water supplies; providing for alternative water

  9         supply development; encouraging municipalities,

10         counties, and special districts to create

11         regional water supply authorities; establishing

12         the primary roles of the water management

13         district in alternative water supply

14         development; establishing the primary roles of

15         local governments, regional water supply

16         authorities, special districts, and publicly

17         owned and privately owned water utilities in

18         alternative water supply development; requiring

19         the water management districts to detail the

20         specific allocations to be used for alternative

21         water supply development in their annual budget

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

23         providing general powers and duties of the

24         water management districts in water production;

25         requiring that the water management districts

26         include the amount needed to implement the

27         water supply development projects in each

28         annual budget; establishing general funding

29         criteria for funding assistance to the state or

30         water management districts; establishing

31         economic incentives for alternative water

                                  1

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 1         supply development; creating a funding formula

 2         for the distribution of state funds to the

 3         water management districts for alternative

 4         water supply development; requiring that

 5         funding assistance for alternative water supply

 6         development be limited to a percentage of the

 7         total capital costs of an approved project;

 8         establishing a selection process and criteria;

 9         providing for cost recovery from the Public

10         Service Commission; amending s. 373.1962, F.S.;

11         clarifying that counties, municipalities, and

12         special districts may execute interlocal

13         agreements to create regional water supply

14         authorities; amending s. 373.223, F.S.;

15         establishing criteria for certain water supply

16         entities to be presumed to have a use

17         consistent with the public interest for

18         requirements for consumptive use permitting;

19         amending s. 373.236, F.S.; providing permits of

20         at least 20 years for development of

21         alternative water supplies under certain

22         conditions; amending s. 373.459, F.S.;

23         requiring that entities receiving state funding

24         for implementation of surface water improvement

25         and management projects provide a 50-percent

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

27         373.0361, F.S.; providing for the development

28         of regional water supply plans; providing

29         requirements for the content of each plan;

30         providing for an approval process for the

31         plans; providing for annual updates; providing

                                  2

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 1         for local government use of the plans;

 2         providing notification requirements for water

 3         management districts concerning findings within

 4         the plan; requiring identified entities to

 5         select alternative water supply projects and

 6         provide periodic status reports; changing the

 7         deadline for certain plan updates; amending s.

 8         163.3177, F.S.; requiring a local government to

 9         incorporate alternative water supply projects

10         into the comprehensive plan; requiring local

11         governments to identify specific projects

12         needed; providing for cooperative planning;

13         amending s. 163.3180, F.S.; requiring adequate

14         water supplies to serve new development;

15         amending s. 163.3191, F.S.; requiring the

16         evaluation and appraisal report to evaluate the

17         degree to which the local government has

18         implemented the work plan for regional water

19         supply facilities, including development of

20         alternative water supplies necessary to serve

21         existing and new development; amending s.

22         403.067, F.S.; providing that initial

23         allocation of allowable pollutant loads between

24         point and nonpoint sources may be developed as

25         part of a total maximum daily load;

26         establishing criteria for establishing initial

27         and detailed allocations to attain pollutant

28         reductions; authorizing the Department of

29         Environmental Protection to adopt phased total

30         maximum daily loads that establish incremental

31         total maximum daily loads under certain

                                  3

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 1         conditions; requiring the development of basin

 2         management action plans; requiring that basin

 3         management action plans integrate the

 4         appropriate management strategies to achieve

 5         the total maximum daily loads; requiring that

 6         the plans establish a schedule for implementing

 7         management strategies; requiring that a basin

 8         management action plan equitably allocate

 9         pollutant reductions to individual basins or to

10         each identified point source or category of

11         nonpoint sources; authorizing that plans may

12         provide pollutant load reduction credits to

13         dischargers that have implemented strategies to

14         reduce pollutant loads prior to the development

15         of the basin management action plan; requiring

16         that the plan identify mechanisms by which

17         potential future sources of pollution will be

18         addressed; requiring that the department assure

19         key stakeholder participation in the basin

20         management action planning process; requiring

21         that the department hold at least one public

22         meeting to discuss and receive comments during

23         the planning process; providing notice

24         requirements; requiring that the department

25         adopt all or part of a basin management action

26         plan by secretarial order pursuant to ch. 120,

27         F.S.; requiring that basin management action

28         plans that alter that calculation or initial

29         allocation of a total maximum daily load, the

30         revised calculation, or initial allocation must

31         be adopted by rule; requiring periodic

                                  4

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 1         evaluation of basin management action plans;

 2         requiring that revisions to plans be made by

 3         the department in cooperation with

 4         stakeholders; providing for basin plan

 5         revisions regarding nonpoint pollutant sources;

 6         requiring that adopted basin management action

 7         plans be included in subsequent NPDES permits

 8         or permit modifications; providing that

 9         implementation of a total maximum daily load or

10         basin management action plan for holders of an

11         NPDES municipal separate stormwater sewer

12         system permit may be achieved through the use

13         of best management practices; providing that

14         basin management action plans do not relieve a

15         discharger from the requirement to obtain,

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

17         other requirements of the permit; requiring

18         that plan management strategies be completed

19         pursuant to the schedule set forth in the basin

20         management action plan and providing that the

21         implementation schedule may extend beyond the

22         term of an NPDES permit; providing that

23         management strategies and pollution reduction

24         requirements in a basin management action plan

25         for a specific pollutant of concern are not

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

27         the time they are incorporated, in identical

28         form, into a subsequent NPDES permit or permit

29         modification; requiring timely adoption and

30         implementation of pollutant reduction actions

31         for nonagricultural pollutant sources not

                                  5

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 1         subject to NPDES permitting but regulated

 2         pursuant to other state, regional, or local

 3         regulatory programs; requiring timely

 4         implementation of best management practices for

 5         nonpoint pollutant source dischargers not

 6         subject to permitting at the time a basin

 7         management action plan is adopted; providing

 8         for presumption of compliance under certain

 9         circumstances; providing for enforcement action

10         by the department or a water management

11         district; requiring that a landowner,

12         discharger, or other responsible person that is

13         implementing management strategies specified in

14         an adopted basin management action plan will

15         not be required by permit, enforcement action,

16         or otherwise to implement additional management

17         strategies to reduce pollutant loads; providing

18         that the authority of the department to amend a

19         basin management plan is not limited; requiring

20         that the department verify at representative

21         sites the effectiveness of interim measures,

22         best management practices, and other measures

23         adopted by rule; requiring that the department

24         use its best professional judgment in making

25         initial verifications that best management

26         practices are not effective; requiring notice

27         to the appropriate water management district

28         and the Department of Agriculture and Consumer

29         Services under certain conditions; establishing

30         a presumption of compliance for implementation

31         of practices initially verified to be effective

                                  6

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 1         or verified to be effective at representative

 2         sites; limiting the institution of proceedings

 3         by the department against the owner of a source

 4         of pollution to recover costs or damages

 5         associated with the contamination of surface

 6         water or groundwater caused by those

 7         pollutants; requiring the Department of

 8         Agriculture and Consumer Services to institute

 9         a reevaluation of best management practices or

10         other measures where water quality problems are

11         detected or predicted during the development or

12         amendment of a basin management action plan;

13         providing for rule revisions; providing the

14         department with rulemaking authority; requiring

15         that a report be submitted to the Governor, the

16         President of the Senate, and the Speaker of the

17         House of Representatives containing

18         recommendations on rules for pollutant trading

19         prior to the adoption of those rules; requiring

20         that recommendations be developed in

21         cooperation with a technical advisory committee

22         containing experts in pollutant trading and

23         representatives of potentially affected

24         parties; deleting a requirement that no

25         pollutant trading program shall become

26         effective prior to review and ratification by

27         the Legislature; amending ss. 373.4595 and

28         570.085, F.S.; correcting cross-references;

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

30         requirements relating to the department's grant

31         program for water quality improvement and water

                                  7

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 1         restoration project grants; eliminating grants

 2         for water quality improvement, water

 3         management, and drinking water projects;

 4         authorizing grants for wastewater management;

 5         creating additional criteria for funding storm

 6         water grants; requiring local matching funds;

 7         providing an exception from matching fund

 8         requirements for financially disadvantaged

 9         small local governments; creating s. 403.890,

10         F.S.; establishing the Water Protection and

11         Sustainability Program; establishing a funding

12         formula for the distribution of revenues;

13         providing for legislative review; providing an

14         effective date.

15  

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

17  

18         Section 1.  Section 373.019, Florida Statutes, is

19  amended to read:

20         373.019  Definitions.--When appearing in this chapter

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

22  the term following words shall, unless the context clearly

23  indicates otherwise, mean:

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

25  brackish surface and groundwater; surface water captured

26  predominately during wet-weather flows; sources made available

27  through the addition of new storage capacity for surface or

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

29  public supply, municipal, industrial, commercial, or

30  agricultural uses; the downstream augmentation of water bodies

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

                                  8

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 1  source that is designated as nontraditional for a water supply

 2  planning region in the applicable regional water supply plan.

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

 4  engineering, and project construction costs.

 5         (3)(1)  "Coastal waters" means waters of the Atlantic

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

 7  state.

 8         (4)(2)  "Department" means the Department of

 9  Environmental Protection or its successor agency or agencies.

10         (5)(3)  "District water management plan" means the

11  regional water resource plan developed by a governing board

12  under s. 373.036.

13         (6)(4)  "Domestic use" means the use of water for the

14  individual personal household purposes of drinking, bathing,

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

16  domestic.

17         (7)(5)  "Florida water plan" means the state-level

18  water resource plan developed by the department under s.

19  373.036.

20         (8)(6)  "Governing board" means the governing board of

21  a water management district.

22         (9)(7)  "Groundwater" means water beneath the surface

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

24  definite channels.

25         (10)(8)  "Impoundment" means any lake, reservoir, pond,

26  or other containment of surface water occupying a bed or

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

28  shoreline.

29         (11)(9)  "Independent scientific peer review" means the

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

31  panel of independent, recognized experts in the fields of

                                  9

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 1  hydrology, hydrogeology, limnology, and other scientific

 2  disciplines relevant to the matters being reviewed under s.

 3  373.042.

 4         (12)  "Multijurisdictional water supply entity" means

 5  two or more water utilities or local governments that have

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

 7  agreement or contract, for the purpose of more efficiently

 8  pursuing water supply development or alternative water supply

 9  development projects listed pursuant to a regional water

10  supply plan.

11         (13)(10)  "Nonregulated use" means any use of water

12  which is exempted from regulation by the provisions of this

13  chapter.

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

15  or other artificial watercourse in which water usually flows

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

17  flowing be uniform or uninterrupted.

18         (15)(12)  "Person" means any and all persons, natural

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

20  organization, partnership, business trust, corporation,

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

22  political subdivisions, regions, districts, municipalities,

23  and public agencies thereof.  The enumeration herein is not

24  intended to be exclusive or exhaustive.

25         (16)(13)  "Reasonable-beneficial use" means the use of

26  water in such quantity as is necessary for economic and

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

28  both reasonable and consistent with the public interest.

29         (17)(14)  "Regional water supply plan" means a detailed

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

31  373.0361.

                                  10

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 1         (18)(15)  "Stream" means any river, creek, slough, or

 2  natural watercourse in which water usually flows in a defined

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

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

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

 6  watercourse from being a stream.

 7         (19)(16)  "Surface water" means water upon the surface

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

 9  artificially or diffused. Water from natural springs shall be

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

11  the earth's surface.

12         (20)(17)  "Water" or "waters in the state" means any

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

14  the atmosphere, including natural or artificial watercourses,

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

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

17  well as all coastal waters within the jurisdiction of the

18  state.

19         (21)(18)  "Water management district" means any flood

20  control, resource management, or water management district

21  operating under the authority of this chapter.

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

23  formulation and implementation of regional water resource

24  management strategies, including the collection and evaluation

25  of surface water and groundwater data; structural and

26  nonstructural programs to protect and manage water resources;

27  the development of regional water resource implementation

28  programs; the construction, operation, and maintenance of

29  major public works facilities to provide for flood control,

30  surface and underground water storage, and groundwater

31  recharge augmentation; and related technical assistance to

                                  11

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 1  local governments and to government-owned and privately owned

 2  water utilities.

 3         (23)(20)  "Water resource implementation rule" means

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

 5  objectives, and guidance for the development and review of

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

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

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

 9  managed to conserve and protect water resources and to realize

10  the full beneficial use of these resources.

11         (24)(21)  "Water supply development" means the

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

13  public or private facilities for water collection, production,

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

15  end use.

16         (25)(22)  For the sole purpose of serving as the basis

17  for the unified statewide methodology adopted pursuant to s.

18  373.421(1), as amended, "wetlands" means those areas that are

19  inundated or saturated by surface water or groundwater at a

20  frequency and a duration sufficient to support, and under

21  normal circumstances do support, a prevalence of vegetation

22  typically adapted for life in saturated soils.  Soils present

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

24  possess characteristics that are associated with reducing soil

25  conditions. The prevalent vegetation in wetlands generally

26  consists of facultative or obligate hydrophytic macrophytes

27  that are typically adapted to areas having soil conditions

28  described above. These species, due to morphological,

29  physiological, or reproductive adaptations, have the ability

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

31  anaerobic soil conditions.  Florida wetlands generally include

                                  12

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

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

 3  seepage slopes, tidal marshes, mangrove swamps and other

 4  similar areas.  Florida wetlands generally do not include

 5  longleaf or slash pine flatwoods with an understory dominated

 6  by saw palmetto. Upon legislative ratification of the

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

 8  limitation contained herein regarding the purpose of this

 9  definition shall cease to be effective.

10         (26)(23)  "Works of the district" means those projects

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

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

13  with the appurtenant facilities and accompanying lands, which

14  have been officially adopted by the governing board of the

15  district as works of the district.

16         Section 2.  Section 373.196, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

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

20         373.196  Alternative water supply development.--

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

22  cooperation in the development of water supplies and to

23  provide for alternative water supply development.

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

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

26  environment, agriculture, industry, and mining will continue

27  to increase.

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

29  water supplies for Florida to sustain its economic growth,

30  economic viability, and natural resources.

31  

                                  13

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 1         (c)  Cooperative efforts between municipalities,

 2  counties, special districts, water management districts, and

 3  the Department of Environmental Protection are mandatory in

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

 5  manner that will supply adequate and dependable supplies of

 6  water where needed without resulting in adverse effects upon

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

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

 9  but not limited to, withdrawals of surface water and

10  groundwater, reuse, and desalinization, and will necessitate

11  not only cooperation but also well-coordinated activities.

12  Municipalities, counties, and special districts are encouraged

13  to create regional water supply authorities as authorized in

14  s. 373.1962 or multijurisdictional water supply entities.

15         (d)  Alternative water supply development must receive

16  priority funding attention to increase the available supplies

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

18  uses and to benefit the natural systems.

19         (e)  Cooperation between counties, municipalities,

20  regional water supply authorities, multijurisdictional water

21  supply entities, special districts, and publicly owned and

22  privately owned water utilities in the development of

23  countywide and multi-countywide alternative water supply

24  projects will allow for necessary economies of scale and

25  efficiencies to be achieved in order to accelerate the

26  development of new, dependable, and sustainable alternative

27  water supplies.

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

29  municipal, industrial, agricultural, and other public and

30  private water users, the Department of Environmental

31  Protection, and the water management districts cooperate and

                                  14

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 1  work together in the development of alternative water supplies

 2  to avoid the adverse effects of competition for limited

 3  supplies of water. Public moneys or services provided to

 4  private entities for alternative water supply development may

 5  constitute public purposes that also are in the public

 6  interest.

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

 8  existing and future reasonable-beneficial uses and the natural

 9  systems, and the adverse effects of competition for water

10  supplies must be avoided.

11         (b)  Water supply development and alternative water

12  supply development must be conducted in coordination with

13  water management district regional water supply planning.

14         (c)  Funding for the development of alternative water

15  supplies shall be a shared responsibility of water suppliers

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

17  districts, with water suppliers and users having the primary

18  responsibility and the State of Florida and the water

19  management districts being responsible for providing funding

20  assistance.

21         (3)  The primary roles of the water management

22  districts in water resource development as it relates to

23  supporting alternative water resource development are:

24         (a)  The formulation and implementation of regional

25  water resource management strategies that support alternative

26  water supply development;

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

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

29  the feasibility of alternative water supply development

30  projects;

31  

                                  15

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

 2  major public works facilities for flood control, surface and

 3  underground water storage, and groundwater recharge

 4  augmentation to support alternative water supply development;

 5         (d)  Planning for alternative water supply development

 6  as provided in regional water supply plans in coordination

 7  with local governments, regional water supply authorities,

 8  multijurisdictional water supply entities, special districts,

 9  and publicly owned and privately owned water utilities and

10  self-suppliers;

11         (e)  The formulation and implementation of structural

12  and nonstructural programs to protect and manage water

13  resources in support of alternative water supply projects; and

14         (f)  The provision of technical and financial

15  assistance to local governments and publicly owned and

16  privately owned water utilities for alternative water supply

17  projects.

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

19  water supply authorities, multijurisdictional water supply

20  entities, special districts, and publicly owned and privately

21  owned water utilities in alternative water supply development

22  shall be:

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

24  maintenance of alternative water supply development projects,

25  with funding assistance from the state and the water

26  management districts;

27         (b)  The formulation and implementation of alternative

28  water supply development strategies and programs;

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

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

31  

                                  16

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

 2  and

 3         (d)  The coordination of alternative water supply

 4  development activities with the appropriate water management

 5  district having jurisdiction over the activity.

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

 7  preclude the various special districts, municipalities, and

 8  counties from continuing to operate existing water production

 9  and transmission facilities or to enter into cooperative

10  agreements with other special districts, municipalities, and

11  counties for the purpose of meeting their respective needs for

12  dependable and adequate supplies of water; however, the

13  obtaining of water through such operations shall not be done

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

15  from which such water is withdrawn.

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

17  Water Protection and Sustainability Program serve to

18  supplement existing water management district or basin board

19  funding for alternative water supply development assistance

20  and should not result in a reduction of such funding.

21  Therefore, the water management districts shall include, in

22  the annual tentative and adopted budget submittals required

23  under this chapter the amount of funds allocated for water

24  resource development that supports alternative water supply

25  development and the funds allocated for alternative water

26  supply projects selected for inclusion in the Water Protection

27  and Sustainability Program. It shall be the goal of each water

28  management district and basin boards that the combined funds

29  allocated annually for these purposes be, at a minimum, the

30  equivalent of 25 percent of the state funding provided to the

31  water management district for alternative water supply

                                  17

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 1  development. If this goal is not achieved, the water

 2  management district shall provide in the budget submittal an

 3  explanation of the reasons or constraints that prevent this

 4  goal from being met.

 5         (b)  State funds from the Water Protection and

 6  Sustainability Program created in s. 403.890 shall be made

 7  available for financial assistance for the project

 8  construction costs of alternative water supply development

 9  projects selected by a water management district governing

10  board for inclusion in the program.

11         Section 3.  Section 373.1961, Florida Statutes, is

12  amended to read:

13         373.1961  Water production; general powers and duties;

14  identification of needs; funding criteria; economic

15  incentives; reuse funding.--

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

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

18  governing board of a water management district existing

19  pursuant to this chapter:

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

21  municipalities, special districts, publicly owned and

22  privately owned water private utilities, multijurisdictional

23  water supply entities, or regional water supply authorities in

24  meeting water supply needs in such manner as will give

25  priority to encouraging conservation and reducing adverse

26  environmental effects of improper or excessive withdrawals of

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

28  373.196, regional water supply authorities are regional water

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

30  state.

31  

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 1         (b)  Shall assist counties, municipalities, special

 2  districts, publicly owned or privately owned water private

 3  utilities, multijurisdictional water supply entities, or

 4  regional water supply authorities in meeting water supply

 5  needs in such manner as will give priority to encouraging

 6  conservation and reducing adverse environmental effects of

 7  improper or excessive withdrawals of water from concentrated

 8  areas.

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

10  maintain water production and transmission facilities for the

11  purpose of supplying water to counties, municipalities,

12  special districts, publicly owned and privately owned water

13  private utilities, multijurisdictional water supply entities,

14  or regional water supply authorities.  The permit required by

15  part II of this chapter for a water management district

16  engaged in water production and transmission shall be granted,

17  denied, or granted with conditions by the department.

18         (d)  Shall not engage in local water supply

19  distribution.

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

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

22  reasonable and beneficial use of water which is required to

23  supply adequately the reasonable and beneficial needs of the

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

25         (f)  May provide water and financial assistance to

26  regional water supply authorities, but may not provide water

27  to counties and municipalities which are located within the

28  area of such authority without the specific approval of the

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

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

31  Water Adjudicatory Commission.  The district may supply water

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

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

 3  specifically approved by the Governor and Cabinet sitting as

 4  the Land and Water Adjudicatory Commission.

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

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

 7  domain, or otherwise, for water production and transmission

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

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

10  granted to acquire water and water rights already devoted to

11  reasonable and beneficial use or any water production or

12  transmission facilities owned by any county, municipality, or

13  regional water supply authority.  The district may exercise

14  eminent domain powers outside of its district boundaries for

15  the acquisition of pumpage facilities, storage areas,

16  transmission facilities, and the normal appurtenances thereto,

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

18  eminent domain, the district notifies the district where the

19  property is located after public notice and the district where

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

21  notification of such exercise of eminent domain authority.

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

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

24  purposes of paying the costs and expenses incurred in carrying

25  out the purposes of this chapter or refunding obligations of

26  the district issued pursuant to this section.  Such revenue

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

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

29  production and transmission facilities and other water-related

30  facilities and from the sale of water or services relating

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

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

 2  Management Lands Trust Fund or from ad valorem taxes received

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

 4  issuance of revenue bonds which are not inconsistent with this

 5  section shall apply to the issuance of revenue bonds pursuant

 6  to this section.  The district may also issue bond

 7  anticipation notes in accordance with the provisions of s.

 8  373.584.

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

10  districts, counties, municipalities, special districts,

11  publicly owned or privately owned water private utilities,

12  multijurisdictional water supply entities, or regional water

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

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

15  acquisitions, construction, operation, and maintenance.  The

16  contract may provide for contributions to be made by each

17  party thereto, for the division and apportionment of the

18  expenses of acquisitions, construction, operation, and

19  maintenance, and for the division and apportionment of the

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

21  contain other covenants and agreements necessary and

22  appropriate to accomplish their purposes.

23         (2)  IDENTIFICATION OF WATER SUPPLY NEEDS IN DISTRICT

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

25  responsibilities as expeditiously as possible in areas subject

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

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

28  the fiscal year to assist in implementing alternative water

29  supply development projects. The Legislature finds that, due

30  to a combination of factors, vastly increased demands have

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

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 1  absent increased development of alternative water supplies,

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

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

 4  significant quantities of alternative water supplies,

 5  including reclaimed water, and that water production includes

 6  the development of alternative water supplies, including

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

 8  Legislature that utilities develop reclaimed water systems,

 9  where reclaimed water is the most appropriate alternative

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

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

12  to construct reclaimed water system infrastructure to their

13  owned or operated properties and facilities where they have

14  reclamation capability. It is also the intent of the

15  Legislature that

16         (3)  FUNDING.--

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

18  which levy ad valorem taxes for water management purposes

19  should share a percentage of those tax revenues with water

20  providers and users, including local governments, water,

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

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

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

24  sources in the development of alternative water supplies. The

25  Legislature finds that public moneys or services provided to

26  private entities for such uses constitute public purposes

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

28  development and use of alternative water supply systems,

29  including reclaimed water systems, the Legislature provides

30  the following:

31  

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

 2  shall annually provide a portion of those revenues deposited

 3  into the Water Protection and Sustainability Trust Fund for

 4  the purpose of providing funding assistance for the

 5  development of alternative water supplies pursuant to the

 6  Water Protection and Sustainability Program.  At the beginning

 7  of each fiscal year, beginning with fiscal year 2005-2006,

 8  such revenues shall be distributed by the department into the

 9  alternative water supply trust fund accounts created by each

10  district for the purpose of alternative supply development

11  under the following funding formula:

12         1.  Thirty percent to the South Florida Water

13  Management District;

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

15  Management District;

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

17  Management District;

18         4.  Ten percent to the Suwannee River Water Management

19  District; and

20         5.  Ten percent to the Northwest Florida Water

21  Management District.

22         (c)  The financial assistance for alternative water

23  supply projects allocated in each district's budget as

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

25  funds and used to assist in funding the project construction

26  costs of alternative water supply projects selected by the

27  governing board. If the district has not completed any

28  regional water supply plan, or the regional water supply plan

29  does not identify the need for any alternative water supply

30  projects, funds deposited in that district's trust fund may be

31  

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 1  used for water resource development projects, including, but

 2  not limited to, springs protection.

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

 4  consideration shall reflect the total capital cost for

 5  implementation.  The costs shall be segregated pursuant to the

 6  categories described in the definition of capital costs.

 7         (e)  Applicants for projects that may receive funding

 8  assistance pursuant to the Water Protection and Sustainability

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

10  the project's construction costs. The water management

11  districts may, at their discretion, totally or partially waive

12  this requirement for projects sponsored by financially

13  disadvantaged small local governments as defined in s.

14  403.885(4).

15         (f)  The governing boards shall determine those

16  projects that will be selected for financial assistance.  The

17  governing boards may establish factors to determine project

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

19  following factors:

20         1.  Whether the project provides substantial

21  environmental benefits by preventing or limiting adverse water

22  resource impacts.

23         2.  Whether the project reduces competition for water

24  supplies.

25         3.  Whether the project brings about replacement of

26  traditional sources in order to help implement a minimum flow

27  or level or a reservation.

28         4.  Whether the project will be implemented by a

29  consumptive use permittee that has achieved the targets

30  contained in a goal-based water conservation program approved

31  pursuant to s. 373.227.

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

 2  compared to its cost.

 3         6.  Projects in which the construction and delivery to

 4  end users of reuse water is a major component.

 5         7.  Whether the project will be implemented by a

 6  multijurisdictional water supply entity or regional water

 7  supply authority.

 8         (g)  Additional factors to be considered in determining

 9  project funding shall include:

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

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

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

13  participants in a multijurisdictional water supply entity or

14  regional water supply authority.

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

16  water supplier or water user.

17         3.  Whether the project proposal includes sufficient

18  preliminary planning and engineering to demonstrate that the

19  project can reasonably be implemented within the timeframes

20  provided in the regional water supply plan.

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

22  alternative water supply project that is underway.

23         5.  Whether and in what percentage a local government

24  or local government utility is transferring water supply

25  system revenues to the local government general fund in excess

26  of reimbursements for services received from the general fund,

27  including direct and indirect costs and legitimate payments in

28  lieu of taxes.

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

30  public input on eligible projects including input from those

31  entities identified pursuant to s. 373.036(2)(a)3.d. for

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 1  implementation of alternative water supply projects, the

 2  governing board of each water management district shall select

 3  projects for funding assistance based upon the criteria set

 4  forth in paragraphs (f) and (g). The governing board may

 5  select a project identified or listed as an alternative water

 6  supply development project in the regional water supply plan,

 7  or allocate up to 20 percent of the funding for alternative

 8  water supply projects that are not identified or listed in the

 9  regional water supply plan but are consistent with the goals

10  of the plan.

11         (a)  The governing boards of the water management

12  districts where water resource caution areas have been

13  designated shall include in their annual budgets an amount for

14  the development of alternative water supply systems, including

15  reclaimed water systems, pursuant to the requirements of this

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

17  available to water providers and users no later than December

18  31 of each year, through grants, matching grants, revolving

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

20  the requirements of this subsection and guidelines established

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

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

23         (i)  Without diminishing amounts available through

24  other means described in this paragraph, the governing boards

25  are encouraged to consider establishing revolving loan funds

26  to expand the total funds available to accomplish the

27  objectives of this section. A revolving loan fund created

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

29  water management district may make loans with interest rates

30  below prevailing market rates to public or private entities

31  for the purposes described in this section. The governing

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 1  board may adopt resolutions to establish revolving loan funds

 2  which must specify the details of the administration of the

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

 4  criteria for awarding loans from the fund, the initial

 5  capitalization of the fund, and the goals for future

 6  capitalization of the fund in subsequent budget years.

 7  Revolving loan funds created under this paragraph must be used

 8  to expand the total sums and sources of cooperative funding

 9  available for the development of alternative water supplies.

10  The Legislature does not intend for the creation of revolving

11  loan funds to supplant or otherwise reduce existing sources or

12  amounts of funds currently available through other means.

13         (j)  For each utility that receives financial

14  assistance from the state or a water management district for

15  alternative water supply project, the water management

16  district shall require the appropriate rate-setting authority

17  to develop rate structures for water customers in the service

18  area of the funded utility that will:

19         1.  Promote the conservation of water; and

20         2.  Promote the use of water from alternative water

21  supplies.

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

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

24  funds pursuant to this subsection, the appropriate

25  rate-setting authorities should develop rate structures for

26  all water, wastewater, and reclaimed water and other

27  alternative water supply utilities in the service area of the

28  funded utility, which accomplish the following:

29         1.  Provide meaningful progress toward the development

30  and implementation of alternative water supply systems,

31  including reclaimed water systems;

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 1         2.  Promote the conservation of fresh water withdrawn

 2  from natural systems;

 3         3.  Provide for an appropriate distribution of costs

 4  for all water, wastewater, and alternative water supply

 5  utilities, including reclaimed water utilities, among all of

 6  the users of those utilities; and

 7         4.  Prohibit rate discrimination within classes of

 8  utility users.

 9         (c)  Funding assistance provided by the water

10  management districts for a water reuse system project may

11  include the following grant or loan conditions for that

12  project if the water management district determines that such

13  conditions will encourage water use efficiency:

14         1.  Metering of reclaimed water use for the following

15  activities: residential irrigation, agricultural irrigation,

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

17  366.02(2), landscape irrigation, irrigation of other public

18  access areas, commercial and institutional uses such as toilet

19  flushing, and transfers to other reclaimed water utilities.

20         2.  Implementation of reclaimed water rate structures

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

22  activities listed in subparagraph 1.

23         3.  Implementation of education programs to inform the

24  public about water issues, water conservation, and the

25  importance and proper use of reclaimed water.

26         4.  Development of location data for key reuse

27  facilities.

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

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

30  government comprehensive plan and the governing body of the

31  local government must require all appropriate new facilities

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

 2  project's alternative water supplies. The appropriate local

 3  government must provide written notification to the

 4  appropriate district that the proposed project is consistent

 5  with the local government comprehensive plan.

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

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

 8  infrastructure costs for the construction of alternative water

 9  supply systems that provide alternative water supplies.

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

11  shall establish a process make available written guidelines

12  for the disbursal of revenues pursuant to this subsection.

13  Such guidelines shall include at minimum:

14         1.  An application process and a deadline for filing

15  applications annually.

16         2.  A process for determining project eligibility

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

18         3.  A process and criteria for funding projects

19  pursuant to this subsection that cross district boundaries or

20  that serve more than one district.

21         (g)  The governing board of each water management

22  district shall establish an alternative water supplies grants

23  advisory committee to recommend to the governing board

24  projects for funding pursuant to this subsection. The advisory

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

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

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

28  representatives of agricultural interests and environmental

29  interests. Each committee member shall represent his or her

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

31  entity. The committee shall apply the guidelines and project

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 1  eligibility criteria established by the governing board in

 2  reviewing proposed projects. After one or more hearings to

 3  solicit public input on eligible projects, the committee shall

 4  rank the eligible projects and shall submit them to the

 5  governing board for final funding approval. The advisory

 6  committee may submit to the governing board more projects than

 7  the available grant money would fund.

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

 9  to this subsection must be encumbered annually by the

10  governing board when if it approves projects sufficient to

11  expend the available revenues. Funds must be disbursed within

12  36 months after encumbrance.

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

14  supplies are supplies of water that have been reclaimed after

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

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

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

18  with applicable rules and standards sufficient to supply the

19  intended use.

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

21  rulemaking requirements of chapter 120.

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

23  a consolidated annual report, each water management district

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

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

26  which accounts for the disbursal of all budgeted amounts

27  pursuant to this section subsection. Such report shall

28  describe all alternative water supply projects funded as well

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

30  projects and shall account separately for any other moneys

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

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 1  the use of district lands or facilities to implement regional

 2  water supply plans.

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

 4  allow entities under its jurisdiction constructing or

 5  participating in constructing facilities that provide

 6  alternative water supplies supply facilities, including but

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

 8  their the full, prudently incurred cost of constructing such

 9  facilities through their rate structure. If construction of a

10  facility or participation in construction is pursuant to or in

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

12  deemed to be prudently incurred. Every component of an

13  alternative water supply facility constructed by an

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

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

16  subject to the recovery provisions allowed in this paragraph.

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

18  the water management districts for a water reuse system may

19  include the following conditions for that project if a water

20  management district determines that such conditions will

21  encourage water use efficiency:

22         (a)  Metering of reclaimed water use for residential

23  irrigation, agricultural irrigation, industrial uses, except

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

25  irrigation, golf course irrigation, irrigation of other public

26  access areas, commercial and institutional uses such as toilet

27  flushing, and transfers to other reclaimed water utilities;

28         (b)  Implementation of reclaimed water rate structures

29  based on actual use of reclaimed water for the reuse

30  activities listed in paragraph (a);

31  

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 1         (c)  Implementation of education programs to inform the

 2  public about water issues, water conservation, and the

 3  importance and proper use of reclaimed water; or

 4         (d)  Development of location data for key reuse

 5  facilities.

 6         Section 4.  Subsections (1) and (5) of section

 7  373.1962, Florida Statutes, are amended to read:

 8         373.1962  Regional water supply authorities.--

 9         (1)  By interlocal agreement between counties,

10  municipalities, or special districts, as applicable agreement

11  between local governmental units created or existing pursuant

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

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

14  163.01, and upon the approval of the Secretary of

15  Environmental Protection to ensure that such agreement will be

16  in the public interest and complies with the intent and

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

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

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

20  manner as will give priority to reducing adverse environmental

21  effects of excessive or improper withdrawals of water from

22  concentrated areas. In approving said agreement the Secretary

23  of Environmental Protection shall consider, but not be limited

24  to, the following:

25         (a)  Whether the geographic territory of the proposed

26  authority is of sufficient size and character to reduce the

27  environmental effects of improper or excessive withdrawals of

28  water from concentrated areas.

29         (b)  The maximization of economic development of the

30  water resources within the territory of the proposed

31  authority.

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 1         (c)  The availability of a dependable and adequate

 2  water supply.

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

 4  construct, operate, and maintain water supply facilities in

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

 6  adequate water supply will be available to all citizens within

 7  the authority.

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

 9  any municipality, county, or existing authority or

10  authorities.

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

12  area of the authority.

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

14  that which is a party to an agreement pursuant to subsection

15  (1) shall have a preferential right to purchase water from the

16  regional water supply authority for use by such county,

17  special district, or municipality.

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

19  Florida Statutes, to read:

20         373.223  Conditions for a permit.--

21         (5)  In evaluating an application for consumptive use

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

23  project as described in the regional water supply plan and

24  provides reasonable assurances of the applicant's capability

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

26  governing board or department shall presume that the

27  alternative water supply use is consistent with the public

28  interest under s. 373.223(1)(c). However, where the governing

29  board identifies the need for a multijurisdictional water

30  supply entity or regional water supply authority to develop

31  the alternative water supply project pursuant to s.

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 1  373.0361(2)(a)2., the presumption shall be accorded only to

 2  that use proposed by such entity or authority. This subsection

 3  does not effect evaluation of the use pursuant to the

 4  provisions of ss. 373.223(1)(a) and (b), (2), and (3),

 5  373.2295, and 373.233.

 6         Section 6.  Subsection (4) is added to section 373.236,

 7  Florida Statutes, to read:

 8         373.236  Duration of permits; compliance reports.--

 9         (4)  Permits approved for the development of

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

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

12  construction of the project, upon request of the permittee

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

14  extended for such additional time as is required for the

15  retirement of bonds, not including any refunding or

16  refinancing of such bonds, provided that the governing board

17  determines that the use will continue to meet the conditions

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

19  compliance reports under subsection (3).

20         Section 7.  Section 373.459, Florida Statutes, is

21  amended to read:

22         373.459  Funds for surface water improvement and

23  management.--

24         (1)  Legislative appropriations provided to the water

25  management districts for surface water improvement and

26  management activities shall be available for detailed planning

27  and plan and program implementation.

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

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

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

31  regional agency, university, or nonprofit or private

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

 2  in-kind services towards the implementation of the specific

 3  project for which it is contracting.

 4         (3)(2)  The Ecosystem Management and Restoration Trust

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

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

 7  department shall administer all funds appropriated to or

 8  received for surface water improvement and management

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

10  costs of detailed planning and plan and program implementation

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

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

13  of, treatment facilities for domestic or industrial waste

14  disposal.

15         (4)(3)  The department shall authorize the release of

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

17  373.501(2) and procedures in s. 373.59(4) and (5).

18         (5)(4)  Moneys in the fund which are not needed to meet

19  current obligations incurred under this section shall be

20  transferred to the State Board of Administration, to the

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

22  provided by law. Interest received on such investments shall

23  be credited to the trust fund.

24         Section 8.  Section 373.0361, Florida Statutes, is

25  amended to read:

26         (Substantial rewording of section. See

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

28         373.0361  Regional water supply planning.--

29         (1)  The governing board of each water management

30  district shall conduct water supply planning for any water

31  supply planning region within the district identified in the

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

 2  it determines that existing sources of water are not adequate

 3  to supply water for all existing and future

 4  reasonable-beneficial uses and to sustain the water resources

 5  and related natural systems for the planning period. The

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

 7  coordination and cooperation with local governments, regional

 8  water supply authorities, government-owned and privately owned

 9  water utilities, multijurisdictional water supply entities,

10  self-suppliers, and other affected and interested parties. The

11  districts shall actively engage in public education and

12  outreach to all affected local entities and their officials,

13  as well as members of the public, in the planning process and

14  in seeking input. During preparation, but prior to completion

15  of the regional water supply plan, the district must conduct

16  at least one public workshop to discuss the technical data and

17  modeling tools anticipated to be used to support the regional

18  water supply plan. The district shall also hold several public

19  meetings to communicate the status, overall conceptual intent,

20  and impacts of the plan on existing and future

21  reasonable-beneficial uses and natural systems. During the

22  planning process, a local government may choose to prepare its

23  own water supply assessment to determine if existing water

24  sources are adequate to meet existing and projected

25  reasonable-beneficial needs of the local government while

26  sustaining water resources and related natural systems. The

27  local government shall submit such assessment, including the

28  data and methodology used, to the district. The district shall

29  consider the local government's assessment during the

30  formation of the plan. A determination by the governing board

31  that initiation of a regional water supply plan for a specific

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 1  planning region is not needed pursuant to this section shall

 2  be subject to s. 120.569. The governing board shall reevaluate

 3  such a determination at least once every 5 years and shall

 4  initiate a regional water supply plan, if needed, pursuant to

 5  this subsection.

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

 7  at least a 20-year planning period and shall include, but need

 8  not be limited to:

 9         (a)  A water supply development component for each

10  water supply planning region identified by the district which

11  includes:

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

13  existing and future reasonable-beneficial uses within the

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

15  associated with identifying the water supply needs of existing

16  and future reasonable-beneficial uses shall be based upon

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

18  Population projections used for determining public water

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

20  determining the best available data, the district shall

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

22  Business Research (BEBR) medium population projections and any

23  population projection data and analysis submitted by a local

24  government pursuant to the public workshop described in

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

26  government's comprehensive plan. Any adjustment of or

27  deviation from the BEBR projections must be fully described,

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

29  adjusted data.

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

31  including traditional and alternative water supply project

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

 2  privately owned utilities, regional water supply authorities,

 3  multijurisdictional water supply entities, self-suppliers, and

 4  others may choose for water supply development. In addition to

 5  projects listed by the district, such users may propose

 6  specific projects for inclusion in the list of alternative

 7  water supply projects. If such users propose a project to be

 8  listed as an alternative water supply project, the district

 9  shall determine whether it meets the goals of the plan, and,

10  if so, it shall be included in the list. The total capacity of

11  the projects included in the plan shall exceed the needs

12  identified in subparagraph 1. and shall take into account

13  water conservation and other demand management measures, as

14  well as water resources constraints, including adopted minimum

15  flows and levels and water reservations. Where the district

16  determines it is appropriate, the plan should specifically

17  identify the need for multijurisdictional approaches to

18  project options that, based on planning level analysis, are

19  appropriate to supply the intended uses and that, based on

20  such analysis, appear to be permittable and financially and

21  technically feasible.

22         3.  For each project option identified in subparagraph

23  2., the following shall be provided:

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

25  available through the project.

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

27  implemented and the estimated planning-level costs for capital

28  investment and operating and maintaining the project.

29         c.  An analysis of funding needs and sources of

30  possible funding options. For alternative water supply

31  

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 1  projects the water management districts shall provide funding

 2  assistance in accordance with s. 373.1961(3).

 3         d.  Identification of the entity that should implement

 4  each project option and the current status of project

 5  implementation.

 6         (b)  A water resource development component that

 7  includes:

 8         1.  A listing of those water resource development

 9  projects that support water supply development.

10         2.  For each water resource development project listed:

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

12  available through the project.

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

14  implemented and the estimated planning-level costs for capital

15  investment and for operating and maintaining the project.

16         c.  An analysis of funding needs and sources of

17  possible funding options.

18         d.  Identification of the entity that should implement

19  each project option and the current status of project

20  implementation.

21         (c)  The recovery and prevention strategy described in

22  s. 373.0421(2).

23         (d)  A funding strategy for water resource development

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

25  cost of constructing or implementing all of the listed

26  projects.

27         (e)  Consideration of how the project options addressed

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

29  overall by preventing the loss of natural resources or

30  avoiding greater future expenditures for water resource

31  development or water supply development. However, unless

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 1  adopted by rule, these considerations do not constitute final

 2  agency action.

 3         (f)  The technical data and information applicable to

 4  each planning region which are necessary to support the

 5  regional water supply plan.

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

 7  resources within each planning region.

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

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

10         (i)  Identification of surface waters or aquifers for

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

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

13  department, of areas or instances in which the variance

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

15  create water supply development or water resource development

16  projects.

17         (3)  The water supply development component of a

18  regional water supply plan which deals with or affects public

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

20  regional water supply authority and its member governments

21  within the boundary of the Southwest Florida Water Management

22  District shall be developed jointly by the authority and the

23  district. In areas not served by regional water supply

24  authorities, or other multijurisdictional water supply

25  entities, and where opportunities exist to meet water supply

26  needs more efficiently through multijurisdictional projects

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

28  districts are directed to assist in developing

29  multijurisdictional approaches to water supply project

30  development jointly with affected water utilities, special

31  districts, and local governments.

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 1         (4)  Governing board approval of a regional water

 2  supply plan shall not be subject to the rulemaking

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

 4  approved regional water supply plan which affects the

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

 6  120.569.

 7         (5)  Annually and in conjunction with the reporting

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

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

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

11  report shall include:

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

13  potential sources of funding for water resource development

14  and water supply development projects as identified in the

15  water management district regional water supply plans.

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

17  district ad valorem tax revenues or other district funds made

18  available to develop alternative water supplies.

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

20  achieving its water resource development objectives, including

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

22  development work program.

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

24  to implement each alternative water supply project option

25  chosen by the entities and identified for implementation in

26  the plan.

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

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

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

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

31  account for additional water being made available for

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

 2  produced by each project, and an assessment of the

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

 4  providing sufficient water to meet the needs of existing and

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

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

 7         (6)  Nothing contained in the water supply development

 8  component of a regional water supply plan shall be construed

 9  to require local governments, government-owned or privately

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

11  regional water supply authorities, multijurisdictional water

12  supply entities, or other water suppliers to select a water

13  supply development project identified in the component merely

14  because it is identified in the plan. Except as provided in s.

15  373.223(3) and (5), the plan may not be used in the review of

16  permits under part II unless the plan or an applicable portion

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

18  does not prohibit a water management district from employing

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

20  reviewing permits under part II, nor does it limit the

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

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

23  planning region shows the need for one or more alternative

24  water supply projects, the district shall notify the affected

25  local governments and make every reasonable effort to educate

26  and involve local public officials in working toward solutions

27  in conjunction with the districts and, where appropriate,

28  other local and regional water supply entities.

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

30  its regional water supply plan, each water management district

31  shall notify by certified mail each entity identified in

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

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

 3  water management district shall appear before and present its

 4  findings and recommendations to the entity.

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

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

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

 8  water management district written notification of the

 9  following: the alternative water supply projects or options

10  identified in s. 373.0361(2)(a) which it has developed or

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

12  water to be produced by each project; and the status of

13  project implementation, including development of the financial

14  plan, facilities master planning, permitting, and efforts in

15  coordinating multijurisdictional projects, if applicable. The

16  information provided in the notification shall be updated

17  annually and a progress report shall be provided by November

18  15 of each year to the water management district. If an entity

19  does not intend to develop one or more of the alternative

20  water supply project options identified in the regional water

21  supply plan, the entity shall propose, within 1 year after

22  notification by a water management district pursuant to

23  paragraph (a), another alternative water supply project option

24  sufficient to address the needs identified in paragraph (2)(a)

25  within the entity's jurisdiction and shall provide an estimate

26  of the quantity of water to be produced by the project and the

27  status of project implementation as described in this

28  paragraph. The entity may request that the water management

29  district consider the other project for inclusion in the

30  regional water supply plan.

31  

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

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

 3  for such update shall be extended by 1 year.

 4         Section 9.  Paragraph (c) of subsection (6) of section

 5  163.3177, Florida Statutes, is amended to read:

 6         163.3177  Required and optional elements of

 7  comprehensive plan; studies and surveys.--

 8         (6)  In addition to the requirements of subsections

 9  (1)-(5), the comprehensive plan shall include the following

10  elements:

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

12  potable water, and natural groundwater aquifer recharge

13  element correlated to principles and guidelines for future

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

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

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

17  detailed engineering plan including a topographic map

18  depicting areas of prime groundwater recharge. The element

19  shall describe the problems and needs and the general

20  facilities that will be required for solution of the problems

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

22  depicting any areas adopted by a regional water management

23  district as prime groundwater recharge areas for the Floridan

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

25  shall be given special consideration when the local government

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

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

28  surveys shall be provided which indicate the suitability of

29  soils for septic tanks. Within 18 months after the governing

30  board approves an updated regional water supply plan By

31  December 1, 2006, the element must incorporate the alternative

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 1  water supply project or projects selected by the local

 2  government from those identified in the regional water supply

 3  plan pursuant to s. 373.0361(2)(a) or proposed by the local

 4  government under s. 373.0361(7)(a) consider the appropriate

 5  water management district's regional water supply plan

 6  approved pursuant to s. 373.0361. The element must identify

 7  such alternative water supply projects and, traditional water

 8  supply projects and conservation and reuse, necessary to meet

 9  the water needs identified in s. 373.0361(2)(a) within the

10  local government's jurisdiction and include a work plan,

11  covering the comprehensive plan's established at least a

12  10-year planning period, for building public, private, and

13  regional water supply facilities, including development of

14  alternative water supplies, which that are identified in the

15  element as necessary to serve existing and new development and

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

17  shall be updated, at a minimum, every 5 years within 18 12

18  months after the governing board of a water management

19  district approves an updated regional water supply plan. Local

20  governments, public and private utilities, regional water

21  supply authorities, special districts, and water management

22  districts are encouraged to cooperatively plan for the

23  development of multijurisdictional water supply facilities

24  sufficient to meet projected demands for established planning

25  periods, including the development of alternative water

26  sources to supplement traditional sources of groundwater and

27  surface water supplies. Amendments to incorporate the work

28  plan do not count toward the limitation on the frequency of

29  adoption of amendments to the comprehensive plan.

30         Section 10.  Paragraph (a) of subsection (2) of section

31  163.3180, Florida Statutes, is amended to read:

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 1         163.3180  Concurrency.--

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

 3  adequate water supplies and sanitary sewer, solid waste,

 4  drainage, and potable water facilities shall be in place and

 5  available to serve new development no later than the issuance

 6  by the local government of a certificate of occupancy or its

 7  functional equivalent. Prior to approval of a building permit

 8  or its functional equivalent, the local government shall

 9  confirm with the applicable water supplier that adequate water

10  supplies to serve the new development will be available no

11  later than the anticipated date of issuance by the local

12  government of a certificate of occupancy or its functional

13  equivalent.

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

15  163.3191, Florida Statutes, is amended to read:

16         163.3191  Evaluation and appraisal of comprehensive

17  plan.--

18         (2)  The report shall present an evaluation and

19  assessment of the comprehensive plan and shall contain

20  appropriate statements to update the comprehensive plan,

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

22  other media, related to:

23         (l)  The extent to which the local government has been

24  successful in identifying alternative water supply projects

25  and traditional water supply projects, including conservation

26  and reuse, necessary to meet the water needs identified in s.

27  373.0361(2)(a) within the local government's jurisdiction. The

28  report must evaluate the degree to which the local government

29  has implemented the work plan for building public, private,

30  and regional water supply facilities, including development of

31  alternative water supplies, identified in the element as

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 1  necessary to serve existing and new development. The

 2  evaluation must consider the appropriate water management

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

 4  373.0361. The potable water element must be revised to include

 5  a work plan, covering at least a 10-year planning period, for

 6  building any water supply facilities that are identified in

 7  the element as necessary to serve existing and new development

 8  and for which the local government is responsible.

 9         Section 12.  Paragraph (d) of subsection (2) and

10  subsections (6), (7), (8), and (11) of section 403.067,

11  Florida Statutes, are amended to read:

12         403.067  Establishment and implementation of total

13  maximum daily loads.--

14         (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance

15  with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33

16  U.S.C. ss. 1251 et seq., the department must submit

17  periodically to the United States Environmental Protection

18  Agency a list of surface waters or segments for which total

19  maximum daily load assessments will be conducted. The

20  assessments shall evaluate the water quality conditions of the

21  listed waters and, if such waters are determined not to meet

22  water quality standards, total maximum daily loads shall be

23  established, subject to the provisions of subsection (4). The

24  department shall establish a priority ranking and schedule for

25  analyzing such waters.

26         (d)  If the department proposes to implement total

27  maximum daily load calculations or allocations established

28  prior to the effective date of this act, the department shall

29  adopt those calculations and allocations by rule by the

30  secretary pursuant to ss. 120.536(1) and 120.54 and paragraph

31  (6)(c) (6)(d).

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 1         (6)  CALCULATION AND ALLOCATION.--

 2         (a)  Calculation of total maximum daily load.

 3         1.  Prior to developing a total maximum daily load

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

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

 6  coordinate with applicable local governments, water management

 7  districts, the Department of Agriculture and Consumer

 8  Services, other appropriate state agencies, local soil and

 9  water conservation districts, environmental groups, regulated

10  interests, and affected pollution sources to determine the

11  information required, accepted methods of data collection and

12  analysis, and quality control/quality assurance requirements.

13  The analysis may include mathematical water quality modeling

14  using approved procedures and methods.

15         2.  The department shall develop total maximum daily

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

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

18  ranking and schedule unless the impairment of such waters is

19  due solely to activities other than point and nonpoint sources

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

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

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

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

24  predominantly due to activities other than point and nonpoint

25  sources. The total maximum daily load calculation shall

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

27  body segment may receive from all sources without exceeding

28  water quality standards, and shall account for seasonal

29  variations and include a margin of safety that takes into

30  account any lack of knowledge concerning the relationship

31  between effluent limitations and water quality. The total

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

 2  goal developed by a water management district, provided that

 3  such pollutant load reduction goal is promulgated by the

 4  department in accordance with the procedural and substantive

 5  requirements of this subsection.

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

 7  maximum daily loads shall include establishment of reasonable

 8  and equitable allocations of the total maximum daily load

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

10  or in conjunction with other management and restoration

11  activities, provide for the attainment of the pollutant

12  reductions established pursuant to paragraph (a) to achieve

13  water quality standards for the pollutant causing impairment

14  water quality standards and the restoration of impaired

15  waters. The allocations may establish the maximum amount of

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

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

18  water body segment in combination with other discharges or

19  releases. Allocations may also be made to individual basins

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

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

22  body segments. An initial allocation of allowable pollutant

23  loads among point and nonpoint sources may be developed as

24  part of the total maximum daily load. However, in such cases,

25  the detailed allocation to specific point sources and specific

26  categories of nonpoint sources shall be established in the

27  basin management action plan pursuant to subsection (7). The

28  initial and detailed allocations shall be designed to attain

29  the pollutant reductions established pursuant to paragraph (a)

30  water quality standards and shall be based on consideration of

31  the following:

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 1         1.  Existing treatment levels and management practices;

 2         2.  Best management practices established and

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

 4         3.  Enforceable treatment levels established pursuant

 5  to state or local law or permit;

 6         4.2.  Differing impacts pollutant sources and forms of

 7  pollutant may have on water quality;

 8         5.3.  The availability of treatment technologies,

 9  management practices, or other pollutant reduction measures;

10         6.4.  Environmental, economic, and technological

11  feasibility of achieving the allocation;

12         7.5.  The cost benefit associated with achieving the

13  allocation;

14         8.6.  Reasonable timeframes for implementation;

15         9.7.  Potential applicability of any moderating

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

17  and

18         10.8.  The extent to which nonattainment of water

19  quality standards is caused by pollution sources outside of

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

21  bodies prior to the date of this act.

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

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

24  Senate, and the Speaker of the House of Representatives

25  containing recommendations, including draft legislation, for

26  any modifications to the process for allocating total maximum

27  daily loads, including the relationship between allocations

28  and the watershed or basin management planning process. Such

29  recommendations shall be developed by the department in

30  cooperation with a technical advisory committee which includes

31  representatives of affected parties, environmental

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 1  organizations, water management districts, and other

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

 3  technical advisory committee shall also include such members

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

 5  Speaker of the House of Representatives.

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

 7  calculations and allocations established under this subsection

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

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

10  403.805. Where additional data collection and analysis are

11  needed to increase the scientific precision and accuracy of

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

13  adopt phased total maximum daily loads that are subject to

14  change as additional data becomes available. Where phased

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

16  in the detailed statement of facts and circumstances

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

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

19  adopted pursuant to this paragraph shall not be subject to

20  approval by the Environmental Regulation Commission. As part

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

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

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

24  being developed. Notice of the public workshop shall be

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

26  the public workshop in a newspaper of general circulation in

27  the county or counties containing the water bodies or water

28  body segments for which the total maximum daily load

29  calculation and allocation are being developed.

30         (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND

31  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

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 1         (a)  Basin management action plans.--

 2         1.  In developing and implementing the total maximum

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

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

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

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

 7  shall integrate the appropriate management strategies

 8  available to the state through existing water quality

 9  protection programs to achieve the total maximum daily loads

10  and may provide for phased implementation of these management

11  strategies to promote timely, cost-effective actions as

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

13  schedule for implementing the management strategies, establish

14  a basis for evaluating the plan's effectiveness, and identify

15  feasible funding strategies for implementing the plan's

16  management strategies. The management strategies may include

17  regional treatment systems or other public works, where

18  appropriate, to achieve the needed pollutant load reductions.

19         2.  A basin management action plan shall equitably

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

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

22  identified point source or category of nonpoint sources, as

23  appropriate. For nonpoint sources for which best management

24  practices have been adopted, the initial requirement specified

25  by the plan shall be those practices developed pursuant to

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

27  pollutant-load-reduction credits to dischargers that have

28  implemented management strategies to reduce pollutant loads,

29  including best management practices, prior to the development

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

31  

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 1  identify the mechanisms by which potential future increases in

 2  pollutant loading will be addressed.

 3         3.  The basin management action planning process is

 4  intended to involve the broadest possible range of interested

 5  parties, with the objective of encouraging the greatest amount

 6  of cooperation and consensus possible. In developing a basin

 7  management action plan, the department shall assure that key

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

 9  governments, water management districts, the Department of

10  Agriculture and Consumer Services, other appropriate state

11  agencies, local soil and water conservation districts,

12  environmental groups, regulated interests, and affected

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

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

15  vicinity of the watershed or basin to discuss and receive

16  comments during the planning process and shall otherwise

17  encourage public participation to the greatest practicable

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

19  newspaper of general circulation in each county in which the

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

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

22  shall not supplant or otherwise alter any assessment made

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

24  initial allocation.

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

26  basin management action plan by secretarial order pursuant to

27  chapter 120 to implement the provisions of this section.

28         5.  The basin management action plan shall include

29  milestones for implementation and water quality improvement,

30  and an associated water quality monitoring component

31  sufficient to evaluate whether reasonable progress in

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 1  pollutant load reductions is being achieved over time. An

 2  assessment of progress toward these milestones shall be

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

 4  made as appropriate. Revisions to the basin management action

 5  plan shall be made by the department in cooperation with basin

 6  stakeholders. Revisions to the management strategies required

 7  for nonpoint sources shall follow the procedures set forth in

 8  subparagraph (c)4. Revised basin management action plans shall

 9  be adopted pursuant to subparagraph 4.

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

11         1.  The department shall be the lead agency in

12  coordinating the implementation of the total maximum daily

13  loads through existing water quality protection programs.

14  Application of a total maximum daily load by a water

15  management district shall be consistent with this section and

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

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

18  the calculation and allocation previously established by the

19  department. Such programs may include, but are not limited to:

20         a.1.  Permitting and other existing regulatory

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

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

23  including best management practices, cost sharing, waste

24  minimization, pollution prevention, agreements established

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

26         c.3.  Other water quality management and restoration

27  activities, for example surface water improvement and

28  management plans approved by water management districts or

29  watershed or basin management action plans developed pursuant

30  to this subsection;

31  

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 1         d.4.  Pollutant trading or other equitable economically

 2  based agreements;

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

 4         f.6.  Land acquisition.

 5         2.  For a basin management action plan adopted pursuant

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

 7  reduction requirements associated with a pollutant of concern

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

 9  including effluent limits set forth for a discharger subject

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

11  manner in subsequent NPDES permits or permit modifications for

12  that discharger. The department shall not impose limits or

13  conditions implementing an adopted total maximum daily load in

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

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

16  basin management action plan.

17         a.  Absent a detailed allocation, total maximum daily

18  loads shall be implemented through NPDES permit conditions

19  that afford a compliance schedule.  In such instances, a

20  facility's NPDES permit shall allow time for the issuance of

21  an order adopting the basin management action plan. The time

22  allowed for the issuance of an order adopting the plan shall

23  not exceed five years. Upon issuance of an order adopting the

24  plan, the permit shall be reopened, as necessary, and permit

25  conditions consistent with the plan shall be established.

26  Notwithstanding the other provisions of this subparagraph,

27  upon request by a NPDES permittee, the department as part of a

28  permit issuance, renewal or modification may establish

29  individual allocations prior to the adoption of a basin

30  management action plan.

31  

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 1         b.  For holders of NPDES municipal separate storm sewer

 2  system permits and other stormwater sources, implementation of

 3  a total maximum daily load or basin management action plan

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

 5  the use of best management practices or other management

 6  measures.

 7         c.  The basin management action plan does not relieve

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

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

10  the permit.

11         d.  Management strategies set forth in a basin

12  management action plan to be implemented by a discharger

13  subject to permitting by the department shall be completed

14  pursuant to the schedule set forth in the basin management

15  action plan. This implementation schedule may extend beyond

16  the 5-year term of an NPDES permit.

17         e.  Management strategies and pollution reduction

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

19  specific pollutant of concern shall not be subject to

20  challenge under chapter 120 at the time they are incorporated,

21  in an identical form, into a subsequent NPDES permit or permit

22  modification.

23         f.  For nonagricultural pollutant sources not subject

24  to NPDES permitting but permitted pursuant to other state,

25  regional, or local water quality programs, the pollutant

26  reduction actions adopted in a basin management action plan

27  shall be implemented to the maximum extent practicable as part

28  of those permitting programs.

29         g.  A nonpoint source discharger included in a basin

30  management action plan shall demonstrate compliance with the

31  pollutant reductions established pursuant to subsection (6) by

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 1  either implementing the appropriate best management practices

 2  established pursuant to paragraph (c) or conducting water

 3  quality monitoring prescribed by the department or a water

 4  management district.

 5         h.  A nonpoint source discharger included in a basin

 6  management action plan may be subject to enforcement action by

 7  the department or a water management district based upon a

 8  failure to implement the responsibilities set forth in

 9  sub-subparagraph g.

10         i.  A landowner, discharger, or other responsible

11  person who is implementing applicable management strategies

12  specified in an adopted basin management action plan shall not

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

14  implement additional management strategies to reduce pollutant

15  loads to attain the pollutant reductions established pursuant

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

17  this section. This subparagraph does not limit the authority

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

19  specified in subparagraph (a)5.

20         (b)  In developing and implementing the total maximum

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

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

23  watershed or basin management plan that addresses some or all

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

25  These plans will serve to fully integrate the management

26  strategies available to the state for the purpose of

27  implementing the total maximum daily loads and achieving water

28  quality restoration. The watershed or basin management

29  planning process is intended to involve the broadest possible

30  range of interested parties, with the objective of encouraging

31  the greatest amount of cooperation and consensus possible. The

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 1  department or water management district shall hold at least

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

 3  to discuss and receive comments during the planning process

 4  and shall otherwise encourage public participation to the

 5  greatest practical extent. Notice of the public meeting shall

 6  be published in a newspaper of general circulation in each

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

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

 9  watershed or basin management plan shall not supplant or

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

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

12  403.086(6).

13         (c)  Best management practices.--

14         1.  The department, in cooperation with the water

15  management districts and other interested parties, as

16  appropriate, may develop suitable interim measures, best

17  management practices, or other measures necessary to achieve

18  the level of pollution reduction established by the department

19  for nonagricultural nonpoint pollutant sources in allocations

20  developed pursuant to subsection (6) and this subsection

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

22  by rule by the department and the water management districts

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

24  rule, shall may be implemented by those parties responsible

25  for nonagricultural nonpoint source pollution pollutant

26  sources and the department and the water management districts

27  shall assist with implementation. Where interim measures, best

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

29  the effectiveness of such practices in achieving the levels of

30  pollution reduction established in allocations developed by

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

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 1  by the department. Implementation, in accordance with

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

 3  department to be effective at representative sites shall

 4  provide a presumption of compliance with state water quality

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

 6  those pollutants addressed by the practices, and the

 7  department is not authorized to institute proceedings against

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

 9  damages associated with the contamination of surface or ground

10  water caused by those pollutants. Such rules shall also

11  incorporate provisions for a notice of intent to implement the

12  practices and a system to assure the implementation of the

13  practices, including recordkeeping requirements. Where water

14  quality problems are detected despite the appropriate

15  implementation, operation, and maintenance of best management

16  practices and other measures according to rules adopted under

17  this paragraph, the department or the water management

18  districts shall institute a reevaluation of the best

19  management practice or other measures.

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

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

22  120.536(1) and 120.54 suitable interim measures, best

23  management practices, or other measures necessary to achieve

24  the level of pollution reduction established by the department

25  for agricultural pollutant sources in allocations developed

26  pursuant to subsection (6) and this subsection paragraph

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

28  those parties responsible for agricultural pollutant sources

29  and the department, the water management districts, and the

30  Department of Agriculture and Consumer Services shall assist

31  with implementation. Where interim measures, best management

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

 2  effectiveness of such practices in achieving the levels of

 3  pollution reduction established in allocations developed by

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

 5  by the department.  Implementation, in accordance with

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

 7  department to be effective 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 or ground

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

15  and adopting rules for interim measures, best management

16  practices, or other measures, the Department of Agriculture

17  and Consumer Services shall consult with the department, the

18  Department of Health, the water management districts,

19  representatives from affected farming groups, and

20  environmental group representatives. Such rules shall also

21  incorporate provisions for a notice of intent to implement the

22  practices and a system to assure the implementation of the

23  practices, including recordkeeping requirements. Where water

24  quality problems are detected despite the appropriate

25  implementation, operation, and maintenance of best management

26  practices and other measures according to rules adopted under

27  this paragraph, the Department of Agriculture and Consumer

28  Services shall institute a reevaluation of the best management

29  practice or other measure.

30         3.  Where interim measures, best management practices,

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

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 1  such practices in achieving the levels of pollution reduction

 2  established in allocations developed by the department

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

 4  verified at representative sites by the department. The

 5  department shall use best professional judgment in making the

 6  initial verification that the best management practices are

 7  effective and, where applicable, shall notify the appropriate

 8  water management district and the Department of Agriculture

 9  and Consumer Services of its initial verification prior to the

10  adoption of a rule proposed pursuant to this paragraph.

11  Implementation, in accordance with rules adopted under this

12  paragraph, of practices that have been initially verified to

13  be effective, or verified to be effective by monitoring at

14  representative sites, by the department, shall provide a

15  presumption of compliance with state water quality standards

16  and release from the provisions of s. 376.307(5) for those

17  pollutants addressed by the practices, and the department is

18  not authorized to institute proceedings against the owner of

19  the source of pollution to recover costs or damages associated

20  with the contamination of surface water or groundwater caused

21  by those pollutants.

22         4.  Where water quality problems are demonstrated,

23  despite the appropriate implementation, operation, and

24  maintenance of best management practices and other measures

25  according to rules adopted under this paragraph, the

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

27  Agriculture and Consumer Services, in consultation with the

28  department, shall institute a reevaluation of the best

29  management practice or other measure. Should the reevaluation

30  determine that the best management practice or other measure

31  requires modification, the department, a water management

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 1  district, or the Department of Agriculture and Consumer

 2  Services, as appropriate, shall revise the rule to require

 3  implementation of the modified practice within a reasonable

 4  time period as specified in the rule.

 5         5.2.  Individual agricultural records relating to

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

 7  production, profits, or other financial information which are

 8  otherwise not public records, which are reported to the

 9  Department of Agriculture and Consumer Services pursuant to

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

11  adopted pursuant to subparagraph 2. this paragraph shall be

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

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

14  any water management district, the Department of Agriculture

15  and Consumer Services shall make such individual agricultural

16  records available to that agency, provided that the

17  confidentiality specified by this subparagraph for such

18  records is maintained. This subparagraph is subject to the

19  Open Government Sunset Review Act of 1995 in accordance with

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

21  reviewed and saved from repeal through reenactment by the

22  Legislature.

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

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

25  water management district from requiring compliance with water

26  quality standards or with current best management practice

27  requirements set forth in any applicable regulatory program

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

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

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

31  with any rules adopted promulgated by the department that are

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 1  necessary to maintain a federally delegated or approved

 2  program.

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

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

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

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

 7  guidance under subsection (5);

 8         (b)  Administration of funds to implement the total

 9  maximum daily load and basin management action planning

10  programs program;

11         (c)  Procedures for pollutant trading among the

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

13  including a mechanism for the issuance and tracking of

14  pollutant credits. Such procedures may be implemented through

15  permits or other authorizations and must be legally binding.

16  Prior to adopting rules for pollutant trading under this

17  paragraph, and no later than November 30, 2006, the Department

18  of Environmental Protection shall submit a report to the

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

20  House of Representatives containing recommendations on such

21  rules, including the proposed basis for equitable economically

22  based agreements and the tracking and accounting of pollution

23  credits or other similar mechanisms. Such recommendations

24  shall be developed in cooperation with a technical advisory

25  committee that includes experts in pollutant trading and

26  representatives of potentially affected parties; No rule

27  implementing a pollutant trading program shall become

28  effective prior to review and ratification by the Legislature;

29  and

30         (d)  The total maximum daily load calculation in

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

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

 2  within Lake Okeechobee proper as submitted to the United

 3  States Environmental Protection Agency pursuant to subsection

 4  (2); and.

 5         (e)  Implementation of other specific provisions.

 6         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

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

 8  legislative approval, any additional regulatory authority

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

10  130, if such implementation would result in water quality

11  discharge regulation of activities not currently subject to

12  regulation.

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

14  other measures may be developed and voluntarily implemented

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

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

17  total maximum daily load or allocation has not been

18  established. The implementation of such pollution control

19  programs may be considered by the department in the

20  determination made pursuant to subsection (4).

21         Section 13.  Paragraph (c) of subsection (3) of section

22  373.4595, Florida Statutes, is amended to read:

23         373.4595  Lake Okeechobee Protection Program.--

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

25  program for Lake Okeechobee that achieves phosphorus load

26  reductions for Lake Okeechobee shall be immediately

27  implemented as specified in this subsection. The program shall

28  address the reduction of phosphorus loading to the lake from

29  both internal and external sources. Phosphorus load reductions

30  shall be achieved through a phased program of implementation.

31  Initial implementation actions shall be technology-based,

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 1  based upon a consideration of both the availability of

 2  appropriate technology and the cost of such technology, and

 3  shall include phosphorus reduction measures at both the source

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

 5  reductions shall be based upon the district's Technical

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

 7  subsequent phases of phosphorus load reductions based upon the

 8  total maximum daily loads established in accordance with s.

 9  403.067. In the development and administration of the Lake

10  Okeechobee Protection Program, the coordinating agencies shall

11  maximize opportunities provided by federal cost-sharing

12  programs and opportunities for partnerships with the private

13  sector.

14         (c)  Lake Okeechobee Watershed Phosphorus Control

15  Program.--The Lake Okeechobee Watershed Phosphorus Control

16  Program is designed to be a multifaceted approach to reducing

17  phosphorus loads by improving the management of phosphorus

18  sources within the Lake Okeechobee watershed through continued

19  implementation of existing regulations and best management

20  practices, development and implementation of improved best

21  management practices, improvement and restoration of the

22  hydrologic function of natural and managed systems, and

23  utilization of alternative technologies for nutrient

24  reduction. The coordinating agencies shall facilitate the

25  application of federal programs that offer opportunities for

26  water quality treatment, including preservation, restoration,

27  or creation of wetlands on agricultural lands.

28         1.  Agricultural nonpoint source best management

29  practices, developed in accordance with s. 403.067 and

30  designed to achieve the objectives of the Lake Okeechobee

31  Protection Program, shall be implemented on an expedited

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

 2  develop an interagency agreement pursuant to ss. 373.046 and

 3  373.406(5) that assures the development of best management

 4  practices that complement existing regulatory programs and

 5  specifies how those best management practices are implemented

 6  and verified. The interagency agreement shall address measures

 7  to be taken by the coordinating agencies during any best

 8  management practice reevaluation performed pursuant to

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

10  judgment in making the initial determination of best

11  management practice effectiveness.

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

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

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

15  and affected parties, shall initiate rule development for

16  interim measures, best management practices, conservation

17  plans, nutrient management plans, or other measures necessary

18  for Lake Okeechobee phosphorus load reduction. The rule shall

19  include thresholds for requiring conservation and nutrient

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

21  Development of agricultural nonpoint source best management

22  practices shall initially focus on those priority basins

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

24  Consumer Services, in consultation with the department, the

25  district, and affected parties, shall conduct an ongoing

26  program for improvement of existing and development of new

27  interim measures or best management practices for the purpose

28  of adoption of such practices by rule.

29         b.  Where agricultural nonpoint source best management

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

31  Department of Agriculture and Consumer Services, the owner or

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 1  operator of an agricultural nonpoint source addressed by such

 2  rule shall either implement interim measures or best

 3  management practices or demonstrate compliance with the

 4  district's WOD program by conducting monitoring prescribed by

 5  the department or the district. Owners or operators of

 6  agricultural nonpoint sources who implement interim measures

 7  or best management practices adopted by rule of the Department

 8  of Agriculture and Consumer Services shall be subject to the

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

10  Consumer Services, in cooperation with the department and the

11  district, shall provide technical and financial assistance for

12  implementation of agricultural best management practices,

13  subject to the availability of funds.

14         c.  The district or department shall conduct monitoring

15  at representative sites to verify the effectiveness of

16  agricultural nonpoint source best management practices.

17         d.  Where water quality problems are detected for

18  agricultural nonpoint sources despite the appropriate

19  implementation of adopted best management practices, the

20  Department of Agriculture and Consumer Services, in

21  consultation with the other coordinating agencies and affected

22  parties, shall institute a reevaluation of the best management

23  practices and make appropriate changes to the rule adopting

24  best management practices.

25         2.  Nonagricultural 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 department and the district 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 department and the district during any best

 5  management practice reevaluation performed pursuant to

 6  sub-subparagraph d.

 7         a.  The department and the district are directed to

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

 9  Agricultural Sciences to develop appropriate nutrient

10  application rates for all nonagricultural soil amendments in

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

12  2001, the department, in consultation with the district and

13  affected parties, shall develop interim measures, best

14  management practices, or other measures necessary for Lake

15  Okeechobee phosphorus load reduction. Development of

16  nonagricultural nonpoint source best management practices

17  shall initially focus on those priority basins listed in

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

19  parties shall conduct an ongoing program for improvement of

20  existing and development of new interim measures or best

21  management practices. The district shall adopt

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

23  for nonagricultural nonpoint sources of phosphorus.

24         b.  Where nonagricultural nonpoint source best

25  management practices or interim measures have been developed

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

27  operator of a nonagricultural nonpoint source shall implement

28  interim measures or best management practices and be subject

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

30  district shall provide technical and financial assistance for

31  

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 1  implementation of nonagricultural nonpoint source best

 2  management practices, subject to the availability of funds.

 3         c.  The district or the department shall conduct

 4  monitoring at representative sites to verify the effectiveness

 5  of nonagricultural nonpoint source best management practices.

 6         d.  Where water quality problems are detected for

 7  nonagricultural nonpoint sources despite the appropriate

 8  implementation of adopted best management practices, the

 9  department and the district shall institute a reevaluation of

10  the best management practices.

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

12  preclude the department or the district from requiring

13  compliance with water quality standards or with current best

14  management practices requirements set forth in any applicable

15  regulatory program authorized by law for the purpose of

16  protecting water quality. Additionally, subparagraphs 1. and

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

18  with any rules promulgated by the department that are

19  necessary to maintain a federally delegated or approved

20  program.

21         4.  Projects which reduce the phosphorus load

22  originating from domestic wastewater systems within the Lake

23  Okeechobee watershed shall be given funding priority in the

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

25  department shall coordinate and provide assistance to those

26  local governments seeking financial assistance for such

27  priority projects.

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

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

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

31  following methods: restoring the natural hydrology of the

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 1  basin, restoring wildlife habitat or impacted wetlands,

 2  reducing peak flows after storm events, increasing aquifer

 3  recharge, or protecting range and timberland from conversion

 4  to development, are eligible for grants available under this

 5  section from the coordinating agencies.  For projects of

 6  otherwise equal priority, special funding priority will be

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

 8  outlined above that involve public-private partnerships or

 9  that obtain federal match money. Preference ranking above the

10  special funding priority will be given to projects located in

11  a rural area of critical economic concern designated by the

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

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

14  limited to, the purchase of conservation and flowage

15  easements, hydrologic restoration of wetlands, creating

16  treatment wetlands, development of a management plan for

17  natural resources, and financial support to implement a

18  management plan.

19         6.a.  The department shall require all entities

20  disposing of domestic wastewater residuals within the Lake

21  Okeechobee watershed and the remaining areas of Okeechobee,

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

23  department an agricultural use plan that limits applications

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

25  concentrations originating from these application sites shall

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

27  program.

28         b.  Private and government-owned utilities within

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

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

31  dispose of wastewater residual sludge from utility operations

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 1  and septic removal by land spreading in the Lake Okeechobee

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

 3  wastewater residual treatment and disposal if such disposal

 4  and treatment is done by approved alternative treatment

 5  methodology at a facility located within the areas designated

 6  by the Governor as rural areas of critical economic concern

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

 8  environmental protection disposal fee above the present sewer

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

10  rate to customers, notwithstanding provisions to the contrary

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

12  commission or its designated assignee in the county in which

13  the alternative method treatment facility is located. The fee

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

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

16  Upon request by an affected county commission, the Florida

17  Public Service Commission will provide assistance in

18  establishing the fee. Further, for utilities and utility

19  authorities that use the additional line item environmental

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

21  rate increase under the rules of the Public Service Commission

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

23  provisions of this section may immediately include in their

24  sewer invoicing the new environmental protection disposal fee.

25  Proceeds from this environmental protection disposal fee shall

26  be used for treatment and disposal of wastewater residuals,

27  including any treatment technology that helps reduce the

28  volume of residuals that require final disposal, but such

29  proceeds shall not be used for transportation or shipment

30  costs for disposal or any costs relating to the land

31  application of residuals in the Lake Okeechobee watershed.

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

 2  Florida Public Service Commission or the county commission

 3  through the services of an independent auditor shall perform a

 4  financial audit of all facilities receiving compensation from

 5  an environmental protection disposal fee. The Florida Public

 6  Service Commission or the county commission through the

 7  services of an independent auditor shall also perform an audit

 8  of the methodology used in establishing the environmental

 9  protection disposal fee. The Florida Public Service Commission

10  or the county commission shall, within 120 days after

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

12  President of the Senate and the Speaker of the House of

13  Representatives and shall provide copies to the county

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

15  The books and records of any facilities receiving compensation

16  from an environmental protection disposal fee shall be open to

17  the Florida Public Service Commission and the Auditor General

18  for review upon request.

19         7.  The Department of Health shall require all entities

20  disposing of septage within the Lake Okeechobee watershed and

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

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

23  agricultural use plan that limits applications based upon

24  phosphorus loading.  By July 1, 2005, phosphorus

25  concentrations originating from these application sites shall

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

27  program.

28         8.  The Department of Agriculture and Consumer Services

29  shall initiate rulemaking requiring entities within the Lake

30  Okeechobee watershed and the remaining areas of Okeechobee,

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

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 1  develop conservation or nutrient management plans that limit

 2  application, based upon phosphorus loading. Such rules may

 3  include criteria and thresholds for the requirement to develop

 4  a conservation or nutrient management plan, requirements for

 5  plan approval, and recordkeeping requirements.

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

 7  district, the district shall require responsible parties to

 8  demonstrate that proposed changes in land use will not result

 9  in increased phosphorus loading over that of existing land

10  uses.

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

12  Agriculture and Consumer Services, as appropriate, shall

13  implement those alternative nutrient reduction technologies

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

15         Section 14.  Subsection (1) of section 570.085, Florida

16  Statutes, is amended to read:

17         570.085  Department of Agriculture and Consumer

18  Services; agricultural water conservation.--The department

19  shall establish an agricultural water conservation program

20  that includes the following:

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

22  appropriate with the United States Department of Agriculture

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

24  irrigation system retrofit and application of mobile

25  irrigation laboratory evaluations for water conservation as

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

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

28  403.067(7)(d).

29         Section 15.  Section 403.885, Florida Statutes, is

30  amended to read:

31  

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 1         403.885  Stormwater management; wastewater management;

 2  Water Quality Improvement and Water Restoration Grant

 3  Program.--

 4         (1)  The Department of Environmental Protection shall

 5  develop and administer a competitive grant program to use

 6  funds transferred pursuant to s. 212.20 to the Ecosystem

 7  Management and Restoration Trust Fund or other moneys as

 8  appropriated by the Legislature for stormwater management,

 9  wastewater management, water quality improvement and water

10  restoration project grants. Eligible recipients of such grants

11  include counties, municipalities, water management districts,

12  and special districts that have legal responsibilities for

13  water quality improvement, water management, storm water

14  management, wastewater management, and water sewer system

15  operations, and lake and river restoration projects. Drinking

16  water projects are not eligible for funding pursuant to this

17  section.

18         (2)  The competitive grant program shall provide for

19  the evaluation of annual grant proposals.  The department

20  shall evaluate such proposals to determine if they:

21         (a)  Protect public health and the environment.

22         (b)  Implement plans developed pursuant to the Surface

23  Water Improvement and Management Act created in part IV of

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

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

26  plans adopted by local government for water quality

27  improvement and water restoration.

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

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

30  requirements:

31  

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 1         (a)  An application for a stormwater management project

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

 3  management district with jurisdiction in the project area.

 4  District approval must be based on a determination that the

 5  project provides a benefit to a priority water body.

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

 7  application for a wastewater management project may be funded

 8  only if:

 9         1.  The project has been funded previously through a

10  line item in the General Appropriations Act; and

11         2.  The project is under construction.

12         (c)  An application for a wastewater management project

13  that would qualify as a water pollution control project and

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

15  sponsor has submitted an application to the department for

16  funding pursuant to that section.

17         (4)  All project applicants must provide local matching

18  funds as follows:

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

20  management project shall provide local matching funds equal to

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

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

23  management project shall provide matching funds equal to at

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

25  

26  The requirement for matching funds may be waived if the

27  applicant is a financially disadvantaged small local

28  government as defined in subsection (5).

29         (3)  The department shall evaluate the annual grant

30  proposals and present the annual list of projects recommended

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

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 1  its annual budget request submitted pursuant to chapter 216

 2  beginning with fiscal year 2003-2004.

 3         (5)(4)  Each fiscal year, at least 20 percent of the

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

 5  be used for projects to assist financially disadvantaged small

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

 7  "financially disadvantaged small local government" means a

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

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

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

11  state per capita annual income as determined by the United

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

13  designated by the Governor as a rural area of critical

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

15  eligible local governments shall not require matching local

16  funds.

17         (6)(5)  No later than February 1 of Each year,

18  stormwater management and wastewater management water quality

19  improvement projects and water restoration projects submitted

20  for funding through the legislative process shall be submitted

21  to the department by the appropriate fiscal committees of the

22  House of Representatives and the Senate. The department shall

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

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

25  a list of projects that appear to meet the eligibility

26  requirements under this grant program.

27         (6)  The department may adopt rules necessary to

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

29  governing timeframes for submitting grant applications,

30  evaluation criteria, forms, matching criteria, maximum grant

31  

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 1  amounts, and allocation of appropriated funds based upon

 2  project and applicant size.

 3         Section 16.  Section 403.890, Florida Statutes, is

 4  created to read:

 5         403.890  Water Protection and Sustainability Program;

 6  intent; goals; purposes.--

 7         (1)  Effective July 1, 2006, revenues transferred from

 8  the Department of Revenue pursuant to s. 201.15(1)(d)2. shall

 9  be deposited into the Water Protection and Sustainability

10  Program Trust Fund in the Department of Environmental

11  Protection.  These revenues and any other additional revenues

12  deposited into or appropriated to the Water Protection and

13  Sustainability Trust Fund shall be distributed by the

14  Department of Environmental Protection in the following

15  manner:

16         (a)  Sixty percent to the Department of Environmental

17  Protection for the implementation of an alternative water

18  supply program as provided in s. 373.1961.

19         (b)  Twenty percent for the implementation of best

20  management practices and capital project expenditures

21  necessary for the implementation of the goals of the total

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

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

24  the Department of Environmental Protection Water Quality

25  Assurance Trust Fund to address water quality impacts

26  associated with nonagricultural nonpoint sources. Fifteen

27  percent of these funds shall be transferred to the Department

28  of Agriculture and Consumer Services General Inspection Trust

29  Fund to address water quality impacts associated with

30  agricultural nonpoint sources. These funds shall be used for

31  research, development, demonstration, and implementation of

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 1  suitable best management practices or other measures used to

 2  achieve water quality standards in surface waters and water

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

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

 5  Implementation of best management practices and other measures

 6  may include cost-share grants, technical assistance,

 7  implementation tracking, and conservation leases or other

 8  agreements for water quality improvement.  The Department of

 9  Environmental Protection and the Department of Agriculture and

10  Consumer Services may adopt rules governing the distribution

11  of funds for implementation of best management practices.

12  These funds shall not be used to abrogate the financial

13  responsibility of those point and nonpoint sources that have

14  contributed to the degradation of water or land areas.

15  Increased priority shall be given by the department and the

16  water management district governing boards to those projects

17  that have secured a cost-sharing agreement allocating

18  responsibility for the cleanup of point and nonpoint sources.

19         (c)  Ten percent shall be disbursed for the purposes of

20  funding projects pursuant to ss. 373.451-373.459 or surface

21  water restoration activities in

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

23  The Secretary of Environmental Protection shall ensure that

24  each water management district receives the following

25  percentage of funds annually:

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

27  Management District;

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

29  Management District;

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

31  Management District;

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

 2  Water Management District; and

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

 4  Water Management District.

 5         (d)  Ten percent to the Department of Environmental

 6  Protection for the Disadvantaged Small Community Wastewater

 7  Grant Program as provided in s. 403.1838.

 8         (e)  Beginning June 30, 2007, and every 24 months

 9  thereafter, the Department of Environmental Protection shall

10  request the return of all unencumbered funds distributed

11  pursuant to this section.  These funds shall be deposited into

12  the Water Protection and Sustainability Program Trust Fund and

13  redistributed pursuant to the provisions of this section.

14         (2)  For fiscal year 2005-2006, funds deposited or

15  appropriated into the Water Protection and Sustainability

16  Trust Fund shall be distributed as follows:

17         1.  One hundred million dollars to the Department of

18  Environmental Protection for the implementation of an

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

20         2.  Funds remaining after the distribution provided for

21  in subsection (1) shall be distributed as follows:

22         (a)  Fifty percent for the implementation of best

23  management practices and capital project expenditures

24  necessary for the implementation of the goals of the total

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

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

27  the Department of Environmental Protection Water Quality

28  Assurance Trust Fund to address water quality impacts

29  associated with nonagricultural nonpoint sources. Fifteen

30  percent of these funds shall be transferred to the Department

31  of Agriculture and Consumer Services General Inspection Trust

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 1  Fund to address water quality impacts associated with

 2  agricultural nonpoint sources. These funds shall be used for

 3  research, development, demonstration, and implementation of

 4  suitable best management practices or other measures used to

 5  achieve water quality standards in surface waters and water

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

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

 8  Implementation of best management practices and other measures

 9  may include cost-share grants, technical assistance,

10  implementation tracking, and conservation leases or other

11  agreements for water quality improvement.  The Department of

12  Environmental Protection and the Department of Agriculture and

13  Consumer Services may adopt rules governing the distribution

14  of funds for implementation of best management practices.

15  These funds shall not be used to abrogate the financial

16  responsibility of those point and nonpoint sources that have

17  contributed to the degradation of water or land areas.

18  Increased priority shall be given by the department and the

19  water management district governing boards to those projects

20  that have secured a cost-sharing agreement allocating

21  responsibility for the cleanup of point and nonpoint sources.

22         (b)  Twenty-five percent for the purposes of funding

23  projects pursuant to ss. 373.451-373.459 or surface water

24  restoration activities in water-management-district-designated

25  priority water bodies. The Secretary of Environmental

26  Protection shall ensure that each water management district

27  receives the following percentage of funds annually:

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

29  Management District;

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

31  Management District;

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

 2  Management District;

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

 4  Water Management District; and

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

 6  Water Management District.

 7         (c)  Twenty-five percent to the Department of

 8  Environmental Protection for the Disadvantaged Small Community

 9  Wastewater Grant Program as provided in s. 403.1838.

10  

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

12  must review the distribution of funds under the Water

13  Protection and Sustainability Program to determine if

14  revisions to the funding formula are required. At the

15  discretion of the President of the Senate and the Speaker of

16  the House of Representatives, the appropriate substantive

17  committees of the Legislature may conduct an interim project

18  to review the Water Protection and Sustainability Program and

19  the funding formula and make written recommendations to the

20  Legislature proposing necessary changes, if any.

21         Section 17.  Except as otherwise expressly provided in

22  this act, the act shall take effect upon becoming a law.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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

 3                                 

 4  The committee substitute removes the bonding authority and the
    state revenues. (The state revenue stream is provided in the
 5  growth management bill, CS/CS/CS/SB 360.) It provides that
    state funds support not only water management district
 6  funding, but also basin board funding.  It narrows the
    responsibility of utilities that receive financial assistance
 7  to rate-setting for alternative water supply projects.  It
    clarifies the districts' ability to grant a presumption about
 8  the need for multi-jurisdictional water supply entities. It
    requires the  selection of alternative water supply projects.
 9  It requires reports on how well local governments have
    implemented plans for regional water supply facilities and
10  clarifies provisions related to concurrency (to track the
    growth management bill). It provides conforming changes and
11  clarifications needed in the TMDL language.  It provides for
    the distribution of funds deposited into the Water Protection
12  and Sustainability Program Trust Fund.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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