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Senate Bill 0444

Senate Bill sb0444er

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  1                                 

  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


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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; repealing paragraph (c) of

11         subsection (4) of s. 373.0831, F.S.; relating

12         to certain alternative water supply development

13         projects; amending s. 373.1962, F.S.;

14         clarifying that counties, municipalities, and

15         special districts may execute interlocal

16         agreements to create regional water supply

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

18         establishing criteria for certain water supply

19         entities to be presumed to have a use

20         consistent with the public interest for

21         requirements for consumptive use permitting;

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

23         at least 20 years for development of

24         alternative water supplies under certain

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

26         requiring that entities receiving state funding

27         for implementation of surface water improvement

28         and management projects provide a 50-percent

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

30         373.0361, F.S.; providing for the development

31         of regional water supply plans; providing


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 1         requirements for the content of each plan;

 2         providing for an approval process for the

 3         plans; providing for annual updates; providing

 4         for local government use of the plans;

 5         providing notification requirements for water

 6         management districts concerning findings within

 7         the plan; requiring identified entities to

 8         select alternative water supply projects and

 9         provide periodic status reports; changing the

10         deadline for certain plan updates; amending s.

11         163.3177, F.S.; requiring a local government to

12         incorporate alternative water supply projects

13         into the comprehensive plan; requiring local

14         governments to identify specific projects

15         needed; providing for cooperative planning;

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

17         water supplies to serve new development;

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

19         evaluation and appraisal report to evaluate the

20         degree to which the local government has

21         implemented the work plan for regional water

22         supply facilities, including development of

23         alternative water supplies necessary to serve

24         existing and new development; amending s.

25         403.067, F.S.; providing that initial

26         allocation of allowable pollutant loads between

27         point and nonpoint sources may be developed as

28         part of a total maximum daily load;

29         establishing criteria for establishing initial

30         and detailed allocations to attain pollutant

31         reductions; authorizing the Department of


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 1         Environmental Protection to adopt phased total

 2         maximum daily loads that establish incremental

 3         total maximum daily loads under certain

 4         conditions; requiring the development of basin

 5         management action plans; requiring that basin

 6         management action plans integrate the

 7         appropriate management strategies to achieve

 8         the total maximum daily loads; requiring that

 9         the plans establish a schedule for implementing

10         management strategies; requiring that a basin

11         management action plan equitably allocate

12         pollutant reductions to individual basins or to

13         each identified point source or category of

14         nonpoint sources; authorizing that plans may

15         provide pollutant load reduction credits to

16         dischargers that have implemented strategies to

17         reduce pollutant loads prior to the development

18         of the basin management action plan; requiring

19         that the plan identify mechanisms by which

20         potential future sources of pollution will be

21         addressed; requiring that the department assure

22         key stakeholder participation in the basin

23         management action planning process; requiring

24         that the department hold at least one public

25         meeting to discuss and receive comments during

26         the planning process; providing notice

27         requirements; requiring that the department

28         adopt all or part of a basin management action

29         plan by secretarial order pursuant to ch. 120,

30         F.S.; requiring that basin management action

31         plans that alter that calculation or initial


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 1         allocation of a total maximum daily load, the

 2         revised calculation, or initial allocation must

 3         be adopted by rule; requiring periodic

 4         evaluation of basin management action plans;

 5         requiring that revisions to plans be made by

 6         the department in cooperation with

 7         stakeholders; providing for basin plan

 8         revisions regarding nonpoint pollutant sources;

 9         requiring that adopted basin management action

10         plans be included in subsequent NPDES permits

11         or permit modifications; providing that

12         implementation of a total maximum daily load or

13         basin management action plan for holders of an

14         NPDES municipal separate stormwater sewer

15         system permit may be achieved through the use

16         of best management practices; providing that

17         basin management action plans do not relieve a

18         discharger from the requirement to obtain,

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

20         other requirements of the permit; requiring

21         that plan management strategies be completed

22         pursuant to the schedule set forth in the basin

23         management action plan and providing that the

24         implementation schedule may extend beyond the

25         term of an NPDES permit; providing that

26         management strategies and pollution reduction

27         requirements in a basin management action plan

28         for a specific pollutant of concern are not

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

30         the time they are incorporated, in identical

31         form, into a subsequent NPDES permit or permit


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 1         modification; requiring timely adoption and

 2         implementation of pollutant reduction actions

 3         for nonagricultural pollutant sources not

 4         subject to NPDES permitting but regulated

 5         pursuant to other state, regional, or local

 6         regulatory programs; requiring timely

 7         implementation of best management practices for

 8         nonpoint pollutant source dischargers not

 9         subject to permitting at the time a basin

10         management action plan is adopted; providing

11         for presumption of compliance under certain

12         circumstances; providing for enforcement action

13         by the department or a water management

14         district; requiring that a landowner,

15         discharger, or other responsible person that is

16         implementing management strategies specified in

17         an adopted basin management action plan will

18         not be required by permit, enforcement action,

19         or otherwise to implement additional management

20         strategies to reduce pollutant loads; providing

21         that the authority of the department to amend a

22         basin management plan is not limited; requiring

23         that the department verify at representative

24         sites the effectiveness of interim measures,

25         best management practices, and other measures

26         adopted by rule; requiring that the department

27         use its best professional judgment in making

28         initial verifications that best management

29         practices are not effective; requiring notice

30         to the appropriate water management district

31         and the Department of Agriculture and Consumer


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 1         Services under certain conditions; establishing

 2         a presumption of compliance for implementation

 3         of practices initially verified to be effective

 4         or verified to be effective at representative

 5         sites; limiting the institution of proceedings

 6         by the department against the owner of a source

 7         of pollution to recover costs or damages

 8         associated with the contamination of surface

 9         water or groundwater caused by those

10         pollutants; requiring the Department of

11         Agriculture and Consumer Services to institute

12         a reevaluation of best management practices or

13         other measures where water quality problems are

14         detected or predicted during the development or

15         amendment of a basin management action plan;

16         providing for rule revisions; providing the

17         department with rulemaking authority; requiring

18         that a report be submitted to the Governor, the

19         President of the Senate, and the Speaker of the

20         House of Representatives containing

21         recommendations on rules for pollutant trading

22         prior to the adoption of those rules; requiring

23         that recommendations be developed in

24         cooperation with a technical advisory committee

25         containing experts in pollutant trading and

26         representatives of potentially affected

27         parties; deleting a requirement that no

28         pollutant trading program shall become

29         effective prior to review and ratification by

30         the Legislature; amending ss. 373.4595 and

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


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

 2         requirements relating to the department's grant

 3         program for water quality improvement and water

 4         restoration project grants; eliminating grants

 5         for water quality improvement, water

 6         management, and drinking water projects;

 7         authorizing grants for wastewater management;

 8         creating additional criteria for funding storm

 9         water grants; requiring local matching funds;

10         providing an exception from matching fund

11         requirements for financially disadvantaged

12         small local governments; creating s. 403.890,

13         F.S.; establishing the Water Protection and

14         Sustainability Program; establishing a funding

15         formula for the distribution of revenues;

16         providing for legislative review; providing an

17         effective date.

18  

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

20  

21         Section 1.  Section 373.019, Florida Statutes, is

22  amended to read:

23         373.019  Definitions.--When appearing in this chapter

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

25  the term following words shall, unless the context clearly

26  indicates otherwise, mean:

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

28  brackish surface and groundwater; surface water captured

29  predominately during wet-weather flows; sources made available

30  through the addition of new storage capacity for surface or

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


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 1  public supply, municipal, industrial, commercial, or

 2  agricultural uses; the downstream augmentation of water bodies

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

 4  source that is designated as nontraditional for a water supply

 5  planning region in the applicable regional water supply plan.

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

 7  engineering, and project construction costs.

 8         (3)(1)  "Coastal waters" means waters of the Atlantic

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

10  state.

11         (4)(2)  "Department" means the Department of

12  Environmental Protection or its successor agency or agencies.

13         (5)(3)  "District water management plan" means the

14  regional water resource plan developed by a governing board

15  under s. 373.036.

16         (6)(4)  "Domestic use" means the use of water for the

17  individual personal household purposes of drinking, bathing,

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

19  domestic.

20         (7)(5)  "Florida water plan" means the state-level

21  water resource plan developed by the department under s.

22  373.036.

23         (8)(6)  "Governing board" means the governing board of

24  a water management district.

25         (9)(7)  "Groundwater" means water beneath the surface

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

27  definite channels.

28         (10)(8)  "Impoundment" means any lake, reservoir, pond,

29  or other containment of surface water occupying a bed or

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

31  shoreline.


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 1         (11)(9)  "Independent scientific peer review" means the

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

 3  panel of independent, recognized experts in the fields of

 4  hydrology, hydrogeology, limnology, and other scientific

 5  disciplines relevant to the matters being reviewed under s.

 6  373.042.

 7         (12)  "Multijurisdictional water supply entity" means

 8  two or more water utilities or local governments that have

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

10  agreement or contract, for the purpose of more efficiently

11  pursuing water supply development or alternative water supply

12  development projects listed pursuant to a regional water

13  supply plan.

14         (13)(10)  "Nonregulated use" means any use of water

15  which is exempted from regulation by the provisions of this

16  chapter.

17         (14)(11)  "Other watercourse" means any canal, ditch,

18  or other artificial watercourse in which water usually flows

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

20  flowing be uniform or uninterrupted.

21         (15)(12)  "Person" means any and all persons, natural

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

23  organization, partnership, business trust, corporation,

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

25  political subdivisions, regions, districts, municipalities,

26  and public agencies thereof.  The enumeration herein is not

27  intended to be exclusive or exhaustive.

28         (16)(13)  "Reasonable-beneficial use" means the use of

29  water in such quantity as is necessary for economic and

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

31  both reasonable and consistent with the public interest.


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 1         (17)(14)  "Regional water supply plan" means a detailed

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

 3  373.0361.

 4         (18)(15)  "Stream" means any river, creek, slough, or

 5  natural watercourse in which water usually flows in a defined

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

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

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

 9  watercourse from being a stream.

10         (19)(16)  "Surface water" means water upon the surface

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

12  artificially or diffused. Water from natural springs shall be

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

14  the earth's surface.

15         (20)(17)  "Water" or "waters in the state" means any

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

17  the atmosphere, including natural or artificial watercourses,

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

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

20  well as all coastal waters within the jurisdiction of the

21  state.

22         (21)(18)  "Water management district" means any flood

23  control, resource management, or water management district

24  operating under the authority of this chapter.

25         (22)(19)  "Water resource development" means the

26  formulation and implementation of regional water resource

27  management strategies, including the collection and evaluation

28  of surface water and groundwater data; structural and

29  nonstructural programs to protect and manage water resources;

30  the development of regional water resource implementation

31  programs; the construction, operation, and maintenance of


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 1  major public works facilities to provide for flood control,

 2  surface and underground water storage, and groundwater

 3  recharge augmentation; and related technical assistance to

 4  local governments and to government-owned and privately owned

 5  water utilities.

 6         (23)(20)  "Water resource implementation rule" means

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

 8  objectives, and guidance for the development and review of

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

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

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

12  managed to conserve and protect water resources and to realize

13  the full beneficial use of these resources.

14         (24)(21)  "Water supply development" means the

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

16  public or private facilities for water collection, production,

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

18  end use.

19         (25)(22)  For the sole purpose of serving as the basis

20  for the unified statewide methodology adopted pursuant to s.

21  373.421(1), as amended, "wetlands" means those areas that are

22  inundated or saturated by surface water or groundwater at a

23  frequency and a duration sufficient to support, and under

24  normal circumstances do support, a prevalence of vegetation

25  typically adapted for life in saturated soils.  Soils present

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

27  possess characteristics that are associated with reducing soil

28  conditions. The prevalent vegetation in wetlands generally

29  consists of facultative or obligate hydrophytic macrophytes

30  that are typically adapted to areas having soil conditions

31  described above. These species, due to morphological,


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 1  physiological, or reproductive adaptations, have the ability

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

 3  anaerobic soil conditions.  Florida wetlands generally include

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

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

 6  seepage slopes, tidal marshes, mangrove swamps and other

 7  similar areas.  Florida wetlands generally do not include

 8  longleaf or slash pine flatwoods with an understory dominated

 9  by saw palmetto. Upon legislative ratification of the

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

11  limitation contained herein regarding the purpose of this

12  definition shall cease to be effective.

13         (26)(23)  "Works of the district" means those projects

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

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

16  with the appurtenant facilities and accompanying lands, which

17  have been officially adopted by the governing board of the

18  district as works of the district.

19         Section 2.  Section 373.196, Florida Statutes, is

20  amended to read:

21         (Substantial rewording of section. See

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

23         373.196  Alternative water supply development.--

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

25  cooperation in the development of water supplies and to

26  provide for alternative water supply development.

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

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

29  environment, agriculture, industry, and mining will continue

30  to increase.

31  


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

 2  water supplies for Florida to sustain its economic growth,

 3  economic viability, and natural resources.

 4         (c)  Cooperative efforts between municipalities,

 5  counties, special districts, water management districts, and

 6  the Department of Environmental Protection are mandatory in

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

 8  manner that will supply adequate and dependable supplies of

 9  water where needed without resulting in adverse effects upon

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

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

12  but not limited to, withdrawals of surface water and

13  groundwater, reuse, and desalinization, and will necessitate

14  not only cooperation but also well-coordinated activities.

15  Municipalities, counties, and special districts are encouraged

16  to create regional water supply authorities as authorized in

17  s. 373.1962 or multijurisdictional water supply entities.

18         (d)  Alternative water supply development must receive

19  priority funding attention to increase the available supplies

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

21  uses and to benefit the natural systems.

22         (e)  Cooperation between counties, municipalities,

23  regional water supply authorities, multijurisdictional water

24  supply entities, special districts, and publicly owned and

25  privately owned water utilities in the development of

26  countywide and multi-countywide alternative water supply

27  projects will allow for necessary economies of scale and

28  efficiencies to be achieved in order to accelerate the

29  development of new, dependable, and sustainable alternative

30  water supplies.

31  


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

 2  municipal, industrial, agricultural, and other public and

 3  private water users, the Department of Environmental

 4  Protection, and the water management districts cooperate and

 5  work together in the development of alternative water supplies

 6  to avoid the adverse effects of competition for limited

 7  supplies of water. Public moneys or services provided to

 8  private entities for alternative water supply development may

 9  constitute public purposes that also are in the public

10  interest.

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

12  existing and future reasonable-beneficial uses and the natural

13  systems, and the adverse effects of competition for water

14  supplies must be avoided.

15         (b)  Water supply development and alternative water

16  supply development must be conducted in coordination with

17  water management district regional water supply planning.

18         (c)  Funding for the development of alternative water

19  supplies shall be a shared responsibility of water suppliers

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

21  districts, with water suppliers and users having the primary

22  responsibility and the State of Florida and the water

23  management districts being responsible for providing funding

24  assistance.

25         (3)  The primary roles of the water management

26  districts in water resource development as it relates to

27  supporting alternative water supply development are:

28         (a)  The formulation and implementation of regional

29  water resource management strategies that support alternative

30  water supply development;

31  


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

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

 3  the feasibility of alternative water supply development

 4  projects;

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

 6  major public works facilities for flood control, surface and

 7  underground water storage, and groundwater recharge

 8  augmentation to support alternative water supply development;

 9         (d)  Planning for alternative water supply development

10  as provided in regional water supply plans in coordination

11  with local governments, regional water supply authorities,

12  multijurisdictional water supply entities, special districts,

13  and publicly owned and privately owned water utilities and

14  self-suppliers;

15         (e)  The formulation and implementation of structural

16  and nonstructural programs to protect and manage water

17  resources in support of alternative water supply projects; and

18         (f)  The provision of technical and financial

19  assistance to local governments and publicly owned and

20  privately owned water utilities for alternative water supply

21  projects.

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

23  water supply authorities, multijurisdictional water supply

24  entities, special districts, and publicly owned and privately

25  owned water utilities in alternative water supply development

26  shall be:

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

28  maintenance of alternative water supply development projects;

29         (b)  The formulation and implementation of alternative

30  water supply development strategies and programs;

31  


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

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

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

 4  and

 5         (d)  The coordination of alternative water supply

 6  development activities with the appropriate water management

 7  district having jurisdiction over the activity.

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

 9  preclude the various special districts, municipalities, and

10  counties from continuing to operate existing water production

11  and transmission facilities or to enter into cooperative

12  agreements with other special districts, municipalities, and

13  counties for the purpose of meeting their respective needs for

14  dependable and adequate supplies of water; however, the

15  obtaining of water through such operations shall not be done

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

17  from which such water is withdrawn.

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

19  Water Protection and Sustainability Program serve to

20  supplement existing water management district or basin board

21  funding for alternative water supply development assistance

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

23  Therefore, the water management districts shall include, in

24  the annual tentative and adopted budget submittals required

25  under this chapter the amount of funds allocated for water

26  resource development that supports alternative water supply

27  development and the funds allocated for alternative water

28  supply projects selected for inclusion in the Water Protection

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

30  management district and basin boards that the combined funds

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


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 1  equivalent of 100 percent of the state funding provided to the

 2  water management district for alternative water supply

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

 4  management district shall provide in the budget submittal an

 5  explanation of the reasons or constraints that prevent this

 6  goal from being met, an explanation of how the goal will be

 7  met in future years, and affirmation of match is required

 8  during the budget review process as established under s.

 9  373.536(5). The Suwannee River Water Management District and

10  the Northwest Florida Water Management District shall not be

11  required to meet the match requirements of this paragraph;

12  however, they shall try to achieve the match requirement to

13  the greatest extent practicable.

14         (b)  State funds from the Water Protection and

15  Sustainability Program created in s. 403.890 shall be made

16  available for financial assistance for the project

17  construction costs of alternative water supply development

18  projects selected by a water management district governing

19  board for inclusion in the program.

20         Section 3.  Section 373.1961, Florida Statutes, is

21  amended to read:

22         373.1961  Water production; general powers and duties;

23  identification of needs; funding criteria; economic

24  incentives; reuse funding.--

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

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

27  governing board of a water management district existing

28  pursuant to this chapter:

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

30  municipalities, special districts, publicly owned and

31  privately owned water private utilities, multijurisdictional


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 1  water supply entities, or regional water supply authorities in

 2  meeting water supply needs in such manner as will give

 3  priority to encouraging conservation and reducing adverse

 4  environmental effects of improper or excessive withdrawals of

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

 6  373.196, regional water supply authorities are regional water

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

 8  state.

 9         (b)  Shall assist counties, municipalities, special

10  districts, publicly owned or privately owned water private

11  utilities, multijurisdictional water supply entities, or

12  regional water supply authorities in meeting water supply

13  needs in such manner as will give priority to encouraging

14  conservation and reducing adverse environmental effects of

15  improper or excessive withdrawals of water from concentrated

16  areas.

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

18  maintain water production and transmission facilities for the

19  purpose of supplying water to counties, municipalities,

20  special districts, publicly owned and privately owned water

21  private utilities, multijurisdictional water supply entities,

22  or regional water supply authorities.  The permit required by

23  part II of this chapter for a water management district

24  engaged in water production and transmission shall be granted,

25  denied, or granted with conditions by the department.

26         (d)  Shall not engage in local water supply

27  distribution.

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

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

30  reasonable and beneficial use of water which is required to

31  


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 1  supply adequately the reasonable and beneficial needs of the

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

 3         (f)  May provide water and financial assistance to

 4  regional water supply authorities, but may not provide water

 5  to counties and municipalities which are located within the

 6  area of such authority without the specific approval of the

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

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

 9  Water Adjudicatory Commission.  The district may supply water

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

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

12  specifically approved by the Governor and Cabinet sitting as

13  the Land and Water Adjudicatory Commission.

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

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

16  domain, or otherwise, for water production and transmission

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

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

19  granted to acquire water and water rights already devoted to

20  reasonable and beneficial use or any water production or

21  transmission facilities owned by any county, municipality, or

22  regional water supply authority.  The district may exercise

23  eminent domain powers outside of its district boundaries for

24  the acquisition of pumpage facilities, storage areas,

25  transmission facilities, and the normal appurtenances thereto,

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

27  eminent domain, the district notifies the district where the

28  property is located after public notice and the district where

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

30  notification of such exercise of eminent domain authority.

31  


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

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

 3  purposes of paying the costs and expenses incurred in carrying

 4  out the purposes of this chapter or refunding obligations of

 5  the district issued pursuant to this section.  Such revenue

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

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

 8  production and transmission facilities and other water-related

 9  facilities and from the sale of water or services relating

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

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

12  Management Lands Trust Fund or from ad valorem taxes received

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

14  issuance of revenue bonds which are not inconsistent with this

15  section shall apply to the issuance of revenue bonds pursuant

16  to this section.  The district may also issue bond

17  anticipation notes in accordance with the provisions of s.

18  373.584.

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

20  districts, counties, municipalities, special districts,

21  publicly owned or privately owned water private utilities,

22  multijurisdictional water supply entities, or regional water

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

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

25  acquisitions, construction, operation, and maintenance.  The

26  contract may provide for contributions to be made by each

27  party thereto, for the division and apportionment of the

28  expenses of acquisitions, construction, operation, and

29  maintenance, and for the division and apportionment of the

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

31  


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 1  contain other covenants and agreements necessary and

 2  appropriate to accomplish their purposes.

 3         (2)  IDENTIFICATION OF WATER SUPPLY NEEDS IN DISTRICT

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

 5  responsibilities as expeditiously as possible in areas subject

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

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

 8  the fiscal year to assist in implementing alternative water

 9  supply development projects. The Legislature finds that, due

10  to a combination of factors, vastly increased demands have

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

12  absent increased development of alternative water supplies,

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

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

15  significant quantities of alternative water supplies,

16  including reclaimed water, and that water production includes

17  the development of alternative water supplies, including

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

19  Legislature that utilities develop reclaimed water systems,

20  where reclaimed water is the most appropriate alternative

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

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

23  to construct reclaimed water system infrastructure to their

24  owned or operated properties and facilities where they have

25  reclamation capability. It is also the intent of the

26  Legislature that

27         (3)  FUNDING.--

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

29  which levy ad valorem taxes for water management purposes

30  should share a percentage of those tax revenues with water

31  providers and users, including local governments, water,


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

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

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

 4  sources in the development of alternative water supplies. The

 5  Legislature finds that public moneys or services provided to

 6  private entities for such uses constitute public purposes

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

 8  development and use of alternative water supply systems,

 9  including reclaimed water systems, the Legislature provides

10  the following:

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

12  shall annually provide a portion of those revenues deposited

13  into the Water Protection and Sustainability Trust Fund for

14  the purpose of providing funding assistance for the

15  development of alternative water supplies pursuant to the

16  Water Protection and Sustainability Program.  At the beginning

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

18  such revenues shall be distributed by the department into the

19  alternative water supply trust fund accounts created by each

20  district for the purpose of alternative water supply

21  development under the following funding formula:

22         1.  Thirty percent to the South Florida Water

23  Management District;

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

25  Management District;

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

27  Management District;

28         4.  Ten percent to the Suwannee River Water Management

29  District; and

30         5.  Ten percent to the Northwest Florida Water

31  Management District.


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 1         (c)  The financial assistance for alternative water

 2  supply projects allocated in each district's budget as

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

 4  funds and used to assist in funding the project construction

 5  costs of alternative water supply projects selected by the

 6  governing board. If the district has not completed any

 7  regional water supply plan, or the regional water supply plan

 8  does not identify the need for any alternative water supply

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

10  used for water resource development projects, including, but

11  not limited to, springs protection.

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

13  consideration shall reflect the total capital cost for

14  implementation.  The costs shall be segregated pursuant to the

15  categories described in the definition of capital costs.

16         (e)  Applicants for projects that may receive funding

17  assistance pursuant to the Water Protection and Sustainability

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

19  the project's construction costs. The water management

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

21  this requirement for projects sponsored by financially

22  disadvantaged small local governments as defined in s.

23  403.885(4). The water management districts or basin boards,

24  may at their discretion, use ad valorem or federal revenues to

25  assist a project applicant in meeting the requirements of this

26  paragraph.

27         (f)  The governing boards shall determine those

28  projects that will be selected for financial assistance.  The

29  governing boards may establish factors to determine project

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

31  following factors:


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 1         1.  Whether the project provides substantial

 2  environmental benefits by preventing or limiting adverse water

 3  resource impacts.

 4         2.  Whether the project reduces competition for water

 5  supplies.

 6         3.  Whether the project brings about replacement of

 7  traditional sources in order to help implement a minimum flow

 8  or level or a reservation.

 9         4.  Whether the project will be implemented by a

10  consumptive use permittee that has achieved the targets

11  contained in a goal-based water conservation program approved

12  pursuant to s. 373.227.

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

14  compared to its cost.

15         6.  Projects in which the construction and delivery to

16  end users of reuse water is a major component.

17         7.  Whether the project will be implemented by a

18  multijurisdictional water supply entity or regional water

19  supply authority.

20         (g)  Additional factors to be considered in determining

21  project funding shall include:

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

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

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

25  participants in a multijurisdictional water supply entity or

26  regional water supply authority.

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

28  water supplier or water user.

29         3.  Whether the project proposal includes sufficient

30  preliminary planning and engineering to demonstrate that the

31  


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 1  project can reasonably be implemented within the timeframes

 2  provided in the regional water supply plan.

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

 4  alternative water supply project that is underway.

 5         5.  Whether and in what percentage a local government

 6  or local government utility is transferring water supply

 7  system revenues to the local government general fund in excess

 8  of reimbursements for services received from the general fund,

 9  including direct and indirect costs and legitimate payments in

10  lieu of taxes.

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

12  public input on eligible projects including input from those

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

14  implementation of alternative water supply projects, the

15  governing board of each water management district shall select

16  projects for funding assistance based upon the criteria set

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

18  select a project identified or listed as an alternative water

19  supply development project in the regional water supply plan,

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

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

22  regional water supply plan but are consistent with the goals

23  of the plan.

24         (a)  The governing boards of the water management

25  districts where water resource caution areas have been

26  designated shall include in their annual budgets an amount for

27  the development of alternative water supply systems, including

28  reclaimed water systems, pursuant to the requirements of this

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

30  available to water providers and users no later than December

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


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

 2  the requirements of this subsection and guidelines established

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

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

 5         (i)  Without diminishing amounts available through

 6  other means described in this paragraph, the governing boards

 7  are encouraged to consider establishing revolving loan funds

 8  to expand the total funds available to accomplish the

 9  objectives of this section. A revolving loan fund created

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

11  water management district may make loans with interest rates

12  below prevailing market rates to public or private entities

13  for the purposes described in this section. The governing

14  board may adopt resolutions to establish revolving loan funds

15  which must specify the details of the administration of the

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

17  criteria for awarding loans from the fund, the initial

18  capitalization of the fund, and the goals for future

19  capitalization of the fund in subsequent budget years.

20  Revolving loan funds created under this paragraph must be used

21  to expand the total sums and sources of cooperative funding

22  available for the development of alternative water supplies.

23  The Legislature does not intend for the creation of revolving

24  loan funds to supplant or otherwise reduce existing sources or

25  amounts of funds currently available through other means.

26         (j)  For each utility that receives financial

27  assistance from the state or a water management district for

28  an alternative water supply project, the water management

29  district shall require the appropriate rate-setting authority

30  to develop rate structures for water customers in the service

31  area of the funded utility that will:


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 1         1.  Promote the conservation of water; and

 2         2.  Promote the use of water from alternative water

 3  supplies.

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

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

 6  funds pursuant to this subsection, the appropriate

 7  rate-setting authorities should develop rate structures for

 8  all water, wastewater, and reclaimed water and other

 9  alternative water supply utilities in the service area of the

10  funded utility, which accomplish the following:

11         1.  Provide meaningful progress toward the development

12  and implementation of alternative water supply systems,

13  including reclaimed water systems;

14         2.  Promote the conservation of fresh water withdrawn

15  from natural systems;

16         3.  Provide for an appropriate distribution of costs

17  for all water, wastewater, and alternative water supply

18  utilities, including reclaimed water utilities, among all of

19  the users of those utilities; and

20         4.  Prohibit rate discrimination within classes of

21  utility users.

22         (c)  Funding assistance provided by the water

23  management districts for a water reuse system project may

24  include the following grant or loan conditions for that

25  project if the water management district determines that such

26  conditions will encourage water use efficiency:

27         1.  Metering of reclaimed water use for the following

28  activities: residential irrigation, agricultural irrigation,

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

30  366.02(2), landscape irrigation, irrigation of other public

31  


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 1  access areas, commercial and institutional uses such as toilet

 2  flushing, and transfers to other reclaimed water utilities.

 3         2.  Implementation of reclaimed water rate structures

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

 5  activities listed in subparagraph 1.

 6         3.  Implementation of education programs to inform the

 7  public about water issues, water conservation, and the

 8  importance and proper use of reclaimed water.

 9         4.  Development of location data for key reuse

10  facilities.

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

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

13  government comprehensive plan and the governing body of the

14  local government must require all appropriate new facilities

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

16  project's alternative water supplies. The appropriate local

17  government must provide written notification to the

18  appropriate district that the proposed project is consistent

19  with the local government comprehensive plan.

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

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

22  infrastructure costs for the construction of alternative water

23  supply systems that provide alternative water supplies.

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

25  shall establish a process make available written guidelines

26  for the disbursal of revenues pursuant to this subsection.

27  Such guidelines shall include at minimum:

28         1.  An application process and a deadline for filing

29  applications annually.

30         2.  A process for determining project eligibility

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


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 1         3.  A process and criteria for funding projects

 2  pursuant to this subsection that cross district boundaries or

 3  that serve more than one district.

 4         (g)  The governing board of each water management

 5  district shall establish an alternative water supplies grants

 6  advisory committee to recommend to the governing board

 7  projects for funding pursuant to this subsection. The advisory

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

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

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

11  representatives of agricultural interests and environmental

12  interests. Each committee member shall represent his or her

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

14  entity. The committee shall apply the guidelines and project

15  eligibility criteria established by the governing board in

16  reviewing proposed projects. After one or more hearings to

17  solicit public input on eligible projects, the committee shall

18  rank the eligible projects and shall submit them to the

19  governing board for final funding approval. The advisory

20  committee may submit to the governing board more projects than

21  the available grant money would fund.

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

23  to this subsection must be encumbered annually by the

24  governing board when if it approves projects sufficient to

25  expend the available revenues. Funds must be disbursed within

26  36 months after encumbrance.

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

28  supplies are supplies of water that have been reclaimed after

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

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

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


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 1  with applicable rules and standards sufficient to supply the

 2  intended use.

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

 4  rulemaking requirements of chapter 120.

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

 6  a consolidated annual report, each water management district

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

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

 9  which accounts for the disbursal of all budgeted amounts

10  pursuant to this section subsection. Such report shall

11  describe all alternative water supply projects funded as well

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

13  projects and shall account separately for any other moneys

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

15  the use of district lands or facilities to implement regional

16  water supply plans.

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

18  allow entities under its jurisdiction constructing or

19  participating in constructing facilities that provide

20  alternative water supplies supply facilities, including but

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

22  their the full, prudently incurred cost of constructing such

23  facilities through their rate structure. If construction of a

24  facility or participation in construction is pursuant to or in

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

26  deemed to be prudently incurred. Every component of an

27  alternative water supply facility constructed by an

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

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

30  subject to the recovery provisions allowed in this paragraph.

31  


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

 2  the water management districts for a water reuse system may

 3  include the following conditions for that project if a water

 4  management district determines that such conditions will

 5  encourage water use efficiency:

 6         (a)  Metering of reclaimed water use for residential

 7  irrigation, agricultural irrigation, industrial uses, except

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

 9  irrigation, golf course irrigation, irrigation of other public

10  access areas, commercial and institutional uses such as toilet

11  flushing, and transfers to other reclaimed water utilities;

12         (b)  Implementation of reclaimed water rate structures

13  based on actual use of reclaimed water for the reuse

14  activities listed in paragraph (a);

15         (c)  Implementation of education programs to inform the

16  public about water issues, water conservation, and the

17  importance and proper use of reclaimed water; or

18         (d)  Development of location data for key reuse

19  facilities.

20         Section 4.  Paragraph (c) of subsection (4) of section

21  373.0831, Florida Statutes, is repealed.

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

23  373.1962, Florida Statutes, are amended to read:

24         373.1962  Regional water supply authorities.--

25         (1)  By interlocal agreement between counties,

26  municipalities, or special districts, as applicable agreement

27  between local governmental units created or existing pursuant

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

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

30  163.01, and upon the approval of the Secretary of

31  Environmental Protection to ensure that such agreement will be


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 1  in the public interest and complies with the intent and

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

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

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

 5  manner as will give priority to reducing adverse environmental

 6  effects of excessive or improper withdrawals of water from

 7  concentrated areas. In approving said agreement the Secretary

 8  of Environmental Protection shall consider, but not be limited

 9  to, the following:

10         (a)  Whether the geographic territory of the proposed

11  authority is of sufficient size and character to reduce the

12  environmental effects of improper or excessive withdrawals of

13  water from concentrated areas.

14         (b)  The maximization of economic development of the

15  water resources within the territory of the proposed

16  authority.

17         (c)  The availability of a dependable and adequate

18  water supply.

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

20  construct, operate, and maintain water supply facilities in

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

22  adequate water supply will be available to all citizens within

23  the authority.

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

25  any municipality, county, or existing authority or

26  authorities.

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

28  area of the authority.

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

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

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


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 1  regional water supply authority for use by such county,

 2  special district, or municipality.

 3         Section 6.  Subsection (5) is added to section 373.223,

 4  Florida Statutes, to read:

 5         373.223  Conditions for a permit.--

 6         (5)  In evaluating an application for consumptive use

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

 8  project as described in the regional water supply plan and

 9  provides reasonable assurances of the applicant's capability

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

11  governing board or department shall presume that the

12  alternative water supply use is consistent with the public

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

14  board identifies the need for a multijurisdictional water

15  supply entity or regional water supply authority to develop

16  the alternative water supply project pursuant to s.

17  373.0361(2)(a)2., the presumption shall be accorded only to

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

19  does not effect evaluation of the use pursuant to the

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

21  373.2295, and 373.233.

22         Section 7.  Subsection (4) is added to section 373.236,

23  Florida Statutes, to read:

24         373.236  Duration of permits; compliance reports.--

25         (4)  Permits approved for the development of

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

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

28  construction of the project, upon request of the permittee

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

30  extended for such additional time as is required for the

31  retirement of bonds, not including any refunding or


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 1  refinancing of such bonds, provided that the governing board

 2  determines that the use will continue to meet the conditions

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

 4  compliance reports under subsection (3).

 5         Section 8.  Section 373.459, Florida Statutes, is

 6  amended to read:

 7         373.459  Funds for surface water improvement and

 8  management.--

 9         (1)  Legislative appropriations provided to the water

10  management districts for surface water improvement and

11  management activities shall be available for detailed planning

12  and plan and program implementation.

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

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

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

16  regional agency, university, or nonprofit or private

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

18  in-kind services towards the implementation of the specific

19  project for which it is contracting.

20         (3)(2)  The Ecosystem Management and Restoration Trust

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

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

23  department shall administer all funds appropriated to or

24  received for surface water improvement and management

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

26  costs of detailed planning and plan and program implementation

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

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

29  of, treatment facilities for domestic or industrial waste

30  disposal.

31  


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 1         (4)(3)  The department shall authorize the release of

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

 3  373.501(2) and procedures in s. 373.59(4) and (5).

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

 5  current obligations incurred under this section shall be

 6  transferred to the State Board of Administration, to the

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

 8  provided by law. Interest received on such investments shall

 9  be credited to the trust fund.

10         Section 9.  Section 373.0361, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section. See

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

14         373.0361  Regional water supply planning.--

15         (1)  The governing board of each water management

16  district shall conduct water supply planning for any water

17  supply planning region within the district identified in the

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

19  it determines that existing sources of water are not adequate

20  to supply water for all existing and future

21  reasonable-beneficial uses and to sustain the water resources

22  and related natural systems for the planning period. The

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

24  coordination and cooperation with local governments, regional

25  water supply authorities, government-owned and privately owned

26  water utilities, multijurisdictional water supply entities,

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

28  districts shall actively engage in public education and

29  outreach to all affected local entities and their officials,

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

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


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

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

 3  modeling tools anticipated to be used to support the regional

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

 5  meetings to communicate the status, overall conceptual intent,

 6  and impacts of the plan on existing and future

 7  reasonable-beneficial uses and related natural systems. During

 8  the planning process, a local government may choose to prepare

 9  its own water supply assessment to determine if existing water

10  sources are adequate to meet existing and projected

11  reasonable-beneficial needs of the local government while

12  sustaining water resources and related natural systems. The

13  local government shall submit such assessment, including the

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

15  consider the local government's assessment during the

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

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

18  planning region is not needed pursuant to this section shall

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

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

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

22  this subsection.

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

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

25  not be limited to:

26         (a)  A water supply development component for each

27  water supply planning region identified by the district which

28  includes:

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

30  existing and future reasonable-beneficial uses within the

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


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 1  associated with identifying the water supply needs of existing

 2  and future reasonable-beneficial uses shall be based upon

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

 4  Population projections used for determining public water

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

 6  determining the best available data, the district shall

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

 8  Business Research (BEBR) medium population projections and any

 9  population projection data and analysis submitted by a local

10  government pursuant to the public workshop described in

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

12  government's comprehensive plan. Any adjustment of or

13  deviation from the BEBR projections must be fully described,

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

15  adjusted data.

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

17  including traditional and alternative water supply project

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

19  privately owned utilities, regional water supply authorities,

20  multijurisdictional water supply entities, self-suppliers, and

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

22  projects listed by the district, such users may propose

23  specific projects for inclusion in the list of alternative

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

25  listed as an alternative water supply project, the district

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

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

28  the projects included in the plan shall exceed the needs

29  identified in subparagraph 1. and shall take into account

30  water conservation and other demand management measures, as

31  well as water resources constraints, including adopted minimum


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 1  flows and levels and water reservations. Where the district

 2  determines it is appropriate, the plan should specifically

 3  identify the need for multijurisdictional approaches to

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

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

 6  such analysis, appear to be permittable and financially and

 7  technically feasible.

 8         3.  For each project option identified in subparagraph

 9  2., the following shall be provided:

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

11  available through the project.

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

13  implemented and the estimated planning-level costs for capital

14  investment and operating and maintaining the project.

15         c.  An analysis of funding needs and sources of

16  possible funding options. For alternative water supply

17  projects the water management districts shall provide funding

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

19         d.  Identification of the entity that should implement

20  each project option and the current status of project

21  implementation.

22         (b)  A water resource development component that

23  includes:

24         1.  A listing of those water resource development

25  projects that support water supply development.

26         2.  For each water resource development project listed:

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

28  available through the project.

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

30  implemented and the estimated planning-level costs for capital

31  investment and for operating and maintaining the project.


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 1         c.  An analysis of funding needs and sources of

 2  possible funding options.

 3         d.  Identification of the entity that should implement

 4  each project option and the current status of project

 5  implementation.

 6         (c)  The recovery and prevention strategy described in

 7  s. 373.0421(2).

 8         (d)  A funding strategy for water resource development

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

10  cost of constructing or implementing all of the listed

11  projects.

12         (e)  Consideration of how the project options addressed

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

14  overall by preventing the loss of natural resources or

15  avoiding greater future expenditures for water resource

16  development or water supply development. However, unless

17  adopted by rule, these considerations do not constitute final

18  agency action.

19         (f)  The technical data and information applicable to

20  each planning region which are necessary to support the

21  regional water supply plan.

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

23  resources within each planning region.

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

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

26         (i)  Identification of surface waters or aquifers for

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

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

29  department, of areas or instances in which the variance

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

31  


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 1  create water supply development or water resource development

 2  projects.

 3         (3)  The water supply development component of a

 4  regional water supply plan which deals with or affects public

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

 6  regional water supply authority and its member governments

 7  within the boundary of the Southwest Florida Water Management

 8  District shall be developed jointly by the authority and the

 9  district. In areas not served by regional water supply

10  authorities, or other multijurisdictional water supply

11  entities, and where opportunities exist to meet water supply

12  needs more efficiently through multijurisdictional projects

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

14  districts are directed to assist in developing

15  multijurisdictional approaches to water supply project

16  development jointly with affected water utilities, special

17  districts, and local governments.

18         (4)  Governing board approval of a regional water

19  supply plan shall not be subject to the rulemaking

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

21  approved regional water supply plan which affects the

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

23  120.569.

24         (5)  Annually and in conjunction with the reporting

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

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

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

28  report shall include:

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

30  potential sources of funding for water resource development

31  


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 1  and water supply development projects as identified in the

 2  water management district regional water supply plans.

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

 4  district ad valorem tax revenues or other district funds made

 5  available to develop alternative water supplies.

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

 7  achieving its water resource development objectives, including

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

 9  development work program.

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

11  to implement each alternative water supply project option

12  chosen by the entities and identified for implementation in

13  the plan.

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

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

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

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

18  account for additional water being made available for

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

20  produced by each project, and an assessment of the

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

22  providing sufficient water to meet the needs of existing and

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

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

25         (6)  Nothing contained in the water supply development

26  component of a regional water supply plan shall be construed

27  to require local governments, government-owned or privately

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

29  regional water supply authorities, multijurisdictional water

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

31  supply development project identified in the component merely


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

 2  373.223(3) and (5), the plan may not be used in the review of

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

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

 5  does not prohibit a water management district from employing

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

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

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

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

10  planning region shows the need for one or more alternative

11  water supply projects, the district shall notify the affected

12  local governments and make every reasonable effort to educate

13  and involve local public officials in working toward solutions

14  in conjunction with the districts and, where appropriate,

15  other local and regional water supply entities.

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

17  its regional water supply plan, each water management district

18  shall notify by certified mail each entity identified in

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

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

21  water management district shall appear before and present its

22  findings and recommendations to the entity.

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

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

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

26  water management district written notification of the

27  following: the alternative water supply projects or options

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

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

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

31  project implementation, including development of the financial


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

 2  coordinating multijurisdictional projects, if applicable. The

 3  information provided in the notification shall be updated

 4  annually and a progress report shall be provided by November

 5  15 of each year to the water management district. If an entity

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

 7  water supply project options identified in the regional water

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

 9  notification by a water management district pursuant to

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

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

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

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

14  status of project implementation as described in this

15  paragraph. The entity may request that the water management

16  district consider the other project for inclusion in the

17  regional water supply plan.

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

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

20  for such update shall be extended by 1 year.

21         Section 10.  Paragraph (c) of subsection (6) of section

22  163.3177, Florida Statutes, is amended to read:

23         163.3177  Required and optional elements of

24  comprehensive plan; studies and surveys.--

25         (6)  In addition to the requirements of subsections

26  (1)-(5), the comprehensive plan shall include the following

27  elements:

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

29  potable water, and natural groundwater aquifer recharge

30  element correlated to principles and guidelines for future

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


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

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

 3  detailed engineering plan including a topographic map

 4  depicting areas of prime groundwater recharge. The element

 5  shall describe the problems and needs and the general

 6  facilities that will be required for solution of the problems

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

 8  depicting any areas adopted by a regional water management

 9  district as prime groundwater recharge areas for the Floridan

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

11  shall be given special consideration when the local government

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

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

14  surveys shall be provided which indicate the suitability of

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

16  board approves an updated regional water supply plan By

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

18  water supply project or projects selected by the local

19  government from those identified in the regional water supply

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

21  government under s. 373.0361(7)(b) consider the appropriate

22  water management district's regional water supply plan

23  approved pursuant to s. 373.0361. If a local government is

24  located within two water management districts, the local

25  government shall adopt its comprehensive plan amendment within

26  18 months after the later updated regional water supply plan.

27  The element must identify such alternative water supply

28  projects and traditional water supply projects and

29  conservation and reuse, necessary to meet the water needs

30  identified in s. 373.0361(2)(a) within the local government's

31  jurisdiction and include a work plan, covering at least a 10


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 1  year planning period, for building public, private, and

 2  regional water supply facilities, including development of

 3  alternative water supplies, which that are identified in the

 4  element as necessary to serve existing and new development and

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

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

 7  months after the governing board of a water management

 8  district approves an updated regional water supply plan. Local

 9  governments, public and private utilities, regional water

10  supply authorities, special districts, and water management

11  districts are encouraged to cooperatively plan for the

12  development of multijurisdictional water supply facilities

13  sufficient to meet projected demands for established planning

14  periods, including the development of alternative water

15  sources to supplement traditional sources of groundwater and

16  surface water supplies. Amendments to incorporate the work

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

18  adoption of amendments to the comprehensive plan.

19         Section 11.  Paragraph (a) of subsection (2) of section

20  163.3180, Florida Statutes, is amended to read:

21         163.3180  Concurrency.--

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

23  adequate water supplies and sanitary sewer, solid waste,

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

25  available to serve new development no later than the issuance

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

27  functional equivalent. Prior to approval of a building permit

28  or its functional equivalent, the local government shall

29  consult with the applicable water supplier to determine

30  whether adequate water supplies to serve the new development

31  will be available no later than the anticipated date of


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 1  issuance by the local government of a certificate of occupancy

 2  or its functional equivalent.

 3         Section 12.  Paragraph (l) of subsection (2) of section

 4  163.3191, Florida Statutes, is amended to read:

 5         163.3191  Evaluation and appraisal of comprehensive

 6  plan.--

 7         (2)  The report shall present an evaluation and

 8  assessment of the comprehensive plan and shall contain

 9  appropriate statements to update the comprehensive plan,

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

11  other media, related to:

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

13  successful in identifying alternative water supply projects

14  and traditional water supply projects, including conservation

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

16  373.0361(2)(a) within the local government's jurisdiction. The

17  report must evaluate the degree to which the local government

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

19  and regional water supply facilities, including development of

20  alternative water supplies, identified in the element as

21  necessary to serve existing and new development. The

22  evaluation must consider the appropriate water management

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

24  373.0361. The potable water element must be revised to include

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

26  building any water supply facilities that are identified in

27  the element as necessary to serve existing and new development

28  and for which the local government is responsible.

29         Section 13.  Paragraph (d) of subsection (2) and

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

31  Florida Statutes, are amended to read:


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 1         403.067  Establishment and implementation of total

 2  maximum daily loads.--

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

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

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

 6  periodically to the United States Environmental Protection

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

 8  maximum daily load assessments will be conducted. The

 9  assessments shall evaluate the water quality conditions of the

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

11  water quality standards, total maximum daily loads shall be

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

13  department shall establish a priority ranking and schedule for

14  analyzing such waters.

15         (d)  If the department proposes to implement total

16  maximum daily load calculations or allocations established

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

18  adopt those calculations and allocations by rule by the

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

20  (6)(c) (6)(d).

21         (6)  CALCULATION AND ALLOCATION.--

22         (a)  Calculation of total maximum daily load.

23         1.  Prior to developing a total maximum daily load

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

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

26  coordinate with applicable local governments, water management

27  districts, the Department of Agriculture and Consumer

28  Services, other appropriate state agencies, local soil and

29  water conservation districts, environmental groups, regulated

30  interests, and affected pollution sources to determine the

31  information required, accepted methods of data collection and


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 1  analysis, and quality control/quality assurance requirements.

 2  The analysis may include mathematical water quality modeling

 3  using approved procedures and methods.

 4         2.  The department shall develop total maximum daily

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

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

 7  ranking and schedule unless the impairment of such waters is

 8  due solely to activities other than point and nonpoint sources

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

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

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

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

13  predominantly due to activities other than point and nonpoint

14  sources. The total maximum daily load calculation shall

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

16  body segment may receive from all sources without exceeding

17  water quality standards, and shall account for seasonal

18  variations and include a margin of safety that takes into

19  account any lack of knowledge concerning the relationship

20  between effluent limitations and water quality. The total

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

22  goal developed by a water management district, provided that

23  such pollutant load reduction goal is promulgated by the

24  department in accordance with the procedural and substantive

25  requirements of this subsection.

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

27  maximum daily loads shall include establishment of reasonable

28  and equitable allocations of the total maximum daily load

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

30  or in conjunction with other management and restoration

31  activities, provide for the attainment of the pollutant


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 1  reductions established pursuant to paragraph (a) to achieve

 2  water quality standards for the pollutant causing impairment

 3  water quality standards and the restoration of impaired

 4  waters. The allocations may establish the maximum amount of

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

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

 7  water body segment in combination with other discharges or

 8  releases. Allocations may also be made to individual basins

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

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

11  body segments. An initial allocation of allowable pollutant

12  loads among point and nonpoint sources may be developed as

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

14  the detailed allocation to specific point sources and specific

15  categories of nonpoint sources shall be established in the

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

17  initial and detailed allocations shall be designed to attain

18  the pollutant reductions established pursuant to paragraph (a)

19  water quality standards and shall be based on consideration of

20  the following:

21         1.  Existing treatment levels and management practices;

22         2.  Best management practices established and

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

24         3.  Enforceable treatment levels established pursuant

25  to state or local law or permit;

26         4.2.  Differing impacts pollutant sources and forms of

27  pollutant may have on water quality;

28         5.3.  The availability of treatment technologies,

29  management practices, or other pollutant reduction measures;

30         6.4.  Environmental, economic, and technological

31  feasibility of achieving the allocation;


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 1         7.5.  The cost benefit associated with achieving the

 2  allocation;

 3         8.6.  Reasonable timeframes for implementation;

 4         9.7.  Potential applicability of any moderating

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

 6  and

 7         10.8.  The extent to which nonattainment of water

 8  quality standards is caused by pollution sources outside of

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

10  bodies prior to the date of this act.

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

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

13  Senate, and the Speaker of the House of Representatives

14  containing recommendations, including draft legislation, for

15  any modifications to the process for allocating total maximum

16  daily loads, including the relationship between allocations

17  and the watershed or basin management planning process. Such

18  recommendations shall be developed by the department in

19  cooperation with a technical advisory committee which includes

20  representatives of affected parties, environmental

21  organizations, water management districts, and other

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

23  technical advisory committee shall also include such members

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

25  Speaker of the House of Representatives.

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

27  calculations and allocations established under this subsection

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

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

30  403.805. Where additional data collection and analysis are

31  needed to increase the scientific precision and accuracy of


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

 2  adopt phased total maximum daily loads that are subject to

 3  change as additional data becomes available. Where phased

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

 5  in the detailed statement of facts and circumstances

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

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

 8  adopted pursuant to this paragraph shall not be subject to

 9  approval by the Environmental Regulation Commission. As part

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

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

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

13  being developed. Notice of the public workshop shall be

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

15  the public workshop in a newspaper of general circulation in

16  the county or counties containing the water bodies or water

17  body segments for which the total maximum daily load

18  calculation and allocation are being developed.

19         (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND

20  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

21         (a)  Basin management action plans.--

22         1.  In developing and implementing the total maximum

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

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

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

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

27  shall integrate the appropriate management strategies

28  available to the state through existing water quality

29  protection programs to achieve the total maximum daily loads

30  and may provide for phased implementation of these management

31  strategies to promote timely, cost-effective actions as


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

 2  schedule for implementing the management strategies, establish

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

 4  feasible funding strategies for implementing the plan's

 5  management strategies. The management strategies may include

 6  regional treatment systems or other public works, where

 7  appropriate, to achieve the needed pollutant load reductions.

 8         2.  A basin management action plan shall equitably

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

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

11  identified point source or category of nonpoint sources, as

12  appropriate. For nonpoint sources for which best management

13  practices have been adopted, the initial requirement specified

14  by the plan shall be those practices developed pursuant to

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

16  pollutant-load-reduction credits to dischargers that have

17  implemented management strategies to reduce pollutant loads,

18  including best management practices, prior to the development

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

20  identify the mechanisms by which potential future increases in

21  pollutant loading will be addressed.

22         3.  The basin management action planning process is

23  intended to involve the broadest possible range of interested

24  parties, with the objective of encouraging the greatest amount

25  of cooperation and consensus possible. In developing a basin

26  management action plan, the department shall assure that key

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

28  governments, water management districts, the Department of

29  Agriculture and Consumer Services, other appropriate state

30  agencies, local soil and water conservation districts,

31  environmental groups, regulated interests, and affected


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

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

 3  vicinity of the watershed or basin to discuss and receive

 4  comments during the planning process and shall otherwise

 5  encourage public participation to the greatest practicable

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

 7  newspaper of general circulation in each county in which the

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

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

10  shall not supplant or otherwise alter any assessment made

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

12  initial allocation.

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

14  basin management action plan by secretarial order pursuant to

15  chapter 120 to implement the provisions of this section.

16         5.  The basin management action plan shall include

17  milestones for implementation and water quality improvement,

18  and an associated water quality monitoring component

19  sufficient to evaluate whether reasonable progress in

20  pollutant load reductions is being achieved over time. An

21  assessment of progress toward these milestones shall be

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

23  made as appropriate. Revisions to the basin management action

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

25  stakeholders. Revisions to the management strategies required

26  for nonpoint sources shall follow the procedures set forth in

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

28  be adopted pursuant to subparagraph 4.

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

30         1.  The department shall be the lead agency in

31  coordinating the implementation of the total maximum daily


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 1  loads through existing water quality protection programs.

 2  Application of a total maximum daily load by a water

 3  management district shall be consistent with this section and

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

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

 6  the calculation and allocation previously established by the

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

 8         a.1.  Permitting and other existing regulatory

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

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

11  including best management practices, cost sharing, waste

12  minimization, pollution prevention, agreements established

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

14         c.3.  Other water quality management and restoration

15  activities, for example surface water improvement and

16  management plans approved by water management districts or

17  watershed or basin management action plans developed pursuant

18  to this subsection;

19         d.4.  Pollutant trading or other equitable economically

20  based agreements;

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

22         f.6.  Land acquisition.

23         2.  For a basin management action plan adopted pursuant

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

25  reduction requirements associated with a pollutant of concern

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

27  including effluent limits set forth for a discharger subject

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

29  manner in subsequent NPDES permits or permit modifications for

30  that discharger. The department shall not impose limits or

31  conditions implementing an adopted total maximum daily load in


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

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

 3  basin management action plan.

 4         a.  Absent a detailed allocation, total maximum daily

 5  loads shall be implemented through NPDES permit conditions

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

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

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

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

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

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

12  conditions consistent with the plan shall be established.

13  Notwithstanding the other provisions of this subparagraph,

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

15  permit issuance, renewal or modification may establish

16  individual allocations prior to the adoption of a basin

17  management action plan.

18         b.  For holders of NPDES municipal separate storm sewer

19  system permits and other stormwater sources, implementation of

20  a total maximum daily load or basin management action plan

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

22  the use of best management practices or other management

23  measures.

24         c.  The basin management action plan does not relieve

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

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

27  the permit.

28         d.  Management strategies set forth in a basin

29  management action plan to be implemented by a discharger

30  subject to permitting by the department shall be completed

31  pursuant to the schedule set forth in the basin management


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 1  action plan. This implementation schedule may extend beyond

 2  the 5-year term of an NPDES permit.

 3         e.  Management strategies and pollution reduction

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

 5  specific pollutant of concern shall not be subject to

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

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

 8  modification.

 9         f.  For nonagricultural pollutant sources not subject

10  to NPDES permitting but permitted pursuant to other state,

11  regional, or local water quality programs, the pollutant

12  reduction actions adopted in a basin management action plan

13  shall be implemented to the maximum extent practicable as part

14  of those permitting programs.

15         g.  A nonpoint source discharger included in a basin

16  management action plan shall demonstrate compliance with the

17  pollutant reductions established pursuant to subsection (6) by

18  either implementing the appropriate best management practices

19  established pursuant to paragraph (c) or conducting water

20  quality monitoring prescribed by the department or a water

21  management district.

22         h.  A nonpoint source discharger included in a basin

23  management action plan may be subject to enforcement action by

24  the department or a water management district based upon a

25  failure to implement the responsibilities set forth in

26  sub-subparagraph g.

27         i.  A landowner, discharger, or other responsible

28  person who is implementing applicable management strategies

29  specified in an adopted basin management action plan shall not

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

31  implement additional management strategies to reduce pollutant


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 1  loads to attain the pollutant reductions established pursuant

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

 3  this section. This subparagraph does not limit the authority

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

 5  specified in subparagraph (a)5.

 6         (b)  In developing and implementing the total maximum

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

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

 9  watershed or basin management plan that addresses some or all

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

11  These plans will serve to fully integrate the management

12  strategies available to the state for the purpose of

13  implementing the total maximum daily loads and achieving water

14  quality restoration. The watershed or basin management

15  planning process is intended to involve the broadest possible

16  range of interested parties, with the objective of encouraging

17  the greatest amount of cooperation and consensus possible. The

18  department or water management district shall hold at least

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

20  to discuss and receive comments during the planning process

21  and shall otherwise encourage public participation to the

22  greatest practical extent. Notice of the public meeting shall

23  be published in a newspaper of general circulation in each

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

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

26  watershed or basin management plan shall not supplant or

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

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

29  403.086(6).

30         (c)  Best management practices.--

31  


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 1         1.  The department, in cooperation with the water

 2  management districts and other interested parties, as

 3  appropriate, may develop suitable interim measures, best

 4  management practices, or other measures necessary to achieve

 5  the level of pollution reduction established by the department

 6  for nonagricultural nonpoint pollutant sources in allocations

 7  developed pursuant to subsection (6) and this subsection

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

 9  by rule by the department and the water management districts

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

11  rule, shall may be implemented by those parties responsible

12  for nonagricultural nonpoint source pollution pollutant

13  sources and the department and the water management districts

14  shall assist with implementation. Where interim measures, best

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

16  the effectiveness of such practices in achieving the levels of

17  pollution reduction established in allocations developed by

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

19  by the department. Implementation, in accordance with

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

21  department to be effective at representative sites shall

22  provide a presumption of compliance with state water quality

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

24  those pollutants addressed by the practices, and the

25  department is not authorized to institute proceedings against

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

27  damages associated with the contamination of surface or ground

28  water caused by those pollutants. Such rules shall also

29  incorporate provisions for a notice of intent to implement the

30  practices and a system to assure the implementation of the

31  practices, including recordkeeping requirements. Where water


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 1  quality problems are detected despite the appropriate

 2  implementation, operation, and maintenance of best management

 3  practices and other measures according to rules adopted under

 4  this paragraph, the department or the water management

 5  districts shall institute a reevaluation of the best

 6  management practice or other measures.

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

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

 9  120.536(1) and 120.54 suitable interim measures, best

10  management practices, or other measures necessary to achieve

11  the level of pollution reduction established by the department

12  for agricultural pollutant sources in allocations developed

13  pursuant to subsection (6) and this subsection paragraph

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

15  those parties responsible for agricultural pollutant sources

16  and the department, the water management districts, and the

17  Department of Agriculture and Consumer Services shall assist

18  with implementation. Where interim measures, best management

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

20  effectiveness of such practices in achieving the levels of

21  pollution reduction established in allocations developed by

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

23  by the department.  Implementation, in accordance with

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

25  department to be effective at representative sites shall

26  provide a presumption of compliance with state water quality

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

28  those pollutants addressed by the practices, and the

29  department is not authorized to institute proceedings against

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

31  damages associated with the contamination of surface or ground


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

 2  and adopting rules for interim measures, best management

 3  practices, or other measures, the Department of Agriculture

 4  and Consumer Services shall consult with the department, the

 5  Department of Health, the water management districts,

 6  representatives from affected farming groups, and

 7  environmental group representatives. Such rules shall also

 8  incorporate provisions for a notice of intent to implement the

 9  practices and a system to assure the implementation of the

10  practices, including recordkeeping requirements. Where water

11  quality problems are detected despite the appropriate

12  implementation, operation, and maintenance of best management

13  practices and other measures according to rules adopted under

14  this paragraph, the Department of Agriculture and Consumer

15  Services shall institute a reevaluation of the best management

16  practice or other measure.

17         3.  Where interim measures, best management practices,

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

19  such practices in achieving the levels of pollution reduction

20  established in allocations developed by the department

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

22  verified at representative sites by the department. The

23  department shall use best professional judgment in making the

24  initial verification that the best management practices are

25  effective and, where applicable, shall notify the appropriate

26  water management district and the Department of Agriculture

27  and Consumer Services of its initial verification prior to the

28  adoption of a rule proposed pursuant to this paragraph.

29  Implementation, in accordance with rules adopted under this

30  paragraph, of practices that have been initially verified to

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


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 1  representative sites, by the department, shall provide a

 2  presumption of compliance with state water quality standards

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

 4  pollutants addressed by the practices, and the department is

 5  not authorized to institute proceedings against the owner of

 6  the source of pollution to recover costs or damages associated

 7  with the contamination of surface water or groundwater caused

 8  by those pollutants.

 9         4.  Where water quality problems are demonstrated,

10  despite the appropriate implementation, operation, and

11  maintenance of best management practices and other measures

12  according to rules adopted under this paragraph, the

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

14  Agriculture and Consumer Services, in consultation with the

15  department, shall institute a reevaluation of the best

16  management practice or other measure. Should the reevaluation

17  determine that the best management practice or other measure

18  requires modification, the department, a water management

19  district, or the Department of Agriculture and Consumer

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

21  implementation of the modified practice within a reasonable

22  time period as specified in the rule.

23         5.2.  Individual agricultural records relating to

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

25  production, profits, or other financial information which are

26  otherwise not public records, which are reported to the

27  Department of Agriculture and Consumer Services pursuant to

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

29  adopted pursuant to subparagraph 2. this paragraph shall be

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

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


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 1  any water management district, the Department of Agriculture

 2  and Consumer Services shall make such individual agricultural

 3  records available to that agency, provided that the

 4  confidentiality specified by this subparagraph for such

 5  records is maintained. This subparagraph is subject to the

 6  Open Government Sunset Review Act of 1995 in accordance with

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

 8  reviewed and saved from repeal through reenactment by the

 9  Legislature.

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

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

12  water management district from requiring compliance with water

13  quality standards or with current best management practice

14  requirements set forth in any applicable regulatory program

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

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

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

18  with any rules adopted promulgated by the department that are

19  necessary to maintain a federally delegated or approved

20  program.

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

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

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

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

25  guidance under subsection (5);

26         (b)  Administration of funds to implement the total

27  maximum daily load and basin management action planning

28  programs program;

29         (c)  Procedures for pollutant trading among the

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

31  including a mechanism for the issuance and tracking of


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 1  pollutant credits. Such procedures may be implemented through

 2  permits or other authorizations and must be legally binding.

 3  Prior to adopting rules for pollutant trading under this

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

 5  of Environmental Protection shall submit a report to the

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

 7  House of Representatives containing recommendations on such

 8  rules, including the proposed basis for equitable economically

 9  based agreements and the tracking and accounting of pollution

10  credits or other similar mechanisms. Such recommendations

11  shall be developed in cooperation with a technical advisory

12  committee that includes experts in pollutant trading and

13  representatives of potentially affected parties; No rule

14  implementing a pollutant trading program shall become

15  effective prior to review and ratification by the Legislature;

16  and

17         (d)  The total maximum daily load calculation in

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

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

20  within Lake Okeechobee proper as submitted to the United

21  States Environmental Protection Agency pursuant to subsection

22  (2); and.

23         (e)  Implementation of other specific provisions.

24         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

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

26  legislative approval, any additional regulatory authority

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

28  130, if such implementation would result in water quality

29  discharge regulation of activities not currently subject to

30  regulation.

31  


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

 2  other measures may be developed and voluntarily implemented

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

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

 5  total maximum daily load or allocation has not been

 6  established. The implementation of such pollution control

 7  programs may be considered by the department in the

 8  determination made pursuant to subsection (4).

 9         Section 14.  Paragraph (c) of subsection (3) of section

10  373.4595, Florida Statutes, is amended to read:

11         373.4595  Lake Okeechobee Protection Program.--

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

13  program for Lake Okeechobee that achieves phosphorus load

14  reductions for Lake Okeechobee shall be immediately

15  implemented as specified in this subsection. The program shall

16  address the reduction of phosphorus loading to the lake from

17  both internal and external sources. Phosphorus load reductions

18  shall be achieved through a phased program of implementation.

19  Initial implementation actions shall be technology-based,

20  based upon a consideration of both the availability of

21  appropriate technology and the cost of such technology, and

22  shall include phosphorus reduction measures at both the source

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

24  reductions shall be based upon the district's Technical

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

26  subsequent phases of phosphorus load reductions based upon the

27  total maximum daily loads established in accordance with s.

28  403.067. In the development and administration of the Lake

29  Okeechobee Protection Program, the coordinating agencies shall

30  maximize opportunities provided by federal cost-sharing

31  


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 1  programs and opportunities for partnerships with the private

 2  sector.

 3         (c)  Lake Okeechobee Watershed Phosphorus Control

 4  Program.--The Lake Okeechobee Watershed Phosphorus Control

 5  Program is designed to be a multifaceted approach to reducing

 6  phosphorus loads by improving the management of phosphorus

 7  sources within the Lake Okeechobee watershed through continued

 8  implementation of existing regulations and best management

 9  practices, development and implementation of improved best

10  management practices, improvement and restoration of the

11  hydrologic function of natural and managed systems, and

12  utilization of alternative technologies for nutrient

13  reduction. The coordinating agencies shall facilitate the

14  application of federal programs that offer opportunities for

15  water quality treatment, including preservation, restoration,

16  or creation of wetlands on agricultural lands.

17         1.  Agricultural nonpoint source best management

18  practices, developed in accordance with s. 403.067 and

19  designed to achieve the objectives of the Lake Okeechobee

20  Protection Program, shall be implemented on an expedited

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

22  develop an interagency agreement pursuant to ss. 373.046 and

23  373.406(5) that assures the development of best management

24  practices that complement existing regulatory programs and

25  specifies how those best management practices are implemented

26  and verified. The interagency agreement shall address measures

27  to be taken by the coordinating agencies during any best

28  management practice reevaluation performed pursuant to

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

30  judgment in making the initial determination of best

31  management practice effectiveness.


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

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

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

 4  and affected parties, shall initiate rule development for

 5  interim measures, best management practices, conservation

 6  plans, nutrient management plans, or other measures necessary

 7  for Lake Okeechobee phosphorus load reduction. The rule shall

 8  include thresholds for requiring conservation and nutrient

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

10  Development of agricultural nonpoint source best management

11  practices shall initially focus on those priority basins

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

13  Consumer Services, in consultation with the department, the

14  district, and affected parties, shall conduct an ongoing

15  program for improvement of existing and development of new

16  interim measures or best management practices for the purpose

17  of adoption of such practices by rule.

18         b.  Where agricultural nonpoint source best management

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

20  Department of Agriculture and Consumer Services, the owner or

21  operator of an agricultural nonpoint source addressed by such

22  rule shall either implement interim measures or best

23  management practices or demonstrate compliance with the

24  district's WOD program by conducting monitoring prescribed by

25  the department or the district. Owners or operators of

26  agricultural nonpoint sources who implement interim measures

27  or best management practices adopted by rule of the Department

28  of Agriculture and Consumer Services shall be subject to the

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

30  Consumer Services, in cooperation with the department and the

31  district, shall provide technical and financial assistance for


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 1  implementation of agricultural best management practices,

 2  subject to the availability of funds.

 3         c.  The district or department shall conduct monitoring

 4  at representative sites to verify the effectiveness of

 5  agricultural nonpoint source best management practices.

 6         d.  Where water quality problems are detected for

 7  agricultural nonpoint sources despite the appropriate

 8  implementation of adopted best management practices, the

 9  Department of Agriculture and Consumer Services, in

10  consultation with the other coordinating agencies and affected

11  parties, shall institute a reevaluation of the best management

12  practices and make appropriate changes to the rule adopting

13  best management practices.

14         2.  Nonagricultural nonpoint source best management

15  practices, developed in accordance with s. 403.067 and

16  designed to achieve the objectives of the Lake Okeechobee

17  Protection Program, shall be implemented on an expedited

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

19  develop an interagency agreement pursuant to ss. 373.046 and

20  373.406(5) that assures the development of best management

21  practices that complement existing regulatory programs and

22  specifies how those best management practices are implemented

23  and verified. The interagency agreement shall address measures

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

25  management practice reevaluation performed pursuant to

26  sub-subparagraph d.

27         a.  The department and the district are directed to

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

29  Agricultural Sciences to develop appropriate nutrient

30  application rates for all nonagricultural soil amendments in

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


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 1  2001, the department, in consultation with the district and

 2  affected parties, shall develop interim measures, best

 3  management practices, or other measures necessary for Lake

 4  Okeechobee phosphorus load reduction. Development of

 5  nonagricultural nonpoint source best management practices

 6  shall initially focus on those priority basins listed in

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

 8  parties shall conduct an ongoing program for improvement of

 9  existing and development of new interim measures or best

10  management practices. The district shall adopt

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

12  for nonagricultural nonpoint sources of phosphorus.

13         b.  Where nonagricultural nonpoint source best

14  management practices or interim measures have been developed

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

16  operator of a nonagricultural nonpoint source shall implement

17  interim measures or best management practices and be subject

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

19  district shall provide technical and financial assistance for

20  implementation of nonagricultural nonpoint source best

21  management practices, subject to the availability of funds.

22         c.  The district or the department shall conduct

23  monitoring at representative sites to verify the effectiveness

24  of nonagricultural nonpoint source best management practices.

25         d.  Where water quality problems are detected for

26  nonagricultural nonpoint sources despite the appropriate

27  implementation of adopted best management practices, the

28  department and the district shall institute a reevaluation of

29  the best management practices.

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

31  preclude the department or the district from requiring


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 1  compliance with water quality standards or with current best

 2  management practices requirements set forth in any applicable

 3  regulatory program authorized by law for the purpose of

 4  protecting water quality. Additionally, subparagraphs 1. and

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

 6  with any rules promulgated by the department that are

 7  necessary to maintain a federally delegated or approved

 8  program.

 9         4.  Projects which reduce the phosphorus load

10  originating from domestic wastewater systems within the Lake

11  Okeechobee watershed shall be given funding priority in the

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

13  department shall coordinate and provide assistance to those

14  local governments seeking financial assistance for such

15  priority projects.

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

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

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

19  following methods: restoring the natural hydrology of the

20  basin, restoring wildlife habitat or impacted wetlands,

21  reducing peak flows after storm events, increasing aquifer

22  recharge, or protecting range and timberland from conversion

23  to development, are eligible for grants available under this

24  section from the coordinating agencies.  For projects of

25  otherwise equal priority, special funding priority will be

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

27  outlined above that involve public-private partnerships or

28  that obtain federal match money. Preference ranking above the

29  special funding priority will be given to projects located in

30  a rural area of critical economic concern designated by the

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


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

 2  limited to, the purchase of conservation and flowage

 3  easements, hydrologic restoration of wetlands, creating

 4  treatment wetlands, development of a management plan for

 5  natural resources, and financial support to implement a

 6  management plan.

 7         6.a.  The department shall require all entities

 8  disposing of domestic wastewater residuals within the Lake

 9  Okeechobee watershed and the remaining areas of Okeechobee,

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

11  department an agricultural use plan that limits applications

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

13  concentrations originating from these application sites shall

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

15  program.

16         b.  Private and government-owned utilities within

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

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

19  dispose of wastewater residual sludge from utility operations

20  and septic removal by land spreading in the Lake Okeechobee

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

22  wastewater residual treatment and disposal if such disposal

23  and treatment is done by approved alternative treatment

24  methodology at a facility located within the areas designated

25  by the Governor as rural areas of critical economic concern

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

27  environmental protection disposal fee above the present sewer

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

29  rate to customers, notwithstanding provisions to the contrary

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

31  commission or its designated assignee in the county in which


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 1  the alternative method treatment facility is located. The fee

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

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

 4  Upon request by an affected county commission, the Florida

 5  Public Service Commission will provide assistance in

 6  establishing the fee. Further, for utilities and utility

 7  authorities that use the additional line item environmental

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

 9  rate increase under the rules of the Public Service Commission

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

11  provisions of this section may immediately include in their

12  sewer invoicing the new environmental protection disposal fee.

13  Proceeds from this environmental protection disposal fee shall

14  be used for treatment and disposal of wastewater residuals,

15  including any treatment technology that helps reduce the

16  volume of residuals that require final disposal, but such

17  proceeds shall not be used for transportation or shipment

18  costs for disposal or any costs relating to the land

19  application of residuals in the Lake Okeechobee watershed.

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

21  Florida Public Service Commission or the county commission

22  through the services of an independent auditor shall perform a

23  financial audit of all facilities receiving compensation from

24  an environmental protection disposal fee. The Florida Public

25  Service Commission or the county commission through the

26  services of an independent auditor shall also perform an audit

27  of the methodology used in establishing the environmental

28  protection disposal fee. The Florida Public Service Commission

29  or the county commission shall, within 120 days after

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

31  President of the Senate and the Speaker of the House of


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 1  Representatives and shall provide copies to the county

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

 3  The books and records of any facilities receiving compensation

 4  from an environmental protection disposal fee shall be open to

 5  the Florida Public Service Commission and the Auditor General

 6  for review upon request.

 7         7.  The Department of Health shall require all entities

 8  disposing of septage within the Lake Okeechobee watershed and

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

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

11  agricultural use plan that limits applications based upon

12  phosphorus loading.  By July 1, 2005, phosphorus

13  concentrations originating from these application sites shall

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

15  program.

16         8.  The Department of Agriculture and Consumer Services

17  shall initiate rulemaking requiring entities within the Lake

18  Okeechobee watershed and the remaining areas of Okeechobee,

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

20  develop conservation or nutrient management plans that limit

21  application, based upon phosphorus loading. Such rules may

22  include criteria and thresholds for the requirement to develop

23  a conservation or nutrient management plan, requirements for

24  plan approval, and recordkeeping requirements.

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

26  district, the district shall require responsible parties to

27  demonstrate that proposed changes in land use will not result

28  in increased phosphorus loading over that of existing land

29  uses.

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

31  Agriculture and Consumer Services, as appropriate, shall


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 1  implement those alternative nutrient reduction technologies

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

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

 4  Statutes, is amended to read:

 5         570.085  Department of Agriculture and Consumer

 6  Services; agricultural water conservation.--The department

 7  shall establish an agricultural water conservation program

 8  that includes the following:

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

10  appropriate with the United States Department of Agriculture

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

12  irrigation system retrofit and application of mobile

13  irrigation laboratory evaluations for water conservation as

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

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

16  403.067(7)(d).

17         Section 16.  Section 403.885, Florida Statutes, is

18  amended to read:

19         403.885  Stormwater management; wastewater management;

20  Water Quality Improvement and Water Restoration Grant

21  Program.--

22         (1)  The Department of Environmental Protection shall

23  develop and administer a competitive grant program to use

24  funds transferred pursuant to s. 212.20 to the Ecosystem

25  Management and Restoration Trust Fund or other moneys as

26  appropriated by the Legislature for stormwater management,

27  wastewater management, water quality improvement and water

28  restoration project grants. Eligible recipients of such grants

29  include counties, municipalities, water management districts,

30  and special districts that have legal responsibilities for

31  water quality improvement, water management, storm water


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 1  management, wastewater management, and water sewer system

 2  operations, and lake and river restoration projects. Drinking

 3  water projects are not eligible for funding pursuant to this

 4  section.

 5         (2)  The competitive grant program shall provide for

 6  the evaluation of annual grant proposals.  The department

 7  shall evaluate such proposals to determine if they:

 8         (a)  Protect public health and the environment.

 9         (b)  Implement plans developed pursuant to the Surface

10  Water Improvement and Management Act created in part IV of

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

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

13  plans adopted by local government for water quality

14  improvement and water restoration.

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

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

17  requirements:

18         (a)  An application for a stormwater management project

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

20  management district with jurisdiction in the project area.

21  District approval must be based on a determination that the

22  project provides a benefit to a priority water body.

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

24  application for a wastewater management project may be funded

25  only if:

26         1.  The project has been funded previously through a

27  line item in the General Appropriations Act; and

28         2.  The project is under construction.

29         (c)  An application for a wastewater management project

30  that would qualify as a water pollution control project and

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


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 1  sponsor has submitted an application to the department for

 2  funding pursuant to that section.

 3         (4)  All project applicants must provide local matching

 4  funds as follows:

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

 6  management project shall provide local matching funds equal to

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

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

 9  management project shall provide matching funds equal to at

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

11  

12  The requirement for matching funds may be waived if the

13  applicant is a financially disadvantaged small local

14  government as defined in subsection (5).

15         (3)  The department shall evaluate the annual grant

16  proposals and present the annual list of projects recommended

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

18  its annual budget request submitted pursuant to chapter 216

19  beginning with fiscal year 2003-2004.

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

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

22  be used for projects to assist financially disadvantaged small

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

24  "financially disadvantaged small local government" means a

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

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

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

28  state per capita annual income as determined by the United

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

30  designated by the Governor as a rural area of critical

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


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 1  eligible local governments shall not require matching local

 2  funds.

 3         (6)(5)  No later than February 1 of Each year,

 4  stormwater management and wastewater management water quality

 5  improvement projects and water restoration projects submitted

 6  for funding through the legislative process shall be submitted

 7  to the department by the appropriate fiscal committees of the

 8  House of Representatives and the Senate. The department shall

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

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

11  a list of projects that appear to meet the eligibility

12  requirements under this grant program.

13         (6)  The department may adopt rules necessary to

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

15  governing timeframes for submitting grant applications,

16  evaluation criteria, forms, matching criteria, maximum grant

17  amounts, and allocation of appropriated funds based upon

18  project and applicant size.

19         Section 17.  Section 403.890, Florida Statutes, is

20  created to read:

21         403.890  Water Protection and Sustainability Program;

22  intent; goals; purposes.--

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

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

25  be deposited into the Water Protection and Sustainability

26  Program Trust Fund in the Department of Environmental

27  Protection.  These revenues and any other additional revenues

28  deposited into or appropriated to the Water Protection and

29  Sustainability Trust Fund shall be distributed by the

30  Department of Environmental Protection in the following

31  manner:


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 1         (a)  Sixty percent to the Department of Environmental

 2  Protection for the implementation of an alternative water

 3  supply program as provided in s. 373.1961.

 4         (b)  Twenty percent for the implementation of best

 5  management practices and capital project expenditures

 6  necessary for the implementation of the goals of the total

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

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

 9  the Department of Environmental Protection Water Quality

10  Assurance Trust Fund to address water quality impacts

11  associated with nonagricultural nonpoint sources. Fifteen

12  percent of these funds shall be transferred to the Department

13  of Agriculture and Consumer Services General Inspection Trust

14  Fund to address water quality impacts associated with

15  agricultural nonpoint sources. These funds shall be used for

16  research, development, demonstration, and implementation of

17  the total maximum daily load program under s. 403.067,

18  suitable best management practices or other measures used to

19  achieve water quality standards in surface waters and water

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

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

22  Implementation of best management practices and other measures

23  may include cost-share grants, technical assistance,

24  implementation tracking, and conservation leases or other

25  agreements for water quality improvement. The Department of

26  Environmental Protection and the Department of Agriculture and

27  Consumer Services may adopt rules governing the distribution

28  of funds for implementation of capital projects, best

29  management practices, and other measures. These funds shall

30  not be used to abrogate the financial responsibility of those

31  point and nonpoint sources that have contributed to the


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 1  degradation of water or land areas. Increased priority shall

 2  be given by the department and the water management district

 3  governing boards to those projects that have secured a

 4  cost-sharing agreement allocating responsibility for the

 5  cleanup of point and nonpoint sources.

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

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

 8  water restoration activities in

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

10  The Secretary of Environmental Protection shall ensure that

11  each water management district receives the following

12  percentage of funds annually:

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

14  Management District;

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

16  Management District;

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

18  Management District;

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

20  Water Management District; and

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

22  Water Management District.

23         (d)  Ten percent to the Department of Environmental

24  Protection for the Disadvantaged Small Community Wastewater

25  Grant Program as provided in s. 403.1838.

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

27  thereafter, the Department of Environmental Protection shall

28  request the return of all unencumbered funds distributed

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

30  the Water Protection and Sustainability Program Trust Fund and

31  redistributed pursuant to the provisions of this section.


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

 2  appropriated into the Water Protection and Sustainability

 3  Trust Fund shall be distributed as follows:

 4         1.  One hundred million dollars to the Department of

 5  Environmental Protection for the implementation of an

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

 7         2.  Funds remaining after the distribution provided for

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

 9         (a)  Fifty percent for the implementation of best

10  management practices and capital project expenditures

11  necessary for the implementation of the goals of the total

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

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

14  the Department of Environmental Protection Water Quality

15  Assurance Trust Fund to address water quality impacts

16  associated with nonagricultural nonpoint sources. Fifteen

17  percent of these funds shall be transferred to the Department

18  of Agriculture and Consumer Services General Inspection Trust

19  Fund to address water quality impacts associated with

20  agricultural nonpoint sources. These funds shall be used for

21  research, development, demonstration, and implementation of

22  suitable best management practices or other measures used to

23  achieve water quality standards in surface waters and water

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

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

26  Implementation of best management practices and other measures

27  may include cost-share grants, technical assistance,

28  implementation tracking, and conservation leases or other

29  agreements for water quality improvement.  The Department of

30  Environmental Protection and the Department of Agriculture and

31  Consumer Services may adopt rules governing the distribution


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 1  of funds for implementation of best management practices.

 2  These funds shall not be used to abrogate the financial

 3  responsibility of those point and nonpoint sources that have

 4  contributed to the degradation of water or land areas.

 5  Increased priority shall be given by the department and the

 6  water management district governing boards to those projects

 7  that have secured a cost-sharing agreement allocating

 8  responsibility for the cleanup of point and nonpoint sources.

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

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

11  restoration activities in water-management-district-designated

12  priority water bodies. The Secretary of Environmental

13  Protection shall ensure that each water management district

14  receives the following percentage of funds annually:

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

16  Management District;

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

18  Management District;

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

20  Management District;

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

22  Water Management District; and

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

24  Water Management District.

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

26  Environmental Protection for the Disadvantaged Small Community

27  Wastewater Grant Program as provided in s. 403.1838.

28  

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

30  must review the distribution of funds under the Water

31  Protection and Sustainability Program to determine if


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 1  revisions to the funding formula are required. At the

 2  discretion of the President of the Senate and the Speaker of

 3  the House of Representatives, the appropriate substantive

 4  committees of the Legislature may conduct an interim project

 5  to review the Water Protection and Sustainability Program and

 6  the funding formula and make written recommendations to the

 7  Legislature proposing necessary changes, if any.

 8         Section 18.  Except as otherwise expressly provided in

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

10  

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