October 22, 2020
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Amendment CaShTmL-351004.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 444
                        Barcode 351004
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Environmental Preservation (Dockery)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (d) of subsection (1), subsection
19  (6) and  subsection (8) of section 201.15, Florida Statutes,
20  are amended to read:
21         201.15  Distribution of taxes collected.--All taxes
22  collected under this chapter shall be distributed as follows
23  and shall be subject to the service charge imposed in s.
24  215.20(1), except that such service charge shall not be levied
25  against any portion of taxes pledged to debt service on bonds
26  to the extent that the amount of the service charge is
27  required to pay any amounts relating to the bonds:
28         (1)  Sixty-two and sixty-three hundredths percent of
29  the remaining taxes collected under this chapter shall be used
30  for the following purposes:
31         (d)  The remainder of the moneys distributed under this
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 subsection, after the required payments under paragraphs (a), 2 (b), and (c), shall be paid into the State Treasury to the 3 credit of the General Revenue Fund of the state to be used and 4 expended for the purposes for which the General Revenue Fund 5 was created and exists by law, or to the Ecosystem Management 6 and Restoration Trust Fund or to the Marine Resources 7 Conservation Trust Fund as provided in subsection (11), or to 8 the Water Protection and Sustainability Program Trust Fund of 9 the Department of Environmental Protection as provided in s. 10 215.6197. Moneys available under this paragraph shall first be 11 used to pay debt service due on any water protection and 12 sustainability bonds or to make any other payments required by 13 the bond documents authorizing the issuance before such moneys 14 are used for other purposes authorized by this paragraph. 15 (6) Two and seventy eight Two and twenty-eight 16 hundredths percent of the remaining taxes collected under this 17 chapter shall be paid into the State Treasury to the credit of 18 the Invasive Plant Control Trust Fund to carry out the 19 purposes set forth in ss. 369.22 and 369.252. 20 (8) One-half of one percent of the remaining taxes 21 collected under this chapter shall be paid into the State 22 Treasury and divided equally to the credit of the Department 23 of Environmental Protection Water Quality Assurance Trust Fund 24 to address water quality impacts associated with 25 nonagricultural nonpoint sources and to the credit of the 26 Department of Agriculture and Consumer Services General 27 Inspection Trust Fund to address water quality impacts 28 associated with agricultural nonpoint sources, respectively. 29 These funds shall be used for research, development, 30 demonstration, and implementation of suitable best management 31 practices or other measures used to achieve water quality 2 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 standards in surface waters and water segments identified 2 pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 3 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best 4 management practices and other measures may include cost-share 5 grants, technical assistance, implementation tracking, and 6 conservation leases or other agreements for water quality 7 improvement. The Department of Environmental Protection and 8 the Department of Agriculture and Consumer Services may adopt 9 rules governing the distribution of funds for implementation 10 of best management practices. The unobligated balance of funds 11 received from the distribution of taxes collected under this 12 chapter to address water quality impacts associated with 13 nonagricultural nonpoint sources will be excluded when 14 calculating the unobligated balance of the Water Quality 15 Assurance Trust Fund as it relates to the determination of the 16 applicable excise tax rate. 17 Section 2. Section 215.6197, Florida Statutes, is 18 created to read: 19 215.6197 Bonds for Water Protection and Sustainability 20 Program.-- 21 (1) The issuance of water protection and 22 sustainability bonds is authorized. The water protection and 23 sustainability bonds may be issued over the next 10 fiscal 24 years commencing on July 1, 2005, in an amount not exceeding 25 $500 million in any fiscal year, subject to s. 403.890 and s. 26 11(e), Art. VII of the State Constitution. The duration of 27 each series of bonds issued may not exceed 20 annual 28 maturities. Except for refunding bonds, a series of bonds may 29 not be issued unless an amount equal to the debt service 30 coming due in the year of issuance has been specifically 31 appropriated in the General Appropriations Act. 3 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 (2) The state covenants with the holders of water 2 protection and sustainability bonds that it will not take any 3 action that will materially and adversely affect the rights of 4 such holders so long as the bonds are outstanding, including, 5 but not limited to, a reduction in the portion of documentary 6 stamp taxes distributable to the Water Protection and 7 Sustainability Program Trust Fund of the Department of 8 Environmental Protection for payment of debt service. 9 (3) Bonds issued under this section shall be payable 10 from taxes distributable to the Water Protection and 11 Sustainability Program Trust Fund of the Department of 12 Environmental Protection under s. 201.15(1)(d). Bonds issued 13 under this section do not constitute a general obligation of, 14 or a pledge of the full faith and credit of, the state. 15 (4) The Department of Environmental Protection shall 16 request the Division of Bond Finance of the State Board of 17 Administration to issue the water protection and 18 sustainability bonds authorized by this section. The Division 19 of Bond Finance shall issue such bonds pursuant to the State 20 Bond Act. 21 (5) The proceeds from the sale of bonds issued under 22 this section, less the costs of issuance, the costs of funding 23 reserve accounts, and other costs with respect to the bonds, 24 shall be deposited into the Water Protection and 25 Sustainability Program Trust Fund of the Department of 26 Environmental Protection as provided in s. 403.890. 27 (6) The sale, disposition, lease, easement, license, 28 or other use of any land, water areas, or related property 29 interests acquired or improved with proceeds of water 30 protection and sustainability bonds which would cause all or 31 any portion of the interest of such bonds to lose the 4 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 exclusion from gross income for federal income tax purposes is 2 prohibited. 3 (7) The initial series of water protection and 4 sustainability bonds shall be validated in addition to any 5 other bonds required to be validated under s. 215.82. Any 6 complaint for validation of bonds issued under this section 7 shall be filed only in the circuit court of the county where 8 the seat of state government is situated, the notice required 9 to be published by s. 75.06 shall be published only in the 10 county where the complaint is filed, and the complaint and 11 order of the circuit court shall be served only on the state 12 attorney of the circuit in which the action is pending. 13 Section 3. In accordance with section 215.98(1), 14 Florida Statutes, the Legislature determines that the issuance 15 of water protection and sustainability bonds under section 2 16 of this act is in the best interest of the state and should be 17 implemented. 18 Section 4. Section 373.196, Florida Statutes, is 19 amended to read: 20 373.196 Water Supply Development; Alternative Water 21 Supply Development Legislative findings.-- 22 (1) The purpose of this section is to encourage 23 cooperation in the development of water supplies and to 24 provide for alternative water supply development. 25 (a) Demands on natural supplies of fresh water to 26 meet the needs of a rapidly growing population, and the needs 27 of the environment, agriculture, industry, and mining will 28 continue to increase. 29 (b) There is a need for the development of alternative 30 water supplies for Florida to sustain its economic growth and 31 viability. The development of alternative water supplies will 5 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 benefit the environment by reducing the impacts of consumptive 2 uses on traditional groundwater sources. 3 (c) Alternative water supply development must receive 4 priority funding attention to increase the available supplies 5 of water to meet all existing and future reasonable-beneficial 6 uses and to benefit the natural systems. 7 (d) Cooperation between counties, municipalities, 8 special districts, and publicly owned or privately owned water 9 utilities in the development of county-wide and multi-county 10 wide alternative water supply projects will allow for 11 necessary economies of scale and efficiencies to be achieved 12 in order to accelerate the development of new, dependable, and 13 sustainable alternative water supplies. 14 (e) It is in the public interest that municipal, 15 industrial, agriculture, and other public and private water 16 users, the Department of Environmental Protection and the 17 water management districts cooperate and work together in the 18 development of alternative water supplies to avoid the adverse 19 effects of competition for limited supplies of water. Public 20 moneys or services provided to private entities for 21 alternative water supply development may constitute public 22 purposes which also are in the public interest. 23 (f) The primary roles of the water management 24 districts in water supply development shall be: 25 1. The formulation, development and implementation of 26 regional water supply management strategies and programs; 27 2. The collection and evaluation of surface water and 28 groundwater data; 29 3. The construction, operation and maintenance of 30 major public works facilities for flood control, above ground 31 and below ground water storage, and groundwater recharge 6 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 augmentation; 2 4. Planning for regional water supply development in 3 conjunction with local governments, regional water supply 4 authorities, special districts, and publicly owned and 5 privately owned water utilities; 6 5. The construction, operation, and maintenance of 7 structural and nonstructural projects; and 8 6. The provision of technical and financial assistance 9 to local and regional water utilities for alternative water 10 supply projects. 11 (g) The primary roles of local government, regional 12 water supply authorities, special districts, and publicly 13 owned or privately owned water utilities in water supply 14 development shall be: 15 1. The planning, design, construction, operation, and 16 maintenance of water supply development projects, including 17 alternative water supply development projects; 18 2. The formulation, development and implementation of 19 water supply development and alternative water supply 20 development strategies, programs, and projects; 21 3. The planning, design, construction, operation, and 22 maintenance of facilities to collect, divert, produce, treat, 23 transmit, and distribute water for sale, resale, or end-use; 24 and 25 4. The coordination of water supply development and 26 alternative water supply development activities with the 27 appropriate water management district having jurisdiction over 28 the activity. 29 (h) Cooperative efforts between municipalities, 30 counties, special districts, water management districts, and 31 the Department of Environmental Protection are mandatory in 7 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 order to meet the water needs of rapidly urbanizing areas in a 2 manner which will supply adequate and dependable supplies of 3 water where needed without resulting in adverse effects upon 4 the areas from whence such water is withdrawn. Such efforts 5 should utilize all practical means of obtaining water, 6 including, but not limited to, withdrawals of surface water 7 and groundwater, reuse, recycling of waste water, and 8 desalinization, and will necessitate not only cooperation but 9 also well-coordinated activities. Municipalities, counties, 10 and special districts are encouraged to create regional water 11 supply authorities as authorized in s. 373.1962. The purpose 12 of this act is to provide additional statutory authority for 13 such cooperative and coordinated efforts. 14 (2) Municipalities and counties are encouraged to 15 create regional water supply authorities as authorized herein. 16 It is further the intent that municipalities, counties, and 17 regional water supply authorities are to have the primary 18 responsibility for water supply, and water management 19 districts and their basin boards are to engage only in those 20 functions that are incidental to the exercise of their flood 21 control and water management powers or that are related to 22 water resource development pursuant to s. 373.0831. 23 (i)(3) Nothing herein shall be construed to preclude 24 the various special districts, municipalities, and counties 25 from continuing to operate existing water production and 26 transmission facilities or to enter into cooperative 27 agreements with other special districts, municipalities, and 28 counties for the purpose of meeting their respective needs for 29 dependable and adequate supplies of water, provided the 30 obtaining of water through such operations shall not be done 31 in a manner which results in adverse effects upon the areas 8 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 from whence such water is withdrawn. 2 (2)(a) Sufficient water must be available for all 3 existing and future reasonable-beneficial uses and the natural 4 systems, and the adverse effects of competition for water 5 supplies must be avoided. 6 (b) Water supply development and alternative water 7 supply development must be conducted in coordination with 8 water management district regional water supply planning. 9 (c) Funding for the development of alternative water 10 supplies shall be a shared responsibility of the state of 11 Florida, the water management districts and local water 12 suppliers. The development of alternative water supplies will 13 benefit both water consumers and the environment and will 14 avoid the negative impacts of competition for a limited 15 resource. 16 (3)(a) The Legislature shall identify a recurring and 17 dedicated source of statewide funds to provide economic 18 incentives to water management districts and local water 19 suppliers to support and promote water supply development 20 including the development of alternative water supplies. As 21 used in this section, "local water suppliers" means a 22 municipality, county, special district, water supply 23 authority, and a publicly owned or privately owned water 24 utility. 25 (b) By January 1, 2006, each water management district 26 shall develop a financially feasible plan to provide economic 27 incentives for alternative water supply development, including 28 allocating a portion of each annual budget to provide 29 financial assistance for the capital cost of any alternative 30 water supply development project to eligible local 31 governments, publicly owned or privately owned water 9 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 utilities, regional water supply authorities, special 2 districts, industrial and agriculture water users, and other 3 public and private water users. At a minimum, the plan shall 4 include a strategy for providing, on an annual basis, no less 5 than 30 percent of the water management district's allocation 6 pursuant to s. 373.1961. By February 1, 2006, each water 7 management district must submit a copy of the economic 8 incentives plan to the Governor, the President of the Senate, 9 the Speaker of the House of Representatives, and the 10 appropriate substantive legislative committees. 11 (c) State funds made available for alternative water 12 supply development as provided in the Water Protection and 13 Sustainability Funding program created in s. 403.890, and 14 financial assistance for alternative water supply development 15 provided by a water management district pursuant to paragraph 16 (b) shall be made available to local governments, publicly 17 owned or privately owned water utilities, regional water 18 supply authorities, special districts, industrial and 19 agricultural water users, and other public and private water 20 users under a water management district grant program created 21 in s. 373.1961(4). 22 Section 5. Section 373.1961, Florida Statutes, is 23 amended to read: 24 373.1961 Water production; general powers and duties; 25 identification of needs; funding criteria; economic 26 incentives; reuse funding.-- 27 (1) GENERAL POWERS AND DUTIES.--In the performance of, 28 and in conjunction with, its other powers and duties, the 29 governing board of a water management district existing 30 pursuant to this chapter: 31 (a) Shall engage in planning to assist counties, 10 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 municipalities, special districts, publicly owned and 2 privately owned water private utilities, or regional water 3 supply authorities in meeting water supply needs in such 4 manner as will give priority to encouraging conservation and 5 reducing adverse environmental effects of improper or 6 excessive withdrawals of water from concentrated areas. As 7 used in this section and s. 373.196, regional water supply 8 authorities are regional water authorities created under s. 9 373.1962 or other laws of this state. 10 (b) Shall assist counties, municipalities, special 11 districts, publicly owned or privately owned water private 12 utilities, or regional water supply authorities in meeting 13 water supply needs in such manner as will give priority to 14 encouraging conservation and reducing adverse environmental 15 effects of improper or excessive withdrawals of water from 16 concentrated 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, or regional water supply authorities. The 22 permit required by part II of this chapter for a water 23 management district engaged in water production and 24 transmission shall be granted, denied, or granted with 25 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 supply adequately the reasonable and beneficial needs of the 11 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 county or any of the inhabitants or property owners therein. 2 (f) May provide water and financial assistance to 3 regional water supply authorities, but may not provide water 4 to counties and municipalities which are located within the 5 area of such authority without the specific approval of the 6 authority or, in the event of the authority's disapproval, the 7 approval of the Governor and Cabinet sitting as the Land and 8 Water Adjudicatory Commission. The district may supply water 9 at rates and upon terms mutually agreed to by the parties or, 10 if they do not agree, as set by the governing board and 11 specifically approved by the Governor and Cabinet sitting as 12 the Land and Water Adjudicatory Commission. 13 (g) May acquire title to such interest as is necessary 14 in real property, by purchase, gift, devise, lease, eminent 15 domain, or otherwise, for water production and transmission 16 consistent with this section and section 373.196. However, the 17 district shall not use any of the eminent domain powers herein 18 granted to acquire water and water rights already devoted to 19 reasonable and beneficial use or any water production or 20 transmission facilities owned by any county, municipality, 21 special districts, or regional water supply authority. The 22 district may exercise eminent domain powers outside of its 23 district boundaries for the acquisition of pumpage facilities, 24 storage areas, transmission facilities, and the normal 25 appurtenances thereto, provided that at least 45 days prior to 26 the exercise of eminent domain, the district notifies the 27 district where the property is located after public notice and 28 the district where the property is located does not object 29 within 45 days after notification of such exercise of eminent 30 domain authority. 31 (h) In addition to the power to issue revenue bonds 12 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 pursuant to s. 373.584, may issue revenue bonds for the 2 purposes of paying the costs and expenses incurred in carrying 3 out the purposes of this chapter or refunding obligations of 4 the district issued pursuant to this section. Such revenue 5 bonds shall be secured by, and be payable from, revenues 6 derived from the operation, lease, or use of its water 7 production and transmission facilities and other water-related 8 facilities and from the sale of water or services relating 9 thereto. Such revenue bonds may not be secured by, or be 10 payable from, moneys derived by the district from the Water 11 Management Lands Trust Fund or from ad valorem taxes received 12 by the district. All provisions of s. 373.584 relating to the 13 issuance of revenue bonds which are not inconsistent with this 14 section shall apply to the issuance of revenue bonds pursuant 15 to this section. The district may also issue bond 16 anticipation notes in accordance with the provisions of s. 17 373.584. 18 (i) May join with one or more other water management 19 districts, counties, municipalities, special districts, 20 publicly owned or privately owned water private utilities, or 21 regional water supply authorities for the purpose of carrying 22 out any of its powers, and may contract with such other 23 entities to finance acquisitions, construction, operation, and 24 maintenance. The contract may provide for contributions to be 25 made by each party thereto, for the division and apportionment 26 of the expenses of acquisitions, construction, operation, and 27 maintenance, and for the division and apportionment of the 28 benefits, services, and products therefrom. The contracts may 29 contain other covenants and agreements necessary and 30 appropriate to accomplish their purposes. 31 (2) IDENTIFICATION OF WATER SUPPLY NEEDS IN DISTRICT 13 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 BUDGET.--The water management districts shall implement water 2 supply development responsibilities as expeditiously as 3 possible in areas subject to regional water supply plans. Each 4 district's governing board shall include in its annual budget 5 the amount needed for the fiscal year to implement water 6 supply development projects, as prioritized in its regional 7 water supply plans. 8 (3) GENERAL FUNDING CRITERIA FOR WATER SUPPLY 9 DEVELOPMENT PROJECTS.--Water supply development projects 10 identified pursuant to s. 373.0361(2)(a). which receive state 11 or water management district funding assistance, shall meet 12 one or more of the following criteria: 13 (a) The project supports establishment of a 14 dependable, sustainable supply of water but requires funding 15 assistance to be financially feasible; 16 (b) The project provides substantial environmental 17 benefits by limiting or preventing adverse water resource 18 impacts, but requires funding assistance to be economically 19 competitive with other options; 20 (c) The project significantly implements or develops 21 alternative water supplies as defined in s. 373.1961(4)(a) or 22 conservation of water in a manner that contributes to the 23 sustainability of regional water sources; or 24 (d) The project assists in the replenishment of 25 existing sources to help implement a minimum flow or level or 26 water reservation established pursuant to s. 373.223(4), or 27 provides for an alternative water supply source. 28 (4)(2) ECONOMIC INCENTIVES FOR ALTERNATIVE WATER 29 SUPPLY DEVELOPMENT.The Legislature finds that, due to a 30 combination of factors, vastly increased demands have been 31 placed on natural supplies of fresh water, and that, absent 14 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 increased development of alternative water supplies, such 2 demands may increase in the future. The Legislature also finds 3 that potential exists in the state for the production of 4 significant quantities of alternative water supplies, 5 including reclaimed water, and that water production includes 6 the development of alternative water supplies, including 7 reclaimed water, for appropriate uses. It is the intent of the 8 Legislature that utilities develop reclaimed water systems, 9 where reclaimed water is the most appropriate alternative 10 water supply option, to deliver reclaimed water to as many 11 users as possible through the most cost-effective means, and 12 to construct reclaimed water system infrastructure to their 13 owned or operated properties and facilities where they have 14 reclamation capability. It is also the intent of the 15 Legislature that The water management districts and the state 16 shall which levy ad valorem taxes for water management 17 purposes should share a percentage of those tax and other 18 revenues with water providers and users, including local 19 governments, water, wastewater, and reuse utilities, 20 municipal, special district, industrial, and agricultural 21 water users, and other public and private water users, to be 22 used to supplement other funding sources in the development of 23 alternative water supplies. The Legislature finds that public 24 moneys or services provided to private entities for such uses 25 constitute public purposes which are in the public interest. 26 In order to further the development and use of alternative 27 water supply systems, including reclaimed water systems, the 28 Legislature provides the following: 29 (a) For the purposes of this subsection, "alternative 30 water supplies" includes but is not limited to water that has 31 been reclaimed after one or more public supply, municipal, 15 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 industrial, commercial, or agricultural uses; stormwater, 2 brackish water, or saltwater; sources made more efficient 3 through the interconnection of separate utility and other 4 water supply systems; sources made available through enhanced 5 storage capacity such as groundwater augmentation, aquifer 6 storage and recover, and surface water reservoirs; and any 7 other non-traditional source of water supply that has been 8 treated in accordance with applicable rules and standards 9 sufficient to meet the intended use. 10 (b) Where sufficient data establishes that one or more 11 alternative water supply projects are necessary to meet the 12 existing and future reasonable-beneficial uses within a water 13 supply planning region identified in a district water 14 management plan, the district must: 15 1. Identify alternative water supply project options; 16 2. Quantify the sources of alternative water supplies 17 which can be made available by the projects within the 18 planning region; 19 3. Perform an assessment of the alternative water 20 supply project's technical feasibility, ability to be 21 permitted, and the estimated cost of the various project 22 options for developing alternative water supplies; and 23 4. Conduct one of more public workshops within the 24 water supply planning region for the purpose of receiving 25 public input on the district's findings and recommendations. 26 (c) Beginning in fiscal year 2005-2006, the state 27 shall annually provide a portion of those revenues received 28 from the sale of bonds authorized in s. 215.6197, for the 29 purpose of providing funding for the development of 30 alternative water supplies. At the beginning of each fiscal 31 year, beginning with fiscal year 2005-2006, such revenues 16 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 shall be distributed by the department into the alternative 2 water supply trust fund accounts created by each district for 3 the purpose of alternative supply development under the 4 following funding formula: 5 1. Forty percent to the South Florida Water Management 6 District, 7 2. Twenty-five percent to the Southwest Florida Water 8 Management District, 9 3. Twenty-five percent to the St. Johns River Water 10 Management District, 11 4. Five percent to the Suwannee River Water Management 12 District, and 13 5. Five percent to the Northwest Florida Water 14 Management District. 15 (d) The financial assistance for alternative water 16 supply development contained in each district's economic 17 incentives plan as required in s. 373.196(3) shall be 18 deposited along with the state funds into an alternative water 19 supply trust account created by each district and used to fund 20 the local capital costs of alternative water supply projects 21 approved pursuant to this section. For purposes of this 22 section, "capital costs" means planning, design, engineering, 23 and project construction costs, as well as legal, 24 administrative, and permitting costs. 25 (e) All funds provided by the state for the purpose of 26 funding alternative water supply grants, shall, at a minimum, 27 require a fifty percent match by the water management 28 districts and grant applicant. (a) The governing boards of 29 the water management districts where water resource caution 30 areas have been designated shall include in their annual 31 budgets an amount for the development of alternative water 17 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 supply systems, including reclaimed water systems, pursuant to 2 the requirements of this subsection. Beginning in 1996, such 3 amounts shall be made available to water providers and users 4 no later than December 31 of each year, through grants, 5 matching grants, revolving loans, or the use of district lands 6 or facilities pursuant to the requirements of this subsection 7 and guidelines established by the districts. In making grants 8 or loans, funding priority must be given to projects in 9 accordance with s. 373.0831(4). 10 (f) Without diminishing amounts available through 11 other means described in this paragraph, the governing boards 12 are encouraged to consider establishing revolving loan funds 13 to expand the total funds available to accomplish the 14 objectives of this section. A revolving loan fund created 15 under this paragraph must be a nonlapsing fund from which the 16 water management district may make loans with interest rates 17 below prevailing market rates to public or private entities 18 for the purposes described in this section. The governing 19 board may adopt resolutions to establish revolving loan funds 20 which must specify the details of the administration of the 21 fund, the procedures for applying for loans from the fund, the 22 criteria for awarding loans from the fund, the initial 23 capitalization of the fund, and the goals for future 24 capitalization of the fund in subsequent budget years. 25 Revolving loan funds created under this paragraph must be used 26 to expand the total sums and sources of cooperative funding 27 available for the development of alternative water supplies. 28 The Legislature does not intend for the creation of revolving 29 loan funds to supplant or otherwise reduce existing sources or 30 amounts of funds currently available through other means. 31 (g) For each utility which receives state or water 18 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 management district financial assistance for alternative water 2 supply development projects, the appropriate rate-setting 3 authority must develop rate structures for all water, 4 wastewater, and other alternative water facilities in the 5 service area of the utility receiving assistance. Rate 6 structures must: 7 1. Promote the development of alternative water supply 8 systems; 9 2. Promote the conservation of groundwater withdrawn 10 from natural systems; 11 3. Appropriately distribute costs among all the users 12 of water, wastewater, and alternative water supplies within 13 the service area; and 14 4. Prohibit rate discrimination within classes of 15 utility users. 16 (b) It is the intent of the Legislature that for each 17 reclaimed water utility, or any other utility, which receives 18 funds pursuant to this subsection, the appropriate 19 rate-setting authorities should develop rate structures for 20 all water, wastewater, and reclaimed water and other 21 alternative water supply utilities in the service area of the 22 funded utility, which accomplish the following: 23 1. Provide meaningful progress toward the development 24 and implementation of alternative water supply systems, 25 including reclaimed water systems; 26 2. Promote the conservation of fresh water withdrawn 27 from natural systems; 28 3. Provide for an appropriate distribution of costs 29 for all water, wastewater, and alternative water supply 30 utilities, including reclaimed water utilities, among all of 31 the users of those utilities; and 19 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 4. Prohibit rate discrimination within classes of 2 utility users. 3 (c) Funding assistance provided by the water 4 management districts for a water reuse system project may 5 include the following grant or loan conditions for that 6 project if the water management district determines that such 7 conditions will encourage water use efficiency: 8 1. Metering of reclaimed water use for the following 9 activities: residential irrigation, agricultural irrigation, 10 industrial uses except for electric utilities as defined in s. 11 366.02(2), landscape irrigation, irrigation of other public 12 access areas, commercial and institutional uses such as toilet 13 flushing, and transfers to other reclaimed water utilities. 14 2. Implementation of reclaimed water rate structures 15 based on actual use of reclaimed water for the types of reuse 16 activities listed in subparagraph 1. 17 3. Implementation of education programs to inform the 18 public about water issues, water conservation, and the 19 importance and proper use of reclaimed water. 20 4. Development of location data for key reuse 21 facilities. 22 (d) In order to be eligible for funding pursuant to 23 this subsection, a project must be consistent with a local 24 government comprehensive plan and the governing body of the 25 local government must require all appropriate new facilities 26 within the project's service area to connect to and use the 27 project's alternative water supplies. The appropriate local 28 government must provide written notification to the 29 appropriate district that the proposed project is consistent 30 with the local government comprehensive plan. 31 (h)(e)Any and all revenues disbursed pursuant to this 20 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 subsection shall be applied only for the payment of capital 2 costs for alternative water supply projects which contribute 3 to meeting the existing and future reasonable-beneficial uses 4 identified within a regional water supply plan. or 5 infrastructure costs for the construction of alternative water 6 supply systems that provide alternative water supplies. 7 (i)1.(f) By January 1 of each year, The governing 8 boards shall establish an application process and a deadline 9 for filing applications annually make available written 10 guidelines for the disbursal of revenues pursuant to this 11 subsection. Such guidelines shall include at minimum: 12 1. An application process and a deadline for filing 13 applications annually. 14 2. A process for determining project eligibility 15 pursuant to the requirements of paragraphs (d) and (e). 16 3. A process and criteria for funding projects 17 pursuant to this subsection that cross district boundaries or 18 that serve more than one district. 19 2.(g) The governing board of each water management 20 district also shall establish an alternative water supplies 21 grants advisory committee to recommend to the governing board 22 projects for funding pursuant to this subsection. The advisory 23 committee members shall include, but not be limited to, one or 24 more representatives of county, municipal, special district, 25 and investor-owned private utilities, and may include, but not 26 be limited to, representatives of agricultural interests and 27 environmental interests. Each committee member shall represent 28 his or her interest group as a whole and shall not represent 29 any specific entity. the committee shall apply the guidelines 30 and project eligibility criteria established by the governing 31 board in reviewing proposed projects. 21 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 (j) After one or more hearings to solicit public input 2 on eligible projects, the alternative water supply grants 3 advisory committee shall rank and recommend alternative water 4 supply projects for grant funding based upon the project being 5 identified or listed as an option in the regional water supply 6 plan pursuant to s. 373.0361(2)(a) and by balancing the 7 following criteria: 8 1. Projects that are most cost-effective; 9 2. Projects serving a larger number of local 10 governments pursuant to the terms of an interlocal agreement, 11 especially those projects that interconnect separate utility 12 systems, share a uniform production cost and a uniform per 13 gallon or blended wholesale rate, or otherwise result in the 14 most cost-effective system of production for the most users 15 whereby the cost of the water produced to service a number of 16 local providers is less than the costs incurred by producing 17 water through separate supply systems for separate local 18 providers; 19 3. Projects where local governments match a higher 20 percentage of the capital costs of the projects; 21 4. Projects serving those local governments with the 22 lower per capita use of potable water; 23 5. Projects that reduce the consumption of traditional 24 supplies for the benefit of the natural system or other 25 economic uses; 26 6. Projects that supplement an existing supply or 27 traditional source that has been reduced for existing and 28 future reasonable-beneficial uses by the adoption of a minimum 29 flow or level pursuant to s. 373.042 or a water reservation 30 established pursuant to s. 373.223(4); 31 7. Projects that reduce competition between existing 22 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 and future users; 2 8. Projects that are included in a county-wide or 3 geographically larger water supply development plan, and 4 9. Projects where the applicant has established a 5 goal-based water conservation program as required in s. 6 373.227 and is demonstrating measurable progress towards 7 achieving conservation goals. 8 10. Projects in which the construction and delivery to 9 end-users of reuse water is a major component. 10 (k) Each applicant for a grant pursuant to this 11 section shall provide data that shows the percentage of water 12 system utility revenues reinvested into water projects. The 13 advisory committee shall give priority to those applicants 14 that have the highest percentage of reinvestment. 15 16 The advisory committee shall submit the list of ranked and 17 recommended projects, along with a recommendation for the 18 amount of funding, for final funding approval to the governing 19 board and to be included in the district's annual budget 20 supporting the development of alternative water supplies. The 21 list of ranked and recommended projects may contain more 22 projects than available grant moneys will fund. In approving a 23 project for funding, the governing board must take action on 24 and give great weight to the advisory committee's ranking and 25 recommendation list. the eligible projects and shall submit 26 them to the governing board for final funding approval. The 27 advisory committee may submit to the governing board more 28 projects than the available grant money would fund. 29 (l)(h) All revenues made available annually pursuant 30 to this subsection must be encumbered annually by the 31 governing board if it approves projects sufficient to expend 23 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 the available revenues. Funds must be disbursed within 36 2 months after encumbrance. 3 (i) For purposes of this subsection, alternative water 4 supplies are supplies of water that have been reclaimed after 5 one or more public supply, municipal, industrial, commercial, 6 or agricultural uses, or are supplies of stormwater, or 7 brackish or salt water, that have been treated in accordance 8 with applicable rules and standards sufficient to supply the 9 intended use. 10 (m) (j) This subsection shall not be subject to the 11 rulemaking requirements of chapter 120. 12 (n) (k) By January 30 of each year, each water 13 management district shall submit an annual report to the 14 Governor, the President of the Senate, and the Speaker of the 15 House of Representatives which accounts for the disbursal of 16 all budgeted amounts pursuant to this section subsection. Such 17 report shall describe all alternative water supply projects 18 funded as well as the quantity of new water projects to be 19 created as a result of such projects and shall account 20 separately for any other moneys provided through grants, 21 matching grants, revolving loans, and the use of district 22 lands or facilities to implement regional water supply plans. 23 (o)(l) The Florida Public Service Commission shall 24 allow entities under its jurisdiction constructing or 25 participating in constructing facilities which provide 26 alternative water supplies supply facilities, including but 27 not limited to aquifer storage and recovery wells, to recover 28 the full, prudently incurred cost of such facilities through 29 their rate structure. If construction of a facility or 30 participating in constructing is pursuant to or in furtherance 31 of a regional water supply plan, the cost shall be deemed to 24 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 be prudently incurred. Every component of an alternative water 2 supply facility constructed by an investor-owned utility shall 3 be recovered in current rates. 4 (5) FUNDING FOR REUSE.--Funding assistance provided by 5 the water management districts for a water reuse system may 6 include the following grant or loan conditions for that 7 project if a water management district determines that such 8 conditions will encourage water use efficiency: 9 (a) Metering of reclaimed water use for residential 10 irrigation, agricultural irrigation, industrial uses except 11 for electric utilities as defined in s. 366.02(2), landscape 12 irrigation, golf course irrigation, irrigation of other public 13 access areas, commercial and institutional uses such as toilet 14 flushing, and transfers to other reclaimed water utilities; 15 (b) Implementation of reclaimed water rate structures 16 based on actual use of reclaimed water for the reuse 17 activities listed in paragraph (a); 18 (c) Implementation of education programs to inform the 19 public about water issues, water conservation, and the 20 importance and proper use of reclaimed water; or 21 (d) Development of location data for key reuse 22 facilities. 23 Section 6. Subsections (1) and (5) of section 24 373.1962, Florida Statutes, are amended to read: 25 373.1962 Regional water supply authorities.-- 26 (1) By interlocal agreement between counties, 27 municipalities, or special districts as applicable agreement 28 between local governmental units created or existing pursuant 29 to the provisions of Art. VIII of the State Constitution, 30 pursuant to the Florida Interlocal Cooperation Act of 1969, s. 31 163.01, and upon the approval of the Secretary of 25 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 Environmental Protection to ensure that such agreement will be 2 in the public interest and complies with the intent and 3 purposes of this act, regional water supply authorities may be 4 created for the purpose of developing, recovering, storing, 5 and supplying water for county or municipal purposes in such a 6 manner as will give priority to reducing adverse environmental 7 effects of excessive or improper withdrawals of water from 8 concentrated areas. In approving said agreement the Secretary 9 of Environmental Protection shall consider, but not be limited 10 to, the following: 11 (a) Whether the geographic territory of the proposed 12 authority is of sufficient size and character to reduce the 13 environmental effects of improper or excessive withdrawals of 14 water from concentrated areas. 15 (b) The maximization of economic development of the 16 water resources within the territory of the proposed 17 authority. 18 (c) The availability of a dependable and adequate 19 water supply. 20 (d) The ability of any proposed authority to design, 21 construct, operate, and maintain water supply facilities in 22 the locations, and at the times necessary, to ensure that an 23 adequate water supply will be available to all citizens within 24 the authority. 25 (e) The effect or impact of any proposed authority on 26 any municipality, county, or existing authority or 27 authorities. 28 (f) The existing needs of the water users within the 29 area of the authority. 30 (5) Each county, special district, or municipality 31 which is a party to an agreement pursuant to subsection (1) 26 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 shall have a preferential right to purchase water from the 2 regional water supply authority for use by such county, 3 special district, or municipality. 4 Section 7. Subsection (5) of section 373.223, Florida 5 Statutes, is amended to read: 6 373.223 Conditions for a permit.-- 7 (5) In the event that a local or regional water supply 8 utility, water supply authority, or other multi-jurisdictional 9 entity as defined in s 373.0361(3), demonstrates the ability 10 to design, construct, operate, and maintain one or more 11 alternative water supply projects identified by the district 12 pursuant to s. 373.1961(4), or in the event that more than one 13 water utility organizes for the purpose of developing an 14 alternative water supply project as defined in s. 15 373.1961(4), the appropriate entity shall be presumed to have 16 a use consistent with the public interest pursuant to the 17 requirements of subsection (1). 18 Section 8. Subsection (4) is added to section 373.236, 19 Florida Statutes, to read: 20 373.236 Duration of permits; compliance reports.-- 21 (4) Permits approved for development of alternative 22 water supplies shall be granted for a term of at least 20 23 years, and up to such period of time as may be required for 24 the retirement of bonds for the construction of facilities 25 which provide alternative water supplies. 26 Section 9. Present subsections (2), (3), and (4) of 27 section 373.459, Florida Statutes, are redesignated as 28 subsections (3), (4), and (5), and a new subsection (2) is 29 added to that section to read: 30 373.459 Funds for surface water improvement and 31 management.-- 27 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 (2) All entities receiving state funding for the 2 implementation of programs specified in ss. 373.451-373.459, 3 including water management districts, federal, local, and 4 regional agencies, universities, and non-profit or private 5 organizations, shall provide a fifty percent match in cash or 6 in-kind services towards the implementation of the specific 7 project for which it is contracting. 8 Section 10. Paragraph (c) of subsection (6) of section 9 163.3177, Florida Statutes, is amended to read: 10 163.3177 Required and optional elements of 11 comprehensive plan; studies and surveys.-- 12 (6) In addition to the requirements of subsections 13 (1)-(5), the comprehensive plan shall include the following 14 elements: 15 (c) A general sanitary sewer, solid waste, drainage, 16 potable water, and natural groundwater aquifer recharge 17 element correlated to principles and guidelines for future 18 land use, indicating ways to provide for future potable water, 19 drainage, sanitary sewer, solid waste, and aquifer recharge 20 protection requirements for the area. The element may be a 21 detailed engineering plan including a topographic map 22 depicting areas of prime groundwater recharge. The element 23 shall describe the problems and needs and the general 24 facilities that will be required for solution of the problems 25 and needs. The element shall also include a topographic map 26 depicting any areas adopted by a regional water management 27 district as prime groundwater recharge areas for the Floridan 28 or Biscayne aquifers, pursuant to s. 373.0395. These areas 29 shall be given special consideration when the local government 30 is engaged in zoning or considering future land use for said 31 designated areas. For areas served by septic tanks, soil 28 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 surveys shall be provided which indicate the suitability of 2 soils for septic tanks. By December 1, 2006, the element must 3 be consistent with consider the appropriate water management 4 district's regional water supply plan approved pursuant to s. 5 373.0361. If the local government chooses to prepare its own 6 water supply analysis, it shall submit a description of the 7 data and methodology utilized to generate the analysis to the 8 department with its plan when the plan is due for compliance 9 review unless it has submitted it for advance review. The 10 department will evaluate the application of the methodology 11 utilized by a local government in preparing its own water 12 supply analysis and determine whether the particular 13 methodology is professionally accepted. The department shall 14 provide its findings to the local government within sixty 15 days. The department shall be guided by the applicable water 16 management district in its review of any methodology proposed 17 by a local government. The element must identify the water 18 supply sources, including conservation and reuse, necessary to 19 meet existing and projected water use demand and include a 20 work plan, covering the comprehensive plan's established at 21 least a 10-year planning period, for building public, private 22 and regional water supply facilities, including development of 23 alternative water supplies, that are identified in the element 24 as necessary to serve existing and new development and for 25 which the local government is responsible. The work plan shall 26 be updated, at a minimum, every 5 years within 12 months after 27 the governing board of a water management district approves an 28 updated regional water supply plan. Local governments, public 29 and private utilities, regional water supply authorities and 30 water management districts are encouraged to cooperatively 31 plan for the development of multi-jurisdictional water supply 29 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 facilities sufficient to meet projected demands for 2 established planning periods, including the development of 3 alternative water sources to supplement traditional sources of 4 ground and surface water supplies. Amendments to incorporate 5 the work plan do not count toward the limitation on the 6 frequency of adoption of amendments to the comprehensive plan. 7 Section 11. Subsections (6), (7), (8), and (11) of 8 section 403.067, Florida Statutes, are amended to read: 9 403.067 Establishment and implementation of total 10 maximum daily loads.-- 11 (6) CALCULATION AND ALLOCATION.-- 12 (a) Calculation of total maximum daily load. 13 1. Prior to developing a total maximum daily load 14 calculation for each water body or water body segment on the 15 list specified in subsection (4), the department shall 16 coordinate with applicable local governments, water management 17 districts, the Department of Agriculture and Consumer 18 Services, other appropriate state agencies, local soil and 19 water conservation districts, environmental groups, regulated 20 interests, and affected pollution sources to determine the 21 information required, accepted methods of data collection and 22 analysis, and quality control/quality assurance requirements. 23 The analysis may include mathematical water quality modeling 24 using approved procedures and methods. 25 2. The department shall develop total maximum daily 26 load calculations for each water body or water body segment on 27 the list described in subsection (4) according to the priority 28 ranking and schedule unless the impairment of such waters is 29 due solely to activities other than point and nonpoint sources 30 of pollution. For waters determined to be impaired due solely 31 to factors other than point and nonpoint sources of pollution, 30 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 no total maximum daily load will be required. A total maximum 2 daily load may be required for those waters that are impaired 3 predominantly due to activities other than point and nonpoint 4 sources. The total maximum daily load calculation shall 5 establish the amount of a pollutant that a water body or water 6 body segment may receive from all sources without exceeding 7 water quality standards, and shall account for seasonal 8 variations and include a margin of safety that takes into 9 account any lack of knowledge concerning the relationship 10 between effluent limitations and water quality. The total 11 maximum daily load may be based on a pollutant load reduction 12 goal developed by a water management district, provided that 13 such pollutant load reduction goal is promulgated by the 14 department in accordance with the procedural and substantive 15 requirements of this subsection. 16 (b) Allocation of total maximum daily loads.--The 17 total maximum daily loads shall include establishment of 18 reasonable and equitable allocations of the total maximum 19 daily load between or among point and nonpoint sources that 20 will alone, or in conjunction with other management and 21 restoration activities, provide for the attainment of the 22 pollutant reductions established pursuant to paragraph (a) to 23 restore the designated uses water quality standards and the 24 restoration of impaired waters. The allocations may establish 25 the maximum amount of the water pollutant from a given source 26 or category of sources that may be discharged or released into 27 the water body or water body segment in combination with other 28 discharges or releases. Allocations may also be made to 29 individual basins and sources or as a whole to all basins and 30 sources or categories of sources of inflow to the water body 31 or water body segments. A preliminary allocation of allowable 31 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 pollutant loads between or among point and nonpoint sources 2 may be developed as part of the total maximum daily load. 3 However, in such cases, the final allocation to specific point 4 sources and specific categories of nonpoint sources shall be 5 established in the basin management action plan pursuant to 6 subsection (7). The preliminary and final allocations shall be 7 designed to attain the pollutant reductions established 8 pursuant to paragraph (a) water quality standards and shall be 9 based on consideration of the following: 10 1. Existing treatment levels and management practices; 11 2. Best management practices established and 12 implemented pursuant to paragraph (7)(c); 13 3. Enforceable treatment levels established pursuant 14 to state or local law, or permit; 15 4.2. Differing impacts pollutant sources may have on 16 water quality; 17 5.3. The availability of treatment technologies, 18 management practices, or other pollutant reduction measures; 19 6.4. Environmental, economic, and technological 20 feasibility of achieving the allocation; 21 7.5. The cost benefit associated with achieving the 22 allocation; 23 8.6. Reasonable timeframes for implementation; 24 9.7. Potential applicability of any moderating 25 provisions such as variances, exemptions, and mixing zones; 26 and 27 10.8. The extent to which nonattainment of water 28 quality standards is caused by pollution sources outside of 29 Florida, discharges that have ceased, or alterations to water 30 bodies prior to the date of this act. 31 (c) Not later than February 1, 2001, the department 32 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 shall submit a report to the Governor, the President of the 2 Senate, and the Speaker of the House of Representatives 3 containing recommendations, including draft legislation, for 4 any modifications to the process for allocating total maximum 5 daily loads, including the relationship between allocations 6 and the watershed or basin management planning process. Such 7 recommendations shall be developed by the department in 8 cooperation with a technical advisory committee which includes 9 representatives of affected parties, environmental 10 organizations, water management districts, and other 11 appropriate local, state, and federal government agencies. The 12 technical advisory committee shall also include such members 13 as may be designated by the President of the Senate and the 14 Speaker of the House of Representatives. 15 (c)(d) Adoption of rules.-- The total maximum daily 16 load calculations and allocations established under this 17 subsection for each water body or water body segment shall be 18 adopted by rule by the secretary pursuant to ss. 120.536(1), 19 120.54, and 403.805. Where additional data collection and 20 analysis are needed to increase the scientific precision and 21 accuracy of the total maximum daily load, the department is 22 authorized to adopt phased total maximum daily loads until the 23 additional data is available. The rules adopted pursuant to 24 this paragraph shall not be subject to approval by the 25 Environmental Regulation Commission. As part of the rule 26 development process, the department shall hold at least one 27 public workshop in the vicinity of the water body or water 28 body segment for which the total maximum daily load is being 29 developed. Notice of the public workshop shall be published 30 not less than 5 days nor more than 15 days before the public 31 workshop in a newspaper of general circulation in the county 33 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 or counties containing the water bodies or water body segments 2 for which the total maximum daily load calculation and 3 allocation are being developed. 4 (7) DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS AND 5 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-- 6 (a) Basin Management Action Plans 7 1. In developing and implementing the total maximum 8 daily load for a water body, the department, or the department 9 in conjunction with a water management district, may develop a 10 basin management action plan that addresses some or all of the 11 watersheds and basins tributary to the water body. Such a plan 12 shall integrate the appropriate management strategies to 13 achieve the total maximum daily loads and the restoration of 14 designated uses and shall provide for phased implementation of 15 these management strategies to promote timely, cost-effective 16 actions as provided for in s. 403.151. The plan shall 17 establish a schedule for implementing the management 18 strategies, establish a basis for evaluating the effectiveness 19 of the plan, and identify feasible funding strategies to 20 implement the plan's management strategies. The management 21 strategies may include regional treatment systems or other 22 public works, where appropriate, to achieve the needed 23 pollutant load reductions. 24 2. A basin management action plan shall equitably 25 allocate, pursuant to paragraph (6)(b), pollutant reductions 26 to individual basins, as a whole to all basins, or to each 27 identified point source or category of nonpoint sources, as 28 appropriate. For nonpoint sources for which best management 29 practices have been adopted, the initial requirement specified 30 by the plan shall be those practices developed pursuant to 31 paragraph (c). Where appropriate, the plan may provide 34 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 pollutant-load-reduction credits to dischargers that have 2 implemented management strategies to reduce pollutant loads, 3 including best management practices, prior to the development 4 of the basin management action plan. The plan also shall 5 identify the mechanisms by which potential future sources of 6 pollution will be addressed, whether the future source is a 7 result of the expansion of or increased loading from an 8 existing source, a land use change, a new discharge, or 9 similar circumstances. 10 3. The basin management action planning process is 11 intended to involve the broadest possible range of interested 12 parties, with the objective of encouraging the greatest amount 13 of cooperation and consensus possible. In developing a basin 14 management action plan, the department shall assure that key 15 stakeholders, including but not limited to, applicable local 16 governments, water management districts, the Department of 17 Agriculture and Consumer Services, other appropriate state 18 agencies, local soil and water conservation districts, 19 environmental groups, regulated interests, and affected 20 pollution sources, are invited to participate in the process. 21 The department shall hold at least one public meeting in the 22 vicinity of the watershed or basin to discuss and receive 23 comments during the planning process and shall otherwise 24 encourage public participation to the greatest practical 25 extent. Notice of the public meeting shall be published in a 26 newspaper of general circulation in each county in which the 27 watershed or basin lies not less than 5 days nor more than 15 28 days before the public meeting. A basin management action plan 29 shall not supplant or otherwise alter any assessment made 30 under subsections (3) or (4), or any calculation or 31 preliminary allocation made under subsection (6) except 35 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 through rulemaking. 2 4. The department shall adopt all or any part of a 3 basin management action plan by secretarial order pursuant to 4 chapter 120 to implement the provisions of this subsection. If 5 a basin management action plan alters the calculation or 6 preliminary allocation made under subsection (6), the revised 7 calculation or final allocation shall be adopted by rule. 8 5. The basin management action plan shall be evaluated 9 on a periodic basis to determine whether its management 10 strategies are leading to pollutant load reductions in a 11 timely manner and whether revisions are needed to achieve the 12 pollutant load reductions specified in the adopted total 13 maximum daily load calculation or allocation. Revisions to the 14 basin management action plan shall be made by the department 15 in cooperation with basin stakeholders. Revisions to the 16 management strategies required for nonpoint sources shall 17 follow the procedures set forth in subparagraph (c)4. Revised 18 basin management action plans shall be adopted pursuant to 19 subparagraph 4.. 20 (b) Total Maximum Daily Load Implementation. 21 1. (a) The department shall be the lead agency in 22 coordinating the implementation of the total maximum daily 23 loads through basin management action plans, and water quality 24 protection programs. Application of a total maximum daily load 25 by a water management district shall be consistent with this 26 section and shall not require the issuance of an order or a 27 separate action pursuant to s. 120.536(1) or s. 120.54 for 28 adoption of the calculation and allocation previously 29 established by the department. Management strategies to 30 achieve the total maximum daily load Such programs may 31 include, but are not limited to: 36 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 a.1. Permitting and other existing regulatory 2 programs; 3 b.2. Nonregulatory and incentive-based programs, 4 including best management practices, cost sharing, waste 5 minimization, pollution prevention, agreements established 6 pursuant to s. 403.061(21), and public education; 7 c.3. Other water quality management and restoration 8 activities, for example surface water improvement and 9 management plans approved by water management districts or 10 watershed or basin management action plans developed pursuant 11 to this subsection; 12 d.4. Pollutant trading or other equitable economically 13 based agreements; 14 e.5. Public works including capital facilities; or 15 f.6. Land acquisition. 16 g. Water quality based effluent limitations. 17 2. For a basin management action plan adopted pursuant 18 to subparagraph(a)4., any management strategies and pollutant 19 reduction requirements associated with a pollutant of concern 20 for which a total maximum daily load was developed, including 21 effluent limits set forth for a discharger subject to NPDES 22 permitting, if any, shall be included, in a timely manner, in 23 subsequent NPDES permits or permit modifications for that 24 discharger. For holders of NPDES municipal separate storm 25 sewer system permits and other stormwater sources, 26 implementation of a total maximum daily load or basin 27 management action plan shall be achieved, to the maximum 28 extent practicable, through the use of best management 29 practices or other management measures. 30 a. The department shall not impose in a NPDES permit 31 additional pollution reduction requirements for a pollutant of 37 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 concern until such time as the total maximum daily load or the 2 basin management action plan is revised, the NPDES permit 3 expires, or the NPDES permit holder modifies its discharge. 4 b. The basin management action plan does not relieve 5 the discharger from any requirement to obtain, renew, or 6 modify a NPDES permit or to abide by other requirements of the 7 permit, including effluent limits and other requirements 8 associated with other pollutants. 9 c. Management strategies set forth in a basin 10 management action plan to be implemented by a discharger 11 subject to permitting by the department shall be completed 12 pursuant to the schedule set forth in the basin management 13 action plan. This implementation schedule may extend beyond 14 the 5-year term of a NPDES permit. 15 d. Management strategies and pollution reduction 16 requirements set forth in a basin management action plan for a 17 specific pollutant of concern shall not be subject to 18 challenge under chapter 120 at the time it is incorporated, in 19 an identical form, into a subsequent NPDES permit or permit 20 modification. 21 e. For non-agricultural pollutant sources not subject 22 to NPDES permitting but permitted pursuant to other state, 23 regional, or local water quality programs, the pollutant 24 reduction actions adopted in a basin management action plan 25 shall be implemented to the maximum extent practicable as part 26 of those permitting programs. 27 f. A nonpoint source discharger included in a basin 28 management action plan may demonstrate compliance with the 29 pollutant reductions established pursuant to paragraph (6) by 30 either implementing the appropriate best management practices 31 established pursuant to paragraph (c) or conducting water 38 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 quality monitoring prescribed by the department or a water 2 management district. 3 g. A nonpoint source discharger included in a basin 4 management action plan may be subject to enforcement action by 5 the department or a water management district based upon the 6 failure to implement the responsibilities set forth in 7 subparagraph f. 8 h. A nonpoint pollutant source discharger included in 9 a basin management action plan shall timely implement the 10 appropriate best management practices established pursuant to 11 paragraph (c) to attain the pollutant reductions established 12 pursuant to paragraph (6)(a). 13 i. A landowner, discharger, or other responsible 14 person who is implementing applicable management strategies 15 specified in an adopted basin management action plan shall not 16 be required by permit, enforcement action, or otherwise to 17 implement additional management strategies to reduce pollutant 18 loads to attain the pollutant reductions pursuant to paragraph 19 (6)(a), and shall be deemed to be in compliance with this 20 section. This subparagraph does not limit the authority of the 21 department to amend a basin management action plan as 22 specified in subparagraph (a)5. 23 (b) In developing and implementing the total maximum 24 daily load for a water body, the department, or the department 25 in conjunction with a water management district, may develop a 26 watershed or basin management plan that addresses some or all 27 of the watersheds and basins tributary to the water body. 28 These plans will serve to fully integrate the management 29 strategies available to the state for the purpose of 30 implementing the total maximum daily loads and achieving water 31 quality restoration. The watershed or basin management 39 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 planning process is intended to involve the broadest possible 2 range of interested parties, with the objective of encouraging 3 the greatest amount of cooperation and consensus possible. The 4 department or water management district shall hold at least 5 one public meeting in the vicinity of the watershed or basin 6 to discuss and receive comments during the planning process 7 and shall otherwise encourage public participation to the 8 greatest practical extent. Notice of the public meeting shall 9 be published in a newspaper of general circulation in each 10 county in which the watershed or basin lies not less than 5 11 days nor more than 15 days before the public meeting. A 12 watershed or basin management plan shall not supplant or 13 otherwise alter any assessment made under s. 403.086(3) and 14 (4), or any calculation or allocation made under s. 15 403.086(6). 16 (c) Best Management Practices. 17 1. The department, in cooperation with the water 18 management districts and other interested parties, as 19 appropriate, may develop suitable interim measures, best 20 management practices, or other measures necessary to achieve 21 the level of pollution reduction established by the department 22 for nonagricultural nonpoint pollutant sources in allocations 23 developed pursuant to subsections (6) and this subsection 24 paragraph (6)(b). These practices and measures may be adopted 25 by rule by the department and the water management districts 26 pursuant to ss. 120.536(1) and 120.54, and where adopted by 27 rule, shall may be implemented by those parties responsible 28 for nonagricultural nonpoint source pollution. pollutant 29 sources and the department and the water management districts 30 shall assist with implementation. Where interim measures, best 31 management practices, or other measures are adopted by rule, 40 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 the effectiveness of such practices in achieving the levels of 2 pollution reduction established in allocations developed by 3 the department pursuant to paragraph (6)(b) shall be verified 4 by the department. Implementation, in accordance with 5 applicable rules, of practices that have been verified by the 6 department to be effective at representative sites shall 7 provide a presumption of compliance with state water quality 8 standards and release from the provisions of s. 376.307(5) for 9 those pollutants addressed by the practices, and the 10 department is not authorized to institute proceedings against 11 the owner of the source of pollution to recover costs or 12 damages associated with the contamination of surface or ground 13 water caused by those pollutants. Such rules shall also 14 incorporate provisions for a notice of intent to implement the 15 practices and a system to assure the implementation of the 16 practices, including recordkeeping requirements. Where water 17 quality problems are detected despite the appropriate 18 implementation, operation, and maintenance of best management 19 practices and other measures according to rules adopted under 20 this paragraph, the department or the water management 21 districts shall institute a reevaluation of the best 22 management practice or other measures. 23 2. (d)1. The Department of Agriculture and Consumer 24 Services may develop and adopt by rule pursuant to ss. 25 120.536(1) and 120.54 suitable interim measures, best 26 management practices, or other measures necessary to achieve 27 the level of pollution reduction established by the department 28 for agricultural pollutant sources in allocations developed 29 pursuant to subsections (6) and this subsection paragraph 30 (6)(b). These practices and measures may be implemented by 31 those parties responsible for agricultural pollutant sources 41 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 and the department, the water management districts, and the 2 Department of Agriculture and Consumer Services shall assist 3 with implementation. Where interim measures, best management 4 practices, or other measures are adopted by rule, the 5 effectiveness of such practices in achieving the levels of 6 pollution reduction established in allocations developed by 7 the department pursuant to paragraph (6)(b) shall be verified 8 by the department. Implementation, in accordance with 9 applicable rules, of practices that have been verified by the 10 department to be effective at representative sites shall 11 provide a presumption of compliance with state water quality 12 standards and release from the provisions of s. 376.307(5) for 13 those pollutants addressed by the practices, and the 14 department is not authorized to institute proceedings against 15 the owner of the source of pollution to recover costs or 16 damages associated with the contamination of surface or ground 17 water caused by those pollutants. In the process of developing 18 and adopting rules for interim measures, best management 19 practices, or other measures, the Department of Agriculture 20 and Consumer Services shall consult with the department, the 21 Department of Health, the water management districts, 22 representatives from affected farming groups, and 23 environmental group representatives. Such rules shall also 24 incorporate provisions for a notice of intent to implement the 25 practices and a system to assure the implementation of the 26 practices, including recordkeeping requirements. Where water 27 quality problems are detected despite the appropriate 28 implementation, operation, and maintenance of best management 29 practices and other measures according to rules adopted under 30 this paragraph, the Department of Agriculture and Consumer 31 Services shall institute a reevaluation of the best management 42 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 practice or other measure. 2 3. Where interim measures, best management practices, 3 or other measures are adopted by rule, the effectiveness of 4 such practices in achieving the levels of pollution reduction 5 established in allocations developed by the department 6 pursuant to subsection (6) and this subsection shall be 7 verified at representative sites by the department. The 8 department shall use best professional judgment in making the 9 initial verification that the best management practices are 10 effective and, where applicable, shall notify the appropriate 11 water management district and the Department of Agriculture 12 and Consumer Services prior to the adoption of a rule proposed 13 pursuant to this paragraph in the event it is unable to make 14 such verification. Implementation, in accordance with rules 15 adopted under this paragraph, of practices that have been 16 initially verified to be effective, or verified to be 17 effective by monitoring at representative sites, by the 18 department, shall provide a presumption of compliance with 19 state water quality standards and release from the provisions 20 of s. 376.307(5) for those pollutants addressed by the 21 practices, and the department is not authorized to institute 22 proceedings against the owner of the source of pollution to 23 recover costs or damages associated with the contamination of 24 surface or ground water caused by those pollutants. 25 4. Where water quality problems are demonstrated in 26 the development or amendment of a basin management action 27 plan, despite the appropriate implementation, operation, and 28 maintenance of best management practices and other measures 29 according to rules adopted under this paragraph, the 30 department, a water management district, or the Department of 31 Agriculture and Consumer Services, shall institute a 43 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 reevaluation of the best management practice or other measure. 2 Should the reevaluation determine that the best management 3 practice or other measure requires modification, the 4 department, a water management district, or the Department of 5 Agriculture and Consumer Services, as appropriate, shall 6 revise the rule to require implementation of the modified 7 practice within a reasonable time period as specified in the 8 rule. 9 5. 2. Individual agricultural records relating to 10 processes or methods of production, or relating to costs of 11 production, profits, or other financial information which are 12 otherwise not public records, which are reported to the 13 Department of Agriculture and Consumer Services pursuant to 14 subparagraphs 3. and 4. this paragraph or pursuant to any rule 15 adopted pursuant to subparagraph 2. this paragraph shall be 16 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 17 of the State Constitution. Upon request of the department or 18 any water management district, the Department of Agriculture 19 and Consumer Services shall make such individual agricultural 20 records available to that agency, provided that the 21 confidentiality specified by this subparagraph for such 22 records is maintained. This subparagraph is subject to the 23 Open Government Sunset Review Act of 1995 in accordance with 24 s. 119.15, and shall stand repealed on October 2, 2006, unless 25 reviewed and saved from repeal through reenactment by the 26 Legislature. 27 6. (e) The provisions of subparagraphs 1. and 2. 28 paragraphs (c) and (d) shall not preclude the department or 29 water management district from requiring compliance with water 30 quality standards or with current best management practice 31 requirements set forth in any applicable regulatory program 44 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 authorized by law for the purpose of protecting water quality. 2 Additionally, subparagraphs 1. and 2. paragraphs (c) and (d) 3 are applicable only to the extent that they do not conflict 4 with any rules adopted promulgated by the department that are 5 necessary to maintain a federally delegated or approved 6 program. 7 (8) RULES.--The department is authorized to adopt 8 rules pursuant to ss. 120.536(1) and 120.54 for: 9 (a) Delisting water bodies or water body segments from 10 the list developed under subsection (4) pursuant to the 11 guidance under subsection (5); 12 (b) Administration of funds to implement the total 13 maximum daily load and basin management action planning 14 programs; 15 (c) Procedures for pollutant trading among the 16 pollutant sources to a water body or water body segment, 17 including a mechanism for the issuance and tracking of 18 pollutant credits. Such procedures may be implemented through 19 permits or other authorizations and must be legally binding. 20 No rule implementing a pollutant trading program shall become 21 effective prior to review and ratification by the Legislature; 22 and 23 (d) The implementation of basin management action 24 plans through permitting or other programs under this chapter 25 and chapter 373. 26 (e) (d) The total maximum daily load calculation in 27 accordance with paragraph (6)(a) immediately upon the 28 effective date of this act, for those eight water segments 29 within Lake Okeechobee proper as submitted to the United 30 States Environmental Protection Agency pursuant to subsection 31 (2). 45 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 (f) Implementation of other specific provisions. 2 3 Prior to adopting rules for pollutant trading under paragraph 4 (c), and no later than November 30, 2006, the Department of 5 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. 14 (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.-- 15 (a) The department shall not implement, without prior 16 legislative approval, any additional regulatory authority 17 pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part 18 130, if such implementation would result in water quality 19 discharge regulation of activities not currently subject to 20 regulation. 21 (b) Interim measures, best management practices, or 22 other measures may be developed and voluntarily implemented 23 pursuant to subparagraphs (7)(c) 1. and 2. or paragraph (7)(d) 24 for any water body or segment for which a total maximum daily 25 load or allocation has not been established. The 26 implementation of such pollution control programs may be 27 considered by the department in the determination made 28 pursuant to subsection (4). 29 Section 12. Paragraph (c) of subsection (3) of section 30 373.4595, Florida Statutes, is amended to read: 31 373.4595 Lake Okeechobee Protection Program.-- 46 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection 2 program for Lake Okeechobee that achieves phosphorus load 3 reductions for Lake Okeechobee shall be immediately 4 implemented as specified in this subsection. The program shall 5 address the reduction of phosphorus loading to the lake from 6 both internal and external sources. Phosphorus load reductions 7 shall be achieved through a phased program of implementation. 8 Initial implementation actions shall be technology-based, 9 based upon a consideration of both the availability of 10 appropriate technology and the cost of such technology, and 11 shall include phosphorus reduction measures at both the source 12 and the regional level. The initial phase of phosphorus load 13 reductions shall be based upon the district's Technical 14 Publication 81-2 and the district's WOD program, with 15 subsequent phases of phosphorus load reductions based upon the 16 total maximum daily loads established in accordance with s. 17 403.067. In the development and administration of the Lake 18 Okeechobee Protection Program, the coordinating agencies shall 19 maximize opportunities provided by federal cost-sharing 20 programs and opportunities for partnerships with the private 21 sector. 22 (c) Lake Okeechobee Watershed Phosphorus Control 23 Program.--The Lake Okeechobee Watershed Phosphorus Control 24 Program is designed to be a multifaceted approach to reducing 25 phosphorus loads by improving the management of phosphorus 26 sources within the Lake Okeechobee watershed through continued 27 implementation of existing regulations and best management 28 practices, development and implementation of improved best 29 management practices, improvement and restoration of the 30 hydrologic function of natural and managed systems, and 31 utilization of alternative technologies for nutrient 47 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 reduction. The coordinating agencies shall facilitate the 2 application of federal programs that offer opportunities for 3 water quality treatment, including preservation, restoration, 4 or creation of wetlands on agricultural lands. 5 1. Agricultural nonpoint source best management 6 practices, developed in accordance with s. 403.067 and 7 designed to achieve the objectives of the Lake Okeechobee 8 Protection Program, shall be implemented on an expedited 9 basis. By March 1, 2001, the coordinating agencies shall 10 develop an interagency agreement pursuant to ss. 373.046 and 11 373.406(5) that assures the development of best management 12 practices that complement existing regulatory programs and 13 specifies how those best management practices are implemented 14 and verified. The interagency agreement shall address measures 15 to be taken by the coordinating agencies during any best 16 management practice reevaluation performed pursuant to 17 sub-subparagraph d. The department shall use best professional 18 judgment in making the initial determination of best 19 management practice effectiveness. 20 a. As provided in s. 403.067(7)(c)(d) , by October 1, 21 2000, the Department of Agriculture and Consumer Services, in 22 consultation with the department, the district, and affected 23 parties, shall initiate rule development for interim measures, 24 best management practices, conservation plans, nutrient 25 management plans, or other measures necessary for Lake 26 Okeechobee phosphorus load reduction. The rule shall include 27 thresholds for requiring conservation and nutrient management 28 plans and criteria for the contents of such plans. Development 29 of agricultural nonpoint source best management practices 30 shall initially focus on those priority basins listed in 31 subparagraph (b)1. The Department of Agriculture and Consumer 48 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 Services, in consultation with the department, the district, 2 and affected parties, shall conduct an ongoing program for 3 improvement of existing and development of new interim 4 measures or best management practices for the purpose of 5 adoption of such practices by rule. 6 b. Where agricultural nonpoint source best management 7 practices or interim measures have been adopted by rule of the 8 Department of Agriculture and Consumer Services, the owner or 9 operator of an agricultural nonpoint source addressed by such 10 rule shall either implement interim measures or best 11 management practices or demonstrate compliance with the 12 district's WOD program by conducting monitoring prescribed by 13 the department or the district. Owners or operators of 14 agricultural nonpoint sources who implement interim measures 15 or best management practices adopted by rule of the Department 16 of Agriculture and Consumer Services shall be subject to the 17 provisions of s. 403.067(7). The Department of Agriculture and 18 Consumer Services, in cooperation with the department and the 19 district, shall provide technical and financial assistance for 20 implementation of agricultural best management practices, 21 subject to the availability of funds. 22 c. The district or department shall conduct monitoring 23 at representative sites to verify the effectiveness of 24 agricultural nonpoint source best management practices. 25 d. Where water quality problems are detected for 26 agricultural nonpoint sources despite the appropriate 27 implementation of adopted best management practices, the 28 Department of Agriculture and Consumer Services, in 29 consultation with the other coordinating agencies and affected 30 parties, shall institute a reevaluation of the best management 31 practices and make appropriate changes to the rule adopting 49 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 best management practices. 2 2. Nonagricultural nonpoint source best management 3 practices, developed in accordance with s. 403.067 and 4 designed to achieve the objectives of the Lake Okeechobee 5 Protection Program, shall be implemented on an expedited 6 basis. By March 1, 2001, the department and the district shall 7 develop an interagency agreement pursuant to ss. 373.046 and 8 373.406(5) that assures the development of best management 9 practices that complement existing regulatory programs and 10 specifies how those best management practices are implemented 11 and verified. The interagency agreement shall address measures 12 to be taken by the department and the district during any best 13 management practice reevaluation performed pursuant to 14 sub-subparagraph d. 15 a. The department and the district are directed to 16 work with the University of Florida's Institute of Food and 17 Agricultural Sciences to develop appropriate nutrient 18 application rates for all nonagricultural soil amendments in 19 the watershed. As provided in s. 403.067(7)(c), by January 1, 20 2001, the department, in consultation with the district and 21 affected parties, shall develop interim measures, best 22 management practices, or other measures necessary for Lake 23 Okeechobee phosphorus load reduction. Development of 24 nonagricultural nonpoint source best management practices 25 shall initially focus on those priority basins listed in 26 subparagraph (b)1. The department, the district, and affected 27 parties shall conduct an ongoing program for improvement of 28 existing and development of new interim measures or best 29 management practices. The district shall adopt 30 technology-based standards under the district's WOD program 31 for nonagricultural nonpoint sources of phosphorus. 50 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 b. Where nonagricultural nonpoint source best 2 management practices or interim measures have been developed 3 by the department and adopted by the district, the owner or 4 operator of a nonagricultural nonpoint source shall implement 5 interim measures or best management practices and be subject 6 to the provisions of s. 403.067(7). The department and 7 district shall provide technical and financial assistance for 8 implementation of nonagricultural nonpoint source best 9 management practices, subject to the availability of funds. 10 c. The district or the department shall conduct 11 monitoring at representative sites to verify the effectiveness 12 of nonagricultural nonpoint source best management practices. 13 d. Where water quality problems are detected for 14 nonagricultural nonpoint sources despite the appropriate 15 implementation of adopted best management practices, the 16 department and the district shall institute a reevaluation of 17 the best management practices. 18 3. The provisions of subparagraphs 1. and 2. shall not 19 preclude the department or the district from requiring 20 compliance with water quality standards or with current best 21 management practices requirements set forth in any applicable 22 regulatory program authorized by law for the purpose of 23 protecting water quality. Additionally, subparagraphs 1. and 24 2. are applicable only to the extent that they do not conflict 25 with any rules promulgated by the department that are 26 necessary to maintain a federally delegated or approved 27 program. 28 4. Projects which reduce the phosphorus load 29 originating from domestic wastewater systems within the Lake 30 Okeechobee watershed shall be given funding priority in the 31 department's revolving loan program under s. 403.1835. The 51 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 department shall coordinate and provide assistance to those 2 local governments seeking financial assistance for such 3 priority projects. 4 5. Projects that make use of private lands, or lands 5 held in trust for Indian tribes, to reduce nutrient loadings 6 or concentrations within a basin by one or more of the 7 following methods: restoring the natural hydrology of the 8 basin, restoring wildlife habitat or impacted wetlands, 9 reducing peak flows after storm events, increasing aquifer 10 recharge, or protecting range and timberland from conversion 11 to development, are eligible for grants available under this 12 section from the coordinating agencies. For projects of 13 otherwise equal priority, special funding priority will be 14 given to those projects that make best use of the methods 15 outlined above that involve public-private partnerships or 16 that obtain federal match money. Preference ranking above the 17 special funding priority will be given to projects located in 18 a rural area of critical economic concern designated by the 19 Governor. Grant applications may be submitted by any person or 20 tribal entity, and eligible projects may include, but are not 21 limited to, the purchase of conservation and flowage 22 easements, hydrologic restoration of wetlands, creating 23 treatment wetlands, development of a management plan for 24 natural resources, and financial support to implement a 25 management plan. 26 6.a. The department shall require all entities 27 disposing of domestic wastewater residuals within the Lake 28 Okeechobee watershed and the remaining areas of Okeechobee, 29 Glades, and Hendry Counties to develop and submit to the 30 department an agricultural use plan that limits applications 31 based upon phosphorus loading. By July 1, 2005, phosphorus 52 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 concentrations originating from these application sites shall 2 not exceed the limits established in the district's WOD 3 program. 4 b. Private and government-owned utilities within 5 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 6 River, Okeechobee, Highlands, Hendry, and Glades Counties that 7 dispose of wastewater residual sludge from utility operations 8 and septic removal by land spreading in the Lake Okeechobee 9 watershed may use a line item on local sewer rates to cover 10 wastewater residual treatment and disposal if such disposal 11 and treatment is done by approved alternative treatment 12 methodology at a facility located within the areas designated 13 by the Governor as rural areas of critical economic concern 14 pursuant to s. 288.0656. This additional line item is an 15 environmental protection disposal fee above the present sewer 16 rate and shall not be considered a part of the present sewer 17 rate to customers, notwithstanding provisions to the contrary 18 in chapter 367. The fee shall be established by the county 19 commission or its designated assignee in the county in which 20 the alternative method treatment facility is located. The fee 21 shall be calculated to be no higher than that necessary to 22 recover the facility's prudent cost of providing the service. 23 Upon request by an affected county commission, the Florida 24 Public Service Commission will provide assistance in 25 establishing the fee. Further, for utilities and utility 26 authorities that use the additional line item environmental 27 protection disposal fee, such fee shall not be considered a 28 rate increase under the rules of the Public Service Commission 29 and shall be exempt from such rules. Utilities using the 30 provisions of this section may immediately include in their 31 sewer invoicing the new environmental protection disposal fee. 53 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 Proceeds from this environmental protection disposal fee shall 2 be used for treatment and disposal of wastewater residuals, 3 including any treatment technology that helps reduce the 4 volume of residuals that require final disposal, but such 5 proceeds shall not be used for transportation or shipment 6 costs for disposal or any costs relating to the land 7 application of residuals in the Lake Okeechobee watershed. 8 c. No less frequently than once every 3 years, the 9 Florida Public Service Commission or the county commission 10 through the services of an independent auditor shall perform a 11 financial audit of all facilities receiving compensation from 12 an environmental protection disposal fee. The Florida Public 13 Service Commission or the county commission through the 14 services of an independent auditor shall also perform an audit 15 of the methodology used in establishing the environmental 16 protection disposal fee. The Florida Public Service Commission 17 or the county commission shall, within 120 days after 18 completion of an audit, file the audit report with the 19 President of the Senate and the Speaker of the House of 20 Representatives and shall provide copies to the county 21 commissions of the counties set forth in sub-subparagraph b. 22 The books and records of any facilities receiving compensation 23 from an environmental protection disposal fee shall be open to 24 the Florida Public Service Commission and the Auditor General 25 for review upon request. 26 7. The Department of Health shall require all entities 27 disposing of septage within the Lake Okeechobee watershed and 28 the remaining areas of Okeechobee, Glades, and Hendry Counties 29 to develop and submit to that agency, by July 1, 2003, an 30 agricultural use plan that limits applications based upon 31 phosphorus loading. By July 1, 2005, phosphorus concentrations 54 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 originating from these application sites shall not exceed the 2 limits established in the district's WOD program. 3 8. The Department of Agriculture and Consumer Services 4 shall initiate rulemaking requiring entities within the Lake 5 Okeechobee watershed and the remaining areas of Okeechobee, 6 Glades, and Hendry Counties which land-apply animal manure to 7 develop conservation or nutrient management plans that limit 8 application, based upon phosphorus loading. Such rules may 9 include criteria and thresholds for the requirement to develop 10 a conservation or nutrient management plan, requirements for 11 plan approval, and recordkeeping requirements. 12 9. Prior to authorizing a discharge into works of the 13 district, the district shall require responsible parties to 14 demonstrate that proposed changes in land use will not result 15 in increased phosphorus loading over that of existing land 16 uses. 17 10. The district, the department, or the Department of 18 Agriculture and Consumer Services, as appropriate, shall 19 implement those alternative nutrient reduction technologies 20 determined to be feasible pursuant to subparagraph (d)6. 21 Section 13. Subsection (1) of section 570.085, Florida 22 Statutes, is amended to read: 23 570.085 Department of Agriculture and Consumer 24 Services; agricultural water conservation.--The department 25 shall establish an agricultural water conservation program 26 that includes the following: 27 (1) A cost-share program, coordinated where 28 appropriate with the United States Department of Agriculture 29 and other federal, state, regional, and local agencies, for 30 irrigation system retrofit and application of mobile 31 irrigation laboratory evaluations for water conservation as 55 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 provided in this section and, where applicable, for water 2 quality improvement pursuant to s. 403.067(7)(c)(d). 3 Section 14. Section 403.885, Florida Statutes, is 4 amended to read: 5 403.885 Storm water management; wastewater management; 6 Water Quality Improvement and Water Restoration Grant 7 Program.-- 8 (1) The Department of Environmental Protection shall 9 develop and administer a competitive grant program to use 10 funds transferred pursuant to s. 212.20 to the Ecosystem 11 Management and Restoration Trust Fund or other moneys as 12 appropriated by the Legislature for storm water management; 13 wastewater management, water quality improvement and water 14 restoration project grants. Eligible recipients of such grants 15 include counties, municipalities, water management districts, 16 and special districts that have legal responsibilities for 17 water quality improvement, water management, storm water 18 management, wastewater management, and sewer system 19 operations, and lake and river water restoration projects. 20 Drinking water projects are not eligible for funding pursuant 21 to this section. 22 (2) The competitive grant program shall provide for 23 the evaluation of annual grant proposals. The department 24 shall evaluate such proposals to determine if they: 25 (a) Protect public health and the environment. 26 (b) Implement plans developed pursuant to the Surface 27 Water Improvement and Management Act created in part IV of 28 chapter 373, other water restoration plans required by law, 29 management plans prepared pursuant to s. 403.067, or other 30 plans adopted by local government for water quality 31 improvement and water restoration. 56 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 (3) In addition to meeting the criteria in subsection 2 (2), annual grant proposals must also meet the following 3 requirements: 4 (a) An application for a storm water management 5 project may be funded only if the application is approved by 6 the water management district with jurisdiction in the project 7 area. District approval must be based on a determination that 8 the project provides a benefit to a priority water body. 9 (b) Except as provided in paragraph (c), an 10 application for a wastewater management project may be funded 11 only if: 12 1. The project has been funded previously through a 13 line item in the General Appropriations Act, and 14 2. The project is under construction. 15 (c) An application for a wastewater management project 16 that would qualify as a water pollution control project and 17 activity in s. 403.1838 may be funded only if the project 18 sponsor has submitted an application to the department for 19 funding pursuant to that section. 20 (4) All project applicants must provide local matching 21 funds as follows: 22 (a) An applicant for state funding of a storm water 23 management project shall provide local matching funds equal to 24 at least 50 percent of the total cost of the project; and 25 (b) An applicant for state funding of a wastewater 26 management project shall provide matching funds equal to at 27 least 25 percent of the total cost of the project. 28 29 The requirement for matching funds may be waived if the 30 applicant is a financially disadvantaged small local 31 government as defined in subsection (5). The department shall 57 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 evaluate the annual grant proposals and present the annual 2 list of projects recommended to be funded to the Governor and 3 the Legislature as part of its annual budget request submitted 4 pursuant to chapter 216 beginning with fiscal year 2003-2004. 5 (5)(4) Each fiscal year, at least 20 percent of the 6 funds available pursuant to this section subsection (1) shall 7 be used for projects to assist financially disadvantaged small 8 local governments. For purposes of this section, the term 9 "financially disadvantaged small local government" means a 10 municipality having a population of 7,500 or less, a county 11 having a population of 35,000 or less, according to the latest 12 decennial census and a per capita annual income less than the 13 state per capita annual income as determined by the United 14 States Department of Commerce, or a county in an area 15 designated by the Governor as a rural area of critical 16 economic concern pursuant to s. 288.0656. Grants made to these 17 eligible local governments shall not require matching local 18 funds. 19 (6) (5) No later than February 1 of Each year, storm 20 water management and wastewater management water quality 21 improvement projects and water restoration projects submitted 22 for funding through the legislative process shall be submitted 23 to the department by the appropriate fiscal committees of the 24 House of Representatives and the Senate. The department shall 25 review the projects for funding eligibility and must, no later 26 than March 1 of each year, provide each fiscal committee with 27 a list of projects that appear to meet the eligibility 28 requirements under this grant program. 29 (6) The department may adopt rules necessary to 30 administer this section, including, but not limited to, rules 31 governing timeframes for submitting grant applications, 58 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 evaluation criteria, forms, matching criteria, maximum grant 2 amounts, and allocation of appropriated funds based upon 3 project and applicant size. 4 Section 15. Section 403.890, Florida Statutes, is 5 created to read: 6 403.890 Water Protection and Sustainability Funding 7 Program; intent; goals; purposes.-- 8 (1) Revenues transferred from the Department of 9 Revenue pursuant to s. 215.6197 shall be deposited into the 10 Water Protection and Sustainability Program Trust Fund in the 11 Department of Environmental Protection. Revenues shall be 12 distributed by the Department of Environmental Protection in 13 the following manner: 14 (a) Forty-five percent to the Department of 15 Environmental Protection for the implementation of an 16 alternative water supply grant program as provided in s. 17 373.1961. 18 (b) Twenty-five percent for the implementation of best 19 management practices and capital project expenditures 20 necessary for the implementation of the goals of the total 21 maximum daily loads program established in s. 403.067. Of 22 these funds, eighty-five percent shall be transferred to the 23 credit of the Department of Environmental Protection Water 24 Quality Assurance Trust Fund to address water quality impacts 25 associated with nonagricultural nonpoint sources. Fifteen 26 percent of these funds shall be transferred to the Department 27 of Agriculture and Consumer Services General Inspection Trust 28 Fund to address water quality impacts associated with 29 agricultural nonpoint sources. These funds shall be used for 30 research, development, demonstration, and implementation of 31 suitable best management practices or other measures used to 59 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 achieve water quality standards in surface waters and water 2 segments identified pursuant to ss. 303(d) of the Clean Water 3 Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. 4 Implementation of best management practices and other measures 5 may include cost-share grants, technical assistance, 6 implementation tracking, and conservation leases or other 7 agreements for water quality improvement. The Department of 8 Environmental Protection and the Department of Agriculture and 9 Consumer Services may adopt rules governing the distribution 10 of funds for implementation of best management practices. 11 These funds shall not be used to abrogate the financial 12 responsibility of those point and nonpoint sources that have 13 contributed to the degradation of water or land areas. 14 Increased priority shall be given by the department and the 15 water management district governing boards to those projects 16 that have secured a cost-sharing agreement allocating 17 responsibility for the cleanup of point and nonpoint sources. 18 (c) Fifteen percent shall be disbursed for the 19 purposes of funding projects pursuant to ss. 373.451 - 373.459 20 or surface water restoration activities in water management 21 district designated priority water bodies. The Secretary of 22 Environmental Protection shall ensure that each water 23 management district receives the following percentage of funds 24 annually: 25 1. Thirty-five percent to the South Florida Water 26 Management District, 27 2. Twenty-five percent to the Southwest Florida Water 28 Management District, 29 3. Twenty-five percent to the St. John's River Water 30 Management District, 31 4. Seven and one-half percent to the Suwannee River 60 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 Water Management District, and 2 5. Seven and one-half percent to the Northwest Florida 3 Water Management District. 4 (d) Fifteen percent to the Department of Environmental 5 Protection for the implementation of the stormwater, drinking 6 water, and wastewater programs. These funds shall be divided 7 equally among the following programs: 8 1. The Clean Water State Revolving Loan Grants Program 9 as provided in s. 403.1835. 10 2. The Drinking Water State Revolving Loan Grant 11 Program as provided in s. 403.8532, and 12 3. The Disadvantaged Small Community Wastewater Grant 13 Program as provided in s. 403.1838. 14 15 Prior to the end of the 2008 Regular Session, the Legislature 16 must review the distribution of funds under the Water 17 Protection and Sustainability Program to determine if 18 revisions to the funding formula are required. At the 19 discretion of the President of the Senate and the Speaker of 20 the House of Representatives, the appropriate substantive 21 committees of the Legislature may conduct an interim project 22 to review the Water Protection and Sustainability Program and 23 the funding formula, and make written recommendations to the 24 Legislature proposing necessary changes, if any. 25 Section 16. This act shall take effect upon becoming a 26 law. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 Delete everything before the enacting clause 61 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 and insert: 2 An act relating to the development of water 3 supplies; amending s. 201.15, F.S.; providing 4 for the distribution of certain excise taxes on 5 documents to the Water Protection and 6 Sustainability Program Trust Fund of the 7 Department of Environmental Protection; 8 creating s. 215.6197, F.S.; establishing the 9 Water Protection and Sustainability Program; 10 authorizing the issuance of bonds, establishing 11 criteria for distribution of bonds for a 12 specified period, prohibiting sale of bonds 13 under certain conditions; authorizing the 14 issuance of the water protection and 15 sustainability bonds in the best interest of 16 the state; amending s. 373.196, F.S.; 17 encouraging cooperation in the development of 18 water supplies; providing for alternative water 19 supply development; establishing the primary 20 roles of the water management district in water 21 supply development; establishing the primary 22 roles of local governments, regional water 23 supply authorities, special districts, and 24 publicly owned and privately owned water 25 utilities in water supply development; 26 encouraging municipalities, counties and 27 special districts to create regional water 28 supply authorities; requiring the Legislature 29 to identify a recurring and dedicated source of 30 statewide funds to provide economic incentives 31 to local water suppliers; requiring that the 62 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 water management districts develop a plan to 2 provide economic incentives for alternative 3 water supply development by January 1, 2006; 4 requiring that state funds made available for 5 alternative water supply development must be 6 matched by the entity receiving the funds; 7 requiring the development of cost-effective 8 alternative water supplies in areas where 9 traditional sources of water are inadequate for 10 existing and future uses; requiring that 11 appropriate rate-setting authorities establish 12 rate structure for all water facilities in a 13 service area that receives state and water 14 management district financial assistance for 15 alternative water supply development; amending 16 s. 373.1961, F.S.; providing general powers and 17 duties of the water management districts in 18 water production; requiring that the water 19 management districts include the amount needed 20 to implement the water supply development 21 projects in each annual budget; establishing 22 general funding criteria for state or water 23 management district funding assistance; 24 establishing economic incentives for 25 alternative water supply development; defining 26 "alternative water supplies"; creating a 27 funding formula for the distribution of state 28 funds to the water management districts for 29 alternative water supply development; requiring 30 that funding assistance for alternative water 31 supply development is limited to a percentage 63 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 of the local capital costs of an approved 2 project; defining "capitol costs"; requiring 3 that the alternative water supplies grants 4 advisory committee rand and recommend 5 alternative water supply projects for grant 6 funding; establishing criteria; establishing 7 criteria for funding assistance for water reuse 8 systems; amending s. 373.1962, F.S.; clarifying 9 that counties, municipalities, and special 10 districts may executed interlocal agreements to 11 create regional water supply authorities; 12 amending s. 373.223, F.S.; establishing 13 criteria for certain water supply entities to 14 be presumed to have a use consistent with the 15 public interest for consumptive use permitting 16 requirements; amending s. 373.236, F.S.; 17 providing permits of at least 20 years for 18 development of alternative water supplies under 19 certain conditions; amending s. 373.459, F.S.; 20 to require that entities receiving state 21 funding for implementation of surface water 22 improvement and management projects provide a 23 50 percent match of cash or in-kind services; 24 amending s. 163.3177(6) providing that local 25 government submit a water supply analysis to 26 the department; establishing criteria; 27 encouraging multi-jurisdictional water supply 28 facilities to develop alternative water 29 sources; amending s. 403.067, F.S.; providing 30 that preliminary allocation of allowable 31 pollutant loads between point and nonpoint 64 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 sources may be developed as part of a total 2 maximum daily load; establishing criteria for 3 establishing preliminary and final allocations 4 to attain pollutant reductions; authorizing the 5 Department of Environmental Protection to adopt 6 phased total maximum daily loads that establish 7 incremental total maximum daily loads under 8 certain conditions; requiring the development 9 of basin management action plans; requiring 10 that basin management action plans integrate 11 the appropriate management strategies to 12 achieve the total maximum daily loads and the 13 restoration of designated uses; requiring that 14 the plans establish a schedule for implementing 15 management strategies, establish a basis for 16 evaluating the plans' effectiveness, and 17 identify feasible water unding strategies; 18 requiring that a basin management action plan 19 equitably allocate pollutant reductions to 20 individual basins; authorizing that plans may 21 provide pollutant load reduction credits to 22 dischargers that have implemented strategies to 23 reduce pollutant loads prior to the development 24 of the basin management action plan; requiring 25 that the plan identify mechanisms by which 26 potential future sources of pollution will be 27 addressed; requiring that the department assure 28 key stakeholder participation in the basin 29 management action planning process; requiring 30 that the department hold at least one public 31 meeting to discuss and receive comments during 65 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 the planning process; providing notice 2 requirements; requiring that the department 3 adopt all or part of a basin management action 4 plan by secretarial order pursuant to chapter 5 120; requiring that basin management action 6 plans which alter that calculation or 7 preliminary allocation of a total maximum daily 8 load, the revised calculation or preliminary 9 allocation must be adopted by rule; requiring 10 periodic evaluation of basin management action 11 plans; requiring that revisions to plans be 12 made by the department in cooperation with 13 stakeholders; providing for basin plan 14 revisions regarding nonpoint pollutant sources; 15 authorizing the department's use of additional 16 strategies, including an adopted basin plan, to 17 implement pollutant load reductions; requiring 18 that adopted basin management action plans be 19 included in subsequent NPDES permits or permit 20 modifications; providing that implementation of 21 a total maximum daily load or basin management 22 action plan for holders of a NPDES municipal 23 separate storm water sewer system permit may be 24 achieved through the use of best management 25 practices; requiring the department o impose 26 additional pollution reduction requirements for 27 a pollutant of concern in a NPDES permit until 28 such time as the total maximum daily load or 29 the basin management action plan is revised, 30 the NPDES permit expires, or the NPDES permit 31 holder modifies its discharge; providing that 66 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 basin management action plans do not relieve a 2 discharger from the requirement to obtain, 3 renew, or modify a NPDES permit or to abide by 4 other requirements of the permit; requiring 5 that plan management strategies be completed 6 pursuant to the schedule set forth in the basin 7 management action plan and providing that the 8 implementation schedule may extend beyond the 9 term of a NPDES permit; providing that 10 management strategies and pollution reduction 11 requirements in a basin management action plan 12 for a specific pollutant of concern are not 13 subject to a challenge under chapter 120 at the 14 time they are incorporated, in identical form, 15 into a subsequent NPDES permit or permit 16 modification; requiring timely adoption and 17 implementation of pollutant reduction actions 18 for non-agricultural pollutant sources not 19 subject to NPDES permitting but regulated 20 pursuant to other state, regional, or local 21 regulatory programs; requiring timely 22 implementation of best management practices for 23 agricultural or non-agricultural nonpoint 24 pollutant source dischargers not subject to 25 permitting at the time a basin management 26 action plan is adopted; providing an exemption; 27 providing for presumption of compliance under 28 certain circumstances; providing for 29 enforcement action by the department or a water 30 management district; requiring that a 31 landowner, discharger or other responsible 67 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 person that is implementing management 2 strategies specified in an adopted basin 3 management action plan will not be required by 4 permit, enforcement action, or otherwise to 5 implement additional management strategies to 6 reduce pollutant loads; providing that the 7 authority of the department to amend a basin 8 management plan is not limited; requiring that 9 the department verify at representative sites 10 the effectiveness of interim measures, best 11 management practices, and other measures 12 adopted by rule; requiring that the department 13 use best professional judgment in making 14 initial verifications that best management 15 practices are not effective; requiring notice 16 to the appropriate water management district or 17 the department of Agriculture and consumer 18 Services under certain conditions; establishing 19 a presumption of compliance for implementation 20 of practices initially verified to be effective 21 or verified to be effective at representative 22 sites; limiting the institution of proceedings 23 by the department against the owner of a source 24 of pollution to recover costs or damages 25 associated with the contamination of surface or 26 ground water caused by those pollutants; 27 requiring the Department of Agriculture and 28 Consumer Services to institute a reevaluation 29 of best management practices or other measures 30 where water quality problems are detected, or 31 predicted during the development or amendment 68 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 of a basin management action plan; providing 2 for ule revisions; providing the department 3 with rulemaking authority; requiring a report 4 be submitted to the Governor, the President of 5 the Senate, and the Speaker of the House of 6 Representatives containing recommendations on 7 rules for pollutant trading prior to the 8 adoption of those rules; requiring that 9 recommendations be adopted in cooperation with 10 a technical advisory committee containing 11 experts in pollutant trading and 12 representatives of potentially affected 13 parties; deleting a requirement that no 14 pollutant trading program shall become 15 effective prior to review and ratification by 16 the Legislature; amending ss. 373.4595 and 17 570.085, F.S.; correcting cross references; 18 amending s. 403.885, F.S.; revising 19 requirements relating to the department's grant 20 program for water quality improvement and water 21 restoration project grants; eliminating grants 22 for water quality improvement, water 23 management, and drinking water projects; 24 authorizing grants for wastewater management; 25 creating additional criteria for funding storm 26 water grants; requiring local matching funds; 27 providing an exception from matching fund 28 requirements for financially disadvantaged 29 small local governments; creating s. 403.890, 30 establishing the Water Protection and 31 Sustainability Funding Program; establishing a 69 12:55 PM 04/04/05 s0444.ep15.0V4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 351004 1 funding formula for the distribution of 2 revenues generated by the bonding provisions as 3 provided in s. 215.6197, F.S.; establishing 4 funding for alternative water supply 5 development as provided in s. 373.1961, the 6 development and implementation of total maximum 7 daily load projects as provided in s. 403.067, 8 F.S.; surface water improvement and management 9 plans and programs as provided in ss. 373.451 10 and 373.459, F.S.; the Clean Water State 11 Revolving Loan Grants Program as provided in s. 12 403.1835, F.S.; the Drinking water State 13 Revolving Loan Grant Program as provided in s. 14 403.8532, F.S.; and the Disadvantaged Small 15 Community Wastewater Grant Program as provided 16 in s. 403.1838, F.S.; providing an effective 17 date. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 70 12:55 PM 04/04/05 s0444.ep15.0V4
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