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Amendment CaShTmL-550866.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 444
                        Barcode 550866
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Governmental Oversight and Productivity
12  (Lawson) 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) and
19  subsections (6) and (8) are amended and a new subsection (15)
20  is added to section 201.15, Florida Statutes, 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)
29         (d)  The remainder of the moneys distributed under this
30  subsection, after the required payments under paragraphs (a),
31  (b), and (c), shall be paid into the State Treasury to the
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 credit of the General Revenue Fund of the state to be used and 2 expended for the purposes for which the General Revenue Fund 3 was created and exists by law or to the Ecosystem Management 4 and Restoration Trust Fund or to the Marine Resources 5 Conservation Trust Fund as provided in subsection (11), or to 6 the Water Protection and Sustainability Program Trust Fund of 7 the Department of Environmental Protection as provided in s. 8 215.6197. Moneys available under this paragraph shall first be 9 used to pay debt service due on any water protection and 10 sustainability bonds or to make any other payments required by 11 the bond documents authorizing the issuance before such moneys 12 are used for other purposes authorized by this paragraph. 13 (6) Two and fifty-three twenty-eight hundredths 14 percent of the remaining taxes collected under this chapter 15 shall be paid into the State Treasury to the credit of the 16 Invasive Plant Control Trust Fund to carry out the purposes 17 set forth in ss. 369.22 and 369.252. 18 (8) One-quarter of one percent of the remaining taxes 19 collected under this chapter shall be paid into the State 20 Treasury to the credit of the Department of Agriculture and 21 Consumer Services General Inspection Trust Fund to address 22 water quality impacts associated with agricultural nonpoint 23 sources. One-half of one percent of the remaining taxes 24 collected under this chapter shall be paid into the State 25 Treasury and divided equally to the credit of the Department 26 of Environmental Protection Water Quality Assurance Trust Fund 27 to address water quality impacts associated with 28 nonagricultural nonpoint sources and to the credit of the 29 Department of Agriculture and Consumer Services General 30 Inspection Trust Fund to address water quality impacts 31 associated with agricultural nonpoint sources, respectively. 2 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 These funds shall be used for research, development, 2 demonstration, and implementation of suitable best management 3 practices or other measures used to achieve water quality 4 standards in surface waters and water segments identified 5 pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 6 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best 7 management practices and other measures may include cost-share 8 grants, technical assistance, implementation tracking, and 9 conservation leases or other agreements for water quality 10 improvement. The Department of Environmental Protection and 11 The Department of Agriculture and Consumer Services may adopt 12 rules governing the distribution of funds for implementation 13 of best management practices. The unobligated balance of funds 14 received from the distribution of taxes collected under this 15 chapter to address water quality impacts associated with 16 nonagricultural nonpoint sources will be excluded when 17 calculating the unobligated balance of the Water Quality 18 Assurance Trust Fund as it relates to the determination of the 19 applicable excise tax rate. 20 (15) Each fiscal year the Legislature, when available, 21 should use nonrecurring revenue sources for all or a portion 22 of the annual $500 million funding in lieu of issuing bonds 23 pursuant to this section. 24 Section 2. Section 215.6197, Florida Statutes, is 25 created to read: 26 215.6197 Bonds for Water Protection and Sustainability 27 Program.-- 28 (1) The issuance of water protection and 29 sustainability bonds is authorized. The water protection and 30 sustainability bonds may be issued over the next 10 fiscal 31 years commencing on July 1, 2005, in an amount not exceeding 3 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 $500 million in any fiscal year, subject to s. 403.890 and s. 2 11(e), Art. VII of the State Constitution. The duration of 3 each series of bonds issued may not exceed 20 annual 4 maturities. Except for refunding bonds, a series of bonds may 5 not be issued unless an amount equal to the debt service 6 coming due in the year of issuance has been specifically 7 appropriated in the General Appropriations Act. 8 (2) The state covenants with the holders of water 9 protection and sustainability bonds that it will not take any 10 action that will materially and adversely affect the rights of 11 such holders so long as the bonds are outstanding, including, 12 but not limited to, a reduction in the portion of documentary 13 stamp taxes distributable to the Water Protection and 14 Sustainability Program Trust Fund of the Department of 15 Environmental Protection for payment of debt service. 16 (3) Bonds issued under this section shall be payable 17 from taxes distributable to the Water Protection and 18 Sustainability Program Trust Fund of the Department of 19 Environmental Protection under s. 201.15(1)(d). Bonds issued 20 under this section do not constitute a general obligation of, 21 or a pledge of the full faith and credit of, the state. 22 (4) The Department of Environmental Protection shall 23 request the Division of Bond Finance of the State Board of 24 Administration to issue the water protection and 25 sustainability bonds authorized by this section. The Division 26 of Bond Finance shall issue such bonds pursuant to the State 27 Bond Act. 28 (5) The proceeds from the sale of bonds issued under 29 this section, less the costs of issuance, the costs of funding 30 reserve accounts, and other costs with respect to the bonds 31 shall be deposited into the Water Protection and 4 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 Sustainability Program Trust Fund of the Department of 2 Environmental Protection as provided in s. 403.890. 3 (6) The sale, disposition, lease, easement, license, 4 or other use of any land, water areas, or related property 5 interests acquired or improved with proceeds of water 6 protection and sustainability bonds which would cause all or 7 any portion of the interest of such bonds to lose the 8 exclusion from gross income for federal income tax purposes is 9 prohibited. 10 (7) The initial series of water protection and 11 sustainability bonds shall be validated in addition to any 12 other bonds required to be validated under s. 215.82. Any 13 complaint for validation of bonds issued under this section 14 shall be filed only in the circuit court of the county where 15 the seat of state government is situated, the notice required 16 to be published by s. 75.06 shall be published only in the 17 county where the complaint is filed, and the complaint and 18 order of the circuit court shall be served only on the state 19 attorney of the circuit in which the action is pending. 20 Section 3. In accordance with section 215.98(1), 21 Florida Statutes, the Legislature determines that the issuance 22 of water protection and sustainability bonds under section 2 23 of this act is in the best interest of the state and should be 24 implemented. 25 Section 4. Section 373.019, Florida Statutes, is 26 amended to read: 27 373.019 Definitions.--When appearing in this chapter 28 or in any rule, regulation, or order adopted pursuant thereto, 29 the following words shall, unless the context clearly 30 indicates otherwise, mean: 31 (1) "Alternative water supplies" means saltwater; 5 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 brackish surface and groundwater; surface water captured 2 predominately during wet-weather flows; sources made available 3 through the addition of new storage capacity for surface or 4 groundwater, water that has been reclaimed after one or more 5 public supply, municipal, industrial, commercial, or 6 agricultural uses, the downstream augmentation of waterbodies 7 with reclaimed water; stormwater; and any other water supply 8 source that is designated as non-traditional for a water 9 supply planning region in the applicable regional water supply 10 plan. 11 (2)"Capital costs" means planning, design, engineering, 12 and project construction costs. Any use of bond proceeds to 13 pay these costs that would cause all or any portion of the 14 interest of such bonds to lose the exclusion from gross income 15 for federal income tax purposes is prohibited. 16 (3)(1) "Coastal waters" means waters of the Atlantic 17 Ocean or the Gulf of Mexico within the jurisdiction of the 18 state. 19 (4)(2) "Department" means the Department of 20 Environmental Protection or its successor agency or agencies. 21 (5)(3) "District water management plan" means the 22 regional water resource plan developed by a governing board 23 under s. 373.036. 24 (6)(4) "Domestic use" means the use of water for the 25 individual personal household purposes of drinking, bathing, 26 cooking, or sanitation. All other uses shall not be considered 27 domestic. 28 (7)(5) "Florida water plan" means the state-level 29 water resource plan developed by the department under s. 30 373.036. 31 (8)(6) "Governing board" means the governing board of 6 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 a water management district. 2 (9)(7) "Groundwater" means water beneath the surface 3 of the ground, whether or not flowing through known and 4 definite channels. 5 (10)(8) "Impoundment" means any lake, reservoir, pond, 6 or other containment of surface water occupying a bed or 7 depression in the earth's surface and having a discernible 8 shoreline. 9 (11)(9) "Independent scientific peer review" means the 10 review of scientific data, theories, and methodologies by a 11 panel of independent, recognized experts in the fields of 12 hydrology, hydrogeology, limnology, and other scientific 13 disciplines relevant to the matters being reviewed under s. 14 373.042. 15 (12) "Multi-jurisdictional water supply entity" means 16 two or more water utilities or local governments, organized 17 into a larger entity or that have entered into an interlocal 18 agreement or contract, for the purpose of more efficiently 19 pursuing water supply development or alternative water supply 20 development projects listed pursuant regional water supply 21 plan. 22 (13)(10) "Nonregulated use" means any use of water 23 which is exempted from regulation by the provisions of this 24 chapter. 25 (14)(11) "Other watercourse" means any canal, ditch, 26 or other artificial watercourse in which water usually flows 27 in a defined bed or channel. It is not essential that the 28 flowing be uniform or uninterrupted. 29 (15)(12) "Person" means any and all persons, natural 30 or artificial, including any individual, firm, association, 31 organization, partnership, business trust, corporation, 7 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 company, the United States of America, and the state and all 2 political subdivisions, regions, districts, municipalities, 3 and public agencies thereof. The enumeration herein is not 4 intended to be exclusive or exhaustive. 5 (16)(13) "Reasonable-beneficial use" means the use of 6 water in such quantity as is necessary for economic and 7 efficient utilization for a purpose and in a manner which is 8 both reasonable and consistent with the public interest. 9 (17)(14) "Regional water supply plan" means a detailed 10 water supply plan developed by a governing board under s. 11 373.0361. 12 (18)(15) "Stream" means any river, creek, slough, or 13 natural watercourse in which water usually flows in a defined 14 bed or channel. It is not essential that the flowing be 15 uniform or uninterrupted. The fact that some part of the bed 16 or channel has been dredged or improved does not prevent the 17 watercourse from being a stream. 18 (19)(16) "Surface water" means water upon the surface 19 of the earth, whether contained in bounds created naturally or 20 artificially or diffused. Water from natural springs shall be 21 classified as surface water when it exits from the spring onto 22 the earth's surface. 23 (20)(17) "Water" or "waters in the state" means any 24 and all water on or beneath the surface of the ground or in 25 the atmosphere, including natural or artificial watercourses, 26 lakes, ponds, or diffused surface water and water percolating, 27 standing, or flowing beneath the surface of the ground, as 28 well as all coastal waters within the jurisdiction of the 29 state. 30 (21)(18) "Water management district" means any flood 31 control, resource management, or water management district 8 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 operating under the authority of this chapter. 2 (22)(19) "Water resource development" means the 3 formulation and implementation of regional water resource 4 management strategies, including the collection and evaluation 5 of surface water and groundwater data; structural and 6 nonstructural programs to protect and manage water resources; 7 the development of regional water resource implementation 8 programs; the construction, operation, and maintenance of 9 major public works facilities to provide for flood control, 10 surface and underground water storage, and groundwater 11 recharge augmentation; and related technical assistance to 12 local governments and to government-owned and privately owned 13 water utilities. 14 (23)(20) "Water resource implementation rule" means 15 the rule authorized by s. 373.036, which sets forth goals, 16 objectives, and guidance for the development and review of 17 programs, rules, and plans relating to water resources, based 18 on statutory policies and directives. The waters of the state 19 are among its most basic resources. Such waters should be 20 managed to conserve and protect water resources and to realize 21 the full beneficial use of these resources. 22 (24)(21) "Water supply development" means the 23 planning, design, construction, operation, and maintenance of 24 public or private facilities for water collection, production, 25 treatment, transmission, or distribution for sale, resale, or 26 end use. 27 (25)(22) For the sole purpose of serving as the basis 28 for the unified statewide methodology adopted pursuant to s. 29 373.421(1), as amended, "wetlands" means those areas that are 30 inundated or saturated by surface water or groundwater at a 31 frequency and a duration sufficient to support, and under 9 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 normal circumstances do support, a prevalence of vegetation 2 typically adapted for life in saturated soils. Soils present 3 in wetlands generally are classified as hydric or alluvial, or 4 possess characteristics that are associated with reducing soil 5 conditions. The prevalent vegetation in wetlands generally 6 consists of facultative or obligate hydrophytic macrophytes 7 that are typically adapted to areas having soil conditions 8 described above. These species, due to morphological, 9 physiological, or reproductive adaptations, have the ability 10 to grow, reproduce, or persist in aquatic environments or 11 anaerobic soil conditions. Florida wetlands generally include 12 swamps, marshes, bayheads, bogs, cypress domes and strands, 13 sloughs, wet prairies, riverine swamps and marshes, hydric 14 seepage slopes, tidal marshes, mangrove swamps and other 15 similar areas. Florida wetlands generally do not include 16 longleaf or slash pine flatwoods with an understory dominated 17 by saw palmetto. Upon legislative ratification of the 18 methodology adopted pursuant to s. 373.421(1), as amended, the 19 limitation contained herein regarding the purpose of this 20 definition shall cease to be effective. 21 (26)(23) "Works of the district" means those projects 22 and works, including, but not limited to, structures, 23 impoundments, wells, streams, and other watercourses, together 24 with the appurtenant facilities and accompanying lands, which 25 have been officially adopted by the governing board of the 26 district as works of the district. 27 Section 5. Section 373.196, Florida Statutes, is 28 amended to read: 29 (Substantial rewording of section. See 30 s. 373.196, F.S..; for present text.) 31 373.196 Alternative water supply development.-- 10 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 (1) The purpose of this section is to encourage 2 cooperation in the development of water supplies and to 3 provide for alternative water supply development. 4 (a) Demands on natural supplies of fresh water to meet 5 the needs of a rapidly growing population, and the needs of 6 the environment, agriculture, industry, and mining will 7 continue to increase. 8 (b) There is a need for the development of alternative 9 water supplies for Florida to sustain its economic growth, 10 economic viability, and natural resources. 11 (c) Cooperative efforts between municipalities, 12 counties, special districts, water management districts, and 13 the Department of Environmental Protection are mandatory in 14 order to meet the water needs of rapidly urbanizing areas in a 15 manner which will supply adequate and dependable supplies of 16 water where needed without resulting in adverse effects upon 17 the areas from whence such water is withdrawn. Such efforts 18 should utilize all practical means of obtaining water, 19 including, but not limited to, withdrawals of surface water 20 and groundwater, reuse, and desalinization, and will 21 necessitate not only cooperation but also well-coordinated 22 activities. Municipalities, counties, and special districts 23 are encouraged to create regional water supply authorities as 24 authorized in s. 373.1962 or multi-jurisdictional water supply 25 entities. 26 (d) Alternative water supply development must receive 27 priority funding attention to increase the available supplies 28 of water to meet all existing and future reasonable-beneficial 29 uses and to benefit the natural systems. 30 (e) Cooperation between counties, municipalities, 31 regional water supply authorities, multi-jurisdictional water 11 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 supply entities, special districts, and publicly owned and 2 privately owned water utilities in the development of 3 countywide and multi-countywide alternative water supply 4 projects will allow for necessary economies of scale and 5 efficiencies to be achieved in order to accelerate the 6 development of new, dependable, and sustainable alternative 7 water supplies. 8 (f) It is in the public interest that county, 9 municipal, industrial, agricultural, and other public and 10 private water users, the Department of Environmental 11 Protection, and the water management districts cooperate and 12 work together in the development of alternative water supplies 13 to avoid the adverse effects of competition for limited 14 supplies of water. Public moneys or services provided to 15 private entities for alternative water supply development may 16 constitute public purposes that also are in the public 17 interest. 18 (2)(a) Sufficient water must be available for all 19 existing and future reasonable-beneficial uses and the natural 20 systems, and the adverse effects of competition for water 21 supplies must be avoided. 22 (b) Water supply development and alternative water 23 supply development must be conducted in coordination with 24 water management district regional water supply planning. 25 (c) Funding for the development of alternative water 26 supplies shall be a shared responsibility of water suppliers 27 and users, the state of Florida, and the water management 28 districts, with water suppliers and users having the primary 29 responsibility and the state of Florida and the water 30 management districts being responsible to provide funding 31 assistance. 12 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 (3) The primary roles of the water management 2 districts in water supply development as it relates to 3 supporting alternative water supply development are: 4 (a) The formulation and implementation of regional 5 water resource management strategies that support alternative 6 water supply development; 7 (b) The collection and evaluation of surface water and 8 groundwater data to be used for a planning level assessment of 9 the feasibility of alternative water supply development 10 projects; 11 (c) The construction, operation, and maintenance of 12 major public works facilities for flood control, surface and 13 underground water storage, and groundwater recharge 14 augmentation to support alternative water supply development; 15 (d) Planning for alternative water supply development 16 as provided in regional water supply plans in coordination 17 with local governments, regional water supply authorities, 18 multi-jurisdictional water supply entities, special districts, 19 and publicly owned and privately owned water utilities and 20 self suppliers; 21 (e) The formulation and implementation of structural 22 and nonstructural programs to protect and manage water 23 resources in support of alternative water supply projects; and 24 (f) The provision of technical and financial 25 assistance to local governments and publicly owned and 26 privately owned water utilities for alternative water supply 27 projects. 28 (4) The primary roles of local government, regional 29 water supply authorities, multi-jurisdictional water supply 30 entities, special districts, and publicly owned and privately 31 owned water utilities in alternative water supply development 13 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 shall be: 2 (a) The planning, design, construction, operation, and 3 maintenance of alternative water supply development projects, 4 with funding assistance from the state and the water 5 management districts; 6 (b) The formulation and implementation of alternative 7 water supply development strategies and programs; 8 (c) The planning, design, construction, operation, and 9 maintenance of facilities to collect, divert, produce, treat, 10 transmit, and distribute water for sale, resale, or end use; 11 and 12 (d) The coordination of alternative water supply 13 development activities with the appropriate water management 14 district having jurisdiction over the activity. 15 (5) Nothing herein shall be construed to preclude the 16 various special districts, municipalities, and counties from 17 continuing to operate existing water production and 18 transmission facilities or to enter into cooperative 19 agreements with other special districts, municipalities, and 20 counties for the purpose of meeting their respective needs for 21 dependable and adequate supplies of water, provided the 22 obtaining of water through such operations shall not be done 23 in a manner which results in adverse effects upon the areas 24 from whence such water is withdrawn. 25 (6)(a) The statewide funds provided pursuant to the 26 Water Protection and Sustainability Program serve to 27 supplement existing water management district funding for 28 alternative water supply development assistance, and not 29 result in a reduction of such funding. Therefore, the water 30 management districts shall include, in the annual tentative 31 and adopted budget submittals required under this chapter the 14 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 amount of funds allocated for water resource development that 2 supports alternative water supply development, and the funds 3 allocated for alternative water supply projects selected for 4 inclusion in the Water Protection and Sustainability Program. 5 It shall be the goal of each water management district that 6 the combined funds allocated annually for these purposes be, 7 at a minimum, the equivalent of 25 percent of the state 8 funding provided to the water management district for 9 alternative water supply development. If this goal is not 10 achieved, the water management district shall provide in the 11 budget submittal an explanation of the reasons or constraints 12 that prevent this goal from being met. 13 (b) State funds from the Water Protection and 14 Sustainability program created in s. 403.890, shall be made 15 available for financial assistance for the capital costs of 16 alternative water supply development projects selected by a 17 water management district governing board for inclusion in the 18 program. 19 Section 6. Section 373.1961, Florida Statutes, is 20 amended to read: 21 373.1961 Water production; general powers and duties; 22 identification of needs; funding criteria; economic 23 incentives; reuse funding.-- 24 (1) GENERAL POWERS AND DUTIES.--In the performance of, 25 and in conjunction with, its other powers and duties, the 26 governing board of a water management district existing 27 pursuant to this chapter: 28 (a) Shall engage in planning to assist counties, 29 municipalities, special districts, publicly owned and 30 privately owned water private utilities, multi-jurisdictional 31 water supply entities, or regional water supply authorities in 15 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 meeting water supply needs in such manner as will give 2 priority to encouraging conservation and reducing adverse 3 environmental effects of improper or excessive withdrawals of 4 water from concentrated areas. As used in this section and s. 5 373.196, regional water supply authorities are regional water 6 authorities created under s. 373.1962 or other laws of this 7 state. 8 (b) Shall assist counties, municipalities, special 9 districts, publicly owned or privately owned water private 10 utilities, multi-jurisdictional water supply entities, or 11 regional water supply authorities in meeting water supply 12 needs in such manner as will give priority to encouraging 13 conservation and reducing adverse environmental effects of 14 improper or excessive withdrawals of water from concentrated 15 areas. 16 (c) May establish, design, construct, operate, and 17 maintain water production and transmission facilities for the 18 purpose of supplying water to counties, municipalities, 19 special districts, publicly owned and privately owned water 20 private utilities, multi-jurisdictional water supply entities, 21 or regional water supply authorities. The permit required by 22 part II of this chapter for a water management district 23 engaged in water production and transmission shall be granted, 24 denied, or granted with conditions by the department. 25 (d) Shall not engage in local water supply 26 distribution. 27 (e) Shall not deprive, directly or indirectly, any 28 county wherein water is withdrawn of the prior right to the 29 reasonable and beneficial use of water which is required to 30 supply adequately the reasonable and beneficial needs of the 31 county or any of the inhabitants or property owners therein. 16 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 (f) May provide water and financial assistance to 2 regional water supply authorities, but may not provide water 3 to counties and municipalities which are located within the 4 area of such authority without the specific approval of the 5 authority or, in the event of the authority's disapproval, the 6 approval of the Governor and Cabinet sitting as the Land and 7 Water Adjudicatory Commission. The district may supply water 8 at rates and upon terms mutually agreed to by the parties or, 9 if they do not agree, as set by the governing board and 10 specifically approved by the Governor and Cabinet sitting as 11 the Land and Water Adjudicatory Commission. 12 (g) May acquire title to such interest as is necessary 13 in real property, by purchase, gift, devise, lease, eminent 14 domain, or otherwise, for water production and transmission 15 consistent with this section and s. 373.196. However, the 16 district shall not use any of the eminent domain powers herein 17 granted to acquire water and water rights already devoted to 18 reasonable and beneficial use or any water production or 19 transmission facilities owned by any county, municipality, 20 special districts, or regional water supply authority. The 21 district may exercise eminent domain powers outside of its 22 district boundaries for the acquisition of pumpage facilities, 23 storage areas, transmission facilities, and the normal 24 appurtenances thereto, provided that at least 45 days prior to 25 the exercise of eminent domain, the district notifies the 26 district where the property is located after public notice and 27 the district where the property is located does not object 28 within 45 days after notification of such exercise of eminent 29 domain authority. 30 (h) In addition to the power to issue revenue bonds 31 pursuant to s. 373.584, may issue revenue bonds for the 17 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 purposes of paying the costs and expenses incurred in carrying 2 out the purposes of this chapter or refunding obligations of 3 the district issued pursuant to this section. Such revenue 4 bonds shall be secured by, and be payable from, revenues 5 derived from the operation, lease, or use of its water 6 production and transmission facilities and other water-related 7 facilities and from the sale of water or services relating 8 thereto. Such revenue bonds may not be secured by, or be 9 payable from, moneys derived by the district from the Water 10 Management Lands Trust Fund or from ad valorem taxes received 11 by the district. All provisions of s. 373.584 relating to the 12 issuance of revenue bonds which are not inconsistent with this 13 section shall apply to the issuance of revenue bonds pursuant 14 to this section. The district may also issue bond 15 anticipation notes in accordance with the provisions of s. 16 373.584. 17 (i) May join with one or more other water management 18 districts, counties, municipalities, special districts, 19 publicly owned or privately owned water private utilities, 20 multi-jurisdictional water supply entities, or regional water 21 supply authorities for the purpose of carrying out any of its 22 powers, and may contract with such other entities to finance 23 acquisitions, construction, operation, and maintenance. The 24 contract may provide for contributions to be made by each 25 party thereto, for the division and apportionment of the 26 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 18 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 BUDGET.--The water management districts shall implement its 2 responsibilities as expeditiously as possible in areas subject 3 to regional water supply plans. Each district's governing 4 board shall include in its annual budget the amount needed for 5 the fiscal year to assist in implementing alternative water 6 supply development projects. 7 (2) The Legislature finds that, due to a combination 8 of factors, vastly increased demands have been placed on 9 natural supplies of fresh water, and that, absent increased 10 development of alternative water supplies, such demands may 11 increase in the future. The Legislature also finds that 12 potential exists in the state for the production of 13 significant quantities of alternative water supplies, 14 including reclaimed water, and that water production includes 15 the development of alternative water supplies, including 16 reclaimed water, for appropriate uses. It is the intent of the 17 Legislature that utilities develop reclaimed water systems, 18 where reclaimed water is the most appropriate alternative 19 water supply option, to deliver reclaimed water to as many 20 users as possible through the most cost-effective means, and 21 to construct reclaimed water system infrastructure to their 22 owned or operated properties and facilities where they have 23 reclamation capability. It is also the intent of the 24 Legislature that 25 (3)FUNDING.--(a) The water management districts and the 26 state shall which levy ad valorem taxes for water management 27 purposes should share a percentage of those tax revenues with 28 water providers and users, including local governments, water, 29 wastewater, and reuse utilities, municipal, special district, 30 industrial, and agricultural water users, and other public and 31 private water users, to be used to supplement other funding 19 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 sources in the development of alternative water supplies. The 2 Legislature finds that public moneys or services provided to 3 private entities for such uses constitute public purposes 4 which are in the public interest. In order to further the 5 development and use of alternative water supply systems, 6 including reclaimed water systems, the Legislature provides 7 the following: 8 (b) Beginning in fiscal year 2005-2006, the state 9 shall annually provide a portion of those revenues received 10 from the sale of bonds authorized in s. 215.6197 for the 11 purpose of providing funding assistance for the development of 12 alternative water supplies pursuant to the Water Protection 13 and Sustainability Program. At the beginning of each fiscal 14 year, beginning with fiscal year 2005-2006, such revenues 15 shall be distributed by the department into the alternative 16 water supply trust fund accounts created by each district for 17 the purpose of alternative supply development under the 18 following funding formula: 19 1. Forty percent to the South Florida Water Management 20 District, 21 2. Twenty-five percent to the Southwest Florida Water 22 Management District, 23 3. Twenty-five percent to the St. Johns River Water 24 Management District, 25 4. Five percent to the Suwannee River Water Management 26 District, and 27 5. Five percent to the Northwest Florida Water 28 Management District. 29 (c) The financial assistance for alternative water 30 supply projects allocated in each district's budget as 31 required in s. 373.196(6) shall be combined with the state 20 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 funds and used to assist in funding the capital costs of 2 alternative water supply projects selected by the governing 3 board. In the case where the district has not completed any 4 regional water supply plan, or the regional water supply plan 5 does not identify the need for any alternative water supply 6 projects, funds deposited in that district's trust fund may be 7 used for water resource development projects, including but 8 not limited to springs protection. 9 (d) All projects submitted to the governing board for 10 consideration shall reflect the total cost for implementation. 11 The costs shall be segregated pursuant to the categories 12 described in the definition of capital costs. 13 (e) Applicants for projects that may receive funding 14 assistance pursuant to the Water Protection and Sustainability 15 Program shall, at a minimum, be required to pay 60 percent of 16 the projects total costs. The water management districts may, 17 at their discretion, wave this requirement for projects 18 sponsored by financially disadvantaged small local governments 19 as defined in s. 403.885(5). 20 (f) The governing boards shall determine those 21 projects that will be eligible for financial assistance. The 22 governing boards may establish factors to determine project 23 eligibility, however, significant weight shall be given to 24 those projects with factors that consider: 25 1. Whether the project provides substantial 26 environmental benefits by preventing or limiting adverse water 27 resource impacts. 28 2. Whether the project reduces competition for water 29 supplies. 30 3. Whether the project brings about replacement of 31 traditional sources in order to help implement a minimum flow 21 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 or level or a reservation. 2 4. Whether the project will be implemented by a 3 consumptive use permittee that has achieved the targets 4 contained in a goal based water conservation program approved 5 pursuant to s. 373.227. 6 5. The quantity of water supplied by the project as 7 compared to its cost. 8 6. Projects in which the construction and delivery to 9 end users of reuse water is a major component. 10 7. Whether the project will be implemented by a 11 multi-jurisdictional water supply entity or regional water 12 supply authority. 13 (g) Additional factors to be considered in determining 14 project eligibility shall include: 15 1. Whether the project is part of a plan to implement 16 two or more alternative water supply projects, all of which 17 will be operated to produce water at a uniform rate for the 18 participants in a multi-jurisdictional water supply entity or 19 regional water supply authority. 20 2. The percentage of project costs to be funded by the 21 water supplier or water user. 22 3. Whether the project proposal includes sufficient 23 preliminary planning and engineering to demonstrate that the 24 project can reasonably be implemented within the timeframes 25 provided in the regional water supply plan. 26 4. Whether the project is a subsequent phase of an 27 alternative water supply project underway. 28 5. Whether and in what percentage a local government 29 or local government utility is transferring water supply 30 system revenues to the local government general fund in excess 31 of reimbursements for services received from the general fund 22 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 including direct and indirect costs and legitimate payments in 2 lieu of taxes. 3 (h) After conducting one or more meetings to solicit 4 public input on eligible projects for implementation of 5 alternative water supply projects, the governing board of each 6 water management district shall select projects for funding 7 assistance based upon the above criteria and the project being 8 identified or listed as an alternative water supply 9 development option in the regional water supply plan. 10 Alternatively, the governing board may select and allocate up 11 to 20 percent of the funding for alternative water supply 12 projects not identified or listed in the regional water supply 13 plan but which are consistent with the goals of the plan. 14 (a) The governing boards of the water management 15 districts where water resource caution areas have been 16 designated shall include in their annual budgets an amount for 17 the development of alternative water supply systems, including 18 reclaimed water systems, pursuant to the requirements of this 19 subsection. Beginning in 1996, such amounts shall be made 20 available to water providers and users no later than December 21 31 of each year, through grants, matching grants, revolving 22 loans, or the use of district lands or facilities pursuant to 23 the requirements of this subsection and guidelines established 24 by the districts. In making grants or loans, funding priority 25 must be given to projects in accordance with s. 373.0831(4). 26 (i) Without diminishing amounts available through 27 other means described in this paragraph, the governing boards 28 are encouraged to consider establishing revolving loan funds 29 to expand the total funds available to accomplish the 30 objectives of this section. A revolving loan fund created 31 under this paragraph must be a nonlapsing fund from which the 23 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 water management district may make loans with interest rates 2 below prevailing market rates to public or private entities 3 for the purposes described in this section. The governing 4 board may adopt resolutions to establish revolving loan funds 5 which must specify the details of the administration of the 6 fund, the procedures for applying for loans from the fund, the 7 criteria for awarding loans from the fund, the initial 8 capitalization of the fund, and the goals for future 9 capitalization of the fund in subsequent budget years. 10 Revolving loan funds created under this paragraph must be used 11 to expand the total sums and sources of cooperative funding 12 available for the development of alternative water supplies. 13 The Legislature does not intend for the creation of revolving 14 loan funds to supplant or otherwise reduce existing sources or 15 amounts of funds currently available through other means. 16 (j) For each utility that receives financial 17 assistance from the state or a water management district for 18 alternative water supply development projects, the appropriate 19 rate-setting authority must develop rate structures for all 20 water, wastewater, and other alternative water facilities in 21 the service area of the utility receiving assistance. Rate 22 structures must: 23 1. Promote the development of alternative water supply 24 systems; 25 2. Promote the conservation of water; 26 3. Appropriately distribute costs among all the users 27 of water, wastewater, and alternative water supplies within 28 the service area; and 29 4. Prohibit rate discrimination within classes of 30 utility users. 31 (b) It is the intent of the Legislature that for each 24 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 reclaimed water utility, or any other utility, which receives 2 funds pursuant to this subsection, the appropriate 3 rate-setting authorities should develop rate structures for 4 all water, wastewater, and reclaimed water and other 5 alternative water supply utilities in the service area of the 6 funded utility, which accomplish the following: 7 1. Provide meaningful progress toward the development 8 and implementation of alternative water supply systems, 9 including reclaimed water systems; 10 2. Promote the conservation of fresh water withdrawn 11 from natural systems; 12 3. Provide for an appropriate distribution of costs 13 for all water, wastewater, and alternative water supply 14 utilities, including reclaimed water utilities, among all of 15 the users of those utilities; and 16 4. Prohibit rate discrimination within classes of 17 utility users. 18 (c) Funding assistance provided by the water 19 management districts for a water reuse system project may 20 include the following grant or loan conditions for that 21 project if the water management district determines that such 22 conditions will encourage water use efficiency: 23 1. Metering of reclaimed water use for the following 24 activities: residential irrigation, agricultural irrigation, 25 industrial uses except for electric utilities as defined in s. 26 366.02(2), landscape irrigation, irrigation of other public 27 access areas, commercial and institutional uses such as toilet 28 flushing, and transfers to other reclaimed water utilities. 29 2. Implementation of reclaimed water rate structures 30 based on actual use of reclaimed water for the types of reuse 31 activities listed in subparagraph 1. 25 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 3. Implementation of education programs to inform the 2 public about water issues, water conservation, and the 3 importance and proper use of reclaimed water. 4 4. Development of location data for key reuse 5 facilities. 6 (d) In order to be eligible for funding pursuant to 7 this subsection, a project must be consistent with a local 8 government comprehensive plan and the governing body of the 9 local government must require all appropriate new facilities 10 within the project's service area to connect to and use the 11 project's alternative water supplies. The appropriate local 12 government must provide written notification to the 13 appropriate district that the proposed project is consistent 14 with the local government comprehensive plan. 15 (e) Any and all revenues disbursed pursuant to this 16 subsection shall be applied only for the payment of capital or 17 infrastructure costs for the construction of alternative water 18 supply systems that provide alternative water supplies. 19 (k)1.(f) By January 1 of each year, The governing 20 boards shall establish a process make available written 21 guidelines for the disbursal of revenues pursuant to this 22 subsection. Such guidelines shall include at minimum: 23 1. An application process and a deadline for filing 24 applications annually. 25 2. A process for determining project eligibility 26 pursuant to the requirements of paragraphs (d) and (e). 27 3. A process and criteria for funding projects 28 pursuant to this subsection that cross district boundaries or 29 that serve more than one district. 30 (g) The governing board of each water management 31 district shall establish an alternative water supplies grants 26 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 advisory committee to recommend to the governing board 2 projects for funding pursuant to this subsection. The advisory 3 committee members shall include, but not be limited to, one or 4 more representatives of county, municipal, and investor-owned 5 private utilities, and may include, but not be limited to, 6 representatives of agricultural interests and environmental 7 interests. Each committee member shall represent his or her 8 interest group as a whole and shall not represent any specific 9 entity. The committee shall apply the guidelines and project 10 eligibility criteria established by the governing board in 11 reviewing proposed projects. After one or more hearings to 12 solicit public input on eligible projects, the committee shall 13 rank the eligible projects and shall submit them to the 14 governing board for final funding approval. The advisory 15 committee may submit to the governing board more projects than 16 the available grant money would fund. 17 (l)(h) All revenues made available annually pursuant 18 to this subsection must be encumbered annually by the 19 governing board when if it approves projects sufficient to 20 expend the available revenues. Funds must be disbursed within 21 36 months after encumbrance. 22 (i) For purposes of this subsection, alternative water 23 supplies are supplies of water that have been reclaimed after 24 one or more public supply, municipal, industrial, commercial, 25 or agricultural uses, or are supplies of stormwater, or 26 brackish or salt water, that have been treated in accordance 27 with applicable rules and standards sufficient to supply the 28 intended use. 29 (m)(j) This subsection shall not be subject to the 30 rulemaking requirements of chapter 120. 31 (n)(k) By March 1 January 30 of each year, as part of 27 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 a consolidated annual report, each water management district 2 shall submit a an annual report to the Governor, the President 3 of the Senate, and the Speaker of the House of Representatives 4 which accounts for the disbursal of all budgeted amounts 5 pursuant to this section subsection. Such report shall 6 describe all alternative water supply projects funded as well 7 as the quantity of new water to be created as a result of such 8 projects and shall account separately for any other moneys 9 provided through grants, matching grants, revolving loans, and 10 the use of district lands or facilities to implement regional 11 water supply plans. 12 (o)(l) The Florida Public Service Commission shall 13 allow entities under its jurisdiction constructing or 14 participating in constructing facilities that provide 15 alternative water supplies supply facilities, including but 16 not limited to aquifer storage and recovery wells, to recover 17 their the full, prudently incurred cost of such facilities 18 through their rate structure. If construction of a facility or 19 participating in constructing is pursuant to or in furtherance 20 of a regional water supply plan, the cost shall be deemed to 21 be prudently incurred. Every component of an alternative water 22 supply facility constructed by an investor-owned utility shall 23 be recovered in current rates. Any state or water management 24 district cost-share shall not be subject to the recovery 25 provisions allowed in this paragraph. 26 (4) FUNDING FOR REUSE.--Funding assistance provided by 27 the water management districts for a water reuse system may 28 include the following conditions for that project if a water 29 management district determines that such conditions will 30 encourage water use efficiency: 31 (a) Metering of reclaimed water use for residential 28 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 irrigation, agricultural irrigation, industrial uses, except 2 for electric utilities as defined in s. 366.02(2), landscape 3 irrigation, golf course irrigation, irrigation of other public 4 access areas, commercial and institutional uses such as toilet 5 flushing, and transfers to other reclaimed water utilities; 6 (b) Implementation of reclaimed water rate structures 7 based on actual use of reclaimed water for the reuse 8 activities listed in paragraph (a); 9 (c) Implementation of education programs to inform the 10 public about water issues, water conservation, and the 11 importance and proper use of reclaimed water; or 12 (d) Development of location data for key reuse 13 facilities. 14 Section 7. Subsections (1) and (5) of section 15 373.1962, Florida Statutes, are amended to read: 16 373.1962 Regional water supply authorities.-- 17 (1) By interlocal agreement between counties, 18 municipalities, or special districts, as applicable agreement 19 between local governmental units created or existing pursuant 20 to the provisions of Art. VIII of the State Constitution, 21 pursuant to the Florida Interlocal Cooperation Act of 1969, s. 22 163.01, and upon the approval of the Secretary of 23 Environmental Protection to ensure that such agreement will be 24 in the public interest and complies with the intent and 25 purposes of this act, regional water supply authorities may be 26 created for the purpose of developing, recovering, storing, 27 and supplying water for county or municipal purposes in such a 28 manner as will give priority to reducing adverse environmental 29 effects of excessive or improper withdrawals of water from 30 concentrated areas. In approving said agreement the Secretary 31 of Environmental Protection shall consider, but not be limited 29 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 to, the following: 2 (a) Whether the geographic territory of the proposed 3 authority is of sufficient size and character to reduce the 4 environmental effects of improper or excessive withdrawals of 5 water from concentrated areas. 6 (b) The maximization of economic development of the 7 water resources within the territory of the proposed 8 authority. 9 (c) The availability of a dependable and adequate 10 water supply. 11 (d) The ability of any proposed authority to design, 12 construct, operate, and maintain water supply facilities in 13 the locations, and at the times necessary, to ensure that an 14 adequate water supply will be available to all citizens within 15 the authority. 16 (e) The effect or impact of any proposed authority on 17 any municipality, county, or existing authority or 18 authorities. 19 (f) The existing needs of the water users within the 20 area of the authority. 21 (5) Each county, special district, or municipality 22 which is a party to an agreement pursuant to subsection (1) 23 shall have a preferential right to purchase water from the 24 regional water supply authority for use by such county, 25 special district, or municipality. 26 Section 8. Subsection (5) is added to section 373.223, 27 Florida Statutes, to read: 28 373.223 Conditions for a permit.-- 29 (5) In evaluating an application for consumptive use 30 of water that proposes the use of an alternative water supply 31 project as described in the regional water supply plan and 30 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 that provides reasonable assurances of the applicant's 2 capability to design, construct, operate, and maintain such 3 project, the governing board or department shall presume the 4 alternative water supply use is consistent with the public 5 interest under s. 373.223(1)(c). Nothing in this subsection 6 shall effect evaluation of the use pursuant to the provisions 7 of ss. 373.223(1)(a), 373.223(1)(b), 373.223(2), 373.223(3), 8 373.2295, and 373.233. 9 Section 9. Subsection (4) is added to section 373.236, 10 Florida Statutes, to read: 11 373.236 Duration of permits; compliance reports.-- 12 (4) Permits approved for the development of 13 alternative water supplies shall be granted for a term of at 14 least 20 years. However, if the permittee issues bonds for the 15 construction of the project, then upon request of the 16 permittee prior to the expiration of the permit, such permit 17 shall be extended for such additional time as may be required 18 for the retirement of bonds, not including any refunding or 19 refinancing of such bonds, provided that the governing board 20 determines that the use continues to meet the conditions for 21 the issuance of the permit. Such a permit shall be subject to 22 compliance reports under subsection (3). 23 Section 10. Section 373.459, Florida Statutes, is 24 amended to read: 25 373.459 Funds for surface water improvement and 26 management.-- 27 (1) Legislative appropriations provided to the water 28 management districts for surface water improvement and 29 management activities shall be available for detailed planning 30 and plan and program implementation. 31 (2) All entities receiving state funding for the 31 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 implementation of programs specified in ss. 373.451-373.459, 2 including water management districts, federal, local, and 3 regional agencies, universities, and nonprofit or private 4 organizations, shall provide a 50-percent match of cash or 5 in-kind services towards the implementation of the specific 6 project for which it is contracting. 7 (3)(2) The Ecosystem Management and Restoration Trust 8 Fund shall be used for the deposit of funds appropriated by 9 the Legislature for the purposes of ss. 373.451-373.4595. The 10 department shall administer all funds appropriated to or 11 received for surface water improvement and management 12 activities. Expenditure of the moneys shall be limited to the 13 costs of detailed planning and plan and program implementation 14 for priority surface water bodies. Moneys from the fund shall 15 not be expended for planning for, or construction or expansion 16 of, treatment facilities for domestic or industrial waste 17 disposal. 18 (4)(3) The department shall authorize the release of 19 money from the fund in accordance with the provisions of s. 20 373.501(2) and procedures in s. 373.59(4) and (5). 21 (5)(4) Moneys in the fund which are not needed to meet 22 current obligations incurred under this section shall be 23 transferred to the State Board of Administration, to the 24 credit of the trust fund, to be invested in the manner 25 provided by law. Interest received on such investments shall 26 be credited to the trust fund. 27 Section 11. Section 373.0361, Florida Statutes, is 28 amended to read: 29 (Substantial rewording of section. See 30 s. 373.0361, F.S., for present text) 31 373.0361 Regional water supply planning.-- 32 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 (1) The governing board of each water management 2 district shall conduct water supply planning for any water 3 supply planning region within the district identified in the 4 appropriate district water supply plan under s. 373.036, where 5 it determines that existing sources of water are not adequate 6 to supply water for all existing and future 7 reasonable-beneficial uses and to sustain the water resources 8 and related natural systems for the planning period. The 9 planning must be conducted in an open public process, in 10 coordination and cooperation with local governments, regional 11 water supply authorities, government-owned and privately owned 12 water utilities, self-suppliers, and other affected and 13 interested parties. The districts will actively engage in 14 public education and outreach to all affected local entities 15 and their officials, as well as members of the public, in the 16 planning process and in seeking input. During preparation, but 17 prior to completion of the regional water supply plan, the 18 district must conduct at least one public workshop to discuss 19 the technical data and modeling tools anticipated to be used 20 to support the regional water supply plan. The district shall 21 also hold several public meetings to communicate the status, 22 overall conceptual intent, and impacts of the plan on existing 23 and future reasonable-beneficial uses and natural systems. A 24 determination by the governing board that initiation of a 25 regional water supply plan for a specific planning region is 26 not needed pursuant to this section shall be subject to s. 27 120.569. The governing board shall reevaluate such a 28 determination at least once every 5 years and shall initiate a 29 regional water supply plan, if needed, pursuant to this 30 subsection. 31 (2) Each regional water supply plan shall be based on 33 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 at least a 20-year planning period and shall include, but is 2 not limited to: 3 (a) A water supply development component for each 4 water supply planning region identified by the district that 5 includes: 6 1. A quantification of the water supply needs for all 7 existing and future reasonable-beneficial uses within the 8 planning horizon. The level-of-certainty planning goal 9 associated with identifying the water supply needs of existing 10 and future reasonable-beneficial uses shall be based upon 11 meeting those needs for a 1-in-10-year drought event. 12 Population projections used for determining public water 13 supply needs must be based upon the best available data. In 14 determining the best available data, the district shall 15 consider the University of Florida's Bureau of Economic and 16 Business Research (BEBR) medium population projections and any 17 population projection data and analysis submitted by a local 18 government pursuant to the public workshop described in 19 subsection (1) if the data and analysis support the local 20 government's comprehensive plan. Any adjustment of or 21 deviation from the BEBR projections must be fully described, 22 and the original BEBR data must be presented along with the 23 adjusted data. 24 2. A list of water supply development project options, 25 including traditional and alternative water supply project 26 options, from which local government, government-owned and 27 privately owned utilities, self-suppliers, and others may 28 choose for water supply development. In addition to projects 29 listed by the district, such users may propose specific 30 projects for inclusion in the list of alternative water supply 31 projects. In the event such users propose a project to be 34 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 listed as an alternative water supply project, the district 2 shall determine whether it meets the goals of the plan and 3 will be included in the list. The total capacity of the 4 projects or options included in the plan shall exceed the 5 needs identified in subparagraph 1., and shall take into 6 account water conservation and other demand management 7 measures, as well as water resources constraints, including 8 adopted minimum flows and levels and water reservations. 9 Where the district determines it is appropriate, the plan 10 should specifically identify the need for multi-jurisdictional 11 approaches to project options that, based on planning level 12 analysis, are appropriate to supply the intended uses and 13 that, based on such analysis, appear to be permittable and 14 financially and technically feasible. 15 3. For each project option identified in subparagraph 16 2., the following shall be provided: 17 a. An estimate of the amount of water to become 18 available through the project. 19 b. The timeframe in which the project option should be 20 implemented and the estimated planning level costs for capital 21 investment and operating and maintaining the project. 22 c. An analysis of funding needs and sources of 23 possible funding options. 24 d. Identification of the entity that should implement 25 each project option and the current status of project 26 implementation. 27 (b) A water resource development component that 28 includes: 29 1. A listing of those water resource development 30 projects that support water supply development. 31 2. For each water resource development project listed: 35 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 a. An estimate of the amount of water to become 2 available through the project. 3 b. The timeframe in which the project option should be 4 implemented and the estimated planning level costs for capital 5 investment and operating and maintaining the project. 6 c. An analysis of funding needs and sources of 7 possible funding options. 8 d. Identification of the entity that should implement 9 each project option and the current status of project 10 implementation. 11 (c) The recovery and prevention strategy described in 12 s. 373.0421(2). 13 (d) A funding strategy for water resource development 14 projects, which shall be reasonable and sufficient to pay the 15 cost of constructing or implementing all of the listed 16 projects. 17 (e) Consideration of how the project options addressed 18 in paragraph (a) serve the public interest or save costs 19 overall by preventing the loss of natural resources or 20 avoiding greater future expenditures for water resource 21 development or water supply development. However, unless 22 adopted by rule, these considerations do not constitute final 23 agency action. 24 (f) The technical data and information applicable to 25 each planning region which are necessary to support the 26 regional water supply plan. 27 (g) The minimum flows and levels established for water 28 resources within each planning region. 29 (h) Reservations of water adopted by rule pursuant to 30 s. 373.223(4) within each planning region. 31 (i) Identification of surface waters or aquifers for 36 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 which minimum flows and levels are scheduled to be adopted. 2 (j) An analysis, developed in cooperation with the 3 department, of areas or instances in which the variance 4 provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to 5 create water supply development or water resource development 6 projects. 7 (3) The water supply development component of a 8 regional water supply plan which deals with or affects public 9 utilities and public water supply for those areas served by a 10 regional water supply authority and its member governments 11 within the boundary of the Southwest Florida Water Management 12 District shall be developed jointly by the authority and the 13 district. In areas not served by regional water supply 14 authorities, or other multi-jurisdictional water supply 15 entities, and where opportunities exist to meet water supply 16 needs more efficiently through multi-jurisdictional projects 17 identified pursuant to s. 373.1962(2), water management 18 districts are directed to assist in developing 19 multi-jurisdictional approaches to water supply project 20 development jointly with affected water utilities, special 21 districts, and local governments. 22 (4) Governing board approval of a regional water 23 supply plan shall not be subject to the rulemaking 24 requirements of chapter 120. However, any portion of an 25 approved regional water supply plan which affects the 26 substantial interests of a party shall be subject to s. 27 120.569. 28 (5) Annually and in conjunction with the reporting 29 requirements of s. 373.536(6)(a)4., the department shall 30 submit to the Governor and the Legislature a report on the 31 status of regional water supply planning in each district. The 37 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 report shall include: 2 (a) A compilation of the estimated costs of and 3 potential sources of funding for water resource development 4 and water supply development projects as identified in the 5 water management district regional water supply plans. 6 (b) The percentage and amount, by district, of 7 district ad valorem tax revenues or other district funds made 8 available to develop alternative water supplies. 9 (c) A description of each district's progress toward 10 achieving its water resource development objectives, including 11 the district's implementation of its 5-year water resource 12 development work program. 13 (d) An assessment of the specific progress being made 14 to implement each alternative water supply project option 15 chosen by the entities identified for implementation in the 16 plan. 17 (6) Nothing contained in the water supply development 18 component of a regional water supply plan shall be construed 19 to require local governments, government-owned or privately 20 owned water utilities, special districts, self-suppliers, 21 regional water supply authorities, self suppliers, or other 22 water suppliers to select a water supply development project 23 identified in the component merely because it is identified in 24 the plan. Except as provided in s. 373.223(3) and s. 25 373.223(5), the plan may not be used in the review of permits 26 under part II unless the plan, or an applicable portion 27 thereof, has been adopted by rule. However, this subsection 28 does not prohibit a water management district from employing 29 the data or other information used to establish the plan in 30 reviewing permits under part II nor does it limit the 31 authority of the department or governing board under part II. 38 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 (7) Where the water supply component of a water supply 2 planning region shows the need for one or more alternative 3 water supply projects, the district shall notify the affected 4 local governments and make every reasonable effort to educate 5 and involve local public officials in working toward solutions 6 in conjunction with the districts and, where appropriate, 7 other local and regional water supply entities. 8 (a) Within 1 year after governing board approval of a 9 regional water supply plan, each entity identified in 10 sub-subparagraph (2)(a)3.d. shall provide written notification 11 to the water management district of the following: the water 12 supply projects or options that it has developed or intends to 13 develop, if any; an estimate of the quantity of water to be 14 produced by each project; the status of project 15 implementation, including development of the financial plan, 16 facilities master planning, permitting, and efforts in 17 coordinating multi-jurisdictional projects, if applicable. The 18 information provided in the notification shall be updated on 19 an annual basis and a progress report shall be provided by 20 November 15 of each year to the water management district. If 21 an entity proposes a water supply project that is not in the 22 plan, the entity shall request that the water management 23 district consider the project for inclusion in the regional 24 water supply plan. 25 (8) For any regional water supply plan that is 26 scheduled to be updated before December 31, 2005, the deadline 27 for such update shall be extended to December 1, 2006. 28 Section 12. Paragraph (c) of subsection (6) of section 29 163.3177, Florida Statutes, is amended to read: 30 163.3177 Required and optional elements of 31 comprehensive plan; studies and surveys.-- 39 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 (6) In addition to the requirements of subsections 2 (1)-(5), the comprehensive plan shall include the following 3 elements: 4 (c) A general sanitary sewer, solid waste, drainage, 5 potable water, and natural groundwater aquifer recharge 6 element correlated to principles and guidelines for future 7 land use, indicating ways to provide for future potable water, 8 drainage, sanitary sewer, solid waste, and aquifer recharge 9 protection requirements for the area. The element may be a 10 detailed engineering plan including a topographic map 11 depicting areas of prime groundwater recharge. The element 12 shall describe the problems and needs and the general 13 facilities that will be required for solution of the problems 14 and needs. The element shall also include a topographic map 15 depicting any areas adopted by a regional water management 16 district as prime groundwater recharge areas for the Floridan 17 or Biscayne aquifers, pursuant to s. 373.0395. These areas 18 shall be given special consideration when the local government 19 is engaged in zoning or considering future land use for said 20 designated areas. For areas served by septic tanks, soil 21 surveys shall be provided which indicate the suitability of 22 soils for septic tanks. By December 1, 2006, or within 12 23 months after the governing board approves an updated regional 24 water supply plan, whichever occurs later, the element must 25 incorporate the alternative water supply projects identified 26 in the regional water supply plan pursuant to s. 27 373.0361(2)(a) as applicable to the jurisdiction of the local 28 government or proposed by the local government under s. 29 373.0361(7)(a) consider the appropriate water management 30 district's regional water supply plan approved pursuant to s. 31 373.0361. The element must identify such alternative water 40 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 supply projects and traditional water supply projects and 2 conservation and reuse, necessary to meet the water needs 3 identified in s. 373.0361(2)(a) within the local government's 4 jurisdiction and include a work plan, covering the 5 comprehensive plan's established at least a 10-year planning 6 period, for building public, private, and regional water 7 supply facilities, including development of alternative water 8 supplies, which that are identified in the element as 9 necessary to serve existing and new development and for which 10 the local government is responsible. The work plan shall be 11 updated, at a minimum, every 5 years within 12 months after 12 the governing board of a water management district approves an 13 updated regional water supply plan. Local governments, public 14 and private utilities, regional water supply authorities, and 15 water management districts are encouraged to cooperatively 16 plan for the development of multi-jurisdictional water supply 17 facilities sufficient to meet projected demands for 18 established planning periods, including the development of 19 alternative water sources to supplement traditional sources of 20 ground and surface water supplies. Amendments to incorporate 21 the work plan do not count toward the limitation on the 22 frequency of adoption of amendments to the comprehensive plan. 23 Section 13. Paragraph (a) of subsection (2) of section 24 163.3180, Florida Statutes, is amended to read: 25 163.3180 Concurrency.-- 26 (2)(a) Consistent with public health and safety, 27 sanitary sewer, solid waste, drainage, adequate water 28 supplies, and potable water facilities shall be in place and 29 available to serve new development no later than certificate 30 of occupancy the issuance by the local government's approval 31 to commence construction government of a certificate of 41 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 occupancy or its functional equivalent. 2 Section 14. Paragraph (l) of subsection (2) of section 3 163.3191, Florida Statutes, is amended to read: 4 163.3191 Evaluation and appraisal of comprehensive 5 plan.-- 6 (2) The report shall present an evaluation and 7 assessment of the comprehensive plan and shall contain 8 appropriate statements to update the comprehensive plan, 9 including, but not limited to, words, maps, illustrations, or 10 other media, related to: 11 (l) The report must evaluate whether the local 12 government has been successful in identifying water supply 13 sources, including conservation and reuse, necessary to meet 14 existing and projected water use demand for the comprehensive 15 plan's established planning period. The evaluation must 16 consider the appropriate water management district's regional 17 water supply plan approved pursuant to s. 373.0361. The report 18 must evaluate the degree to which the local government has 19 implemented the work plan for water supply facilities included 20 in the potable water element. The potable water element must 21 be revised to include a work plan, covering at least a 10-year 22 planning period, for building any water supply facilities that 23 are identified in the element as necessary to serve existing 24 and new development and for which the local government is 25 responsible. 26 Section 15. Subsections (6), (7), (8), and (11) of 27 section 403.067, Florida Statutes, are amended to read: 28 403.067 Establishment and implementation of total 29 maximum daily loads.-- 30 (6) CALCULATION AND ALLOCATION.-- 31 (a) Calculation of total maximum daily load. 42 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 1. Prior to developing a total maximum daily load 2 calculation for each water body or water body segment on the 3 list specified in subsection (4), the department shall 4 coordinate with applicable local governments, water management 5 districts, the Department of Agriculture and Consumer 6 Services, other appropriate state agencies, local soil and 7 water conservation districts, environmental groups, regulated 8 interests, and affected pollution sources to determine the 9 information required, accepted methods of data collection and 10 analysis, and quality control/quality assurance requirements. 11 The analysis may include mathematical water quality modeling 12 using approved procedures and methods. 13 2. The department shall develop total maximum daily 14 load calculations for each water body or water body segment on 15 the list described in subsection (4) according to the priority 16 ranking and schedule unless the impairment of such waters is 17 due solely to activities other than point and nonpoint sources 18 of pollution. For waters determined to be impaired due solely 19 to factors other than point and nonpoint sources of pollution, 20 no total maximum daily load will be required. A total maximum 21 daily load may be required for those waters that are impaired 22 predominantly due to activities other than point and nonpoint 23 sources. The total maximum daily load calculation shall 24 establish the amount of a pollutant that a water body or water 25 body segment may receive from all sources without exceeding 26 water quality standards, and shall account for seasonal 27 variations and include a margin of safety that takes into 28 account any lack of knowledge concerning the relationship 29 between effluent limitations and water quality. The total 30 maximum daily load may be based on a pollutant load reduction 31 goal developed by a water management district, provided that 43 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 such pollutant load reduction goal is promulgated by the 2 department in accordance with the procedural and substantive 3 requirements of this subsection. 4 (b) Allocation of total maximum daily loads.--The 5 total maximum daily loads shall include establishment of 6 reasonable and equitable allocations of the total maximum 7 daily load between or among point and nonpoint sources that 8 will alone, or in conjunction with other management and 9 restoration activities, provide for the attainment of the 10 pollutant reductions established pursuant to paragraph (a) to 11 achieve water quality standards for the pollutant causing 12 impairment water quality standards and the restoration of 13 impaired waters. The allocations may establish the maximum 14 amount of the water pollutant from a given source or category 15 of sources that may be discharged or released into the water 16 body or water body segment in combination with other 17 discharges or releases. Allocations may also be made to 18 individual basins and sources or as a whole to all basins and 19 sources or categories of sources of inflow to the water body 20 or water body segments. An initial allocation of allowable 21 pollutant loads between or among point and nonpoint sources 22 may be developed as part of the total maximum daily load. 23 However, in such cases, the detailed allocation to specific 24 point sources and specific categories of nonpoint sources 25 shall be established in the basin management action plan 26 pursuant to subsection (7). The initial and detailed 27 allocations shall be designed to attain the pollutant 28 reductions established pursuant to paragraph (a) water quality 29 standards and shall be based on consideration of the 30 following: 31 1. Existing treatment levels and management practices; 44 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 2. Best management practices established and 2 implemented pursuant to paragraph (7)(c); 3 3. Enforceable treatment levels established pursuant 4 to state or local law or permit; 5 4.2. Differing impacts pollutant sources and forms of 6 pollutant may have on water quality; 7 5.3. The availability of treatment technologies, 8 management practices, or other pollutant reduction measures; 9 6.4. Environmental, economic, and technological 10 feasibility of achieving the allocation; 11 7.5. The cost benefit associated with achieving the 12 allocation; 13 8.6. Reasonable timeframes for implementation; 14 9.7. Potential applicability of any moderating 15 provisions such as variances, exemptions, and mixing zones; 16 and 17 10.8. The extent to which nonattainment of water 18 quality standards is caused by pollution sources outside of 19 Florida, discharges that have ceased, or alterations to water 20 bodies prior to the date of this act. 21 (c) Not later than February 1, 2001, the department 22 shall submit a report to the Governor, the President of the 23 Senate, and the Speaker of the House of Representatives 24 containing recommendations, including draft legislation, for 25 any modifications to the process for allocating total maximum 26 daily loads, including the relationship between allocations 27 and the watershed or basin management planning process. Such 28 recommendations shall be developed by the department in 29 cooperation with a technical advisory committee which includes 30 representatives of affected parties, environmental 31 organizations, water management districts, and other 45 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 appropriate local, state, and federal government agencies. The 2 technical advisory committee shall also include such members 3 as may be designated by the President of the Senate and the 4 Speaker of the House of Representatives. 5 (c)(d) Adoption of rules.--The total maximum daily 6 load calculations and allocations established under this 7 subsection for each water body or water body segment shall be 8 adopted by rule by the secretary pursuant to ss. 120.536(1), 9 120.54, and 403.805. Where additional data collection and 10 analysis are needed to increase the scientific precision and 11 accuracy of the total maximum daily load, the department is 12 authorized to adopt phased total maximum daily loads that are 13 subject to change as additional data becomes available. Where 14 phased total maximum daily loads are proposed the department 15 shall, in the detailed statement of facts and circumstances 16 justifying the rule, explain why the data are inadequate so as 17 to justify a phased total maximum daily load. The rules 18 adopted pursuant to this paragraph shall not be subject to 19 approval by the Environmental Regulation Commission. As part 20 of the rule development process, the department shall hold at 21 least one public workshop in the vicinity of the water body or 22 water body segment for which the total maximum daily load is 23 being developed. Notice of the public workshop shall be 24 published not less than 5 days nor more than 15 days before 25 the public workshop in a newspaper of general circulation in 26 the county or counties containing the water bodies or water 27 body segments for which the total maximum daily load 28 calculation and allocation are being developed. 29 (7) DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS AND 30 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-- 31 (a) Basin Management Action Plans.-- 46 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 1. In developing and implementing the total maximum 2 daily load for a water body, the department, or the department 3 in conjunction with a water management district, may develop a 4 basin management action plan that addresses some or all of the 5 watersheds and basins tributary to the water body. Such a plan 6 shall integrate the appropriate management strategies 7 available to the state through existing water quality 8 protection programs to achieve the total maximum daily loads 9 and may provide for phased implementation of these management 10 strategies to promote timely, cost-effective actions as 11 provided for in s. 403.151. The plan shall establish a 12 schedule for implementing the management strategies, the plan, 13 and identify feasible funding strategies to implement the 14 plan's management strategies. The management strategies may 15 include regional treatment systems or other public works, 16 where appropriate, to achieve the needed pollutant load 17 reductions. 18 2. A basin management action plan shall equitably 19 allocate, pursuant to paragraph (6)(b), pollutant reductions 20 to individual basins, as a whole to all basins, or to each 21 identified point source or category of nonpoint sources, as 22 appropriate. For nonpoint sources for which best management 23 practices have been adopted, the initial requirement specified 24 by the plan shall be those practices developed pursuant to 25 paragraph (c). Where appropriate, the plan may provide 26 pollutant-load-reduction credits to dischargers that have 27 implemented management strategies to reduce pollutant loads, 28 including best management practices, prior to the development 29 of the basin management action plan. The plan shall also 30 identify the mechanisms by which potential future sources of 31 pollution will be addressed, whether the future source is a 47 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 result of the expansion of or increased loading from an 2 existing source, a land-use change, a new discharge, or 3 similar circumstances. 4 3. The basin management action planning process is 5 intended to involve the broadest possible range of interested 6 parties, with the objective of encouraging the greatest amount 7 of cooperation and consensus possible. In developing a basin 8 management action plan, the department shall assure that key 9 stakeholders, including, but not limited to, applicable local 10 governments, water management districts, the Department of 11 Agriculture and Consumer Services, other appropriate state 12 agencies, local soil and water conservation districts, 13 environmental groups, regulated interests, and affected 14 pollution sources, are invited to participate in the process. 15 The department shall hold at least one public meeting in the 16 vicinity of the watershed or basin to discuss and receive 17 comments during the planning process and shall otherwise 18 encourage public participation to the greatest practical 19 extent. Notice of the public meeting shall be published in a 20 newspaper of general circulation in each county in which the 21 watershed or basin lies not less than 5 days nor more than 15 22 days before the public meeting. A basin management action plan 23 shall not supplant or otherwise alter any assessment made 24 under subsection (3) or subsection (4), or any calculation or 25 preliminary allocation made under subsection (6). 26 4. The department shall adopt all or any part of a 27 basin management action plan by secretarial order pursuant to 28 chapter 120 to implement the provisions of this section. If a 29 basin management action plan alters the calculation or 30 preliminary allocation made under subsection (6), the revised 31 calculation or final allocation shall be adopted by rule. 48 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 5. The basin management action plan shall include 2 milestones for implementation and water quality improvement, 3 and an associated water quality monitoring component 4 sufficient to evaluate whether reasonable progress in 5 pollutant load reductions is being achieved over time. An 6 assessment of progress toward these milestones shall be 7 conducted every five years and revisions to the plan shall be 8 made as appropriate. Revisions to the basin management 9 strategies required for nonpoint sources shall follow the 10 procedures set forth in subparagraph (c)4. Revised basin 11 management action plans shall be adopted pursuant to 12 subparagraph 4. 13 (b)(a) Total Maximum Daily Load Implementation.-- 14 1. The department shall be the lead agency in 15 coordinating the implementation of the total maximum daily 16 loads through existing water quality protection programs. 17 Application of a total maximum daily load by a water 18 management district shall be consistent with this section and 19 shall not require the issuance of an order or a separate 20 action pursuant to s. 120.536(1) or s. 120.54 for adoption of 21 the calculation and allocation previously established by the 22 department. Management strategies to achieve the total maximum 23 daily load Such programs may include, but are not limited to: 24 a.1. Permitting and other existing regulatory 25 programs, including water quality based effluent limitations; 26 b.2. Nonregulatory and incentive-based programs, 27 including best management practices, cost sharing, waste 28 minimization, pollution prevention, agreements established 29 pursuant to s. 403.061(21), and public education; 30 c.3. Other water quality management and restoration 31 activities, for example surface water improvement and 49 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 management plans approved by water management districts or 2 watershed or basin management plans developed pursuant to this 3 subsection; 4 d.4. Pollutant trading or other equitable economically 5 based agreements; 6 e.5. Public works including capital facilities; or 7 f.6. Land acquisition. 8 2. For a basin management action plan adopted pursuant 9 to subparagraph (a)4., any management strategies and pollutant 10 reduction requirements associated with a pollutant of concern 11 for which a total maximum daily load was developed, including 12 effluent limits set forth for a discharger subject to NPDES 13 permitting, if any, shall be included in a timely manner in 14 subsequent NPDES permits or permit modifications for that 15 discharger. The department shall not impose limits or 16 conditions implementing an adopted total maximum daily load in 17 a NPDES permit until the permit expires, the discharge is 18 modified, or the permit is re-opened pursuant to an adopted 19 basin management action plan. 20 a. For holders of NPDES municipal separate storm sewer 21 system permits and other stormwater sources, implementation of 22 a total maximum daily load or basin management action plan 23 shall be achieved, to the maximum extent practicable, through 24 the use of best management practices or other management 25 measures. 26 b. The basin management action plan does not relieve 27 the discharger from any requirement to obtain, renew, or 28 modify a NPDES permit or to abide by other requirements of the 29 permit, including effluent limits and other requirements 30 associated with other pollutants. 31 c. Management strategies set forth in a basin 50 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 management action plan to be implemented by a discharger 2 subject to permitting by the department shall be completed 3 pursuant to the schedule set forth in the basin management 4 action plan. This implementation schedule may extend beyond 5 the 5-year term of a NPDES permit. 6 d. Management strategies and pollution reduction 7 requirements set forth in a basin management action plan for a 8 specific pollutant of concern shall not be subject to 9 challenge under chapter 120 at the time it is incorporated, in 10 an identical form, into a subsequent NPDES permit or permit 11 modification. 12 e. For nonagricultural pollutant sources not subject 13 to NPDES permitting but permitted pursuant to other state, 14 regional, or local water quality programs, the pollutant 15 reduction actions adopted in a basin management action plan 16 shall be implemented to the maximum extent practicable as part 17 of those permitting programs. 18 f. A nonpoint source discharger included in a basin 19 management action plan shall demonstrate compliance with the 20 pollutant reductions established pursuant to subsection (6) by 21 either implementing the appropriate best management practices 22 established pursuant to paragraph (c) or conducting water 23 quality monitoring prescribed by the department or a water 24 management district. 25 g. A nonpoint source discharger included in a basin 26 management action plan may be subject to enforcement action by 27 the department or a water management district based upon the 28 failure to implement the responsibilities set forth in 29 sub-subparagraph f. 30 h. A landowner, discharger, or other responsible 31 person who is implementing applicable management strategies 51 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 specified in an adopted basin management action plan shall not 2 be required by permit, enforcement action, or otherwise to 3 implement additional management strategies to reduce pollutant 4 loads to attain the pollutant reductions pursuant to 5 subsection (6) and shall be deemed to be in compliance with 6 this section. This subparagraph does not limit the authority 7 of the department to amend a basin management action plan as 8 specified in subparagraph (a)5. 9 (b) In developing and implementing the total maximum 10 daily load for a water body, the department, or the department 11 in conjunction with a water management district, may develop a 12 watershed or basin management plan that addresses some or all 13 of the watersheds and basins tributary to the water body. 14 These plans will serve to fully integrate the management 15 strategies available to the state for the purpose of 16 implementing the total maximum daily loads and achieving water 17 quality restoration. The watershed or basin management 18 planning process is intended to involve the broadest possible 19 range of interested parties, with the objective of encouraging 20 the greatest amount of cooperation and consensus possible. The 21 department or water management district shall hold at least 22 one public meeting in the vicinity of the watershed or basin 23 to discuss and receive comments during the planning process 24 and shall otherwise encourage public participation to the 25 greatest practical extent. Notice of the public meeting shall 26 be published in a newspaper of general circulation in each 27 county in which the watershed or basin lies not less than 5 28 days nor more than 15 days before the public meeting. A 29 watershed or basin management plan shall not supplant or 30 otherwise alter any assessment made under s. 403.086(3) and 31 (4), or any calculation or allocation made under s. 52 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 403.086(6). 2 (c) Best Management Practices.-- 3 1. The department, in cooperation with the water 4 management districts and other interested parties, as 5 appropriate, may develop suitable interim measures, best 6 management practices, or other measures necessary to achieve 7 the level of pollution reduction established by the department 8 for nonagricultural nonpoint pollutant sources in allocations 9 developed pursuant to subsection (6) and this subsection 10 paragraph (6)(b). These practices and measures may be adopted 11 by rule by the department and the water management districts 12 pursuant to ss. 120.536(1) and 120.54, and where adopted by 13 rule, shall may be implemented by those parties responsible 14 for nonagricultural nonpoint source pollution pollutant 15 sources and the department and the water management districts 16 shall assist with implementation. Where interim measures, best 17 management practices, or other measures are adopted by rule, 18 the effectiveness of such practices in achieving the levels of 19 pollution reduction established in allocations developed by 20 the department pursuant to paragraph (6)(b) shall be verified 21 by the department. Implementation, in accordance with 22 applicable rules, of practices that have been verified by the 23 department to be effective at representative sites shall 24 provide a presumption of compliance with state water quality 25 standards and release from the provisions of s. 376.307(5) for 26 those pollutants addressed by the practices, and the 27 department is not authorized to institute proceedings against 28 the owner of the source of pollution to recover costs or 29 damages associated with the contamination of surface or ground 30 water caused by those pollutants. Such rules shall also 31 incorporate provisions for a notice of intent to implement the 53 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 practices and a system to assure the implementation of the 2 practices, including recordkeeping requirements. Where water 3 quality problems are detected despite the appropriate 4 implementation, operation, and maintenance of best management 5 practices and other measures according to rules adopted under 6 this paragraph, the department or the water management 7 districts shall institute a reevaluation of the best 8 management practice or other measures. 9 2.(d)1. The Department of Agriculture and Consumer 10 Services may develop and adopt by rule pursuant to ss. 11 120.536(1) and 120.54 suitable interim measures, best 12 management practices, or other measures necessary to achieve 13 the level of pollution reduction established by the department 14 for agricultural pollutant sources in allocations developed 15 pursuant to subsection (6) and this subsection paragraph 16 (6)(b). These practices and measures may be implemented by 17 those parties responsible for agricultural pollutant sources 18 and the department, the water management districts, and the 19 Department of Agriculture and Consumer Services shall assist 20 with implementation. Where interim measures, best management 21 practices, or other measures are adopted by rule, the 22 effectiveness of such practices in achieving the levels of 23 pollution reduction established in allocations developed by 24 the department pursuant to paragraph (6)(b) shall be verified 25 by the department. Implementation, in accordance with 26 applicable rules, of practices that have been verified by the 27 department to be effective at representative sites shall 28 provide a presumption of compliance with state water quality 29 standards and release from the provisions of s. 376.307(5) for 30 those pollutants addressed by the practices, and the 31 department is not authorized to institute proceedings against 54 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 the owner of the source of pollution to recover costs or 2 damages associated with the contamination of surface or ground 3 water caused by those pollutants. In the process of developing 4 and adopting rules for interim measures, best management 5 practices, or other measures, the Department of Agriculture 6 and Consumer Services shall consult with the department, the 7 Department of Health, the water management districts, 8 representatives from affected farming groups, and 9 environmental group representatives. Such rules shall also 10 incorporate provisions for a notice of intent to implement the 11 practices and a system to assure the implementation of the 12 practices, including recordkeeping requirements. Where water 13 quality problems are detected despite the appropriate 14 implementation, operation, and maintenance of best management 15 practices and other measures according to rules adopted under 16 this paragraph, the Department of Agriculture and Consumer 17 Services shall institute a reevaluation of the best management 18 practice or other measure. 19 3. Where interim measures, best management practices, 20 or other measures are adopted by rule, the effectiveness of 21 such practices in achieving the levels of pollution reduction 22 established in allocations developed by the department 23 pursuant to subsection (6) and this subsection shall be 24 verified at representative sites by the department. The 25 department shall use its best professional judgment in making 26 the initial verification that the best management practices 27 are effective and, where applicable, shall notify the 28 appropriate water management district and the Department of 29 Agriculture and Consumer Services of its initial verification 30 prior to the adoption of a rule proposed pursuant to this 31 paragraph. Implementation, in accordance with rules adopted 55 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 under this paragraph, of practices that have been initially 2 verified to be effective, or verified to be effective by 3 monitoring at representative sites, by the department, shall 4 provide a presumption of compliance with state water quality 5 standards and release from the provisions of s. 376.307(5) for 6 those pollutants addressed by the practices, and the 7 department is not authorized to institute proceedings against 8 the owner of the source of pollution to recover costs or 9 damages associated with the contamination of surface or ground 10 water caused by those pollutants. 11 4. Where water quality problems are demonstrated in 12 the development or amendment of a basin management action 13 plan, despite the appropriate implementation, operation, and 14 maintenance of best management practices and other measures 15 according to rules adopted under this paragraph, the 16 department, a water management district, or the Department of 17 Agriculture and Consumer Services, shall institute a 18 reevaluation of the best management practice or other measure. 19 Should the reevaluation determine that the best management 20 practice or other measure requires modification, the 21 department, a water management district, or the Department of 22 Agriculture and Consumer Services, as appropriate, shall 23 revise the rule to require implementation of the modified 24 practice within a reasonable time period as specified in the 25 rule. 26 5.2. Individual agricultural records relating to 27 processes or methods of production, or relating to costs of 28 production, profits, or other financial information which are 29 otherwise not public records, which are reported to the 30 Department of Agriculture and Consumer Services pursuant to 31 subparagraphs 3. and 4. this paragraph or pursuant to any rule 56 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 adopted pursuant to subparagraph 2. this paragraph shall be 2 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 3 of the State Constitution. Upon request of the department or 4 any water management district, the Department of Agriculture 5 and Consumer Services shall make such individual agricultural 6 records available to that agency, provided that the 7 confidentiality specified by this subparagraph for such 8 records is maintained. This subparagraph is subject to the 9 Open Government Sunset Review Act of 1995 in accordance with 10 s. 119.15, and shall stand repealed on October 2, 2006, unless 11 reviewed and saved from repeal through reenactment by the 12 Legislature. 13 (6)(e) The provisions of subparagraphs 1. and 2. 14 paragraphs (c) and (d) shall not preclude the department or 15 water management district from requiring compliance with water 16 quality standards or with current best management practice 17 requirements set forth in any applicable regulatory program 18 authorized by law for the purpose of protecting water quality. 19 Additionally, subparagraphs 1. and 2. paragraphs (c) and (d) 20 are applicable only to the extent that they do not conflict 21 with any rules adopted promulgated by the department that are 22 necessary to maintain a federally delegated or approved 23 program. 24 (8) RULES.--The department is authorized to adopt 25 rules pursuant to ss. 120.536(1) and 120.54 for: 26 (a) Delisting water bodies or water body segments from 27 the list developed under subsection (4) pursuant to the 28 guidance under subsection (5); 29 (b) Administration of funds to implement the total 30 maximum daily load and basin management action planning 31 programs program; 57 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 (c) Procedures for pollutant trading among the 2 pollutant sources to a water body or water body segment, 3 including a mechanism for the issuance and tracking of 4 pollutant credits. Such procedures may be implemented through 5 permits or other authorizations and must be legally binding;. 6 No rule implementing a pollutant trading program shall become 7 effective prior to review and ratification by the Legislature; 8 and 9 (d) The total maximum daily load calculation in 10 accordance with paragraph (6)(a) immediately upon the 11 effective date of this act, for those eight water segments 12 within Lake Okeechobee proper as submitted to the United 13 States Environmental Protection Agency pursuant to subsection 14 (2); and. 15 (e) Implementation of other specific provisions. 16 17 Prior to adopting rules for pollutant trading under paragraph 18 (c), and no later than November 30, 2006, the Department of 19 Environmental Protection shall submit a report to the 20 Governor, the President of the Senate, and the Speaker of the 21 House of Representatives containing recommendations on such 22 rules, including the proposed basis for equitable economically 23 based agreements and the tracking and accounting of pollution 24 credits or other similar mechanisms. Such recommendations 25 shall be developed in cooperation with a technical advisory 26 committee that includes experts in pollutant trading and 27 representatives of potentially affected parties. 28 (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.-- 29 (a) The department shall not implement, without prior 30 legislative approval, any additional regulatory authority 31 pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part 58 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 130, if such implementation would result in water quality 2 discharge regulation of activities not currently subject to 3 regulation. 4 (b) Interim measures, best management practices, or 5 other measures may be developed and voluntarily implemented 6 pursuant to subparagraphs paragraph (7)(c) 1. and 2. or 7 paragraph (7)(d) for any water body or segment for which a 8 total maximum daily load or allocation has not been 9 established. The implementation of such pollution control 10 programs may be considered by the department in the 11 determination made pursuant to subsection (4). 12 Section 16. Paragraph (c) of subsection (3) of section 13 373.4595, Florida Statutes, is amended to read: 14 373.4595 Lake Okeechobee Protection Program.-- 15 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection 16 program for Lake Okeechobee that achieves phosphorus load 17 reductions for Lake Okeechobee shall be immediately 18 implemented as specified in this subsection. The program shall 19 address the reduction of phosphorus loading to the lake from 20 both internal and external sources. Phosphorus load reductions 21 shall be achieved through a phased program of implementation. 22 Initial implementation actions shall be technology-based, 23 based upon a consideration of both the availability of 24 appropriate technology and the cost of such technology, and 25 shall include phosphorus reduction measures at both the source 26 and the regional level. The initial phase of phosphorus load 27 reductions shall be based upon the district's Technical 28 Publication 81-2 and the district's WOD program, with 29 subsequent phases of phosphorus load reductions based upon the 30 total maximum daily loads established in accordance with s. 31 403.067. In the development and administration of the Lake 59 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 Okeechobee Protection Program, the coordinating agencies shall 2 maximize opportunities provided by federal cost-sharing 3 programs and opportunities for partnerships with the private 4 sector. 5 (c) Lake Okeechobee Watershed Phosphorus Control 6 Program.--The Lake Okeechobee Watershed Phosphorus Control 7 Program is designed to be a multifaceted approach to reducing 8 phosphorus loads by improving the management of phosphorus 9 sources within the Lake Okeechobee watershed through continued 10 implementation of existing regulations and best management 11 practices, development and implementation of improved best 12 management practices, improvement and restoration of the 13 hydrologic function of natural and managed systems, and 14 utilization of alternative technologies for nutrient 15 reduction. The coordinating agencies shall facilitate the 16 application of federal programs that offer opportunities for 17 water quality treatment, including preservation, restoration, 18 or creation of wetlands on agricultural lands. 19 1. Agricultural nonpoint source best management 20 practices, developed in accordance with s. 403.067 and 21 designed to achieve the objectives of the Lake Okeechobee 22 Protection Program, shall be implemented on an expedited 23 basis. By March 1, 2001, the coordinating agencies shall 24 develop an interagency agreement pursuant to ss. 373.046 and 25 373.406(5) that assures the development of best management 26 practices that complement existing regulatory programs and 27 specifies how those best management practices are implemented 28 and verified. The interagency agreement shall address measures 29 to be taken by the coordinating agencies during any best 30 management practice reevaluation performed pursuant to 31 sub-subparagraph d. The department shall use best professional 60 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 judgment in making the initial determination of best 2 management practice effectiveness. 3 a. As provided in s. 403.067(7)(c) s. 403.067(7)(d), 4 by October 1, 2000, the Department of Agriculture and Consumer 5 Services, in consultation with the department, the district, 6 and affected parties, shall initiate rule development for 7 interim measures, best management practices, conservation 8 plans, nutrient management plans, or other measures necessary 9 for Lake Okeechobee phosphorus load reduction. The rule shall 10 include thresholds for requiring conservation and nutrient 11 management plans and criteria for the contents of such plans. 12 Development of agricultural nonpoint source best management 13 practices shall initially focus on those priority basins 14 listed in subparagraph (b)1. The Department of Agriculture and 15 Consumer Services, in consultation with the department, the 16 district, and affected parties, shall conduct an ongoing 17 program for improvement of existing and development of new 18 interim measures or best management practices for the purpose 19 of adoption of such practices by rule. 20 b. Where agricultural nonpoint source best management 21 practices or interim measures have been adopted by rule of the 22 Department of Agriculture and Consumer Services, the owner or 23 operator of an agricultural nonpoint source addressed by such 24 rule shall either implement interim measures or best 25 management practices or demonstrate compliance with the 26 district's WOD program by conducting monitoring prescribed by 27 the department or the district. Owners or operators of 28 agricultural nonpoint sources who implement interim measures 29 or best management practices adopted by rule of the Department 30 of Agriculture and Consumer Services shall be subject to the 31 provisions of s. 403.067(7). The Department of Agriculture and 61 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 Consumer Services, in cooperation with the department and the 2 district, shall provide technical and financial assistance for 3 implementation of agricultural best management practices, 4 subject to the availability of funds. 5 c. The district or department shall conduct monitoring 6 at representative sites to verify the effectiveness of 7 agricultural nonpoint source best management practices. 8 d. Where water quality problems are detected for 9 agricultural nonpoint sources despite the appropriate 10 implementation of adopted best management practices, the 11 Department of Agriculture and Consumer Services, in 12 consultation with the other coordinating agencies and affected 13 parties, shall institute a reevaluation of the best management 14 practices and make appropriate changes to the rule adopting 15 best management practices. 16 2. Nonagricultural nonpoint source best management 17 practices, developed in accordance with s. 403.067 and 18 designed to achieve the objectives of the Lake Okeechobee 19 Protection Program, shall be implemented on an expedited 20 basis. By March 1, 2001, the department and the district shall 21 develop an interagency agreement pursuant to ss. 373.046 and 22 373.406(5) that assures the development of best management 23 practices that complement existing regulatory programs and 24 specifies how those best management practices are implemented 25 and verified. The interagency agreement shall address measures 26 to be taken by the department and the district during any best 27 management practice reevaluation performed pursuant to 28 sub-subparagraph d. 29 a. The department and the district are directed to 30 work with the University of Florida's Institute of Food and 31 Agricultural Sciences to develop appropriate nutrient 62 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 application rates for all nonagricultural soil amendments in 2 the watershed. As provided in s. 403.067(7)(c), by January 1, 3 2001, the department, in consultation with the district and 4 affected parties, shall develop interim measures, best 5 management practices, or other measures necessary for Lake 6 Okeechobee phosphorus load reduction. Development of 7 nonagricultural nonpoint source best management practices 8 shall initially focus on those priority basins listed in 9 subparagraph (b)1. The department, the district, and affected 10 parties shall conduct an ongoing program for improvement of 11 existing and development of new interim measures or best 12 management practices. The district shall adopt 13 technology-based standards under the district's WOD program 14 for nonagricultural nonpoint sources of phosphorus. 15 b. Where nonagricultural nonpoint source best 16 management practices or interim measures have been developed 17 by the department and adopted by the district, the owner or 18 operator of a nonagricultural nonpoint source shall implement 19 interim measures or best management practices and be subject 20 to the provisions of s. 403.067(7). The department and 21 district shall provide technical and financial assistance for 22 implementation of nonagricultural nonpoint source best 23 management practices, subject to the availability of funds. 24 c. The district or the department shall conduct 25 monitoring at representative sites to verify the effectiveness 26 of nonagricultural nonpoint source best management practices. 27 d. Where water quality problems are detected for 28 nonagricultural nonpoint sources despite the appropriate 29 implementation of adopted best management practices, the 30 department and the district shall institute a reevaluation of 31 the best management practices. 63 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 3. The provisions of subparagraphs 1. and 2. shall not 2 preclude the department or the district from requiring 3 compliance with water quality standards or with current best 4 management practices requirements set forth in any applicable 5 regulatory program authorized by law for the purpose of 6 protecting water quality. Additionally, subparagraphs 1. and 7 2. are applicable only to the extent that they do not conflict 8 with any rules promulgated by the department that are 9 necessary to maintain a federally delegated or approved 10 program. 11 4. Projects which reduce the phosphorus load 12 originating from domestic wastewater systems within the Lake 13 Okeechobee watershed shall be given funding priority in the 14 department's revolving loan program under s. 403.1835. The 15 department shall coordinate and provide assistance to those 16 local governments seeking financial assistance for such 17 priority projects. 18 5. Projects that make use of private lands, or lands 19 held in trust for Indian tribes, to reduce nutrient loadings 20 or concentrations within a basin by one or more of the 21 following methods: restoring the natural hydrology of the 22 basin, restoring wildlife habitat or impacted wetlands, 23 reducing peak flows after storm events, increasing aquifer 24 recharge, or protecting range and timberland from conversion 25 to development, are eligible for grants available under this 26 section from the coordinating agencies. For projects of 27 otherwise equal priority, special funding priority will be 28 given to those projects that make best use of the methods 29 outlined above that involve public-private partnerships or 30 that obtain federal match money. Preference ranking above the 31 special funding priority will be given to projects located in 64 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 a rural area of critical economic concern designated by the 2 Governor. Grant applications may be submitted by any person or 3 tribal entity, and eligible projects may include, but are not 4 limited to, the purchase of conservation and flowage 5 easements, hydrologic restoration of wetlands, creating 6 treatment wetlands, development of a management plan for 7 natural resources, and financial support to implement a 8 management plan. 9 6.a. The department shall require all entities 10 disposing of domestic wastewater residuals within the Lake 11 Okeechobee watershed and the remaining areas of Okeechobee, 12 Glades, and Hendry Counties to develop and submit to the 13 department an agricultural use plan that limits applications 14 based upon phosphorus loading. By July 1, 2005, phosphorus 15 concentrations originating from these application sites shall 16 not exceed the limits established in the district's WOD 17 program. 18 b. Private and government-owned utilities within 19 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 20 River, Okeechobee, Highlands, Hendry, and Glades Counties that 21 dispose of wastewater residual sludge from utility operations 22 and septic removal by land spreading in the Lake Okeechobee 23 watershed may use a line item on local sewer rates to cover 24 wastewater residual treatment and disposal if such disposal 25 and treatment is done by approved alternative treatment 26 methodology at a facility located within the areas designated 27 by the Governor as rural areas of critical economic concern 28 pursuant to s. 288.0656. This additional line item is an 29 environmental protection disposal fee above the present sewer 30 rate and shall not be considered a part of the present sewer 31 rate to customers, notwithstanding provisions to the contrary 65 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 in chapter 367. The fee shall be established by the county 2 commission or its designated assignee in the county in which 3 the alternative method treatment facility is located. The fee 4 shall be calculated to be no higher than that necessary to 5 recover the facility's prudent cost of providing the service. 6 Upon request by an affected county commission, the Florida 7 Public Service Commission will provide assistance in 8 establishing the fee. Further, for utilities and utility 9 authorities that use the additional line item environmental 10 protection disposal fee, such fee shall not be considered a 11 rate increase under the rules of the Public Service Commission 12 and shall be exempt from such rules. Utilities using the 13 provisions of this section may immediately include in their 14 sewer invoicing the new environmental protection disposal fee. 15 Proceeds from this environmental protection disposal fee shall 16 be used for treatment and disposal of wastewater residuals, 17 including any treatment technology that helps reduce the 18 volume of residuals that require final disposal, but such 19 proceeds shall not be used for transportation or shipment 20 costs for disposal or any costs relating to the land 21 application of residuals in the Lake Okeechobee watershed. 22 c. No less frequently than once every 3 years, the 23 Florida Public Service Commission or the county commission 24 through the services of an independent auditor shall perform a 25 financial audit of all facilities receiving compensation from 26 an environmental protection disposal fee. The Florida Public 27 Service Commission or the county commission through the 28 services of an independent auditor shall also perform an audit 29 of the methodology used in establishing the environmental 30 protection disposal fee. The Florida Public Service Commission 31 or the county commission shall, within 120 days after 66 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 completion of an audit, file the audit report with the 2 President of the Senate and the Speaker of the House of 3 Representatives and shall provide copies to the county 4 commissions of the counties set forth in sub-subparagraph b. 5 The books and records of any facilities receiving compensation 6 from an environmental protection disposal fee shall be open to 7 the Florida Public Service Commission and the Auditor General 8 for review upon request. 9 7. The Department of Health shall require all entities 10 disposing of septage within the Lake Okeechobee watershed and 11 the remaining areas of Okeechobee, Glades, and Hendry Counties 12 to develop and submit to that agency, by July 1, 2003, an 13 agricultural use plan that limits applications based upon 14 phosphorus loading. By July 1, 2005, phosphorus 15 concentrations originating from these application sites shall 16 not exceed the limits established in the district's WOD 17 program. 18 8. The Department of Agriculture and Consumer Services 19 shall initiate rulemaking requiring entities within the Lake 20 Okeechobee watershed and the remaining areas of Okeechobee, 21 Glades, and Hendry Counties which land-apply animal manure to 22 develop conservation or nutrient management plans that limit 23 application, based upon phosphorus loading. Such rules may 24 include criteria and thresholds for the requirement to develop 25 a conservation or nutrient management plan, requirements for 26 plan approval, and recordkeeping requirements. 27 9. Prior to authorizing a discharge into works of the 28 district, the district shall require responsible parties to 29 demonstrate that proposed changes in land use will not result 30 in increased phosphorus loading over that of existing land 31 uses. 67 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 10. The district, the department, or the Department of 2 Agriculture and Consumer Services, as appropriate, shall 3 implement those alternative nutrient reduction technologies 4 determined to be feasible pursuant to subparagraph (d)6. 5 Section 17. Subsection (1) of section 570.085, Florida 6 Statutes, is amended to read: 7 570.085 Department of Agriculture and Consumer 8 Services; agricultural water conservation.--The department 9 shall establish an agricultural water conservation program 10 that includes the following: 11 (1) A cost-share program, coordinated where 12 appropriate with the United States Department of Agriculture 13 and other federal, state, regional, and local agencies, for 14 irrigation system retrofit and application of mobile 15 irrigation laboratory evaluations for water conservation as 16 provided in this section and, where applicable, for water 17 quality improvement pursuant to s. 403.067(7)(c) s. 18 403.067(7)(d). 19 Section 18. Section 403.885, Florida Statutes, is 20 amended to read: 21 403.885 Storm water management; waste water 22 management; Water Quality Improvement and Water Restoration 23 Grant Program.-- 24 (1) The Department of Environmental Protection shall 25 develop and administer a competitive grant program to use 26 funds transferred pursuant to s. 212.20 to the Ecosystem 27 Management and Restoration Trust Fund or other moneys as 28 appropriated by the Legislature for storm water management, 29 waste water management, water quality improvement and water 30 restoration project grants. Eligible recipients of such grants 31 include counties, municipalities, water management districts, 68 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 and special districts that have legal responsibilities for 2 water quality improvement, water management, storm water 3 management, waste water management, and sewer system 4 operations, and lake and river water restoration projects. 5 Drinking water projects are not eligible for funding pursuant 6 to this section. 7 (2) The competitive grant program shall provide for 8 the evaluation of annual grant proposals. The department 9 shall evaluate such proposals to determine if they: 10 (a) Protect public health and the environment. 11 (b) Implement plans developed pursuant to the Surface 12 Water Improvement and Management Act created in part IV of 13 chapter 373, other water restoration plans required by law, 14 management plans prepared pursuant to s. 403.067, or other 15 plans adopted by local government for water quality 16 improvement and water restoration. 17 (3) In addition to meeting the criteria in subsection 18 (2), annual grant proposals must also meet the following 19 requirements: 20 (a) An application for a storm water management 21 project may be funded only if the application is approved by 22 the water management district with jurisdiction in the project 23 area. District approval must be based on a determination that 24 the project provides a benefit to a priority water body. 25 (b) Except as provided in paragraph (c), an 26 application for a wastewater management project may be funded 27 only if: 28 1. The project has been funded previously through a 29 line item in the General Appropriations Act; and 30 2. The project is under construction. 31 (c) An application for a wastewater management project 69 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 that would qualify as a water pollution control project and 2 activity in s. 403.1838 may be funded only if the project 3 sponsor has submitted an application to the department for 4 funding pursuant to that section. 5 (4) All project applicants must provide local matching 6 funds as follows: 7 (a) An applicant for state funding of a storm water 8 management project shall provide local matching funds equal to 9 at least 50 percent of the total cost of the project; and 10 (b) An applicant for state funding of a wastewater 11 management project shall provide matching funds equal to at 12 least 25 percent of the total cost of the project. 13 14 The requirement for matching funds may be waived if the 15 applicant is a financially disadvantaged small local 16 government as defined in subsection (5). 17 (3) The department shall evaluate the annual grant 18 proposals and present the annual list of projects recommended 19 to be funded to the Governor and the Legislature as part of 20 its annual budget request submitted pursuant to chapter 216 21 beginning with fiscal year 2003-2004. 22 (5)(4) Each fiscal year, at least 20 percent of the 23 funds available pursuant to this section subsection (1) shall 24 be used for projects to assist financially disadvantaged small 25 local governments. For purposes of this section, the term 26 "financially disadvantaged small local government" means a 27 municipality having a population of 7,500 or less, a county 28 having a population of 35,000 or less, according to the latest 29 decennial census and a per capita annual income less than the 30 state per capita annual income as determined by the United 31 States Department of Commerce, or a county in an area 70 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 designated by the Governor as a rural area of critical 2 economic concern pursuant to s. 288.0656. Grants made to these 3 eligible local governments shall not require matching local 4 funds. 5 (6)(5) No later than February 1 of Each year, storm 6 water management and waste water management water quality 7 improvement projects and water restoration projects submitted 8 for funding through the legislative process shall be submitted 9 to the department by the appropriate fiscal committees of the 10 House of Representatives and the Senate. The department shall 11 review the projects for funding eligibility and must, no later 12 than March 1 of each year, provide each fiscal committee with 13 a list of projects that appear to meet the eligibility 14 requirements under this grant program. 15 (6) The department may adopt rules necessary to 16 administer this section, including, but not limited to, rules 17 governing timeframes for submitting grant applications, 18 evaluation criteria, forms, matching criteria, maximum grant 19 amounts, and allocation of appropriated funds based upon 20 project and applicant size. 21 Section 19. Section 403.890, Florida Statutes, is 22 created to read: 23 403.890 Water Protection and Sustainability Program; 24 intent; goals; purposes.-- 25 (1) Revenues transferred from the Department of 26 Revenue pursuant to s. 215.6197 shall be deposited into the 27 Water Protection and Sustainability Program Trust Fund in the 28 Department of Environmental Protection. Revenues shall be 29 distributed by the Department of Environmental Protection in 30 the following manner: 31 (a) Forty-five percent to the Department of 71 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 Environmental Protection for the implementation of an 2 alternative water supply program as provided in s. 373.1961. 3 (b) Twenty-five percent for the implementation of best 4 management practices and capital project expenditures 5 necessary for the implementation of the goals of the total 6 maximum daily loads program established in s. 403.067. Of 7 these funds, 85 percent shall be transferred to the credit of 8 the Department of Environmental Protection Water Quality 9 Assurance Trust Fund to address water quality impacts 10 associated with nonagricultural nonpoint sources. Fifteen 11 percent of these funds shall be transferred to the Department 12 of Agriculture and Consumer Services General Inspection Trust 13 Fund to address water quality impacts associated with 14 agricultural nonpoint sources. These funds shall be used for 15 research, development, demonstration, and implementation of 16 suitable best management practices or other measures used to 17 achieve water quality standards in surface waters and water 18 segments identified pursuant to ss. 303(d) of the Clean Water 19 Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. 20 Implementation of best management practices and other measures 21 may include cost-share grants, technical assistance, 22 implementation tracking, and conservation leases or other 23 agreements for water quality improvement. The Department of 24 Environmental Protection and the Department of Agriculture and 25 Consumer Services may adopt rules governing the distribution 26 of funds for implementation of best management practices. 27 These funds shall not be used to abrogate the financial 28 responsibility of those point and nonpoint sources that have 29 contributed to the degradation of water or land areas. 30 Increased priority shall be given by the department and the 31 water management district governing boards to those projects 72 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 that have secured a cost-sharing agreement allocating 2 responsibility for the cleanup of point and nonpoint sources. 3 (c) Fifteen percent shall be disbursed for the 4 purposes of funding projects pursuant to ss. 373.451 - 373.459 5 or surface water restoration activities in water management 6 district designated priority water bodies. The Secretary of 7 Environmental Protection shall ensure that each water 8 management district receives the following percentage of funds 9 annually: 10 1. Thirty-five percent to the South Florida Water 11 Management District; 12 2. Twenty-five percent to the Southwest Florida Water 13 Management District; 14 3. Twenty-five percent to the St. John's River Water 15 Management District; 16 4. Seven and one-half percent to the Suwannee River 17 Water Management District; and 18 5. Seven and one-half percent to the Northwest Florida 19 Water Management District. 20 (d) Fifteen percent to the Department of Environmental 21 Protection for the implementation of the stormwater, drinking 22 water, and wastewater programs. These funds shall be divided 23 equally among the following programs: 24 1. The Clean Water State Revolving Loan Grants Program 25 as provided in s. 403.1835; 26 2. The Drinking Water State Revolving Loan Grant 27 Program as provided in s. 403.8532; and 28 3. The Disadvantaged Small Community Wastewater Grant 29 Program as provided in s. 403.1838. 30 31 Prior to the end of the 2008 Regular Session, the Legislature 73 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 must review the distribution of funds under the Water 2 Protection and Sustainability Program to determine if 3 revisions to the funding formula are required. At the 4 discretion of the President of the Senate and the Speaker of 5 the House of Representatives, the appropriate substantive 6 committees of the Legislature may conduct an interim project 7 to review the Water Protection and Sustainability Program and 8 the funding formula and make written recommendations to the 9 Legislature proposing necessary changes, if any. 10 Section 20. This act shall take effect upon becoming a 11 law. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 Delete everything before the enacting clause 17 18 and insert: 19 A bill to be entitled 20 An act relating to the development of water 21 supplies; amending s. 201.15, F.S.; providing 22 for the distribution of certain excise taxes on 23 documents to; the Water Protection and 24 Sustainability Program Trust Fund of the 25 Department of Environmental Protection; the 26 Invasive Plant Control Trust fund of the 27 Department of Environmental Protection; and the 28 General Inspection Trust Fund of the Department 29 of Agriculture and Consumer Services; creating 30 s. 215.6197, F.S.; establishing the Water 31 Protection and Sustainability Program; 74 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 authorizing the issuance of bonds; establishing 2 criteria for distribution of bonds for a 3 specified period; prohibiting the sale of bonds 4 under certain conditions; authorizing the 5 issuance of the water protection and 6 sustainability bonds in the best interest of 7 the state; amending s. 373.019, F.S.; creating 8 definitions for "alternative water supply"; 9 "capital costs"; and "multi-jurisdictional 10 water supply entities"; amending s. 373.196, 11 F.S.; encouraging cooperation in the 12 development of water supplies; providing for 13 alternative water supply development; 14 encouraging municipalities, counties, and 15 special districts to create regional water 16 supply authorities; establishing the primary 17 roles of the water management district in 18 alternative water supply development; 19 establishing the primary roles of local 20 governments, regional water supply authorities, 21 special districts, and publicly owned and 22 privately owned water utilities in alternative 23 water supply development; requiring the water 24 management districts to detail the specific 25 allocations to be used for alternative water 26 supply development in their annual budget 27 submission; amending s. 373.1961, F.S.; 28 providing general powers and duties of the 29 water management districts in water production; 30 requiring that the water management districts 31 include the amount needed to implement the 75 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 water supply development projects in each 2 annual budget; establishing general funding 3 criteria for funding assistance to the state or 4 water management districts; establishing 5 economic incentives for alternative water 6 supply development; creating a funding formula 7 for the distribution of state funds to the 8 water management districts for alternative 9 water supply development; requiring that 10 funding assistance for alternative water supply 11 development be limited to a percentage of the 12 local capital costs of an approved project; 13 requiring that the governing board or 14 alternative water supplies advisory committee 15 recommend alternative water supply projects for 16 funding; establishing criteria; providing for 17 cost recovery from the Public Service 18 Commission; establishing criteria for funding 19 assistance for water reuse systems; amending s. 20 373.1962, F.S.; clarifying that counties, 21 municipalities, and special districts may 22 execute interlocal agreements to create 23 regional water supply authorities; amending s. 24 373.223, F.S.; establishing criteria for 25 certain water supply entities to be presumed to 26 have a use consistent with the public interest 27 for requirements for consumptive use 28 permitting; amending s. 373.236, F.S.; 29 providing permits of at least 20 years for 30 development of alternative water supplies under 31 certain conditions; amending s. 373.459, F.S.; 76 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 requiring that entities receiving state funding 2 for implementation of surface water improvement 3 and management projects provide a 50-percent 4 match of cash or in-kind services; amending s. 5 373.0361, F.S.; providing for the development 6 of regional water supply plans; providing 7 requirements for the content of each plan; 8 providing for an approval process for the 9 plans; providing for annual updates; providing 10 for local government use of the plans; 11 providing notification requirements for water 12 management districts concerning findings within 13 the plan; changing the deadline for certain 14 plan updates; amending s. 163.3177, F.S.; 15 requiring a local government to incorporate 16 alternative water supply projects into the 17 comprehensive plan, requiring local governments 18 to identify specific projects needed ; 19 providing for cooperative planning; amending s. 20 163.3180, F.S.; requiring adequate water 21 supplies to serve new development; amending s. 22 163.3191, F.S.; requiring the evaluation and 23 appraisal report to evaluate water supply 24 sources; amending s. 403.067, F.S.; providing 25 that initial allocation of allowable pollutant 26 loads between point and nonpoint sources may be 27 developed as part of a total maximum daily 28 load; establishing criteria for establishing 29 initial and detailed allocations to attain 30 pollutant reductions; authorizing the 31 Department of Environmental Protection to adopt 77 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 phased total maximum daily loads that establish 2 incremental total maximum daily loads under 3 certain conditions; requiring the development 4 of basin management action plans; requiring 5 that basin management action plans integrate 6 the appropriate management strategies to 7 achieve the total maximum daily loads; 8 requiring that the plans establish a schedule 9 for implementing management strategies; 10 requiring that a basin management action plan 11 equitably allocate pollutant reductions to 12 individual basins; authorizing that plans may 13 provide pollutant load reduction credits to 14 dischargers that have implemented strategies to 15 reduce pollutant loads prior to the development 16 of the basin management action plan; requiring 17 that the plan identify mechanisms by which 18 potential future sources of pollution will be 19 addressed; requiring that the department assure 20 key stakeholder participation in the basin 21 management action planning process; requiring 22 that the department hold at least one public 23 meeting to discuss and receive comments during 24 the planning process; providing notice 25 requirements; requiring that the department 26 adopt all or part of a basin management action 27 plan by secretarial order pursuant to ch. 120, 28 F.S.; requiring that basin management action 29 plans that alter that calculation or initial 30 allocation of a total maximum daily load, the 31 revised calculation, or initial allocation must 78 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 be adopted by rule; requiring periodic 2 evaluation of basin management action plans; 3 requiring that revisions to plans be made by 4 the department in cooperation with 5 stakeholders; providing for basin plan 6 revisions regarding nonpoint pollutant sources; 7 requiring that adopted basin management action 8 plans be included in subsequent NPDES permits 9 or permit modifications; providing that 10 implementation of a total maximum daily load or 11 basin management action plan for holders of a 12 NPDES municipal separate storm water sewer 13 system permit may be achieved through the use 14 of best management practices; providing that 15 basin management action plans do not relieve a 16 discharger from the requirement to obtain, 17 renew, or modify a NPDES permit or to abide by 18 other requirements of the permit; requiring 19 that plan management strategies be completed 20 pursuant to the schedule set forth in the basin 21 management action plan and providing that the 22 implementation schedule may extend beyond the 23 term of a NPDES permit; providing that 24 management strategies and pollution reduction 25 requirements in a basin management action plan 26 for a specific pollutant of concern are not 27 subject to a challenge under ch. 120, F.S., at 28 the time they are incorporated, in identical 29 form, into a subsequent NPDES permit or permit 30 modification; requiring timely adoption and 31 implementation of pollutant reduction actions 79 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 for nonagricultural pollutant sources not 2 subject to NPDES permitting but regulated 3 pursuant to other state, regional, or local 4 regulatory programs; requiring timely 5 implementation of best management practices for 6 nonpoint pollutant source dischargers not 7 subject to permitting at the time a basin 8 management action plan is adopted; providing 9 for presumption of compliance under certain 10 circumstances; providing for enforcement action 11 by the department or a water management 12 district; requiring that a landowner, 13 discharger, or other responsible person that is 14 implementing management strategies specified in 15 an adopted basin management action plan will 16 not be required by permit, enforcement action, 17 or otherwise to implement additional management 18 strategies to reduce pollutant loads; providing 19 that the authority of the department to amend a 20 basin management plan is not limited; requiring 21 that the department verify at representative 22 sites the effectiveness of interim measures, 23 best management practices, and other measures 24 adopted by rule; requiring that the department 25 use its best professional judgment in making 26 initial verifications that best management 27 practices are not effective; requiring notice 28 to the appropriate water management district 29 and the Department of Agriculture and Consumer 30 Services under certain conditions; establishing 31 a presumption of compliance for implementation 80 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 of practices initially verified to be effective 2 or verified to be effective at representative 3 sites; limiting the institution of proceedings 4 by the department against the owner of a source 5 of pollution to recover costs or damages 6 associated with the contamination of surface or 7 ground water caused by those pollutants; 8 requiring the Department of Agriculture and 9 Consumer Services to institute a reevaluation 10 of best management practices or other measures 11 where water quality problems are detected or 12 predicted during the development or amendment 13 of a basin management action plan; providing 14 for rule revisions; providing the department 15 with rulemaking authority; requiring that a 16 report be submitted to the Governor, the 17 President of the Senate, and the Speaker of the 18 House of Representatives containing 19 recommendations on rules for pollutant trading 20 prior to the adoption of those rules; requiring 21 that recommendations be adopted in cooperation 22 with a technical advisory committee containing 23 experts in pollutant trading and 24 representatives of potentially affected 25 parties; deleting a requirement that no 26 pollutant trading program shall become 27 effective prior to review and ratification by 28 the Legislature; amending ss. 373.4595 and 29 570.085, F.S.; correcting cross-references; 30 amending s. 403.885, F.S.; revising 31 requirements relating to the department's grant 81 8:45 AM 04/19/05 s0444.go06.099
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 444 Barcode 550866 1 program for water quality improvement and water 2 restoration project grants; eliminating grants 3 for water quality improvement, water 4 management, and drinking water projects; 5 authorizing grants for wastewater management; 6 creating additional criteria for funding storm 7 water grants; requiring local matching funds; 8 providing an exception from matching fund 9 requirements for financially disadvantaged 10 small local governments; creating s. 403.890, 11 F.S.; establishing the Water Protection and 12 Sustainability Program; establishing a funding 13 formula for the distribution of revenues 14 generated by the bonding provisions as provided 15 in s. 215.6197, F.S.; establishing funding for 16 alternative water supply development as 17 provided in s. 373.1961, F.S., the development 18 and implementation of total maximum daily load 19 projects as provided in s. 403.067, F.S., 20 surface water improvement and management plans 21 and programs as provided in ss. 373.451 and 22 373.459, F.S., the Clean Water State Revolving 23 Loan Grants Program as provided in s. 403.1835, 24 F.S., the Drinking Water State Revolving Loan 25 Grant Program as provided in s. 403.8532, F.S., 26 and the Disadvantaged Small Community 27 Wastewater Grant Program as provided in s. 28 403.1838, F.S.; providing for Legislative 29 review; providing an effective date. 30 31 82 8:45 AM 04/19/05 s0444.go06.099
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