Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 392
                        Barcode 544118
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Environmental Preservation and Conservation
12  (Saunders) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsections (1),(2), and (3) of section
19  373.4595, Florida Statutes, are amended to read:
20         373.4595  Northern Everglades and Estuaries Lake
21  Okeechobee Protection Program.--
22         (1)  FINDINGS AND INTENT.--
23         (a)  The Legislature finds that Lake Okeechobee is one
24  of the most important water resources of the state, providing
25  many functions benefiting the public interest, including
26  agricultural, public, and environmental water supply; flood
27  control; fishing; navigation and recreation; and habitat to
28  endangered and threatened species and other flora and fauna.
29         (b)  The Legislature finds that the Caloosahatchee and
30  St. Lucie Rivers and their estuaries provide significant
31  economic value and natural habitat and biodiversity and are
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 critical water resources of the state. 2 (c) The Legislature finds that the volume and 3 distribution of water in the northern Everglades ecosystem can 4 result in discharges to the estuaries of the Caloosahatchee 5 and St. Lucie Rivers, which can cause adverse impacts and that 6 excess flows affect seagrasses, oysters, and other living 7 resources, including fisheries, in both systems. 8 (d)(b) The Legislature finds that land uses in the 9 Northern Everglades Lake Okeechobee watershed and the 10 construction of the Central and Southern Florida Project have 11 resulted in adverse changes to the hydrology and water quality 12 of Lake Okeechobee and the Caloosahatchee and St. Lucie Rivers 13 and their estuaries. These hydrology and water quality changes 14 have resulted in algal blooms and other adverse impacts to 15 water quality both in Lake Okeechobee and in downstream 16 receiving waters. 17 (e)(c) The Legislature finds that improvement to the 18 hydrology and water quality within the of Lake Okeechobee 19 watershed and the Caloosahatchee and St. Lucie Rivers and 20 their estuaries is essential to the protection of the 21 Everglades. 22 (f)(d) The Legislature also finds that it is 23 imperative for the state, local governments, and agricultural 24 and environmental communities to commit to restoring and 25 protecting the Lake Okeechobee watershed and downstream 26 receiving waters, and that a watershed-based approach to 27 address these issues must be developed and implemented 28 immediately. 29 (g)(e) The Legislature finds that phosphorus loads 30 from the Lake Okeechobee watershed have contributed to 31 excessive nutrient phosphorus levels throughout the in Lake 2 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 Okeechobee watershed and downstream receiving waters and that 2 a reduction in levels of nutrients phosphorus will benefit the 3 ecology of these systems. The excessive levels of phosphorus 4 have also resulted in an accumulation of phosphorus in the 5 sediments of Lake Okeechobee. If not removed, internal 6 phosphorus loads from the sediments are expected to delay 7 responses of the lake to external phosphorus reductions. 8 (h)(f) The Legislature finds that the Lake Okeechobee 9 phosphorus loads set forth in the South Florida Water 10 Management District's Technical Publication 81-2 represent an 11 appropriate basis for the initial phase of phosphorus load 12 reductions to Lake Okeechobee and that subsequent phases of 13 phosphorus load reductions shall be determined by the total 14 maximum daily loads established in accordance with s. 403.067 15 represent an appropriate basis for restoration. 16 (i) The Legislature finds that the Lake Okeechobee 17 Watershed Protection Plan and the Caloosahatchee and St. Lucie 18 Estuaries Protection Plans provide the technical foundation 19 for the department to develop Basin Management Action Plans as 20 needed to achieve the total maximum daily load requirements 21 pursuant to s. 403.067. 22 (j)(g) The Legislature finds that this section, in 23 conjunction with s. 403.067, including the implementation of 24 the detailed technical plan developed and approved pursuant to 25 subsections 373.4595(3) and 373.4595(5) and any related basin 26 management action plan developed and implemented pursuant to 27 s. 403.067(7)(a), provides a reasonable means of achieving and 28 maintaining compliance with state water quality standards. 29 (k) The Legislature finds that the expeditious 30 implementation of the Lake Okeechobee Watershed Protection 31 Plan and the Caloosahatchee and St. Lucie Estuaries Protection 3 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 Plans are needed to improve the quality, quantity, timing and 2 distribution of water in the northern Everglades ecosystem. 3 (l)(h) The Legislature finds that the implementation 4 of the programs contained in this section is for the benefit 5 of the public health, safety, and welfare and is in the public 6 interest. 7 (m)(i) The Legislature finds that sufficient research 8 has been conducted and sufficient plans developed to 9 immediately initiate the first phase of a program to address 10 the hydrology and water quality problems in the Lake 11 Okeechobee watershed and the Caloosahatchee and St. Lucie 12 Rivers and their downstream receiving waters. 13 (n)(j) The Legislature finds that in order to achieve 14 the goals and objectives of this section and to effectively 15 implement the Lake Okeechobee Watershed Phosphorus Control 16 Program pursuant to paragraph (3)(c), the state must 17 expeditiously implement the Lake Okeechobee Watershed 18 Protection Plan developed pursuant to paragraph (3)(a). 19 (o)(k) The Legislature finds that a continuing source 20 of funding is needed to effectively implement a nutrient 21 phosphorus control program that initially targets the most 22 significant sources contributing to nutrient phosphorus loads 23 within the Lake Okeechobee watershed and the Caloosahatchee 24 and St. Lucie Rivers and their estuaries and continues to 25 address other sources as needed to achieve the phased nutrient 26 phosphorus load reductions required under this section. 27 (p)(l) It is the intent of the Legislature to achieve 28 and maintain compliance with water quality standards in the 29 Lake Okeechobee watershed and downstream receiving waters 30 through a phased, comprehensive, and innovative protection 31 program to reduce both internal and external phosphorus loads 4 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 to Lake Okeechobee through immediate actions to achieve the 2 phosphorus load reductions set forth in Technical Publication 3 81-2 and long-term solutions based upon the total maximum 4 daily loads established in accordance with s. 403.067. This 5 program shall be watershed-based, shall provide for 6 consideration of all potential phosphorus sources, and shall 7 include research and monitoring, development and 8 implementation of best management practices, refinement of 9 existing regulations, and structural and nonstructural 10 projects, including public works. 11 (q)(m) It is the intent of the Legislature that this 12 section the Lake Okeechobee Protection Program be developed 13 and implemented in coordination with and, to the greatest 14 extent practicable, through the implementation of the 15 Comprehensive Everglades Restoration Plan Restudy project 16 components and other federal programs in order to maximize 17 opportunities for the most efficient and timely expenditures 18 of public funds. 19 (r)(n) It is the intent of the Legislature that the 20 coordinating agencies encourage and support the development of 21 creative public-private partnerships and programs, including 22 opportunities for pollutant trading and credits, to facilitate 23 or further the restoration of the Lake Okeechobee, watershed 24 and the Caloosahatchee and St. Lucie Rivers and their 25 estuaries, consistent with s. 403.067. 26 (2) DEFINITIONS.--As used in this section: 27 (a) "Best management practice" means a practice or 28 combination of practices determined by the coordinating 29 agencies, based on research, field-testing, and expert review, 30 to be the most effective and practicable on-location means, 31 including economic and technological considerations, for 5 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 improving water quality in agricultural and urban discharges. 2 Best management practices for agricultural discharges shall 3 reflect a balance between water quality improvements and 4 agricultural productivity. 5 (b) "Coordinating agencies" means the Department of 6 Agriculture and Consumer Services, the Department of 7 Environmental Protection, and the South Florida Water 8 Management District. 9 (c) "Corps of Engineers" means the United States Army 10 Corps of Engineers. 11 (d) "Department" means the Department of Environmental 12 Protection. 13 (e) "District" means the South Florida Water 14 Management District. 15 (f) "District's WOD program" means the program 16 implemented pursuant to rules adopted as authorized by this 17 section and ss. 373.016, 373.044, 373.085, 373.086, 373.109, 18 373.113, 373.118, 373.451, and 373.453, entitled "Works of the 19 District Basin." 20 (g) "Estuary" or "estuaries" means the Caloosahatchee 21 River and its tributaries and estuary or the St. Lucie River 22 and its tributaries and estuary or both rivers and their 23 tributaries and estuaries. 24 (h) "Estuary Protection Plans" means the 25 Caloosahatchee Estuary Protection Plan and the St. Lucie 26 Estuary Protection Plan developed pursuant to this section. 27 (i)(g) "Lake Okeechobee Watershed Construction 28 Project" means the construction project developed pursuant to 29 paragraph (3)(b). 30 (k)(h) "Lake Okeechobee Watershed Protection Plan" 31 means the plan developed pursuant to this section and ss. 6 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 373.451-373.459. 2 (i) "Lake Okeechobee watershed" means Lake Okeechobee 3 and the area surrounding and tributary to Lake Okeechobee, 4 composed of the surrounding hydrologic basins, as defined by 5 the Lake Okeechobee Watershed Protection Plan dated January 1, 6 2004. 7 (l)(j) "Lake Okeechobee Watershed Phosphorus Control 8 Program" means the program developed pursuant to paragraph 9 (3)(c). 10 (m)(k) "Project component" means any structural or 11 operational change, resulting from the Restudy, to the Central 12 and Southern Florida Project as it existed and was operated as 13 of January 1, 1999. 14 (n)(l) "Restudy" means the Comprehensive Review Study 15 of the Central and Southern Florida Project, for which federal 16 participation was authorized by the Federal Water Resources 17 Development Acts of 1992 and 1996 together with related 18 Congressional resolutions and for which participation by the 19 South Florida Water Management District is authorized by s. 20 373.1501. The term includes all actions undertaken pursuant to 21 the aforementioned authorizations which will result in 22 recommendations for modifications or additions to the Central 23 and Southern Florida Project. 24 (o)(m) "Total maximum daily load" means the sum of the 25 individual wasteload allocations for point sources and the 26 load allocations for nonpoint sources and natural background. 27 Prior to determining individual wasteload allocations and load 28 allocations, the maximum amount of a pollutant that a water 29 body or water segment can assimilate from all sources without 30 exceeding water quality standards must first be calculated. 31 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.--A 7 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 protection program for Lake Okeechobee that achieves 2 phosphorus load reductions for Lake Okeechobee shall be 3 immediately implemented as specified in this subsection. The 4 program shall address the reduction of phosphorus loading to 5 the lake from both internal and external sources. Phosphorus 6 load reductions shall be achieved through a phased program of 7 implementation. Initial implementation actions shall be 8 technology-based, based upon a consideration of both the 9 availability of appropriate technology and the cost of such 10 technology, and shall include phosphorus reduction measures at 11 both the source and the regional level. The initial phase of 12 phosphorus load reductions shall be based upon the district's 13 Technical Publication 81-2 and the district's WOD program, 14 with subsequent phases of phosphorus load reductions 15 Phosphorus reductions shall be based upon the total maximum 16 daily loads established in accordance with s. 403.067. In the 17 development and administration of the Lake Okeechobee 18 Watershed Protection Program, the coordinating agencies shall 19 maximize opportunities provided by federal cost-sharing 20 programs and opportunities for partnerships with the private 21 sector. 22 (a) Lake Okeechobee Watershed Protection Plan.--The 23 district, in cooperation with the other coordinating agencies, 24 shall complete a Lake Okeechobee Watershed Protection Plan in 25 accordance with this section and ss. 373.451-373.459. The plan 26 shall contain an implementation schedule for subsequent phases 27 of phosphorus load reduction consistent with the total maximum 28 daily loads established in accordance with s. 403.067. The 29 plan shall consider and build upon a review and analysis of 30 the following: 31 1. The performance of projects constructed during 8 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 Phase I of the Lake Okeechobee Watershed Construction Project, 2 pursuant to paragraph (b). 3 2. Relevant information resulting from the Lake 4 Okeechobee Watershed Phosphorus Control Program, pursuant to 5 paragraph (c). 6 3. Relevant information resulting from the Lake 7 Okeechobee Watershed Research and Water Quality Monitoring 8 Program, pursuant to paragraph (d). 9 4. Relevant information resulting from the Lake 10 Okeechobee Exotic Species Control Program, pursuant to 11 paragraph (e). 12 5. Relevant information resulting from the Lake 13 Okeechobee Internal Phosphorus Management Program, pursuant to 14 paragraph (f). 15 (b) Lake Okeechobee Watershed Construction 16 Project.--To improve the hydrology and water quality of Lake 17 Okeechobee and downstream receiving waters, the district shall 18 design and construct the Lake Okeechobee Watershed 19 Construction Project. 20 1. Phase I.--Phase I of the Lake Okeechobee Watershed 21 Construction Project shall consist of a series of project 22 features consistent with the recommendations of the South 23 Florida Ecosystem Restoration Working Group's Lake Okeechobee 24 Action Plan. Priority basins for such projects include S-191, 25 S-154, and Pools D and E in the Lower Kissimmee River. In 26 order to obtain phosphorus load reductions to Lake Okeechobee 27 as soon as possible, the following actions shall be 28 implemented: 29 a. The district shall serve as a full partner with the 30 Corps of Engineers in the design and construction of the 31 Grassy Island Ranch and New Palm Dairy stormwater treatment 9 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 facilities as components of the Lake Okeechobee Water 2 Retention/Phosphorus Removal Critical Project. The Corps of 3 Engineers shall have the lead in design and construction of 4 these facilities. Should delays be encountered in the 5 implementation of either of these facilities, the district 6 shall notify the department and recommend corrective actions. 7 b. The district shall obtain permits and complete 8 construction of two of the isolated wetland restoration 9 projects that are part of the Lake Okeechobee Water 10 Retention/Phosphorus Removal Critical Project. The additional 11 isolated wetland projects included in this critical project 12 shall further reduce phosphorus loading to Lake Okeechobee. 13 c. The district shall work with the Corps of Engineers 14 to expedite initiation of the design process for the Taylor 15 Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment 16 Area, a project component of the Restudy. The district shall 17 propose to the Corps of Engineers that the district take the 18 lead in the design and construction of the Reservoir Assisted 19 Stormwater Treatment Area and receive credit towards the local 20 share of the total cost of the Restudy. 21 2. Phase II.--By February 1, 2008 the district, in 22 cooperation with the other coordinating agencies and the Corps 23 of Engineers, shall develop a technical an implementation plan 24 for Phase II of the Lake Okeechobee Watershed Construction 25 Project. Phase II shall include a detailed technical plan for 26 the achievement of water quality standards and for the 27 improvement of the quality, quantity, timing, and distribution 28 of water in the northern Everglades ecosystem, including the 29 Lake Okeechobee watershed and the estuaries. Phase II shall 30 include construction of additional facilities in the priority 31 basins identified in subparagraph (b)1., as well as facilities 10 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 for other basins in the Lake Okeechobee watershed. This 2 detailed technical plan will require legislative approval 3 pursuant to paragraph (h) of this section. The technical 4 implementation plan shall: 5 a. Identify Lake Okeechobee Watershed Construction 6 Project facilities designed to achieve all applicable total 7 maximum daily loads established pursuant to s. 403.067 within 8 the Lake Okeechobee Watershed be constructed to achieve a 9 design objective of 40 parts per billion (ppb) for phosphorus 10 measured as a long-term flow weighted average concentration, 11 unless an allocation has been established pursuant to s. 12 403.067 for the Lake Okeechobee total maximum daily load. 13 b. Identify the size and location of all such Lake 14 Okeechobee Watershed Construction Project facilities. 15 c. Provide a construction schedule for all such Lake 16 Okeechobee Watershed Construction Project facilities, 17 including the sequencing and specific timeframe for 18 construction of each Lake Okeechobee Watershed Construction 19 Project facility. 20 d. Provide a land acquisition schedule for lands 21 necessary to achieve the construction schedule. 22 e. Provide a detailed schedule of costs associated 23 with the construction schedule. 24 f. Identify, to the maximum extent practicable, 25 impacts on wetlands and state-listed species expected to be 26 associated with construction of such facilities, including 27 potential alternatives to minimize and mitigate such impacts, 28 as appropriate. 29 g. Provide for additional measures to maximize water 30 storage in the basin to reduce excess water levels in Lake 31 Okeechobee and to reduce excess discharges to the estuaries. 11 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 h. Provide for additional source controls needed to 2 enhance performance of the Lake Okeechobee Watershed 3 Construction Project facilities. Such additional source 4 controls shall be incorporated into the Lake Okeechobee 5 Watershed Phosphorus Control Program pursuant to paragraph (c) 6 of this section. 7 3. Evaluation.--By January 1, 2004, and every 3 years 8 thereafter, the district, in cooperation with the coordinating 9 agencies, shall conduct an evaluation of any further 10 phosphorus load reductions necessary to achieve compliance 11 with all the Lake Okeechobee watershed total maximum daily 12 loads established pursuant to s. 403.067. Additionally, the 13 district shall identify modifications to facilities of the 14 Lake Okeechobee Watershed Construction Project as appropriate 15 if the total maximum daily loads are not being met if the 16 design objective of 40 parts per billion (ppb) or the 17 allocation established pursuant to s. 403.067 for the Lake 18 Okeechobee total maximum daily load established pursuant to s. 19 403.067 is not being met. The evaluation shall be included in 20 the applicable annual progress report submitted pursuant to 21 paragraph (i)(h). 22 4. Coordination and review.--To ensure the timely 23 implementation of the Lake Okeechobee Watershed Construction 24 Project, the design of project facilities shall be coordinated 25 with the department and other interested parties to the 26 maximum extent practicable. Lake Okeechobee Watershed 27 Construction Project facilities shall be reviewed and 28 commented upon by the department prior to the execution of a 29 construction contract by the district for that facility. 30 (c) Lake Okeechobee Watershed Phosphorus Control 31 Program.--The Lake Okeechobee Watershed Phosphorus Control 12 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 Program is designed to be a multifaceted approach to reducing 2 phosphorus loads by improving the management of phosphorus 3 sources within the Lake Okeechobee watershed through continued 4 implementation of existing regulations and best management 5 practices, development and implementation of improved best 6 management practices, improvement and restoration of the 7 hydrologic function of natural and managed systems, and 8 utilization of alternative technologies for nutrient 9 reduction. The coordinating agencies shall facilitate the 10 application of federal programs that offer opportunities for 11 water quality treatment, including preservation, restoration, 12 or creation of wetlands on agricultural lands. 13 1. Agricultural nonpoint source best management 14 practices, developed in accordance with s. 403.067 and 15 designed to achieve the objectives of the Lake Okeechobee 16 Watershed Protection Program, shall be implemented on an 17 expedited basis. The coordinating agencies shall develop an 18 interagency agreement pursuant to ss. 373.046 and 373.406(5) 19 that assures the development of best management practices that 20 complement existing regulatory programs and specifies how 21 those best management practices are implemented and verified. 22 The interagency agreement shall address measures to be taken 23 by the coordinating agencies during any best management 24 practice reevaluation performed pursuant to sub-subparagraph 25 d. The department shall use best professional judgment in 26 making the initial determination of best management practice 27 effectiveness. 28 a. As provided in s. 403.067(7)(c), the Department of 29 Agriculture and Consumer Services, in consultation with the 30 department, the district, and affected parties, shall initiate 31 rule development for interim measures, best management 13 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 practices, conservation plans, nutrient management plans, or 2 other measures necessary for Lake Okeechobee phosphorus load 3 reduction. The rule shall include thresholds for requiring 4 conservation and nutrient management plans and criteria for 5 the contents of such plans. Development of agricultural 6 nonpoint source best management practices shall initially 7 focus on those priority basins listed in subparagraph (b)1. 8 The Department of Agriculture and Consumer Services, in 9 consultation with 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 for the purpose of adoption of such 13 practices by rule. 14 b. Where agricultural nonpoint source best management 15 practices or interim measures have been adopted by rule of the 16 Department of Agriculture and Consumer Services, the owner or 17 operator of an agricultural nonpoint source addressed by such 18 rule shall either implement interim measures or best 19 management practices or demonstrate compliance with the 20 district's WOD program by conducting monitoring prescribed by 21 the department or the district. Owners or operators of 22 agricultural nonpoint sources who implement interim measures 23 or best management practices adopted by rule of the Department 24 of Agriculture and Consumer Services shall be subject to the 25 provisions of s. 403.067(7). The Department of Agriculture and 26 Consumer Services, in cooperation with the department and the 27 district, shall provide technical and financial assistance for 28 implementation of agricultural best management practices, 29 subject to the availability of funds. 30 c. The district or department shall conduct monitoring 31 at representative sites to verify the effectiveness of 14 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 agricultural nonpoint source best management practices. 2 d. Where water quality problems are detected for 3 agricultural nonpoint sources despite the appropriate 4 implementation of adopted best management practices, the 5 Department of Agriculture and Consumer Services, in 6 consultation with the other coordinating agencies and affected 7 parties, shall institute a reevaluation of the best management 8 practices and make appropriate changes to the rule adopting 9 best management practices. 10 2. Nonagricultural nonpoint source best management 11 practices, developed in accordance with s. 403.067 and 12 designed to achieve the objectives of the Lake Okeechobee 13 Watershed Protection Program, shall be implemented on an 14 expedited basis. The department and the district shall develop 15 an interagency agreement pursuant to ss. 373.046 and 16 373.406(5) that assures the development of best management 17 practices that complement existing regulatory programs and 18 specifies how those best management practices are implemented 19 and verified. The interagency agreement shall address measures 20 to be taken by the department and the district during any best 21 management practice reevaluation performed pursuant to 22 sub-subparagraph d. 23 a. The department and the district are directed to 24 work with the University of Florida's Institute of Food and 25 Agricultural Sciences to develop appropriate nutrient 26 application rates for all nonagricultural soil amendments in 27 the watershed. As provided in s. 403.067(7)(c), the 28 department, in consultation with the district and affected 29 parties, shall develop interim measures, best management 30 practices, or other measures necessary for Lake Okeechobee 31 phosphorus load reduction. Development of nonagricultural 15 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 nonpoint source best management practices shall initially 2 focus on those priority basins listed in subparagraph (b)1. 3 The department, the district, and affected parties shall 4 conduct an ongoing program for improvement of existing and 5 development of new interim measures or best management 6 practices. The district shall adopt technology-based standards 7 under the district's WOD program for nonagricultural nonpoint 8 sources of phosphorus. 9 b. Where nonagricultural nonpoint source best 10 management practices or interim measures have been developed 11 by the department and adopted by the district, the owner or 12 operator of a nonagricultural nonpoint source shall implement 13 interim measures or best management practices and be subject 14 to the provisions of s. 403.067(7). The department and 15 district shall provide technical and financial assistance for 16 implementation of nonagricultural nonpoint source best 17 management practices, subject to the availability of funds. 18 c. The district or the department shall conduct 19 monitoring at representative sites to verify the effectiveness 20 of nonagricultural nonpoint source best management practices. 21 d. Where water quality problems are detected for 22 nonagricultural nonpoint sources despite the appropriate 23 implementation of adopted best management practices, the 24 department and the district shall institute a reevaluation of 25 the best management practices. 26 3. The provisions of subparagraphs 1. and 2. shall not 27 preclude the department or the district from requiring 28 compliance with water quality standards or with current best 29 management practices requirements set forth in any applicable 30 regulatory program authorized by law for the purpose of 31 protecting water quality. Additionally, subparagraphs 1. and 16 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 2. are applicable only to the extent that they do not conflict 2 with any rules promulgated by the department that are 3 necessary to maintain a federally delegated or approved 4 program. 5 4. Projects which reduce the phosphorus load 6 originating from domestic wastewater systems within the Lake 7 Okeechobee watershed shall be given funding priority in the 8 department's revolving loan program under s. 403.1835. The 9 department shall coordinate and provide assistance to those 10 local governments seeking financial assistance for such 11 priority projects. 12 5. Projects that make use of private lands, or lands 13 held in trust for Indian tribes, to reduce nutrient loadings 14 or concentrations within a basin by one or more of the 15 following methods: restoring the natural hydrology of the 16 basin, restoring wildlife habitat or impacted wetlands, 17 reducing peak flows after storm events, increasing aquifer 18 recharge, or protecting range and timberland from conversion 19 to development, are eligible for grants available under this 20 section from the coordinating agencies. For projects of 21 otherwise equal priority, special funding priority will be 22 given to those projects that make best use of the methods 23 outlined above that involve public-private partnerships or 24 that obtain federal match money. Preference ranking above the 25 special funding priority will be given to projects located in 26 a rural area of critical economic concern designated by the 27 Governor. Grant applications may be submitted by any person or 28 tribal entity, and eligible projects may include, but are not 29 limited to, the purchase of conservation and flowage 30 easements, hydrologic restoration of wetlands, creating 31 treatment wetlands, development of a management plan for 17 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 natural resources, and financial support to implement a 2 management plan. 3 6.a. The department shall require all entities 4 disposing of domestic wastewater residuals within the Lake 5 Okeechobee watershed and the remaining areas of Okeechobee, 6 Glades, and Hendry Counties to develop and submit to the 7 department an agricultural use plan that limits applications 8 based upon phosphorus loading. By July 1, 2005, phosphorus 9 concentrations originating from these application sites shall 10 not exceed the limits established in the district's WOD 11 program. 12 b. Private and government-owned utilities within 13 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 14 River, Okeechobee, Highlands, Hendry, and Glades Counties that 15 dispose of wastewater residual sludge from utility operations 16 and septic removal by land spreading in the Lake Okeechobee 17 watershed may use a line item on local sewer rates to cover 18 wastewater residual treatment and disposal if such disposal 19 and treatment is done by approved alternative treatment 20 methodology at a facility located within the areas designated 21 by the Governor as rural areas of critical economic concern 22 pursuant to s. 288.0656. This additional line item is an 23 environmental protection disposal fee above the present sewer 24 rate and shall not be considered a part of the present sewer 25 rate to customers, notwithstanding provisions to the contrary 26 in chapter 367. The fee shall be established by the county 27 commission or its designated assignee in the county in which 28 the alternative method treatment facility is located. The fee 29 shall be calculated to be no higher than that necessary to 30 recover the facility's prudent cost of providing the service. 31 Upon request by an affected county commission, the Florida 18 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 Public Service Commission will provide assistance in 2 establishing the fee. Further, for utilities and utility 3 authorities that use the additional line item environmental 4 protection disposal fee, such fee shall not be considered a 5 rate increase under the rules of the Public Service Commission 6 and shall be exempt from such rules. Utilities using the 7 provisions of this section may immediately include in their 8 sewer invoicing the new environmental protection disposal fee. 9 Proceeds from this environmental protection disposal fee shall 10 be used for treatment and disposal of wastewater residuals, 11 including any treatment technology that helps reduce the 12 volume of residuals that require final disposal, but such 13 proceeds shall not be used for transportation or shipment 14 costs for disposal or any costs relating to the land 15 application of residuals in the Lake Okeechobee watershed. 16 c. No less frequently than once every 3 years, the 17 Florida Public Service Commission or the county commission 18 through the services of an independent auditor shall perform a 19 financial audit of all facilities receiving compensation from 20 an environmental protection disposal fee. The Florida Public 21 Service Commission or the county commission through the 22 services of an independent auditor shall also perform an audit 23 of the methodology used in establishing the environmental 24 protection disposal fee. The Florida Public Service Commission 25 or the county commission shall, within 120 days after 26 completion of an audit, file the audit report with the 27 President of the Senate and the Speaker of the House of 28 Representatives and shall provide copies to the county 29 commissions of the counties set forth in sub-subparagraph b. 30 The books and records of any facilities receiving compensation 31 from an environmental protection disposal fee shall be open to 19 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 the Florida Public Service Commission and the Auditor General 2 for review upon request. 3 7. The Department of Health shall require all entities 4 disposing of septage within the Lake Okeechobee watershed and 5 the remaining areas of Okeechobee, Glades, and Hendry Counties 6 to develop and submit to that agency an agricultural use plan 7 that limits applications based upon phosphorus loading. By 8 July 1, 2005, phosphorus concentrations originating from these 9 application sites shall not exceed the limits established in 10 the district's WOD program. 11 8. The Department of Agriculture and Consumer Services 12 shall initiate rulemaking requiring entities within the Lake 13 Okeechobee watershed and the estuaries the remaining areas of 14 Okeechobee, Glades, and Hendry Counties which land-apply 15 animal manure to develop conservation or nutrient management 16 plans that limit application, based upon nutrient phosphorus 17 loading. Such rules may include criteria and thresholds for 18 the requirement to develop a conservation or nutrient 19 management plan, requirements for plan approval, and 20 recordkeeping requirements. 21 9. Prior to authorizing a discharge into works of the 22 district, the district shall require responsible parties to 23 demonstrate that proposed changes in land use will not result 24 in increased phosphorus loading over that of existing land 25 uses. 26 10. The district, the department, or the Department of 27 Agriculture and Consumer Services, as appropriate, shall 28 implement those alternative nutrient reduction technologies 29 determined to be feasible pursuant to subparagraph (d)6. 30 (d) Lake Okeechobee Watershed Research and Water 31 Quality Monitoring Program.--The district, in cooperation with 20 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 the other coordinating agencies, shall establish a Lake 2 Okeechobee Watershed Research and Water Quality Monitoring 3 Program that builds upon the district's existing Lake 4 Okeechobee research program. The program shall: 5 1. Evaluate all available existing water quality data 6 concerning total phosphorus in the Lake Okeechobee watershed, 7 develop a water quality baseline to represent existing 8 conditions for total phosphorus, monitor long-term ecological 9 changes, including water quality for total phosphorus, and 10 measure compliance with water quality standards for total 11 phosphorus, including any applicable the total maximum daily 12 load for the Lake Okeechobee watershed as established pursuant 13 to s. 403.067. The district shall also implement a total 14 phosphorus monitoring program at all inflow structures owned 15 or operated by the South Florida Water Management District and 16 within the to Lake Okeechobee watershed. 17 2. Develop a Lake Okeechobee water quality model that 18 reasonably represents phosphorus dynamics of the lake and 19 incorporates an uncertainty analysis associated with model 20 predictions. 21 3. Determine the relative contribution of phosphorus 22 from all identifiable sources and all primary and secondary 23 land uses. 24 4. Conduct an assessment of the sources of phosphorus 25 from the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, 26 and their relative contribution to the water quality of Lake 27 Okeechobee. The results of this assessment shall be used by 28 the coordinating agencies to develop interim measures, best 29 management practices, or regulation, as applicable. 30 5. Assess current water management practices within 31 the Lake Okeechobee watershed and develop recommendations for 21 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 structural and operational improvements. Such recommendations 2 shall balance water supply, flood control, estuarine salinity, 3 maintenance of a healthy lake littoral zone, and water quality 4 considerations. 5 6. Evaluate the feasibility of alternative nutrient 6 reduction technologies, including sediment traps, canal and 7 ditch maintenance, fish production or other aquaculture, 8 bioenergy conversion processes, and algal or other biological 9 treatment technologies. 10 (e) Lake Okeechobee Exotic Species Control 11 Program.--The coordinating agencies shall identify the exotic 12 species that threaten the native flora and fauna within the 13 Lake Okeechobee watershed and develop and implement measures 14 to protect the native flora and fauna. 15 (f) Lake Okeechobee Internal Phosphorus Management 16 Program.--The district, in cooperation with the other 17 coordinating agencies and interested parties, shall complete a 18 Lake Okeechobee internal phosphorus load removal feasibility 19 study. The feasibility study shall be based on technical 20 feasibility, as well as economic considerations, and address 21 all reasonable methods of phosphorus removal. If methods are 22 found to be feasible, the district shall immediately pursue 23 the design, funding, and permitting for implementing such 24 methods. 25 (g) Lake Okeechobee Watershed Protection Plan 26 implementation.--The coordinating agencies shall be jointly 27 responsible for implementing the Lake Okeechobee Watershed 28 Protection Plan, consistent with the statutory authority and 29 responsibility of each agency. Annual funding priorities shall 30 be jointly established, and the highest priority shall be 31 assigned to programs and projects that address phosphorus 22 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 sources that have the highest relative contribution to 2 phosphorus loading and the greatest potential for phosphorus 3 reduction. In determining funding priorities, the coordinating 4 agencies shall also consider the need for regulatory 5 compliance, the extent to which the program or project is 6 ready to proceed, and the availability of federal matching 7 funds or other nonstate funding, including public-private 8 partnerships. Federal and other nonstate funding shall be 9 maximized to the greatest extent practicable. 10 (h) Legislative approval--The coordinating agencies 11 shall submit the Phase II technical plan developed pursuant to 12 paragraph (b) of this section to the President of the Senate 13 and the Speaker of the House of Representatives prior to the 14 2008 Legislative session for review. If the Legislature takes 15 no action on the plan during the 2008-089islative Session, the 16 plan is deemed approved and may be implemented. 17 (i)(h) Annual progress report.--Each March 1, 18 beginning in 2006, the district shall report on implementation 19 of this section as part of the consolidated annual report 20 required in s. 373.036(7). The annual report shall include a 21 summary of water quality and habitat conditions in Lake 22 Okeechobee and the Lake Okeechobee watershed and the status of 23 the Lake Okeechobee Watershed Construction Project. The 24 district shall prepare the report in cooperation with the 25 other coordinating agencies. 26 Section 2. Subsections (5),(6),(7),(8), and (9) of 27 section 373.4595, Florida Statutes, are renumbered as 28 subsections (7),(8),(9),(10), and (11), respectively, and new 29 subsections (5) and (6) are added to said section, to read: 30 373.4595 Lake Okeechobee Protection Program.-- 31 (5) CALOOSAHATCHEE AND ST. LUCIE RIVER AND ESTUARY 23 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 PROTECTION PROGRAM.--A protection program for the estuaries 2 shall be developed and implemented as specified in this 3 subsection. The program shall address the reduction of 4 pollutant loadings to the estuaries, restoration of natural 5 hydrology, and compliance with applicable state water quality 6 standards. The program shall be achieved through a phased 7 program of implementation. In addition, pollutant load 8 reductions based upon adopted total maximum daily loads 9 established in accordance with s. 403.067 shall serve as a 10 program objective. In the development and administration of 11 the program, the coordinating agencies shall maximize 12 opportunities provided by federal and local government 13 cost-sharing programs and opportunities for partnerships with 14 the private sector and local governments. 15 (a) Caloosahatchee Estuary Protection Plan.--No later 16 than January 1, 2009, the district, in cooperation with the 17 other coordinating agencies, Lee County, Hendry County and 18 other affected local governments, shall complete an Estuary 19 Protection Plan in accordance with this subsection. The plan 20 shall contain an implementation schedule for pollutant load 21 reductions consistent with any adopted total maximum daily 22 loads and compliance with applicable state water quality 23 standards. The Caloosahatchee Estuary protection Plan shall 24 include: 25 1. Caloosahatchee Estuary Construction Project.--To 26 improve the hydrology, water quality, and habitats within the 27 estuaries, the district shall, no later than January 1, 2012, 28 plan, design, and construct the initial phase of estuary 29 construction projects. In doing so, the district shall: 30 a. Develop and designate the Estuary Construction 31 Project facilities to be constructed to achieve stated goals 24 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 and objectives of the Caloosahatchee Estuary Protection Plan. 2 b. Identify the size and location of all such 3 Caloosahatchee Estuary Construction Project facilities. 4 c. Provide a construction schedule for all such 5 Estuary Construction Project facilities, including the 6 sequencing and specific timeframe for construction of each 7 Caloosahatchee Estuary Construction Project facility. 8 d. Provide a schedule for the acquisition of lands or 9 sufficient interests necessary to achieve the construction 10 schedule. 11 e. Provide a schedule of costs and benefits associated 12 with each construction project and identify funding sources. 13 f. To ensure the timely implementation of the Estuary 14 Construction Project, the design, scheduling and sequencing of 15 project facilities shall be coordinated with the coordinating 16 agencies, Lee County, Hendry County, other interested parties, 17 and other affected local governments. 18 2. Caloosahatchee Estuary Watershed Pollutant Control 19 Program.--The Caloosahatchee Estuary Watershed Pollutant 20 Control Program is designed to be a multifaceted approach to 21 reducing pollutant loads by improving the management of 22 pollutant sources within the estuary watersheds through 23 continued implementation of existing regulations and best 24 management practices, development and implementation of 25 improved best management practices, improvement and 26 restoration of the hydrologic function of natural and managed 27 systems, and utilization of alternative technologies for 28 pollutant reduction. The coordinating agencies shall 29 facilitate the utilization of federal programs that offer 30 opportunities for water quality treatment, including 31 preservation, restoration, or creation of wetlands on 25 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 agricultural lands. 2 a. Nonpoint source best management practices, designed 3 to achieve the objectives of the Estuary Protection Program, 4 shall be implemented on an expedited basis. The coordinating 5 agencies shall develop an intergovernmental agreement that 6 ensures the development of best management practices that 7 complement existing regulatory programs and specifies how such 8 best management practices are implemented and verified. The 9 coordinating agencies may enter into intergovernmental 10 agreements with local governments. The coordinating agencies 11 shall develop an intergovernmental agreement with Lee County 12 to implement this subsection within their respective 13 geographic boundaries. 14 b. Nothing in this subsection precludes the department 15 or the district from requiring compliance with water quality 16 standards, adopted total maximum daily loads, or current best 17 management practices requirements set forth in any applicable 18 regulatory program authorized by law for the purpose of 19 protecting water quality. This subsection is applicable only 20 to the extent that it does not conflict with any rules 21 promulgated by the department or district that are necessary 22 to maintain a federally delegated or approved program. 23 c. Projects that make use of private lands, or lands 24 held in trust for Indian tribes, to reduce pollutant loadings 25 or concentrations within a basin, or that reduce the volume of 26 harmful discharges from Lake Okeechobee or the estuary 27 watersheds, by one or more of the following methods: 28 restoring the natural hydrology of the basin, restoring 29 wildlife habitat or impacted wetlands, reducing peak flows 30 after storm events, or increasing aquifer recharge, are 31 eligible for grants available under this section from the 26 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 coordinating agencies. 2 d. Assess current water management practices within 3 the estuary watersheds and develop recommendations for 4 structural, nonstructural, and operational improvements. Such 5 recommendations shall consider and balance water supply, flood 6 control, estuarine salinity, estuarine habitat, and water 7 quality considerations. 8 (b) St. Lucie Estuary Protection Plan.--No later than 9 January 1, 2009 the district, in cooperation with the other 10 coordinating agencies, Martin County, St. Lucie County, and 11 other affected local governments, shall complete an Estuary 12 Protection Plan in accordance with this subsection. The plan 13 shall contain an implementation schedule for pollutant load 14 reductions consistent with any adopted total maximum daily 15 loads and compliance with applicable state water quality 16 standards. The St. Lucie Estuary Protection Plan shall 17 include: 18 1. St. Lucie Estuary Construction Project.--To improve 19 the hydrology, water quality, and habitats within the 20 estuaries, the district shall, no later than January 1, 2012, 21 plan, design, and construct the initial phase of estuary 22 construction projects. In doing so, the district shall; 23 a. Develop and designate the Estuary Construction 24 Project facilities to be constructed to achieve stated goals 25 and objectives of the St. Lucie Estuary Protection Plan. 26 b. Identify the size and location of all such St. 27 Lucie Estuary Construction Project facilities. 28 c. Provide a construction schedule for all such 29 Estuary Construction Project facilities, including the 30 sequencing and specific timeframe for construction of each St. 31 Lucie Estuary Construction Project facility. 27 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 d. Provide a schedule for the acquisition of lands or 2 sufficient interests necessary to achieve the construction 3 schedule. 4 e. Provide a schedule of costs and benefits associated 5 with each construction project and identify funding sources. 6 f. To ensure the timely implementation of the Estuary 7 Construction Project, the design, scheduling and sequencing of 8 project facilities shall be coordinated with the coordinating 9 agencies, Martin County, St. Lucie County, other interested 10 parties, and other affected local governments. 11 2. St. Lucie Estuary Watershed Pollutant Control 12 Program.--The St. Lucie Estuary Watershed Pollutant Control 13 Program is designed to be a multifaceted approach to reducing 14 pollutant loads by improving the management of pollutant 15 sources within the estuary watersheds through continued 16 implementation of existing regulations and best management 17 practices, development and implementation of improved best 18 management practices, improvement and restoration of the 19 hydrologic function of natural and managed systems, and 20 utilization of alternative technologies for pollutant 21 reduction. The coordinating agencies shall facilitate the 22 utilization of federal programs that offer opportunities for 23 water quality treatment, including preservation, restoration, 24 or creation of wetlands on agricultural lands. 25 a. Nonpoint source best management practices, designed 26 to achieve the objectives of the St. Lucie Estuary Protection 27 Program, shall be implemented on an expedited basis. The 28 coordinating agencies shall develop an intergovernmental 29 agreement that ensures the development of best management 30 practices that complement existing regulatory programs and 31 specifies how such best management practices are implemented 28 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 and verified. The coordinating agencies may enter into 2 intergovernmental agreements with local governments. The 3 coordinating agencies shall develop an intergovernmental 4 agreement with Martin County to implement this subsection 5 within their respective geographic boundaries. 6 b. Nothing in this subsection precludes the department 7 or the district from requiring compliance with water quality 8 standards, adopted total maximum daily loads, or current best 9 management practices requirements set forth in any applicable 10 regulatory program authorized by law for the purpose of 11 protecting water quality. This subsection is applicable only 12 to the extent that it does not conflict with any rules 13 promulgated by the department or district that are necessary 14 to maintain a federally delegated or approved program. 15 c. Projects that make use of private lands, or lands 16 held in trust for Indian tribes, to reduce pollutant loadings 17 or concentrations within a basin, or that reduce the volume of 18 harmful discharges from Lake Okeechobee or the estuary 19 watersheds, by one or more of the following methods: 20 restoring the natural hydrology of the basin, restoring 21 wildlife habitat or impacted wetlands, reducing peak flows 22 after storm events, or increasing aquifer recharge, are 23 eligible for grants available under this section from the 24 coordinating agencies. 25 d. Assess current water management practices within 26 the estuary watersheds and develop recommendations for 27 structural, nonstructural, and operational improvements. Such 28 recommendations shall consider and balance water supply, flood 29 control, estuarine salinity, estuarine habitat, and water 30 quality considerations. 31 (c) Estuary Protection Plan implementation.--The 29 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 coordinating agencies shall be jointly responsible for 2 implementing the Caloosahatchee and St. Lucie Estuary 3 Protection Plans, consistent with the statutory authority and 4 responsibility of each agency. Annual funding priorities 5 shall be jointly established, and the highest priority shall 6 be assigned to programs and projects that have the greatest 7 potential for achieving the goals and objectives of the plan. 8 In determining funding priorities, the coordinating agencies 9 shall also consider the need for regulatory compliance, the 10 extent to which the program or project is ready to proceed, 11 and the availability of federal or local government matching 12 funds. Federal and other non-state funding shall be maximized 13 to the greatest extent practicable. 14 (d) Legislative approval.--The coordinating agencies 15 shall submit the Caloosahatchee and St. Lucie Estuary 16 Protection Plans, developed pursuant to paragraphs (a) and (b) 17 of this section to the President of the Senate, and the 18 Speaker of the House of Representatives prior to the 2009 19 Legislative Session for review. If the Legislature takes no 20 action on the plan during the 2009 Legislative Session, the 21 plan is deemed approved and may be implemented. 22 (6) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS AND 23 DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.--Upon 24 legislative approval of the Phase II technical plan developed 25 pursuant to paragraph (3)(b) and the Estuary Protection Plans 26 developed pursuant to paragraphs (5)(a) and (b), the 27 department shall initiate development of basin management 28 action plans as provided in s. 403.067(7)(a) as follows: 29 (a) Basin management action plans shall be developed 30 as determined necessary by the department to achieve the total 31 maximum daily loads established for the Lake Okeechobee 30 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 watershed and the estuaries. 2 (b) The Phase II technical plan developed pursuant to 3 paragraph (3)(b), and the Estuary Protection Plans developed 4 pursuant to paragraphs (5)(a) and (b), shall provide the basis 5 for basin management action plans developed by the department. 6 (c) As determined necessary by the department in order 7 to achieve the total maximum daily loads, additional or 8 modified projects or programs which complement those in the 9 legislatively approved plans may be included during the 10 development of the basin management action plan. 11 (d) Development of basin management action plans which 12 implement the provisions of the legislatively approved plans 13 shall be initiated by the department no later than September 14 30 of the year in which the applicable plan is approved. 15 Where a total maximum daily load has not been established at 16 the time of plan approval, development of basin management 17 action plans shall be initiated no later than 90 days 18 following adoption of the applicable total maximum daily load. 19 Section 3. Subsection (8) of section 373.4595, Florida 20 Statutes, is amended to read: 21 373.4595 Lake Okeechobee Protection Program.-- 22 (8) RELATIONSHIP TO STATE WATER QUALITY 23 STANDARDS.--Nothing in this section shall be construed to 24 modify any existing state water quality standard or to modify 25 the provisions of ss. 403.067(6) and (7)(a). 26 Section 4. Subsection (8) of section 373.026, Florida 27 Statutes, is amended to read: 28 373.026 General powers and duties of the 29 department.--The department, or its successor agency, shall be 30 responsible for the administration of this chapter at the 31 state level. However, it is the policy of the state that, to 31 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 the greatest extent possible, the department may enter into 2 interagency or interlocal agreements with any other state 3 agency, any water management district, or any local government 4 conducting programs related to or materially affecting the 5 water resources of the state. All such agreements shall be 6 subject to the provisions of s. 373.046. In addition to its 7 other powers and duties, the department shall, to the greatest 8 extent possible: 9 (8)(a) Provide such coordination, cooperation, or 10 approval necessary to the effectuation of any plan or project 11 of the Federal Government in connection with or concerning the 12 waters in the state. Unless otherwise provided by state or 13 federal law, the department shall, subject to confirmation by 14 the Legislature, have the power to approve or disapprove such 15 federal plans or projects on behalf of the state. If such plan 16 or project is for a coastal inlet, the department shall first 17 determine the impact of the plan or project on the sandy 18 beaches in the state. If the department determines that the 19 plan will have a significant adverse impact on the sandy 20 beaches, the department may not approve the plan or project 21 unless it is revised to mitigate those impacts. 22 (b) To ensure to the greatest extent possible that 23 project components will go forward as planned, the department 24 shall collaborate with the South Florida Water Management 25 District in implementing the comprehensive plan as defined in 26 s. 373.470(2)(a), the Lake Okeechobee Watershed Protection 27 Plan as defined in s. 373.4595(2), and the Estuary Plans as 28 defined in s. 373.4595(5). Before any project component is 29 submitted to Congress for authorization or receives an 30 appropriation of state funds, the department must approve, or 31 approve with amendments, each project component within 60 days 32 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 following formal submittal of the project component to the 2 department. For the release of state funds for the 3 implementation of the comprehensive plan, department approval 4 shall be based upon a determination of the South Florida Water 5 Management District's compliance with s. 373.1501(5). For the 6 release of state funds for the implementation of the Lake 7 Okeechobee Watershed Protection Plan or the Estuary Plans, 8 department approval shall be based upon a determination of the 9 South Florida Water Management District's compliance with s. 10 373.45955. Once a project component is approved, the South 11 Florida Water Management District shall provide to the Joint 12 Legislative Committee on Everglades Oversight a schedule for 13 implementing the project component, the estimated total cost 14 of the project component, any existing federal or nonfederal 15 credits, the estimated remaining federal and nonfederal share 16 of costs, and an estimate of the amount of state funds that 17 will be needed to implement the project component. All 18 requests for an appropriation of state funds needed to 19 implement the project component shall be submitted to the 20 department, and such requests shall be included in the 21 department's annual request to the Governor. 22 (c) Notwithstanding paragraph (b), the use of state 23 funds for land purchases from willing sellers is authorized 24 for projects within the South Florida Water Management 25 District's approved 5-year plan of acquisition pursuant to s. 26 373.59 or within the South Florida Water Management District's 27 approved Florida Forever water management district work plan 28 pursuant to s. 373.199. 29 (d) The Executive Office of the Governor, pursuant to 30 its duties under s. 373.536(5) to approve or disapprove, in 31 whole or in part, the budget of each water management 33 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 district, shall review all proposed expenditures for project 2 components in the district's budget. 3 (e) The department, subject to confirmation by the 4 Legislature, shall act on behalf of the state in the 5 negotiation and consummation of any agreement or compact with 6 another state or states concerning waters of the state. 7 Section 5. Section 373.45955, Florida Statutes, is 8 created to read: 9 373.45955 South Florida Water Management District 10 responsibilities.-- 11 (1) The South Florida Water Management District shall 12 comply with its responsibilities under s. 373.4595 and 13 implement project components though appropriate provisions of 14 this section. In the development of project components, the 15 district shall: 16 (a) Analyze and evaluate all needs to be met in a 17 comprehensive manner and consider all applicable water 18 resource issues, including water supply, water quality, flood 19 protection, threatened and endangered species, and other 20 natural system and habitat needs; 21 (b) Determine with reasonable certainty that all 22 project components are feasible based upon standard 23 engineering practices and technologies and are the most 24 efficient and cost-effective of feasible alternatives, or 25 combination of alternatives, consistent with the Lake 26 Okeechobee Watershed Protection Plan and Estuary Protection 27 Plan purposes, implementation of project components, and 28 operation of the project; 29 (c) Determine with reasonable certainty that all 30 project components are consistent with applicable law and 31 regulations, and can be permitted and operated as proposed. 34 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 For purposes of such determination: 2 1. The district shall convene a preapplication 3 conference with all state and federal agencies with applicable 4 regulatory jurisdiction; 5 2. State agencies with applicable regulatory 6 jurisdiction shall participate in the preapplication 7 conference and provide information necessary for the 8 district's determination; and 9 3. The district shall request that federal agencies 10 with applicable regulatory jurisdiction participate in the 11 preapplication conference and provide information necessary 12 for the district's determination. 13 (d) Ensure that implementation of project components 14 is coordinated with existing utilities and public 15 infrastructure and that impacts to and relocation of existing 16 utility or public infrastructure are minimized. 17 (2) Notwithstanding any provision of this section, 18 nothing herein shall be construed to modify or supplant the 19 authority of the district or the department to prevent harm to 20 the water resources as provided in this chapter. 21 (3) Final agency action with regard to any project 22 component subject to s. 373.026(8)(b) shall be taken by the 23 department. Actions taken by the district pursuant to 24 subsection (1) shall not be considered final agency action. 25 Any petition for formal proceedings filed pursuant to ss. 26 120.569 and 120.57 shall require a hearing under the summary 27 hearing provisions of s. 120.574, which shall be mandatory. 28 The final hearing under this section shall be held within 30 29 days after receipt of the petition by the Division of 30 Administrative Hearings. 31 Section 6. This act shall take effect July 1, 2007. 35 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to watershed restoration; 8 amending s. 373.4595, F.S.; providing 9 Legislative findings as to the importance of 10 the Lake Okeechobee watershed, the 11 Caloosahatchee Estuary, and the St. Lucie 12 Estuary; providing Legislative findings that 13 the Lake Okeechobee Watershed Protection Plan, 14 the Caloosahatchee Estuary Protection Plan, and 15 the st. Lucie Estuary Protection Plan provide 16 the foundation for establishing basin 17 Management Action Plans and Total Maximum Daily 18 Loads; providing Legislative finding that the 19 expeditious implementation of the Lake 20 Okeechobee Watershed Protection Plan is needed 21 to improve water quality and water quantity in 22 the Northern Everglades; providing Legislative 23 finding that the Caloosahatchee Estuary and the 24 St. Lucie Estuary be included to received 25 sources of funding for nutrient control 26 programs; providing Legislative intent that 27 coordinating agencies include the 28 Caloosahatchee Estuary and the St. Lucie 29 Estuary when creating partnerships and programs 30 relating to Everglades restoration; providing 31 that a technical plan be developed by a 36 2:24 PM 02/20/07 s0392.ep37.01a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 392 Barcode 544118 1 specified date; providing required elements to 2 be included in the technical plan; requiring 3 Legislative approval of the technical plan; 4 revising requirements for implementation of a 5 total phosphorus monitoring program by the 6 South Florida Water Management District; 7 conforming cross-references; creating the 8 Caloosahatchee Estuary and the St. Lucie 9 Estuary Protection Program; creating a process 10 that requires Legislative approval of the plans 11 developed under both programs; requiring the 12 implementation of Total Maximum Daily Loads and 13 development of Basin Management Action Plans; 14 amends subsection (8) of s. 373.4595, F.S.; 15 conforming cross-reference; creating s. 16 373.45955, F.S.; detailing the responsibilities 17 of the South Florida Water Management District; 18 providing an effective date. 19 20 21 22 23 24 25 26 27 28 29 30 31 37 2:24 PM 02/20/07 s0392.ep37.01a