Bill Amendment: FL H1379 | 2023 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Environmental Protection
Status: 2023-06-01 - Chapter No. 2023-169 [H1379 Detail]
Download: Florida-2023-H1379-Senate_Floor_Amendment_729674.html
Bill Title: Environmental Protection
Status: 2023-06-01 - Chapter No. 2023-169 [H1379 Detail]
Download: Florida-2023-H1379-Senate_Floor_Amendment_729674.html
Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for CS for HB 1379
Ì729674NÎ729674
LEGISLATIVE ACTION
Senate . House
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Senator Brodeur moved the following:
1 Senate Amendment
2
3 Delete lines 758 - 1881
4 and insert:
5 loads.—The department, in coordination with the Department of
6 Agriculture and Consumer Services, the St. Johns River Water
7 Management District, South Florida Water Management District,
8 local governments, the Indian River Lagoon National Estuary
9 Program, and other stakeholders, shall identify and prioritize
10 strategies and projects necessary to achieve water quality
11 standards within the Indian River Lagoon watershed and meet the
12 total maximum daily loads. Projects identified from this
13 evaluation must be incorporated into the Banana River Lagoon
14 Basin Management Action Plan, Central Indian River Lagoon Basin
15 Management Action Plan, North Indian River Lagoon Basin
16 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
17 Plan, as appropriate.
18 (c) Indian River Lagoon Watershed Research and Water
19 Quality Monitoring Program.—The department, in coordination with
20 the St. Johns River Water Management District, the South Florida
21 Water Management District, and the Indian River Lagoon National
22 Estuary Program, shall implement the Indian River Lagoon
23 Watershed Research and Water Quality Monitoring Program to
24 establish a comprehensive water quality monitoring network
25 throughout the Indian River Lagoon and fund research pertaining
26 to water quality, ecosystem restoration, and seagrass impacts
27 and restoration. The department shall use the results from the
28 program to prioritize projects and to make modifications to the
29 Banana River Lagoon Basin Management Action Plan, Central Indian
30 River Lagoon Basin Management Action Plan, North Indian River
31 Lagoon Basin Management Action Plan, and Mosquito Lagoon
32 Reasonable Assurance Plan, as appropriate.
33 (d) Onsite sewage treatment and disposal systems.—
34 1. Beginning on January 1, 2024, unless previously
35 permitted, the installation of new onsite sewage treatment and
36 disposal systems is prohibited within the Banana River Lagoon
37 Basin Management Action Plan, Central Indian River Lagoon Basin
38 Management Action Plan, North Indian River Lagoon Basin
39 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
40 Plan areas where a publicly owned or investor-owned sewerage
41 system is available as defined in s. 381.0065(2)(a). Where
42 central sewerage is not available, only enhanced nutrient
43 reducing onsite sewage treatment and disposal systems or other
44 wastewater treatment systems that achieve at least 65 percent
45 nitrogen reduction are authorized.
46 2. By July 1, 2030, any commercial or residential property
47 with an existing onsite sewage treatment and disposal system
48 located within the Banana River Lagoon Basin Management Action
49 Plan, Central Indian River Lagoon Basin Management Action Plan,
50 North Indian River Lagoon Basin Management Action Plan, and
51 Mosquito Lagoon Reasonable Assurance Plan areas must connect to
52 central sewer if available or upgrade to an enhanced nutrient
53 reducing onsite sewage treatment and disposal system or other
54 wastewater treatment system that achieves at least 65 percent
55 nitrogen reduction.
56 (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
57 section may not be construed to modify any existing state water
58 quality standard or to modify s. 403.067(6) and (7)(a).
59 (5) PRESERVATION OF AUTHORITY.—This section may not be
60 construed to restrict the authority otherwise granted to
61 agencies pursuant to this chapter and chapter 403, and this
62 section is supplemental to the authority granted to agencies
63 pursuant to this chapter and chapter 403.
64 (6) RULES.—The department and governing boards of the St.
65 Johns River Water Management District and South Florida Water
66 Management District may adopt rules pursuant to ss. 120.536(1)
67 and 120.54 to implement this section.
68 Section 6. Subsection (1) of section 373.501, Florida
69 Statutes, is amended to read:
70 373.501 Appropriation of funds to water management
71 districts.—
72 (1) The department shall transfer may allocate to the water
73 management districts, from funds appropriated to the districts
74 through the department in, such sums as may be deemed necessary
75 to defray the costs of the administrative, regulatory, and other
76 operational activities of the districts. The governing boards
77 shall submit annual budget requests for such purposes to the
78 department, and the department shall consider such budgets in
79 preparing its budget request for the Legislature. The districts
80 shall annually report to the department on the use of the funds.
81 Section 7. Present subsections (2) through (8) of section
82 373.802, Florida Statutes, are redesignated as subsections (3)
83 through (9), respectively, and a new subsection (2) is added to
84 that section, to read:
85 373.802 Definitions.—As used in this part, the term:
86 (2) “Enhanced nutrient-reducing onsite sewage treatment and
87 disposal system” means an onsite sewage treatment and disposal
88 system approved by the department as capable of meeting or
89 exceeding a 50 percent total nitrogen reduction before disposal
90 of wastewater in the drainfield, or at least 65 percent total
91 nitrogen reduction combined from the onsite sewage tank or tanks
92 and drainfield.
93 Section 8. Subsections (2) and (3) of section 373.807,
94 Florida Statutes, are amended to read:
95 373.807 Protection of water quality in Outstanding Florida
96 Springs.—By July 1, 2016, the department shall initiate
97 assessment, pursuant to s. 403.067(3), of Outstanding Florida
98 Springs or spring systems for which an impairment determination
99 has not been made under the numeric nutrient standards in effect
100 for spring vents. Assessments must be completed by July 1, 2018.
101 (2) By July 1, 2017, each local government, as defined in
102 s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
103 pursuant to s. 403.9337, shall develop, enact, and implement an
104 ordinance pursuant to that section. It is the intent of the
105 Legislature that ordinances required to be adopted under this
106 subsection reflect the latest scientific information,
107 advancements, and technological improvements in the industry.
108 (3) As part of a basin management action plan that includes
109 an Outstanding Florida Spring, the department, relevant local
110 governments, and relevant local public and private wastewater
111 utilities shall develop an onsite sewage treatment and disposal
112 system remediation plan for a spring if the department
113 determines onsite sewage treatment and disposal systems within a
114 basin management action plan priority focus area contribute at
115 least 20 percent of nonpoint source nitrogen pollution or if the
116 department determines remediation is necessary to achieve the
117 total maximum daily load. The plan must shall identify cost
118 effective and financially feasible projects necessary to reduce
119 the nutrient impacts from onsite sewage treatment and disposal
120 systems and shall be completed and adopted as part of the basin
121 management action plan no later than the first 5-year milestone
122 required by subparagraph (1)(b)8. The department is the lead
123 agency in coordinating the preparation of and the adoption of
124 the plan. The department shall:
125 (a) Collect and evaluate credible scientific information on
126 the effect of nutrients, particularly forms of nitrogen, on
127 springs and springs systems; and
128 (b) Develop a public education plan to provide area
129 residents with reliable, understandable information about onsite
130 sewage treatment and disposal systems and springs.
131
132 In addition to the requirements in s. 403.067, the plan must
133 shall include options for repair, upgrade, replacement,
134 drainfield modification, addition of effective nitrogen reducing
135 features, connection to a central sewerage system, or other
136 action for an onsite sewage treatment and disposal system or
137 group of systems within a basin management action plan priority
138 focus area that contribute at least 20 percent of nonpoint
139 source nitrogen pollution or if the department determines
140 remediation is necessary to achieve a total maximum daily load.
141 For these systems, the department shall include in the plan a
142 priority ranking for each system or group of systems that
143 requires remediation and shall award funds to implement the
144 remediation projects contingent on an appropriation in the
145 General Appropriations Act, which may include all or part of the
146 costs necessary for repair, upgrade, replacement, drainfield
147 modification, addition of effective nitrogen reducing features,
148 initial connection to a central sewerage system, or other
149 action. In awarding funds, the department may consider expected
150 nutrient reduction benefit per unit cost, size and scope of
151 project, relative local financial contribution to the project,
152 and the financial impact on property owners and the community.
153 The department may waive matching funding requirements for
154 proposed projects within an area designated as a rural area of
155 opportunity under s. 288.0656.
156 Section 9. Section 373.811, Florida Statutes, is amended to
157 read:
158 373.811 Prohibited activities within a basin management
159 action plan priority focus area.—The following activities are
160 prohibited within a basin management action plan priority focus
161 area in effect for an Outstanding Florida Spring:
162 (1) New domestic wastewater disposal facilities, including
163 rapid infiltration basins, with permitted capacities of 100,000
164 gallons per day or more, except for those facilities that meet
165 an advanced wastewater treatment standard of no more than 3 mg/l
166 total nitrogen, expressed as N, on an annual permitted basis, or
167 a more stringent treatment standard if the department determines
168 the more stringent standard is necessary to attain a total
169 maximum daily load for the Outstanding Florida Spring.
170 (2) New onsite sewage treatment and disposal systems where
171 connection to a publicly owned or investor-owned sewerage system
172 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
173 or less, if a publicly owned or investor-owned sewerage system
174 is not available, only the installation of enhanced nutrient
175 reducing onsite sewage treatment and disposal systems or other
176 wastewater treatment systems that achieve at least 65 percent
177 nitrogen reduction are authorized on lots of less than 1 acre,
178 if the addition of the specific systems conflicts with an onsite
179 treatment and disposal system remediation plan incorporated into
180 a basin management action plan in accordance with s. 373.807(3).
181 (3) New facilities for the disposal of hazardous waste.
182 (4) The land application of Class A or Class B domestic
183 wastewater biosolids not in accordance with a department
184 approved nutrient management plan establishing the rate at which
185 all biosolids, soil amendments, and sources of nutrients at the
186 land application site can be applied to the land for crop
187 production while minimizing the amount of pollutants and
188 nutrients discharged to groundwater or waters of the state.
189 (5) New agriculture operations that do not implement best
190 management practices, measures necessary to achieve pollution
191 reduction levels established by the department, or groundwater
192 monitoring plans approved by a water management district or the
193 department.
194 Section 10. Subsection (3) of section 375.041, Florida
195 Statutes, is amended to read:
196 375.041 Land Acquisition Trust Fund.—
197 (3) Funds distributed into the Land Acquisition Trust Fund
198 pursuant to s. 201.15 shall be applied:
199 (a) First, to pay debt service or to fund debt service
200 reserve funds, rebate obligations, or other amounts payable with
201 respect to Florida Forever bonds issued under s. 215.618; and
202 pay debt service, provide reserves, and pay rebate obligations
203 and other amounts due with respect to Everglades restoration
204 bonds issued under s. 215.619; and
205 (b) Of the funds remaining after the payments required
206 under paragraph (a), but before funds may be appropriated,
207 pledged, or dedicated for other uses:
208 1. A minimum of the lesser of 25 percent or $200 million
209 shall be appropriated annually for Everglades projects that
210 implement the Comprehensive Everglades Restoration Plan as set
211 forth in s. 373.470, including the Central Everglades Planning
212 Project subject to congressional authorization; the Long-Term
213 Plan as defined in s. 373.4592(2); and the Northern Everglades
214 and Estuaries Protection Program as set forth in s. 373.4595.
215 From these funds, $32 million shall be distributed each fiscal
216 year through the 2023-2024 fiscal year to the South Florida
217 Water Management District for the Long-Term Plan as defined in
218 s. 373.4592(2). After deducting the $32 million distributed
219 under this subparagraph, from the funds remaining, a minimum of
220 the lesser of 76.5 percent or $100 million shall be appropriated
221 each fiscal year through the 2025-2026 fiscal year for the
222 planning, design, engineering, and construction of the
223 Comprehensive Everglades Restoration Plan as set forth in s.
224 373.470, including the Central Everglades Planning Project, the
225 Everglades Agricultural Area Storage Reservoir Project, the Lake
226 Okeechobee Watershed Project, the C-43 West Basin Storage
227 Reservoir Project, the Indian River Lagoon-South Project, the
228 Western Everglades Restoration Project, and the Picayune Strand
229 Restoration Project. The Department of Environmental Protection
230 and the South Florida Water Management District shall give
231 preference to those Everglades restoration projects that reduce
232 harmful discharges of water from Lake Okeechobee to the St.
233 Lucie or Caloosahatchee estuaries in a timely manner. For the
234 purpose of performing the calculation provided in this
235 subparagraph, the amount of debt service paid pursuant to
236 paragraph (a) for bonds issued after July 1, 2016, for the
237 purposes set forth under this paragraph shall be added to the
238 amount remaining after the payments required under paragraph
239 (a). The amount of the distribution calculated shall then be
240 reduced by an amount equal to the debt service paid pursuant to
241 paragraph (a) on bonds issued after July 1, 2016, for the
242 purposes set forth under this subparagraph.
243 2. A minimum of the lesser of 7.6 percent or $50 million
244 shall be appropriated annually for spring restoration,
245 protection, and management projects. For the purpose of
246 performing the calculation provided in this subparagraph, the
247 amount of debt service paid pursuant to paragraph (a) for bonds
248 issued after July 1, 2016, for the purposes set forth under this
249 paragraph shall be added to the amount remaining after the
250 payments required under paragraph (a). The amount of the
251 distribution calculated shall then be reduced by an amount equal
252 to the debt service paid pursuant to paragraph (a) on bonds
253 issued after July 1, 2016, for the purposes set forth under this
254 subparagraph.
255 3. The sum of $5 million shall be appropriated annually
256 each fiscal year through the 2025-2026 fiscal year to the St.
257 Johns River Water Management District for projects dedicated to
258 the restoration of Lake Apopka. This distribution shall be
259 reduced by an amount equal to the debt service paid pursuant to
260 paragraph (a) on bonds issued after July 1, 2016, for the
261 purposes set forth in this subparagraph.
262 4. The sum of $64 million is appropriated and shall be
263 transferred to the Everglades Trust Fund for the 2018-2019
264 fiscal year, and each fiscal year thereafter, for the EAA
265 reservoir project pursuant to s. 373.4598. Any funds remaining
266 in any fiscal year shall be made available only for Phase II of
267 the C-51 reservoir project or projects identified in
268 subparagraph 1. and must be used in accordance with laws
269 relating to such projects. Any funds made available for such
270 purposes in a fiscal year are in addition to the amount
271 appropriated under subparagraph 1. This distribution shall be
272 reduced by an amount equal to the debt service paid pursuant to
273 paragraph (a) on bonds issued after July 1, 2017, for the
274 purposes set forth in this subparagraph.
275 5. The sum of $50 million shall be appropriated annually to
276 the South Florida Water Management District for the Lake
277 Okeechobee Watershed Restoration Project in accordance with s.
278 373.4599. This distribution must be reduced by an amount equal
279 to the debt service paid pursuant to paragraph (a) on bonds
280 issued after July 1, 2021, for the purposes set forth in this
281 subparagraph.
282 6. The sum of $100 million shall be appropriated annually
283 to the Department of Environmental Protection for the
284 acquisition of land pursuant to s. 259.105 Notwithstanding
285 subparagraph 3., for the 2022-2023 fiscal year, funds shall be
286 appropriated as provided in the General Appropriations Act. This
287 subparagraph expires July 1, 2023.
288 Section 11. Present paragraphs (f) through (r) of
289 subsection (2) of section 381.0065, Florida Statutes, are
290 redesignated as paragraphs (g) through (s), respectively, a new
291 paragraph (f) is added to that subsection, and paragraph (n) of
292 subsection (4) of that section is amended, to read:
293 381.0065 Onsite sewage treatment and disposal systems;
294 regulation.—
295 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
296 term:
297 (f) “Enhanced nutrient-reducing onsite sewage treatment and
298 disposal system” means an onsite sewage treatment and disposal
299 system approved by the department as capable of meeting or
300 exceeding a 50 percent total nitrogen reduction before disposal
301 of wastewater in the drainfield, or at least 65 percent total
302 nitrogen reduction combined from the onsite sewage tank or tanks
303 and drainfield.
304 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
305 construct, repair, modify, abandon, or operate an onsite sewage
306 treatment and disposal system without first obtaining a permit
307 approved by the department. The department may issue permits to
308 carry out this section, except that the issuance of a permit for
309 work seaward of the coastal construction control line
310 established under s. 161.053 shall be contingent upon receipt of
311 any required coastal construction control line permit from the
312 department. A construction permit is valid for 18 months after
313 the date of issuance and may be extended by the department for
314 one 90-day period under rules adopted by the department. A
315 repair permit is valid for 90 days after the date of issuance.
316 An operating permit must be obtained before the use of any
317 aerobic treatment unit or if the establishment generates
318 commercial waste. Buildings or establishments that use an
319 aerobic treatment unit or generate commercial waste shall be
320 inspected by the department at least annually to assure
321 compliance with the terms of the operating permit. The operating
322 permit for a commercial wastewater system is valid for 1 year
323 after the date of issuance and must be renewed annually. The
324 operating permit for an aerobic treatment unit is valid for 2
325 years after the date of issuance and must be renewed every 2
326 years. If all information pertaining to the siting, location,
327 and installation conditions or repair of an onsite sewage
328 treatment and disposal system remains the same, a construction
329 or repair permit for the onsite sewage treatment and disposal
330 system may be transferred to another person, if the transferee
331 files, within 60 days after the transfer of ownership, an
332 amended application providing all corrected information and
333 proof of ownership of the property. A fee is not associated with
334 the processing of this supplemental information. A person may
335 not contract to construct, modify, alter, repair, service,
336 abandon, or maintain any portion of an onsite sewage treatment
337 and disposal system without being registered under part III of
338 chapter 489. A property owner who personally performs
339 construction, maintenance, or repairs to a system serving his or
340 her own owner-occupied single-family residence is exempt from
341 registration requirements for performing such construction,
342 maintenance, or repairs on that residence, but is subject to all
343 permitting requirements. A municipality or political subdivision
344 of the state may not issue a building or plumbing permit for any
345 building that requires the use of an onsite sewage treatment and
346 disposal system unless the owner or builder has received a
347 construction permit for such system from the department. A
348 building or structure may not be occupied and a municipality,
349 political subdivision, or any state or federal agency may not
350 authorize occupancy until the department approves the final
351 installation of the onsite sewage treatment and disposal system.
352 A municipality or political subdivision of the state may not
353 approve any change in occupancy or tenancy of a building that
354 uses an onsite sewage treatment and disposal system until the
355 department has reviewed the use of the system with the proposed
356 change, approved the change, and amended the operating permit.
357 (n) Evaluations for determining the seasonal high-water
358 table elevations or the suitability of soils for the use of a
359 new onsite sewage treatment and disposal system shall be
360 performed by department personnel, professional engineers
361 registered in the state, or such other persons with expertise,
362 as defined by rule, in making such evaluations. Evaluations for
363 determining mean annual flood lines shall be performed by those
364 persons identified in paragraph (2)(l) (2)(k). The department
365 shall accept evaluations submitted by professional engineers and
366 such other persons as meet the expertise established by this
367 section or by rule unless the department has a reasonable
368 scientific basis for questioning the accuracy or completeness of
369 the evaluation.
370 Section 12. Subsection (3) is added to section 381.00655,
371 Florida Statutes, to read:
372 381.00655 Connection of existing onsite sewage treatment
373 and disposal systems to central sewerage system; requirements.—
374 (3) Local governmental agencies, as defined in s.
375 403.1835(2), that receive grants or loans from the department to
376 offset the cost of connecting onsite sewage treatment and
377 disposal systems to publicly owned or investor-owned sewerage
378 systems are encouraged to do all of the following while such
379 funds remain available:
380 (a) Identify the owners of onsite sewage treatment and
381 disposal systems within the jurisdiction of the respective local
382 governmental agency who are eligible to apply for the grant or
383 loan funds and notify such owners of the funding availability.
384 (b) Maintain a publicly available website with information
385 relating to the availability of the grant or loan funds,
386 including the amount of funds available and information on how
387 the owner of an onsite sewage treatment and disposal system may
388 apply for such funds.
389 Section 13. Section 403.031, Florida Statutes, is reordered
390 and amended to read:
391 403.031 Definitions.—In construing this chapter, or rules
392 and regulations adopted pursuant hereto, the following words,
393 phrases, or terms, unless the context otherwise indicates, have
394 the following meanings:
395 (1) “Contaminant” is any substance which is harmful to
396 plant, animal, or human life.
397 (2) “Department” means the Department of Environmental
398 Protection.
399 (3) “Effluent limitations” means any restriction
400 established by the department on quantities, rates, or
401 concentrations of chemical, physical, biological, or other
402 constituents which are discharged from sources into waters of
403 the state.
404 (5) “Enhanced nutrient-reducing onsite sewage treatment and
405 disposal system” means an onsite sewage treatment and disposal
406 system approved by the department as capable of meeting or
407 exceeding a 50 percent total nitrogen reduction before disposal
408 of wastewater in the drainfield, or at least 65 percent total
409 nitrogen reduction combined from the onsite sewage tank or tanks
410 and drainfield.
411 (6)(4) “Installation” means is any structure, equipment, or
412 facility, or appurtenances thereto, or operation which may emit
413 air or water contaminants in quantities prohibited by rules of
414 the department.
415 (7) “Nutrient or nutrient-related standards” means water
416 quality standards and criteria established for total nitrogen
417 and total phosphorous, or their organic or inorganic forms;
418 biological variables, such as chlorophyll-a, biomass, or the
419 structure of the phytoplankton, periphyton, or vascular plant
420 community, that respond to a nutrient load or concentration in a
421 predictable and measurable manner; or dissolved oxygen if it is
422 demonstrated for the waterbody that dissolved oxygen conditions
423 result in a biological imbalance and the dissolved oxygen
424 responds to a nutrient load or concentration in a predictable
425 and measurable manner.
426 (8) “Onsite sewage treatment and disposal system” means a
427 system that contains a standard subsurface, filled, or mound
428 drainfield system; an aerobic treatment unit; a graywater system
429 tank; a laundry wastewater system tank; a septic tank; a grease
430 interceptor; a pump tank; a solids or effluent pump; a
431 waterless, incinerating, or organic waste-composting toilet; or
432 a sanitary pit privy that is installed or proposed to be
433 installed beyond the building sewer on land of the owner or on
434 other land to which the owner has the legal right to install a
435 system. The term includes any item placed within, or intended to
436 be used as a part of or in conjunction with, the system. The
437 term does not include package sewage treatment facilities and
438 other treatment works regulated under chapter 403.
439 (9)(5) “Person” means the state or any agency or
440 institution thereof, the United States or any agency or
441 institution thereof, or any municipality, political subdivision,
442 public or private corporation, individual, partnership,
443 association, or other entity and includes any officer or
444 governing or managing body of the state, the United States, any
445 agency, any municipality, political subdivision, or public or
446 private corporation.
447 (10)(6) “Plant” is any unit operation, complex, area, or
448 multiple of unit operations that produce, process, or cause to
449 be processed any materials, the processing of which can, or may,
450 cause air or water pollution.
451 (11)(7) “Pollution” is the presence in the outdoor
452 atmosphere or waters of the state of any substances,
453 contaminants, noise, or manmade or human-induced impairment of
454 air or waters or alteration of the chemical, physical,
455 biological, or radiological integrity of air or water in
456 quantities or at levels which are or may be potentially harmful
457 or injurious to human health or welfare, animal or plant life,
458 or property or which unreasonably interfere with the enjoyment
459 of life or property, including outdoor recreation unless
460 authorized by applicable law.
461 (12)(8) “Pollution prevention” means the steps taken by a
462 potential generator of contamination or pollution to eliminate
463 or reduce the contamination or pollution before it is discharged
464 into the environment. The term includes nonmandatory steps taken
465 to use alternative forms of energy, conserve or reduce the use
466 of energy, substitute nontoxic materials for toxic materials,
467 conserve or reduce the use of toxic materials and raw materials,
468 reformulate products, modify manufacturing or other processes,
469 improve in-plant maintenance and operations, implement
470 environmental planning before expanding a facility, and recycle
471 toxic or other raw materials.
472 (14)(9) “Sewerage system” means pipelines or conduits,
473 pumping stations, and force mains and all other structures,
474 devices, appurtenances, and facilities used for collecting or
475 conducting wastes to an ultimate point for treatment or
476 disposal.
477 (15)(10) “Source” means is any and all points of origin of
478 a contaminant the item defined in subsection (1), whether
479 privately or publicly owned or operated.
480 (21)(11) “Treatment works” and “disposal systems” mean any
481 plant or other works used for the purpose of treating,
482 stabilizing, or holding wastes.
483 (22)(12) “Wastes” means sewage, industrial wastes, and all
484 other liquid, gaseous, solid, radioactive, or other substances
485 which may pollute or tend to pollute any waters of the state.
486 (23)(13) “Waters” include, but are not limited to, rivers,
487 lakes, streams, springs, impoundments, wetlands, and all other
488 waters or bodies of water, including fresh, brackish, saline,
489 tidal, surface, or underground waters. Waters owned entirely by
490 one person other than the state are included only in regard to
491 possible discharge on other property or water. Underground
492 waters include, but are not limited to, all underground waters
493 passing through pores of rock or soils or flowing through in
494 channels, whether manmade or natural. Solely for purposes of s.
495 403.0885, waters of the state also include navigable waters or
496 waters of the contiguous zone as used in s. 502 of the Clean
497 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
498 existence on January 1, 1993, except for those navigable waters
499 seaward of the boundaries of the state set forth in s. 1, Art.
500 II of the State Constitution. Solely for purposes of this
501 chapter, waters of the state also include the area bounded by
502 the following:
503 (a) Commence at the intersection of State Road (SRD) 5
504 (U.S. 1) and the county line dividing Miami-Dade and Monroe
505 Counties, said point also being the mean high-water line of
506 Florida Bay, located in section 4, township 60 south, range 39
507 east of the Tallahassee Meridian for the point of beginning.
508 From said point of beginning, thence run northwesterly along
509 said SRD 5 to an intersection with the north line of section 18,
510 township 58 south, range 39 east; thence run westerly to a point
511 marking the southeast corner of section 12, township 58 south,
512 range 37 east, said point also lying on the east boundary of the
513 Everglades National Park; thence run north along the east
514 boundary of the aforementioned Everglades National Park to a
515 point marking the northeast corner of section 1, township 58
516 south, range 37 east; thence run west along said park to a point
517 marking the northwest corner of said section 1; thence run
518 northerly along said park to a point marking the northwest
519 corner of section 24, township 57 south, range 37 east; thence
520 run westerly along the south lines of sections 14, 15, and 16 to
521 the southwest corner of section 16; thence leaving the
522 Everglades National Park boundary run northerly along the west
523 line of section 16 to the northwest corner of section 16; thence
524 east along the northerly line of section 16 to a point at the
525 intersection of the east one-half and west one-half of section
526 9; thence northerly along the line separating the east one-half
527 and the west one-half of sections 9, 4, 33, and 28; thence run
528 easterly along the north line of section 28 to the northeast
529 corner of section 28; thence run northerly along the west line
530 of section 22 to the northwest corner of section 22; thence
531 easterly along the north line of section 22 to a point at the
532 intersection of the east one-half and west one-half of section
533 15; thence run northerly along said line to the point of
534 intersection with the north line of section 15; thence easterly
535 along the north line of section 15 to the northeast corner of
536 section 15; thence run northerly along the west lines of
537 sections 11 and 2 to the northwest corner of section 2; thence
538 run easterly along the north lines of sections 2 and 1 to the
539 northeast corner of section 1, township 56 south, range 37 east;
540 thence run north along the east line of section 36, township 55
541 south, range 37 east to the northeast corner of section 36;
542 thence run west along the north line of section 36 to the
543 northwest corner of section 36; thence run north along the west
544 line of section 25 to the northwest corner of section 25; thence
545 run west along the north line of section 26 to the northwest
546 corner of section 26; thence run north along the west line of
547 section 23 to the northwest corner of section 23; thence run
548 easterly along the north line of section 23 to the northeast
549 corner of section 23; thence run north along the west line of
550 section 13 to the northwest corner of section 13; thence run
551 east along the north line of section 13 to a point of
552 intersection with the west line of the southeast one-quarter of
553 section 12; thence run north along the west line of the
554 southeast one-quarter of section 12 to the northwest corner of
555 the southeast one-quarter of section 12; thence run east along
556 the north line of the southeast one-quarter of section 12 to the
557 point of intersection with the east line of section 12; thence
558 run east along the south line of the northwest one-quarter of
559 section 7 to the southeast corner of the northwest one-quarter
560 of section 7; thence run north along the east line of the
561 northwest one-quarter of section 7 to the point of intersection
562 with the north line of section 7; thence run northerly along the
563 west line of the southeast one-quarter of section 6 to the
564 northwest corner of the southeast one-quarter of section 6;
565 thence run east along the north lines of the southeast one
566 quarter of section 6 and the southwest one-quarter of section 5
567 to the northeast corner of the southwest one-quarter of section
568 5; thence run northerly along the east line of the northwest
569 one-quarter of section 5 to the point of intersection with the
570 north line of section 5; thence run northerly along the line
571 dividing the east one-half and the west one-half of Lot 5 to a
572 point intersecting the north line of Lot 5; thence run east
573 along the north line of Lot 5 to the northeast corner of Lot 5,
574 township 54 1/2 south, range 38 east; thence run north along the
575 west line of section 33, township 54 south, range 38 east to a
576 point intersecting the northwest corner of the southwest one
577 quarter of section 33; thence run easterly along the north line
578 of the southwest one-quarter of section 33 to the northeast
579 corner of the southwest one-quarter of section 33; thence run
580 north along the west line of the northeast one-quarter of
581 section 33 to a point intersecting the north line of section 33;
582 thence run easterly along the north line of section 33 to the
583 northeast corner of section 33; thence run northerly along the
584 west line of section 27 to a point intersecting the northwest
585 corner of the southwest one-quarter of section 27; thence run
586 easterly to the northeast corner of the southwest one-quarter of
587 section 27; thence run northerly along the west line of the
588 northeast one-quarter of section 27 to a point intersecting the
589 north line of section 27; thence run west along the north line
590 of section 27 to the northwest corner of section 27; thence run
591 north along the west lines of sections 22 and 15 to the
592 northwest corner of section 15; thence run easterly along the
593 north lines of sections 15 and 14 to the point of intersection
594 with the L-31N Levee, said intersection located near the
595 southeast corner of section 11, township 54 south, range 38
596 east; thence run northerly along Levee L-31N crossing SRD 90
597 (U.S. 41 Tamiami Trail) to an intersection common to Levees L
598 31N, L-29, and L-30, said intersection located near the
599 southeast corner of section 2, township 54 south, range 38 east;
600 thence run northeasterly, northerly, and northeasterly along
601 Levee L-30 to a point of intersection with the Miami
602 Dade/Broward Levee, said intersection located near the northeast
603 corner of section 17, township 52 south, range 39 east; thence
604 run due east to a point of intersection with SRD 27 (Krome
605 Ave.); thence run northeasterly along SRD 27 to an intersection
606 with SRD 25 (U.S. 27), said intersection located in section 3,
607 township 52 south, range 39 east; thence run northerly along
608 said SRD 25, entering into Broward County, to an intersection
609 with SRD 84 at Andytown; thence run southeasterly along the
610 aforementioned SRD 84 to an intersection with the southwesterly
611 prolongation of Levee L-35A, said intersection being located in
612 the northeast one-quarter of section 5, township 50 south, range
613 40 east; thence run northeasterly along Levee L-35A to an
614 intersection of Levee L-36, said intersection located near the
615 southeast corner of section 12, township 49 south, range 40
616 east; thence run northerly along Levee L-36, entering into Palm
617 Beach County, to an intersection common to said Levees L-36, L
618 39, and L-40, said intersection located near the west quarter
619 corner of section 19, township 47 south, range 41 east; thence
620 run northeasterly, easterly, and northerly along Levee L-40,
621 said Levee L-40 being the easterly boundary of the Loxahatchee
622 National Wildlife Refuge, to an intersection with SRD 80 (U.S.
623 441), said intersection located near the southeast corner of
624 section 32, township 43 south, range 40 east; thence run
625 westerly along the aforementioned SRD 80 to a point marking the
626 intersection of said road and the northeasterly prolongation of
627 Levee L-7, said Levee L-7 being the westerly boundary of the
628 Loxahatchee National Wildlife Refuge; thence run southwesterly
629 and southerly along said Levee L-7 to an intersection common to
630 Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
631 southwesterly along Levee L-6 to an intersection common to Levee
632 L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
633 located near the northwest corner of section 27, township 47
634 south, range 38 east; thence run westerly along the
635 aforementioned Levee L-5 to a point intersecting the east line
636 of range 36 east; thence run northerly along said range line to
637 a point marking the northeast corner of section 1, township 47
638 south, range 36 east; thence run westerly along the north line
639 of township 47 south, to an intersection with Levee L-23/24
640 (Miami Canal); thence run northwesterly along the Miami Canal
641 Levee to a point intersecting the north line of section 22,
642 township 46 south, range 35 east; thence run westerly to a point
643 marking the northwest corner of section 21, township 46 south,
644 range 35 east; thence run southerly to the southwest corner of
645 said section 21; thence run westerly to a point marking the
646 northwest corner of section 30, township 46 south, range 35
647 east, said point also being on the line dividing Palm Beach and
648 Hendry Counties; from said point, thence run southerly along
649 said county line to a point marking the intersection of Broward,
650 Hendry, and Collier Counties, said point also being the
651 northeast corner of section 1, township 49 south, range 34 east;
652 thence run westerly along the line dividing Hendry and Collier
653 Counties and continuing along the prolongation thereof to a
654 point marking the southwest corner of section 36, township 48
655 south, range 29 east; thence run southerly to a point marking
656 the southwest corner of section 12, township 49 south, range 29
657 east; thence run westerly to a point marking the southwest
658 corner of section 10, township 49 south, range 29 east; thence
659 run southerly to a point marking the southwest corner of section
660 15, township 49 south, range 29 east; thence run westerly to a
661 point marking the northwest corner of section 24, township 49
662 south, range 28 east, said point lying on the west boundary of
663 the Big Cypress Area of Critical State Concern as described in
664 rule 28-25.001, Florida Administrative Code; thence run
665 southerly along said boundary crossing SRD 84 (Alligator Alley)
666 to a point marking the southwest corner of section 24, township
667 50 south, range 28 east; thence leaving the aforementioned west
668 boundary of the Big Cypress Area of Critical State Concern run
669 easterly to a point marking the northeast corner of section 25,
670 township 50 south, range 28 east; thence run southerly along the
671 east line of range 28 east to a point lying approximately 0.15
672 miles south of the northeast corner of section 1, township 52
673 south, range 28 east; thence run southwesterly 2.4 miles more or
674 less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
675 said intersection lying 1.1 miles more or less west of the east
676 line of range 28 east; thence run northwesterly and westerly
677 along SRD 90 to an intersection with the west line of section
678 10, township 52 south, range 28 east; thence leaving SRD 90 run
679 southerly to a point marking the southwest corner of section 15,
680 township 52 south, range 28 east; thence run westerly crossing
681 the Faka Union Canal 0.6 miles more or less to a point; thence
682 run southerly and parallel to the Faka Union Canal to a point
683 located on the mean high-water line of Faka Union Bay; thence
684 run southeasterly along the mean high-water line of the various
685 bays, rivers, inlets, and streams to the point of beginning.
686 (b) The area bounded by the line described in paragraph (a)
687 generally includes those waters to be known as waters of the
688 state. The landward extent of these waters shall be determined
689 by the delineation methodology ratified in s. 373.4211. Any
690 waters which are outside the general boundary line described in
691 paragraph (a) but which are contiguous thereto by virtue of the
692 presence of a wetland, watercourse, or other surface water, as
693 determined by the delineation methodology ratified in s.
694 373.4211, shall be a part of this waterbody water body. Any
695 areas within the line described in paragraph (a) which are
696 neither a wetland nor surface water, as determined by the
697 delineation methodology ratified in s. 373.4211, shall be
698 excluded therefrom. If the Florida Environmental Regulation
699 Commission designates the waters within the boundaries an
700 Outstanding Florida Water, waters outside the boundaries may
701 shall not be included as part of such designation unless a
702 hearing is held pursuant to notice in each appropriate county
703 and the boundaries of such lands are specifically considered and
704 described for such designation.
705 (16)(14) “State water resource implementation rule” means
706 the rule authorized by s. 373.036, which sets forth goals,
707 objectives, and guidance for the development and review of
708 programs, rules, and plans relating to water resources, based on
709 statutory policies and directives. The waters of the state are
710 among its most basic resources. Such waters should be managed to
711 conserve and protect water resources and to realize the full
712 beneficial use of these resources.
713 (17)(15) “Stormwater management program” means the
714 institutional strategy for stormwater management, including
715 urban, agricultural, and other stormwater.
716 (18)(16) “Stormwater management system” means a system
717 which is designed and constructed or implemented to control
718 discharges that which are necessitated by rainfall events,
719 incorporating methods to collect, convey, store, absorb,
720 inhibit, treat, use, or reuse water to prevent or reduce
721 flooding, overdrainage, environmental degradation and water
722 pollution or otherwise affect the quantity and quality of
723 discharges from the system.
724 (19)(17) “Stormwater utility” means the funding of a
725 stormwater management program by assessing the cost of the
726 program to the beneficiaries based on their relative
727 contribution to its need. It is operated as a typical utility
728 which bills services regularly, similar to water and wastewater
729 services.
730 (24)(18) “Watershed” means the land area that which
731 contributes to the flow of water into a receiving body of water.
732 (13)(19) “Regulated air pollutant” means any pollutant
733 regulated under the federal Clean Air Act.
734 (4)(20) “Electrical power plant” means, for purposes of
735 this part of this chapter, any electrical generating facility
736 that uses any process or fuel and that is owned or operated by
737 an electric utility, as defined in s. 403.503(14), and includes
738 any associated facility that directly supports the operation of
739 the electrical power plant.
740 (20)(21) “Total maximum daily load” is defined as the sum
741 of the individual wasteload allocations for point sources and
742 the load allocations for nonpoint sources and natural
743 background. Prior to determining individual wasteload
744 allocations and load allocations, the maximum amount of a
745 pollutant that a waterbody water body or water segment can
746 assimilate from all sources without exceeding water quality
747 standards must first be calculated.
748 Section 14. Paragraphs (a) and (e) of subsection (7) of
749 section 403.067, Florida Statutes, are amended to read:
750 403.067 Establishment and implementation of total maximum
751 daily loads.—
752 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
753 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
754 (a) Basin management action plans.—
755 1. In developing and implementing the total maximum daily
756 load for a waterbody water body, the department, or the
757 department in conjunction with a water management district, may
758 develop a basin management action plan that addresses some or
759 all of the watersheds and basins tributary to the waterbody
760 water body. Such plan must integrate the appropriate management
761 strategies available to the state through existing water quality
762 protection programs to achieve the total maximum daily loads and
763 may provide for phased implementation of these management
764 strategies to promote timely, cost-effective actions as provided
765 for in s. 403.151. The plan must establish a schedule
766 implementing the management strategies, establish a basis for
767 evaluating the plan’s effectiveness, and identify feasible
768 funding strategies for implementing the plan’s management
769 strategies. The management strategies may include regional
770 treatment systems or other public works, when appropriate, and
771 voluntary trading of water quality credits to achieve the needed
772 pollutant load reductions.
773 2. A basin management action plan must equitably allocate,
774 pursuant to paragraph (6)(b), pollutant reductions to individual
775 basins, as a whole to all basins, or to each identified point
776 source or category of nonpoint sources, as appropriate. For
777 nonpoint sources for which best management practices have been
778 adopted, the initial requirement specified by the plan must be
779 those practices developed pursuant to paragraph (c). When
780 appropriate, the plan may take into account the benefits of
781 pollutant load reduction achieved by point or nonpoint sources
782 that have implemented management strategies to reduce pollutant
783 loads, including best management practices, before the
784 development of the basin management action plan. The plan must
785 also identify the mechanisms that will address potential future
786 increases in pollutant loading.
787 3. The basin management action planning process is intended
788 to involve the broadest possible range of interested parties,
789 with the objective of encouraging the greatest amount of
790 cooperation and consensus possible. In developing a basin
791 management action plan, the department shall assure that key
792 stakeholders, including, but not limited to, applicable local
793 governments, water management districts, the Department of
794 Agriculture and Consumer Services, other appropriate state
795 agencies, local soil and water conservation districts,
796 environmental groups, regulated interests, and affected
797 pollution sources, are invited to participate in the process.
798 The department shall hold at least one public meeting in the
799 vicinity of the watershed or basin to discuss and receive
800 comments during the planning process and shall otherwise
801 encourage public participation to the greatest practicable
802 extent. Notice of the public meeting must be published in a
803 newspaper of general circulation in each county in which the
804 watershed or basin lies at least 5 days, but not more than 15
805 days, before the public meeting. A basin management action plan
806 does not supplant or otherwise alter any assessment made under
807 subsection (3) or subsection (4) or any calculation or initial
808 allocation.
809 4. Each new or revised basin management action plan must
810 shall include all of the following:
811 a. The appropriate management strategies available through
812 existing water quality protection programs to achieve total
813 maximum daily loads, which may provide for phased implementation
814 to promote timely, cost-effective actions as provided for in s.
815 403.151.;
816 b. A description of best management practices adopted by
817 rule.;
818 c. For the applicable 5-year implementation milestone, a
819 list of projects that will achieve the pollutant load reductions
820 needed to meet the total maximum daily load or the load
821 allocations established pursuant to subsection (6). Each project
822 must include a planning-level cost estimate and an estimated
823 date of completion. A list of projects in priority ranking with
824 a planning-level cost estimate and estimated date of completion
825 for each listed project;
826 d. A list of projects developed pursuant to paragraph (e),
827 if applicable.
828 e.d. The source and amount of financial assistance to be
829 made available by the department, a water management district,
830 or other entity for each listed project, if applicable.; and
831 f.e. A planning-level estimate of each listed project’s
832 expected load reduction, if applicable.
833 5. The department shall adopt all or any part of a basin
834 management action plan and any amendment to such plan by
835 secretarial order pursuant to chapter 120 to implement this
836 section.
837 6. The basin management action plan must include 5-year
838 milestones for implementation and water quality improvement, and
839 an associated water quality monitoring component sufficient to
840 evaluate whether reasonable progress in pollutant load
841 reductions is being achieved over time. An assessment of
842 progress toward these milestones shall be conducted every 5
843 years, and revisions to the plan shall be made as appropriate.
844 Any entity with a specific pollutant load reduction requirement
845 established in a basin management action plan shall identify the
846 projects or strategies that such entity will undertake to meet
847 current 5-year pollution reduction milestones, beginning with
848 the first 5-year milestone for new basin management action
849 plans, and submit such projects to the department for inclusion
850 in the appropriate basin management action plan. Each project
851 identified must include an estimated amount of nutrient
852 reduction that is reasonably expected to be achieved based on
853 the best scientific information available. Revisions to the
854 basin management action plan shall be made by the department in
855 cooperation with basin stakeholders. Revisions to the management
856 strategies required for nonpoint sources must follow the
857 procedures in subparagraph (c)4. Revised basin management action
858 plans must be adopted pursuant to subparagraph 5.
859 7. In accordance with procedures adopted by rule under
860 paragraph (9)(c), basin management action plans, and other
861 pollution control programs under local, state, or federal
862 authority as provided in subsection (4), may allow point or
863 nonpoint sources that will achieve greater pollutant reductions
864 than required by an adopted total maximum daily load or
865 wasteload allocation to generate, register, and trade water
866 quality credits for the excess reductions to enable other
867 sources to achieve their allocation; however, the generation of
868 water quality credits does not remove the obligation of a source
869 or activity to meet applicable technology requirements or
870 adopted best management practices. Such plans must allow trading
871 between NPDES permittees, and trading that may or may not
872 involve NPDES permittees, where the generation or use of the
873 credits involve an entity or activity not subject to department
874 water discharge permits whose owner voluntarily elects to obtain
875 department authorization for the generation and sale of credits.
876 8. The department’s rule relating to the equitable
877 abatement of pollutants into surface waters do not apply to
878 water bodies or waterbody water body segments for which a basin
879 management plan that takes into account future new or expanded
880 activities or discharges has been adopted under this section.
881 9. In order to promote resilient wastewater utilities, if
882 the department identifies domestic wastewater treatment
883 facilities or onsite sewage treatment and disposal systems as
884 contributors of at least 20 percent of point source or nonpoint
885 source nutrient pollution or if the department determines
886 remediation is necessary to achieve the total maximum daily
887 load, a basin management action plan for a nutrient total
888 maximum daily load must include the following:
889 a. A wastewater treatment plan developed by each local
890 government, in cooperation with the department, the water
891 management district, and the public and private domestic
892 wastewater treatment facilities within the jurisdiction of the
893 local government, that addresses domestic wastewater. The
894 wastewater treatment plan must:
895 (I) Provide for construction, expansion, or upgrades
896 necessary to achieve the total maximum daily load requirements
897 applicable to the domestic wastewater treatment facility.
898 (II) Include the permitted capacity in average annual
899 gallons per day for the domestic wastewater treatment facility;
900 the average nutrient concentration and the estimated average
901 nutrient load of the domestic wastewater; a projected timeline
902 of the dates by which the construction of any facility
903 improvements will begin and be completed and the date by which
904 operations of the improved facility will begin; the estimated
905 cost of the improvements; and the identity of responsible
906 parties.
907
908 The wastewater treatment plan must be adopted as part of the
909 basin management action plan no later than July 1, 2025. A local
910 government that does not have a domestic wastewater treatment
911 facility in its jurisdiction is not required to develop a
912 wastewater treatment plan unless there is a demonstrated need to
913 establish a domestic wastewater treatment facility within its
914 jurisdiction to improve water quality necessary to achieve a
915 total maximum daily load. A local government is not responsible
916 for a private domestic wastewater facility’s compliance with a
917 basin management action plan unless such facility is operated
918 through a public-private partnership to which the local
919 government is a party.
920 b. An onsite sewage treatment and disposal system
921 remediation plan developed by each local government in
922 cooperation with the department, the Department of Health, water
923 management districts, and public and private domestic wastewater
924 treatment facilities.
925 (I) The onsite sewage treatment and disposal system
926 remediation plan must identify cost-effective and financially
927 feasible projects necessary to achieve the nutrient load
928 reductions required for onsite sewage treatment and disposal
929 systems. To identify cost-effective and financially feasible
930 projects for remediation of onsite sewage treatment and disposal
931 systems, the local government shall:
932 (A) Include an inventory of onsite sewage treatment and
933 disposal systems based on the best information available;
934 (B) Identify onsite sewage treatment and disposal systems
935 that would be eliminated through connection to existing or
936 future central domestic wastewater infrastructure in the
937 jurisdiction or domestic wastewater service area of the local
938 government, that would be replaced with or upgraded to enhanced
939 nutrient-reducing onsite sewage treatment and disposal systems,
940 or that would remain on conventional onsite sewage treatment and
941 disposal systems;
942 (C) Estimate the costs of potential onsite sewage treatment
943 and disposal system connections, upgrades, or replacements; and
944 (D) Identify deadlines and interim milestones for the
945 planning, design, and construction of projects.
946 (II) The department shall adopt the onsite sewage treatment
947 and disposal system remediation plan as part of the basin
948 management action plan no later than July 1, 2025, or as
949 required for Outstanding Florida Springs under s. 373.807.
950 10. The installation of new onsite sewage treatment and
951 disposal systems constructed within a basin management action
952 plan area adopted under this section, a reasonable assurance
953 plan, or a pollution reduction plan is prohibited where
954 connection to a publicly owned or investor-owned sewerage system
955 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
956 or less within a basin management action plan adopted under this
957 section, a reasonable assurance plan, or a pollution reduction
958 plan where a publicly owned or investor-owned sewerage system is
959 not available, the installation of enhanced nutrient-reducing
960 onsite sewage treatment and disposal systems or other wastewater
961 treatment systems that achieve at least 65 percent nitrogen
962 reduction is required.
963 11.10. When identifying wastewater projects in a basin
964 management action plan, the department may not require the
965 higher cost option if it achieves the same nutrient load
966 reduction as a lower cost option. A regulated entity may choose
967 a different cost option if it complies with the pollutant
968 reduction requirements of an adopted total maximum daily load
969 and meets or exceeds the pollution reduction requirement of the
970 original project.
971 12. Annually, local governments subject to a basin
972 management action plan or located within the basin of a
973 waterbody not attaining nutrient or nutrient-related standards
974 must provide to the department an update on the status of
975 construction of sanitary sewers to serve such areas, in a manner
976 prescribed by the department.
977 (e) Cooperative agricultural regional water quality
978 improvement element.—
979 1. The department and, the Department of Agriculture and
980 Consumer Services, in cooperation with and owners of
981 agricultural operations in the basin, shall develop a
982 cooperative agricultural regional water quality improvement
983 element as part of a basin management action plan where only if:
984 a. Agricultural measures have been adopted by the
985 Department of Agriculture and Consumer Services pursuant to
986 subparagraph (c)2. and have been implemented and the water body
987 remains impaired;
988 b. Agricultural nonpoint sources contribute to at least 20
989 percent of nonpoint source nutrient discharges; or and
990 b.c. The department determines that additional measures, in
991 combination with state-sponsored regional projects and other
992 management strategies included in the basin management action
993 plan, are necessary to achieve the total maximum daily load.
994 2. The element will be implemented through the use of cost
995 effective and technically and financially practical regional
996 agricultural nutrient reduction cost-sharing projects and. The
997 element must include a list of such projects submitted to the
998 department by the Department of Agriculture and Consumer
999 Services which, in combination with the best management
1000 practices, additional measures, and other management strategies,
1001 will achieve the needed pollutant load reductions established
1002 for agricultural nonpoint sources cost-effective and technically
1003 and financially practical cooperative regional agricultural
1004 nutrient reduction projects that can be implemented on private
1005 properties on a site-specific, cooperative basis. Such
1006 cooperative regional agricultural nutrient reduction projects
1007 may include, but are not limited to, land acquisition in fee or
1008 conservation easements on the lands of willing sellers and site
1009 specific water quality improvement or dispersed water management
1010 projects. The list of regional projects included in the
1011 cooperative agricultural regional water quality improvement
1012 element must include a planning-level cost estimate of each
1013 project along with the estimated amount of nutrient reduction
1014 that such project will achieve on the lands of project
1015 participants.
1016 3. To qualify for participation in the cooperative
1017 agricultural regional water quality improvement element, the
1018 participant must have already implemented and be in compliance
1019 with best management practices or other measures adopted by the
1020 Department of Agriculture and Consumer Services pursuant to
1021 subparagraph (c)2. The element must may be included in the basin
1022 management action plan as a part of the next 5-year assessment
1023 under subparagraph (a)6.
1024 4. The department or the Department of Agriculture and
1025 Consumer Services may submit a legislative budget request to
1026 fund projects developed pursuant to this paragraph. In
1027 allocating funds for projects funded pursuant to this paragraph,
1028 the department shall provide at least 20 percent of its annual
1029 appropriation for projects in subbasins with the highest
1030 nutrient concentrations within a basin management action plan.
1031 Projects submitted pursuant to this paragraph are eligible for
1032 funding in accordance with s. 403.0673.
1033 Section 15. Section 403.0673, Florida Statutes, is amended
1034 to read:
1035 403.0673 Water quality improvement Wastewater grant
1036 program.—A wastewater grant program is established within the
1037 Department of Environmental Protection to address wastewater,
1038 stormwater, and agricultural sources of nutrient loading to
1039 surface water or groundwater.
1040 (1) The purpose of the grant program is to fund projects
1041 that will improve the quality of waterbodies that:
1042 (a) Are not attaining nutrient or nutrient-related
1043 standards;
1044 (b) Have an established total maximum daily load; or
1045 (c) Are located Subject to the appropriation of funds by
1046 the Legislature, the department may provide grants for the
1047 following projects within a basin management action plan area, a
1048 reasonable assurance plan area an alternative restoration plan
1049 adopted by final order, an accepted alternative restoration plan
1050 area, or a rural area of opportunity under s. 288.0656.
1051 (2) The department may provide grants for all of the
1052 following types of projects that reduce the amount of nutrients
1053 entering those waterbodies identified in subsection (1):
1054 (a) Connecting onsite sewage treatment and disposal systems
1055 to central sewer facilities.
1056 (b) Upgrading domestic wastewater treatment facilities to
1057 advanced waste treatment or greater.
1058 (c) Repairing, upgrading, expanding, or constructing
1059 stormwater treatment facilities that result in improvements to
1060 surface water or groundwater quality.
1061 (d) Repairing, upgrading, expanding, or constructing
1062 domestic wastewater treatment facilities that result in
1063 improvements to surface water or groundwater quality, including
1064 domestic wastewater reuse and collection systems.
1065 (e) Projects identified pursuant to s. 403.067(7)(a) or
1066 (7)(e).
1067 (f) Projects identified in a wastewater treatment plan or
1068 an onsite sewage treatment and disposal system remediation plan
1069 developed pursuant to s. 403.067(7)(a)9.a. and b.
1070 (g) Projects listed in a city or county capital improvement
1071 element pursuant to s. 163.3177(3)(a)4.b.
1072 (h) Retrofitting onsite sewage treatment and disposal
1073 systems to upgrade such systems to enhanced nutrient-reducing
1074 onsite sewage treatment and disposal systems where central
1075 sewerage is unavailable which will individually or collectively
1076 reduce excess nutrient pollution:
1077 (a) Projects to retrofit onsite sewage treatment and
1078 disposal systems to upgrade such systems to enhanced nutrient
1079 reducing onsite sewage treatment and disposal systems.
1080 (b) Projects to construct, upgrade, or expand facilities to
1081 provide advanced waste treatment, as defined in s. 403.086(4).
1082 (c) Projects to connect onsite sewage treatment and
1083 disposal systems to central sewer facilities.
1084 (3)(2) In allocating such funds, priority must be given to
1085 projects that subsidize the connection of onsite sewage
1086 treatment and disposal systems to wastewater treatment
1087 facilities. First priority must be given to subsidize the
1088 connection of onsite sewage treatment and disposal systems to
1089 existing infrastructure. Second priority must be given to any
1090 expansion of a collection or transmission system that promotes
1091 efficiency by planning the installation of wastewater
1092 transmission facilities to be constructed concurrently with
1093 other construction projects occurring within or along a
1094 transportation facility right-of-way. Third priority must be
1095 given to all other connections of onsite sewage treatment and
1096 disposal systems to wastewater treatment facilities. The
1097 department shall consider and prioritize those projects that:
1098 (a) Have the maximum estimated reduction in nutrient load
1099 per project;
1100 (b) Demonstrate project readiness;
1101 (c) Are cost-effective;
1102 (d) Have a cost share identified by the applicant, except
1103 for rural areas of opportunity;
1104 (e) Have previous state commitment and involvement in the
1105 project, considering previously funded phases, the total amount
1106 of previous state funding, and previous partial appropriations
1107 for the proposed project; or
1108 (f) Are in a the cost-effectiveness of the project; the
1109 overall environmental benefit of a project; the location where
1110 reductions are needed most to attain the water quality standards
1111 of a waterbody not attaining nutrient or nutrient-related
1112 standards.
1113
1114 Any project that does not result in reducing nutrient loading to
1115 a waterbody identified in subsection (1) is not eligible for
1116 funding under this section of a project; the availability of
1117 local matching funds; and projected water savings or quantity
1118 improvements associated with a project.
1119 (3) Each grant for a project described in subsection (1)
1120 must require a minimum of a 50-percent local match of funds.
1121 However, the department may, at its discretion, waive, in whole
1122 or in part, this consideration of the local contribution for
1123 proposed projects within an area designated as a rural area of
1124 opportunity under s. 288.0656.
1125 (4) The department shall coordinate annually with each
1126 water management district, as necessary, to identify potential
1127 projects grant recipients in each district.
1128 (5) The department shall coordinate with local governments
1129 and stakeholders to identify the most effective and beneficial
1130 water quality improvement projects.
1131 (6) The department shall coordinate with the Department of
1132 Agriculture and Consumer Services to prioritize the most
1133 effective and beneficial agricultural nonpoint source projects
1134 identified pursuant to s. 403.067(7)(e).
1135 (7) Beginning January 15, 2024 1, 2021, and each January
