Bill Text: FL S1700 | 2017 | Regular Session | Introduced
Bill Title: Water Management
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Environmental Preservation and Conservation [S1700 Detail]
Download: Florida-2017-S1700-Introduced.html
Florida Senate - 2017 SB 1700 By Senator Farmer 34-01374-17 20171700__ 1 A bill to be entitled 2 An act relating to water management; amending s. 3 373.036, F.S.; requiring district water management 4 plans for districts including Outstanding Florida 5 Springs to include certain maximum sustainable 6 groundwater estimates; amending s. 373.0421, F.S.; 7 requiring the water management district, instead of 8 the Department of Environmental Protection, to conduct 9 reviews of certain regional water supply plans upon 10 the denial of an application for a water use permit 11 due to impact on minimum flow or water level; 12 requiring the district to update the plan under 13 certain conditions; amending s. 373.223, F.S.; 14 revising the conditions for consumptive use permits; 15 deleting rulemaking authorizations; deleting an 16 authorization to enforce rules in effect on a certain 17 date; amending s. 373.705, F.S.; revising the criteria 18 for determining whether certain water supply 19 development projects are given first consideration for 20 funding assistance to include whether a project 21 maximizes water conservation; amending s. 373.805, 22 F.S.; requiring a district or the department, if an 23 Outstanding Florida Spring is below minimum flow or 24 water level, to reserve certain water quantities from 25 permit applicants; amending s. 373.807, F.S.; 26 requiring that basin management action plans for 27 Outstanding Florida Springs include allocation of 28 certain load reductions for point source and nonpoint 29 source pollution; requiring agricultural producers to 30 implement certain practices within a specified 31 timeframe after the adoption of a basin management 32 action plan; requiring the Department of Agriculture 33 and Consumer Services to require that records of 34 nutrient applications be transmitted at least 35 annually; requiring the department to assemble this 36 data and relevant analysis and make such information 37 available to the public; requiring the department to 38 initiate rulemaking by a specified date; amending s. 39 373.811, F.S.; revising the prohibited activities in a 40 priority focus area in effect for an Outstanding 41 Florida Spring; creating s. 373.814, F.S.; requiring 42 the Department of Agriculture and Consumer Services 43 and the department to determine whether fully 44 implemented agricultural best management practices 45 would enable the agricultural sector within basin 46 management action plan areas to comply with allocated 47 pollutant reductions; requiring the Department of 48 Agriculture and Consumer Services to revise best 49 management practices under certain conditions; 50 requiring the Department of Environmental Protection 51 to determine whether certain types of agricultural 52 operations are inconsistent with springs protection 53 within basin management action plan areas; requiring 54 the department to coordinate with the Department of 55 Agriculture and Consumer Services to fund certain 56 conservation easements under certain conditions; 57 providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Paragraph (f) is added to subsection (2) of 62 section 373.036, Florida Statutes, to read: 63 373.036 Florida water plan; district water management 64 plans.— 65 (2) DISTRICT WATER MANAGEMENT PLANS.— 66 (f) For each water management district containing an 67 Outstanding Florida Spring, as defined in s. 373.802, an 68 estimate of the maximum sustainable groundwater withdrawal for 69 that district which would balance the needs of healthy spring 70 ecosystems and a healthy human economy during all conditions. 71 Section 2. Subsection (4) of section 373.0421, Florida 72 Statutes, is amended to read: 73 373.0421 Establishment and implementation of minimum flows 74 and minimum water levels.— 75 (4)The water management district shall notify the76departmentIf an application for a water use permit is denied 77 based upon the impact that the use will have on an adopted 78 minimum flow or minimum water level, the applicable water 79 management district. Upon receipt of such notice, the department80 shall, as soon as practicable,and in cooperation with the water81management district,conduct a review of the applicable regional 82 water supply plan prepared pursuant to s. 373.709. Such review 83 shall include an assessment by the water management district 84departmentof the adequacy of the plan in addressing the 85 legislative intent of s. 373.705(2)(a) which provides that 86 sufficient water be available for all existing and future 87 reasonable-beneficial uses and natural systems and that the 88 adverse effects of competition for water supplies be avoided. If 89 the water management districtdepartmentdetermines, based upon 90 this review, that the regional water supply plan does not 91 adequately address the legislative intent of s. 373.705(2)(a), 92 the water management district shallimmediatelyinitiate an 93 update of the plan consistent with s. 373.709 within 1 year. 94 Section 3. Subsection (6) of section 373.223, Florida 95 Statutes, is amended to read: 96 373.223 Conditions for a permit.— 97 (6) Anewconsumptive use permit, or the renewal or98modification of a consumptive use permit,that authorizes 99 groundwater withdrawals of 100,000 gallons or more per dayfrom100a well with an inside diameter of 8 inches or moreshall be 101 monitored for water usageat intervals using methods determined102by the applicable water management district,and the results of 103 such monitoring shall be reported to the applicable water 104 management district at least quarterlyannually. The water 105 management districts shall implement this subsection by 106 following the general procedures in the Southwest Florida Water 107 Management District’s Water Use Permit Applicant’s Handbook Part 108 B, dated May 19, 2014may adopt rules to implement this109subsection.In lieu of the requirements of this subsection, a110water management district may enforce rules that govern water111usage monitoring in effect on July 1, 2016, or may adopt rules112that are more stringent than this subsection.113 Section 4. Subsection (4) of section 373.705, Florida 114 Statutes, is amended to read: 115 373.705 Water resource development; water supply 116 development.— 117 (4)(a) Water supply development projects that are 118 consistent with the relevant regional water supply plans and 119 that meet one or more of the following criteria shall receive 120 priority consideration for state or water management district 121 funding assistance: 122 1. The project supports establishment of a dependable, 123 sustainable supply of water which is not otherwise financially 124 feasible; 125 2. The project provides substantial environmental benefits 126 by preventing or limiting adverse water resource impacts, but 127 requires funding assistance to be economically competitive with 128 other options; or 129 3. The project significantly implements reuse, storage, 130 recharge, or conservation of water in a manner that contributes 131 to the sustainability of regional water sources. 132 (b) Water supply development projects that meet the 133 criteria in paragraph (a) and that meet one or more of the 134 following additional criteria shall be given first consideration 135 for state or water management district funding assistance: 136 1. The project brings about replacement of existing sources 137 in order to help implement a minimum flow or minimum water 138 level; 139 2. The project implements reuse that assists in the 140 elimination of domestic wastewater ocean outfalls as provided in 141 s. 403.086(9); or 142 3. The project reduces or eliminates the adverse effects of 143 competition between legal users and the natural system and 144 maximizes water conservation. 145 Section 5. Present subsection (5) of section 373.805, 146 Florida Statutes, is redesignated as subsection (6), and a new 147 subsection (5) is added to that section, to read: 148 373.805 Minimum flows and minimum water levels for 149 Outstanding Florida Springs.— 150 (5) If an Outstanding Florida Spring is below the minimum 151 flow or minimum water level, the district or the department 152 shall by rule reserve sufficient water from use by permit 153 applicants pursuant to s. 373.223(4) to restore the minimum flow 154 or water level. 155 Section 6. Paragraph (b) of subsection (1) and subsection 156 (3) of section 373.807, Florida Statutes, are amended, and 157 subsections (5) and (6) are added to that section, to read: 158 373.807 Protection of water quality in Outstanding Florida 159 Springs.—By July 1, 2016, the department shall initiate 160 assessment, pursuant to s. 403.067(3), of Outstanding Florida 161 Springs or spring systems for which an impairment determination 162 has not been made under the numeric nutrient standards in effect 163 for spring vents. Assessments must be completed by July 1, 2018. 164 (1) 165 (b) A basin management action plan for an Outstanding 166 Florida Spring shall be adopted within 2 years after its 167 initiation and must include, at a minimum: 168 1. A list of all specific projects and programs identified 169 to implement a nutrient total maximum daily load; 170 2. A list of all specific projects identified in any 171 incorporated onsite sewage treatment and disposal system 172 remediation plan, if applicable; 173 3. A priority rank for each listed project; 174 4. For each listed project, a planning level cost estimate 175 and the estimated date of completion; 176 5. The source and amount of financial assistance to be made 177 available by the department, a water management district, or 178 other entity for each listed project; 179 6. An estimate of each listed project’s nutrient load 180 reduction; 181 7. Identification of each point source or category of 182 nonpoint sources, including, but not limited to, urban turf 183 fertilizer, sports turf fertilizer, agricultural fertilizer, 184 onsite sewage treatment and disposal systems, wastewater 185 treatment facilities, animal wastes, and stormwater facilities. 186 An estimated allocation of the pollutant load must be provided 187 for each point source or category of nonpoint sources;and188 8. An estimated allocation of pollutant load reductions to 189 both surface water and groundwater for each point source or 190 category of nonpoint sources; and 191 9.8.An implementation plan designed with a target to 192 achieve the nutrient total maximum daily load no more than 20 193 years after the adoption of a basin management action plan. 194 195 The department shall develop a schedule establishing 5-year, 10 196 year, and 15-year targets for achieving the nutrient total 197 maximum daily load. The schedule shall be used to provide 198 guidance for planning and funding purposes and is exempt from 199 chapter 120. 200 (3) As part of a basin management action plan that includes 201 an Outstanding Florida Spring, the department, the Department of 202 Health, relevant local governments, and relevant local public 203 and private wastewater utilities shall develop an onsite sewage 204 treatment and disposal system remediation plan for a spring if 205 the department determines onsite sewage treatment and disposal 206 systems within a priority focus area contribute at least 20 207 percent of nonpoint source nitrogen pollution or if the 208 department determines remediation is necessary to achieve the 209 total maximum daily load. The plan shall identify cost-effective 210 and financially feasible projects necessary to reduce the 211 nutrient impacts from onsite sewage treatment and disposal 212 systems and shall be completed and adopted as part of the basin 213 management action plan no later than the first 5-year milestone 214 required by subparagraph (1)(b)9subparagraph (1)(b)8. The 215 department is the lead agency in coordinating the preparation of 216 and the adoption of the plan. The department shall: 217 (a) Collect and evaluate credible scientific information on 218 the effect of nutrients, particularly forms of nitrogen, on 219 springs and springs systems; and 220 (b) Develop a public education plan to provide area 221 residents with reliable, understandable information about onsite 222 sewage treatment and disposal systems and springs. 223 224 In addition to the requirements in s. 403.067, the plan shall 225 include options for repair, upgrade, replacement, drainfield 226 modification, addition of effective nitrogen reducing features, 227 connection to a central sewerage system, or other action for an 228 onsite sewage treatment and disposal system or group of systems 229 within a priority focus area that contribute at least 20 percent 230 of nonpoint source nitrogen pollution or if the department 231 determines remediation is necessary to achieve a total maximum 232 daily load. For these systems, the department shall include in 233 the plan a priority ranking for each system or group of systems 234 that requires remediation and shall award funds to implement the 235 remediation projects contingent on an appropriation in the 236 General Appropriations Act, which may include all or part of the 237 costs necessary for repair, upgrade, replacement, drainfield 238 modification, addition of effective nitrogen reducing features, 239 initial connection to a central sewerage system, or other 240 action. In awarding funds, the department may consider expected 241 nutrient reduction benefit per unit cost, size and scope of 242 project, relative local financial contribution to the project, 243 and the financial impact on property owners and the community. 244 The department may waive matching funding requirements for 245 proposed projects within an area designated as a rural area of 246 opportunity under s. 288.0656. 247 (5) Each agricultural producer, within 2 years after the 248 adoption of a basin management action plan, must: 249 (a) Implement the best management practices or other 250 measures necessary to achieve pollution reduction levels 251 established by the department pursuant to s. 403.067(7)(c), or 252 conduct water quality monitoring prescribed by the department or 253 the applicable water management district. 254 (b) The Department of Agriculture and Consumer Services, in 255 consultation with the department, shall develop rules to 256 implement this subsection. 257 (6) The Department of Agriculture and Consumer Services 258 shall: 259 (a) Require by rule that all records of nutrient 260 applications be transmitted electronically to the Department of 261 Agriculture and Consumer Services at least annually. 262 (b) Assemble this data for each priority focus area and 263 basin management action plan area. 264 (c) Provide the assembled data and any relevant analysis to 265 the department in a timely manner for use by the department in 266 its restoration responsibilities under basin management action 267 plans. 268 (d) Provide public access to the assembled data in a manner 269 that does not violate s. 403.067(7)(c)5. 270 (e) Initiate rulemaking to implement this subsection by 271 July 1, 2018. 272 Section 7. Section 373.811, Florida Statutes, is amended to 273 read: 274 373.811 Prohibited activities within a priority focus 275 area.—The following activities are prohibited within a priority 276 focus area in effect for an Outstanding Florida Spring: 277 (1) New domestic or industrial wastewater disposal 278 facilities, including rapid infiltration basins, with permitted 279 capacities of 100,000 gallons per day or more, except for those 280 facilities that meet an advanced wastewater treatment standard 281 of no more than 3 mg/l total nitrogen, expressed as N, on an 282 annual permitted basis, or a more stringent treatment standard 283 if the department determines the more stringent standard is 284 necessary to attain a total maximum daily load for the 285 Outstanding Florida Spring. 286 (2) New onsite sewage treatment and disposal systems on 287 lots ofless than1 acre or less, if the specific systems are 288 within a priority focus area of an Outstanding Florida Spring 289 for basins requiring an onsite sewage and disposal system 290 remediation plan pursuant toaddition of the specific systems291conflicts with an onsite treatment and disposal system292remediation plan incorporated into a basin management action293plan in accordance withs. 373.807(3). 294 (3) New facilities for the disposal of hazardous waste. 295 (4)TheLand application of Class A or Class B domestic 296 wastewater biosolidsnot in accordance with a department297approved nutrient management plan establishing the rate at which298all biosolids, soil amendments, and sources of nutrients at the299land application site can be applied to the land for crop300production while minimizing the amount of pollutants and301nutrients discharged to groundwater or waters of the state. 302 (5) New agriculture operations that do not implement best 303 management practices, measures necessary to achieve pollution 304 reduction levels established by the department, or groundwater 305 monitoring plans approved by a water management district or the 306 department. 307 (6) New concentrated animal feeding operations or intensive 308 cattle finishing and slaughter operations. 309 Section 8. Section 373.814, Florida Statutes, is created to 310 read: 311 373.814 Advanced Best Management Practices; land 312 practices.— 313 (1) For each basin management action plan that includes an 314 Outstanding Florida Spring, the Department of Agriculture and 315 Consumer Services and the department, pursuant to s. 316 403.067(7)(c)4., shall determine whether fully implemented 317 agricultural best management practices would enable the 318 agricultural sector within that basin management action plan 319 area to comply with its allocated pollutant reductions. This 320 determination must be based on the projected nutrient reductions 321 to be achieved by full implementation of the best management 322 practices as established by rule and outlined in the relevant 323 manuals published by the Department of Agriculture and Consumer 324 Services. If such implementation would not achieve compliance, 325 the Department of Agriculture and Consumer Services, in 326 cooperation with the department, applicable county and municipal 327 governments, and stakeholders, shall initiate rulemaking to 328 implement new or revised best management practices for improving 329 and protecting Outstanding Florida Springs and for requiring the 330 implementation of such practices within a reasonable timeframe 331 as specified by rule. 332 (2) Within each area subject to a basin management action 333 plan that includes an Outstanding Florida Spring, the department 334 shall determine whether certain types of agricultural 335 operations, such as intensive row cropping, are inconsistent 336 with springs protection, despite the application of best 337 management practices. If the department makes such a 338 determination that operations are inconsistent, the department 339 must coordinate with the Department of Agriculture and Consumer 340 Services to fund conservation easements on agricultural lands 341 with such inconsistent operations. The easements may include 342 converting the lands to less-polluting agricultural activities 343 such as long-leaf pine cultivation. 344 Section 9. This act shall take effect July 1, 2017.