THE BILL ITSELF
SB 1386
Implementation of the Recommendations of the Blue-Green Algae Task Force
Florida Senate - 2026 SB 1386 By Senator Smith 17-00181-26 20261386__
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A bill to be entitled
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An act relating to implementation of the
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recommendations of the Blue-Green Algae Task Force;
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amending s. 381.0065, F.S.; requiring owners of
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certain onsite sewage treatment and disposal systems
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to have the systems periodically inspected beginning
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on a specified date; requiring the Department of
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Environmental Protection to administer the inspection
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program and implement program standards, procedures,
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and requirements; providing for rulemaking; amending
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s. 403.067, F.S.; requiring that estimated pollutant
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load reductions in basin management action plans meet
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or exceed certain total maximum daily load
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requirements; revising requirements for the allocation
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of pollutant load reductions in such plans; requiring
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that the plans provide strategies for mitigating or
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eliminating pollutant load increases; requiring that
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the strategies be reevaluated during plan updates;
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requiring the department to assess certain projects;
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requiring that the written assessments be included in
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plan updates; deleting obsolete provisions; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (8) and (9) of section
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381.0065, Florida Statutes, are redesignated as subsections (9)
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and (10), respectively, and a new subsection (8) is added to
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that section, to read:
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381.0065 Onsite sewage treatment and disposal systems;
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regulation.—
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(8) PERIODIC INSPECTIONS.—Effective July 1, 2026, the owner
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of an onsite sewage treatment and disposal system, excluding a
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system required to have an operating permit, must have the
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system inspected at least once every 5 years to assess the
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fundamental operational condition of the system, prolong the
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life of the system, and identify any failure within the system.
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The department shall administer an onsite sewage treatment and
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disposal system inspection program for such periodic
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inspections. The department shall implement the program
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standards, procedures, and requirements and adopt rules that
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must include, at a minimum, all of the following:
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(a) A schedule for a 5-year inspection cycle.
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(b) A county-by-county implementation plan phased in over a
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10-year period, with first priority given to those areas within
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a priority focus area for springs identified by the department.
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(c) Minimum standards for a functioning system.
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(d) Requirements for the pumpout or repair of a failing
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system.
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(e) Enforcement procedures for failure of a system owner to
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obtain an inspection of the system and for failure of a
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contractor to timely report inspection results to the department
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and the system owner.
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Section 2. Paragraph (a) of subsection (7) of section
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403.067, Florida Statutes, is amended to read:
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403.067 Establishment and implementation of total maximum
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daily loads.—
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(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
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IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
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(a) Basin management action plans.—
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1. In developing and implementing the total maximum daily
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load for a waterbody, the department, or the department in
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conjunction with a water management district, may develop a
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basin management action plan that addresses some or all of the
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watersheds and basins tributary to the waterbody. Such plan must
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integrate the appropriate management strategies available to the
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state through existing water quality protection programs to
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achieve the total maximum daily loads and may provide for phased
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implementation of these management strategies to promote timely,
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cost-effective actions as provided for in s. 403.151. Estimated
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pollutant load reductions in a basin management action plan must
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meet or exceed the total amount of pollutant load reductions
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needed to meet the total maximum daily load requirements under
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the plan. The plan must establish a schedule implementing the
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management strategies, establish a basis for evaluating the
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plan’s effectiveness, and identify feasible funding strategies
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for implementing the plan’s management strategies. The
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management strategies may include regional treatment systems or
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other public works, when appropriate, and voluntary trading of
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water quality credits to achieve the needed pollutant load
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reductions.
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2. A basin management action plan must equitably allocate,
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pursuant to paragraph (6)(b), pollutant load reductions to
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individual basins, as a whole to all basins, or to each
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identified point source or category of nonpoint sources, as
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appropriate. For nonpoint sources for which best management
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practices have been adopted, the initial requirement specified
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by the plan must be those practices developed pursuant to
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paragraph (c). When appropriate, the plan may consider take into
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account the benefits of pollutant load reduction achieved by
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point or nonpoint sources that have implemented management
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strategies to reduce pollutant loads, including best management
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practices, before the development of the basin management action
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plan. The allocation must consider projected increases in
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pollutant loading related to population growth as estimated by
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the University of Florida Bureau of Economic and Business
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Research and projected increases in pollutant loading related to
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agricultural growth based on agricultural water use estimates by
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the Department of Agriculture and Consumer Services. The plan
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must provide strategies for mitigating or eliminating the
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pollutant load increases for the life of the plan. The
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strategies must be reevaluated during each plan update The plan
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must also identify the mechanisms that will address potential
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future increases in pollutant loading .
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3. The basin management action planning process is intended
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to involve the broadest possible range of interested parties,
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with the objective of encouraging the greatest amount of
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cooperation and consensus possible. In developing a basin
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management action plan, the department shall assure that key
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stakeholders, including, but not limited to, applicable local
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governments, water management districts, the Department of
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Agriculture and Consumer Services, other appropriate state
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agencies, local soil and water conservation districts,
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environmental groups, regulated interests, and affected
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pollution sources, are invited to participate in the process.
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The department shall hold at least one public meeting in the
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vicinity of the watershed or basin to discuss and receive
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comments during the planning process and shall otherwise
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encourage public participation to the greatest practicable
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extent. Notice of the public meeting must be published in a
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newspaper of general circulation in each county in which the
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watershed or basin lies at least 5 days, but not more than 15
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days, before the public meeting. A basin management action plan
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does not supplant or otherwise alter any assessment made under
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subsection (3) or subsection (4) or any calculation or initial
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allocation.
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4. a. Each new or revised basin management action plan must
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include all of the following:
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(I) a. The appropriate management strategies available
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through existing water quality protection programs to achieve
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total maximum daily loads, which may provide for phased
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implementation to promote timely, cost-effective actions as
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provided for in s. 403.151.
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(II) b. A description of best management practices adopted
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by rule.
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(III) c. For the applicable 5-year implementation milestone,
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a list of projects that will achieve the pollutant load
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reductions needed to meet the total maximum daily load or the
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load allocations established pursuant to subsection (6). Each
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project must include a planning-level cost estimate and an
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estimated date of completion.
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(IV) d. A list of projects developed pursuant to paragraph
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(e), if applicable.
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(V) e. The source and amount of financial assistance to be
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made available by the department, a water management district,
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or other entity for each listed project, if applicable.
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(VI) f. A planning-level estimate of each listed project’s
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expected load reduction, if applicable.
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b. For each project listed pursuant to this subparagraph
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which has a total cost that exceeds $1 million, the department
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shall, through integrated and comprehensive monitoring, assess
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whether the project is working to reduce nutrient pollution or
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water use, or both, as intended. The written assessments must be
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completed expeditiously and included in each plan update.
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5. The department shall adopt all or any part of a basin
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management action plan and any amendment to such plan by
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secretarial order pursuant to chapter 120 to implement this
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section.
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6. The basin management action plan must include 5-year
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milestones for implementation and water quality improvement, and
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an associated water quality monitoring component sufficient to
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evaluate whether reasonable progress in pollutant load
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reductions is being achieved over time. An assessment of
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progress toward these milestones must shall be conducted every 5
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years, and revisions to the plan shall be made as appropriate.
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Any entity with a specific pollutant load reduction requirement
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established in a basin management action plan shall identify the
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projects or strategies that such entity will undertake to meet
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current 5-year pollution reduction milestones, beginning with
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the first 5-year milestone for new basin management action
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plans, and submit such projects to the department for inclusion
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in the appropriate basin management action plan. Each project
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identified must include an estimated amount of nutrient
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reduction that is reasonably expected to be achieved based on
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the best scientific information available. Revisions to the
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basin management action plan must shall be made by the
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department in cooperation with basin stakeholders. Revisions to
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the management strategies required for nonpoint sources must
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follow the procedures in subparagraph (c)4. Revised basin
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management action plans must be adopted pursuant to subparagraph
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5.
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7. In accordance with procedures adopted by rule under
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paragraph (9)(c), basin management action plans, and other
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pollution control programs under local, state, or federal
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authority as provided in subsection (4), may allow point or
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nonpoint sources that will achieve greater pollutant reductions
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than required by an adopted total maximum daily load or
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wasteload allocation to generate, register, and trade water
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quality credits for the excess reductions to enable other
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sources to achieve their allocation; however, the generation of
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water quality credits does not remove the obligation of a source
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or activity to meet applicable technology requirements or
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adopted best management practices. Such plans must allow trading
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between NPDES permittees, and trading that may or may not
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involve NPDES permittees, where the generation or use of the
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credits involve an entity or activity not subject to department
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water discharge permits whose owner voluntarily elects to obtain
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department authorization for the generation and sale of credits.
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8. The department’s rule relating to the equitable
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abatement of pollutants into surface waters does do not apply to
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water bodies or waterbody segments for which a basin management
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plan that considers takes into account future new or expanded
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activities or discharges has been adopted under this section.
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9. In order to promote resilient wastewater utilities, if
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the department identifies domestic wastewater treatment
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facilities or onsite sewage treatment and disposal systems as
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contributors of at least 20 percent of point source or nonpoint
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source nutrient pollution or if the department determines
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remediation is necessary to achieve the total maximum daily
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load, a basin management action plan for a nutrient total
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maximum daily load must include the following:
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a. A domestic wastewater treatment plan developed by each
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local government, in cooperation with the department, the water
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management district, and the public and private domestic
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wastewater treatment facilities providing services or located
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within the jurisdiction of the local government, which addresses
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domestic wastewater. Private domestic wastewater facilities and
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special districts providing domestic wastewater services must
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provide the required wastewater facility information to the
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applicable local governments. The domestic wastewater treatment
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plan must:
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(I) Provide for construction, expansion, or upgrades
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necessary to achieve the total maximum daily load requirements
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applicable to the domestic wastewater treatment facility.
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(II) Include the permitted capacity in average annual
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gallons per day for the domestic wastewater treatment facility;
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the average nutrient concentration and the estimated average
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nutrient load of the domestic wastewater; a projected timeline
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of the dates by which the construction of any facility
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improvements will begin and be completed and the date by which
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operations of the improved facility will begin; the estimated
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cost of the improvements; and the identity of responsible
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parties.
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The domestic wastewater treatment plan must be adopted as part
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of the basin management action plan no later than July 1, 2025.
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A local government that does not have a domestic wastewater
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treatment facility in its jurisdiction is not required to
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develop a domestic wastewater treatment plan unless there is a
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demonstrated need to establish a domestic wastewater treatment
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facility within its jurisdiction to improve water quality
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necessary to achieve a total maximum daily load. A local
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government is not responsible for a private domestic wastewater
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facility’s compliance with a basin management action plan unless
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such facility is operated through a public-private partnership
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to which the local government is a party.
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b. An onsite sewage treatment and disposal system
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remediation plan developed by each local government in
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cooperation with the department, the Department of Health, water
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management districts, and public and private domestic wastewater
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treatment facilities.
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(I) The onsite sewage treatment and disposal system
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remediation plan must identify cost-effective and financially
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feasible projects necessary to achieve the nutrient load
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reductions required for onsite sewage treatment and disposal
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systems. To identify cost-effective and financially feasible
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projects for remediation of onsite sewage treatment and disposal
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systems, the local government shall:
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(A) Include an inventory of onsite sewage treatment and
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disposal systems based on the best information available;
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(B) Identify onsite sewage treatment and disposal systems
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that would be eliminated through connection to existing or
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future central domestic wastewater infrastructure in the
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jurisdiction or domestic wastewater service area of the local
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government, that would be replaced with or upgraded to enhanced
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nutrient-reducing onsite sewage treatment and disposal systems,
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or that would remain on conventional onsite sewage treatment and
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disposal systems;
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(C) Estimate the costs of potential onsite sewage treatment
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and disposal system connections, upgrades, or replacements; and
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(D) Identify deadlines and interim milestones for the
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planning, design, and construction of projects.
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(II) The department shall adopt the onsite sewage treatment
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and disposal system remediation plan as part of the basin
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management action plan no later than July 1, 2025, or as
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required for Outstanding Florida Springs under s. 373.807.
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10. The installation of new onsite sewage treatment and
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disposal systems constructed within a basin management action
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plan area adopted under this section, a reasonable assurance
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plan, or a pollution reduction plan is prohibited where
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connection to a publicly owned or investor-owned sewerage system
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is available as defined in s. 381.0065(2)(a). On lots of 1 acre
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or less within a basin management action plan adopted under this
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section, a reasonable assurance plan, or a pollution reduction
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plan where a publicly owned or investor-owned sewerage system is
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not available, the installation of enhanced nutrient-reducing
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onsite sewage treatment and disposal systems or other wastewater
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treatment systems that achieve at least 65 percent nitrogen
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reduction is required.
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11. When identifying wastewater projects in a basin
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management action plan, the department may not require the
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higher cost option if it achieves the same nutrient load
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reduction as a lower cost option. A regulated entity may choose
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a different cost option if it complies with the pollutant
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reduction requirements of an adopted total maximum daily load
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and meets or exceeds the pollution reduction requirement of the
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original project.
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12. Annually, local governments subject to a basin
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management action plan or located within the basin of a
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waterbody not attaining nutrient or nutrient-related standards
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must provide to the department an update on the status of
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construction of sanitary sewers to serve such areas, in a manner
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prescribed by the department.
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Section 3. This act shall take effect July 1, 2026.