CS/CS/CS/HB 1417 full text

2 An act relating to the Department of Environmental

3 Protection; amending s. 20.255, F.S.; removing

4 provisions creating the Environmental Regulation

5 Commission; amending s. 163.3205, F.S.; requiring

6 certain solar facility permit applicants to

7 incorporate certain protections in the development and

8 implementation of erosion and sediment control plans

9 for the construction of such facilities; specifying

10 requirements for such plans; providing requirements

11 for certain operational phase stormwater management

12 systems; requiring solar facility operators to

13 implement specified construction and operational

14 permit requirements; amending s. 255.065, F.S.;

15 revising the definition of the term "qualifying

16 project"; amending s. 373.469, F.S.; specifying that

17 commercial and residential properties of a specified

18 size with existing onsite sewage treatment and

19 disposal systems, and located in a certain area, must

20 connect to a central sewer or upgrade to a specified

21 type of nutrient-reducing wastewater treatment system;

22 requiring a permitting agency to notify a property

23 owner of such requirement if the agency, before a

24 certain date, receives an application to repair,

25 modify, or replace a conventional onsite sewage

26 treatment and disposal system on certain property;

27 creating s. 380.0934, F.S.; providing definitions;

28 authorizing the department to take certain actions to

29 encourage private sector investment in coastal

30 resiliency projects; requiring the department to

31 publish certain information on its website; amending

32 s. 403.0872, F.S.; revising the date by which certain

33 major permitted sources of air pollution must pay an

34 annual operation license fee; authorizing the

35 department to impose penalties; removing provisions

36 relating to certain administrative costs; repealing s.

37 403.804, F.S., relating to the powers and duties of

38 the Environmental Regulation Commission; amending ss.

39 120.81, 373.421, 376.302, 403.031, 403.061, 403.067,

40 403.1838, 403.704, 403.707, 403.7222, 403.7234,

41 403.803, 403.805, 403.8055, and 403.814, F.S.;

42 conforming provisions to changes made by the act;

43 reenacting s. 373.4595, F.S., relating to the Northern

44 Everglades and Estuaries Protection Program, to

45 incorporate the amendment made to s. 403.067, F.S., in

46 a reference thereto; reenacting s. 403.0873, F.S.,

47 relating to the Florida Air-Operation License Fee

48 Account, to incorporate the amendment made to s.

49 403.1838, F.S., in a reference thereto; reenacting s.

50 403.1835(3)(d), F.S., relating to water pollution

51 control financial assistance, to incorporate the

52 amendment made to s. 403.1838, F.S., in a reference

53 thereto; ratifying specified rules relating to the

54 Lower Santa Fe and Ichetucknee Rivers and Priority

55 Springs minimum flows and recovery strategy for the

56 sole and exclusive purpose of satisfying any condition

57 on effectiveness pursuant to s. 120.541(3), F.S.,

58 which requires ratification of any rule exceeding the

59 specified thresholds for likely adverse impact or

60 increase in regulatory costs; providing construction;

61 providing an effective date.

63 Be It Enacted by the Legislature of the State of Florida:

65 Section 1. Subsection (6) of section 20.255, Florida

66 Statutes, is amended to read:

67 20.255 Department of Environmental Protection.—There is

68 created a Department of Environmental Protection.

69 ~~(6) There is created as a part of the Department of~~

70 ~~Environmental Protection an Environmental Regulation Commission.~~

71 ~~The commission shall be composed of seven residents of this~~

72 ~~state appointed by the Governor, subject to confirmation by the~~

73 ~~Senate. In making appointments, the Governor shall provide~~

74 ~~reasonable representation from all sections of the state.~~

75 ~~Membership shall be representative of agriculture, the~~

76 ~~development industry, local government, the environmental~~

77 ~~community, lay citizens, and members of the scientific and~~

78 ~~technical community who have substantial expertise in the areas~~

79 ~~of the fate and transport of water pollutants, toxicology,~~

80 ~~epidemiology, geology, biology, environmental sciences, or~~

81 ~~engineering. The Governor shall appoint the chair, and the vice~~

82 ~~chair shall be elected from among the membership. All~~

83 ~~appointments shall be for 4-year terms. The Governor may at any~~

84 ~~time fill a vacancy for the unexpired term. The members of the~~

85 ~~commission shall serve without compensation, but shall be paid~~

86 ~~travel and per diem as provided in s. 112.061 while in the~~

87 ~~performance of their official duties. Administrative, personnel,~~

88 ~~and other support services necessary for the commission shall be~~

89 ~~furnished by the department. The commission may employ~~

90 ~~independent counsel and contract for the services of outside~~

91 ~~technical consultants.~~

92 Section 2. Subsection (5) of section 163.3205, Florida

93 Statutes, is renumbered as subsection (6), and a new subsection

94 (5) is added to that section, to read:

95 163.3205 Solar facility approval process; construction

96 requirements.—

97 (5) CONSTRUCTION BEST MANAGEMENT PRACTICES.—

98 (a)1. An applicant for permits required under s. 373.413

99 shall incorporate site-specific and appropriate additional

100 protections in the development and implementation of an erosion

101 and sediment control plan for the construction of a solar

102 facility. Such plans must include, but are not limited to, all

103 of the following:

104 a. Soil percolation testing on the premises of a proposed

105 solar facility.

106 b. Implementation of stormwater best management practices

107 and related erosion controls for runoff during the construction

108 of a solar facility that are based on rainfall amounts up to the

109 100-year, 24-hour design storm for the project site.

110 c. Clearing and stabilization in phases as needed to

111 reduce disturbed portions of the project site which may be

112 susceptible to erosion during construction.

113 2. Inspections must be performed by a certified Florida

114 Stormwater, Erosion, and Sedimentation Control Inspector during

115 construction to ensure the plan is being implemented in

116 accordance with the permitting requirements under s. 373.413.

117 (b) Within the jurisdictional boundary of the Northwest

118 Florida Water Management District, an operational phase

119 stormwater management system permitted under part IV of chapter

120 373 that serves a solar facility must be designed based on the

121 100-year, 24-hour design storm for the project site. This

122 paragraph applies to applications for new solar facilities filed

123 after July 1, 2026.

124 (c) The operator of a solar facility or a proposed solar

125 facility shall implement all construction and operational permit

126 requirements developed and applicable under paragraph (a).

127 Section 3. Paragraph (i) of subsection (1) of section

128 255.065, Florida Statutes, is amended to read:

129 255.065 Public-private partnerships.—

130 (1) DEFINITIONS.—As used in this section, the term:

131 (i) "Qualifying project" means:

132 1. A facility or project that serves a public purpose,

133 including, but not limited to, any ferry or mass transit

134 facility, vehicle parking facility, airport or seaport facility,

135 rail facility or project, fuel supply facility, oil or gas

136 pipeline, medical or nursing care facility, recreational

137 facility, sporting or cultural facility, or educational facility

138 or other building or facility that is used or will be used by a

139 public educational institution, or any other public facility or

140 infrastructure that is used or will be used by the public at

141 large or in support of an accepted public purpose or activity;

142 2. An improvement, including equipment, of a building that

143 will be principally used by a public entity or the public at

144 large or that supports a service delivery system in the public

145 sector;

146 3. A water, wastewater, or surface water management

147 facility or other related infrastructure; or

148 4. A coastal resiliency project as defined in s.

149 380.0934(1); or

150 5.4. Notwithstanding any provision of this section, for

151 projects that involve a facility owned or operated by the

152 governing board of a county, district, or municipal hospital or

153 health care system, or projects that involve a facility owned or

154 operated by a municipal electric utility, only those projects

155 that the governing board designates as qualifying projects

156 pursuant to this section.

157 Section 4. Paragraph (d) of subsection (3) of section

158 373.469, Florida Statutes, is amended to read:

159 373.469 Indian River Lagoon Protection Program.—

160 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian

161 River Lagoon Protection Program consists of the Banana River

162 Lagoon Basin Management Action Plan, Central Indian River Lagoon

163 Basin Management Action Plan, North Indian River Lagoon Basin

164 Management Action Plan, and Mosquito Lagoon Reasonable Assurance

165 Plan, and such plans are the components of the Indian River

166 Lagoon Protection Program which achieve phosphorous and nitrogen

167 load reductions for the Indian River Lagoon.

168 (d) Onsite sewage treatment and disposal systems.—

169 1. Beginning on January 1, 2024, unless previously

170 permitted, the installation of new onsite sewage treatment and

171 disposal systems is prohibited within the Banana River Lagoon

172 Basin Management Action Plan, Central Indian River Lagoon Basin

173 Management Action Plan, North Indian River Lagoon Basin

174 Management Action Plan, and Mosquito Lagoon Reasonable Assurance

175 Plan areas where a publicly owned or investor-owned sewerage

176 system is available as defined in s. 381.0065(2)(a). Where

177 central sewerage is not available, only enhanced nutrient-

178 reducing onsite sewage treatment and disposal systems or other

179 wastewater treatment systems that achieve at least 65 percent

180 nitrogen reduction are authorized.

181 2. By July 1, 2030, any commercial property or any

182 residential property of 10 acres or less with an existing onsite

183 sewage treatment and disposal system located within the Banana

184 River Lagoon Basin Management Action Plan, Central Indian River

185 Lagoon Basin Management Action Plan, North Indian River Lagoon

186 Basin Management Action Plan, and Mosquito Lagoon Reasonable

187 Assurance Plan areas must connect to central sewer if available

188 or upgrade to an enhanced nutrient-reducing onsite sewage

189 treatment and disposal system or other wastewater treatment

190 system that achieves at least 65 percent nitrogen reduction. For

191 all applications submitted before July 1, 2030, to a permitting

192 agency to repair, modify, or replace a conventional onsite

193 sewage treatment and disposal system on a commercial property or

194 a residential property of 10 acres or less, the permitting

195 agency shall notify the property owner of the requirement

196 provided in this subparagraph.

197 Section 5. Section 380.0934, Florida Statutes, is created

198 to read:

199 380.0934 Public-private partnerships for coastal

200 resiliency projects.—

201 (1) As used in this section, the term:

202 (a) "Coastal resiliency project" means:

203 1. Planning, contracting, and executing a project to

204 address flooding and sea level rise in a coastal or inland

205 community in this state under s. 380.093(5);

206 2. Public infrastructure repair and upgrades to seawalls

207 and stormwater drainage; and

208 3. Resiliency measures designed to withstand extreme

209 weather, mitigate flooding, and prevent coastal erosion,

210 including:

211 a. Acquisition of at-risk coastal and flood-prone

212 properties;

213 b. Acquisition of properties in areas at high risk of

214 flooding;

215 c. Infrastructure hardening and development of natural

216 barriers;

217 d. Construction of large-scale seawalls, levees, and

218 elevated flood barriers; or

219 e. Expansion and restoration of natural protective

220 systems.

221 (b) "Department" means the Department of Environmental

222 Protection.

223 (c) "Public-private partnership" means a coastal

224 resiliency project entered into by a local government under s.

225 255.065.

226 (2) To encourage investment from the private sector in

227 coastal resiliency projects, the department may:

228 (a) Enter into long-term revenue-sharing agreements.

229 (b) Provide expedited permitting for construction.

230 (c) Seek comments from local governments and the public

231 during project planning and execution and incorporate actions

232 responsive to such comments into the project.

233 (d) Engage in-state vocational schools and apprenticeship

234 programs to train workers in specialized resiliency

235 construction.

236 (3) The department shall publish on its website biennial

237 progress reports for each coastal resiliency project funded

238 through a public-private partnership, including project

239 milestones, expenditures, and public benefits. The department

240 shall also create and maintain on its website an online

241 dashboard for real-time updates on project execution.

242 Section 6. Subsection (11) of section 403.0872, Florida

243 Statutes, is amended to read:

244 403.0872 Operation permits for major sources of air

245 pollution; annual operation license fee.—Provided that program

246 approval pursuant to 42 U.S.C. s. 7661a has been received from

247 the United States Environmental Protection Agency, beginning

248 January 2, 1995, each major source of air pollution, including

249 electrical power plants certified under s. 403.511, must obtain

250 from the department an operation permit for a major source of

251 air pollution under this section. This operation permit is the

252 only department operation permit for a major source of air

253 pollution required for such source; provided, at the applicant's

254 request, the department shall issue a separate acid rain permit

255 for a major source of air pollution that is an affected source

256 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits

257 for major sources of air pollution, except general permits

258 issued pursuant to s. 403.814, must be issued in accordance with

259 the procedures contained in this section and in accordance with

260 chapter 120; however, to the extent that chapter 120 is

261 inconsistent with this section, the procedures contained in this

262 section prevail.

263 (11) Each major source of air pollution permitted to

264 operate in this state must pay by June 30 ~~between January 15 and~~

265 ~~April 1~~ of each year, upon written notice from the department,

266 an annual operation license fee in an amount determined by

267 department rule. The annual operation license fee shall be

268 terminated immediately in the event the United States

269 Environmental Protection Agency imposes annual fees solely to

270 implement and administer the major source air-operation permit

271 program in Florida under 40 C.F.R. s. 70.10(d).

272 (a) The annual fee must be assessed based upon the

273 source's previous year's emissions and must be calculated by

274 multiplying the applicable annual operation license fee factor

275 times the tons of each regulated air pollutant actually emitted,

276 as calculated in accordance with the department's emissions

277 computation and reporting rules. The annual fee shall only apply

278 to those regulated pollutants, except carbon monoxide and

279 greenhouse gases, for which an allowable numeric emission

280 limiting standard is specified in the source's most recent

281 construction or operation permit; provided, however, that:

282 1. The license fee factor is $25 or another amount

283 determined by department rule which ensures that the revenue

284 provided by each year's operation license fees is sufficient to

285 cover all reasonable direct and indirect costs of the major

286 stationary source air-operation permit program established by

287 this section. The license fee factor may be increased beyond $25

288 only if the secretary of the department affirmatively finds that

289 a shortage of revenue for support of the major stationary source

290 air-operation permit program will occur in the absence of a fee

291 factor adjustment. The annual license fee factor may never

292 exceed $35.

293 2. The amount of each regulated air pollutant in excess of

294 4,000 tons per year emitted by any source, or group of sources

295 belonging to the same Major Group as described in the Standard

296 Industrial Classification Manual, 1987, may not be included in

297 the calculation of the fee. Any source, or group of sources,

298 which does not emit any regulated air pollutant in excess of

299 4,000 tons per year, is allowed a one-time credit not to exceed

300 25 percent of the first annual licensing fee for the prorated

301 portion of existing air-operation permit application fees

302 remaining upon commencement of the annual licensing fees.

303 3. If the department has not received the fee ~~by March 1~~

304 ~~of the calendar year, the permittee must be sent a written~~

305 ~~warning of the consequences for failing to pay the fee by April~~

306 ~~1. If the fee is not postmarked~~ by June 30 ~~April 1~~ of the

307 calendar year, the department shall impose, in addition to the

308 fee, a penalty of 50 percent of the amount of the fee, plus

309 interest on such amount computed in accordance with s. 220.807.

310 The department may not impose such penalty or interest on any

311 amount underpaid, provided that the permittee has timely

312 remitted payment of at least 90 percent of the amount determined

313 to be due and remits full payment within 60 days after receipt

314 of notice of the amount underpaid. The department may waive the

315 collection of underpayment and may not be required to refund

316 overpayment of the fee, if the amount due is less than 1 percent

317 of the fee, up to $50. The department may revoke any major air

318 pollution source operation permit if it finds that the

319 permitholder has failed to timely pay any required annual

320 operation license fee, penalty, or interest.

321 4. Notwithstanding the computational provisions of this

322 subsection, the annual operation license fee for any source

323 subject to this section may not be less than $250, except that

324 the annual operation license fee for sources permitted solely

325 through general permits issued under s. 403.814 may not exceed

326 $50 per year.

327 5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes

328 air pollution construction permit fees, the department may not

329 require such fees for changes or additions to a major source of

330 air pollution permitted pursuant to this section, unless the

331 activity triggers permitting requirements under Title I, Part C

332 or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-

333 7514a. ~~Costs to issue and administer such permits shall be~~

334 ~~considered direct and indirect costs of the major stationary~~

335 ~~source air-operation permit program under s. 403.0873.~~ The

336 department shall, however, require fees pursuant to s.

337 403.087(7)(a)5.a. for the construction of a new major source of

338 air pollution that will be subject to the permitting

339 requirements of this section once constructed and for activities

340 triggering permitting requirements under Title I, Part C or Part

341 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.

342 (b) Annual operation license fees collected by the

343 department must be sufficient to cover all reasonable direct and

344 indirect costs required to develop and administer the major

345 stationary source air-operation permit program, which shall

346 consist of the following elements to the extent that they are

347 reasonably related to the regulation of major stationary air

348 pollution sources, in accordance with United States

349 Environmental Protection Agency regulations and guidelines:

350 1. Reviewing and acting upon any application for such a

351 permit.

352 2. Implementing and enforcing the terms and conditions of

353 any such permit, excluding court costs or other costs associated

354 with any enforcement action.

355 3. Emissions and ambient monitoring.

356 4. Preparing generally applicable regulations or guidance.

357 5. Modeling, analyses, and demonstrations.

358 6. Preparing inventories and tracking emissions.

359 7. Implementing the Small Business Stationary Source

360 Technical and Environmental Compliance Assistance Program.

361 8. Any audits conducted under paragraph (c).

362 (c) An audit of the major stationary source air-operation

363 permit program must be conducted 2 years after the United States

364 Environmental Protection Agency has given full approval of the

365 program to ascertain whether the annual operation license fees

366 collected by the department are used solely to support any

367 reasonable direct and indirect costs as listed in paragraph (b).

368 A program audit must be performed biennially after the first

369 audit.

370 Section 7. Section 403.804, Florida Statutes, is repealed.

371 Section 8. Subsection (6) of section 120.81, Florida

372 Statutes, is amended to read:

373 120.81 Exceptions and special requirements; general

374 areas.—

375 (6) RISK IMPACT STATEMENT.—The Department of Environmental

376 Protection shall prepare a risk impact statement for any rule

377 that is proposed for adoption which ~~approval by the~~

378 ~~Environmental Regulation Commission and that~~ establishes or

379 changes standards or criteria based on impacts to or effects

380 upon human health. The Department of Agriculture and Consumer

381 Services shall prepare a risk impact statement for any rule that

382 is proposed for adoption that establishes standards or criteria

383 based on impacts to or effects upon human health.

384 (a) This subsection does not apply to rules adopted

385 pursuant to federally delegated or mandated programs where such

386 rules are identical or substantially identical to the federal

387 regulations or laws being adopted or implemented by the

388 Department of Environmental Protection or Department of

389 Agriculture and Consumer Services, as applicable. However, the

390 Department of Environmental Protection and the Department of

391 Agriculture and Consumer Services shall identify any risk

392 analysis information available to them from the Federal

393 Government that has formed the basis of such a rule.

394 (b) This subsection does not apply to emergency rules

395 adopted pursuant to this chapter.

396 (c) The Department of Environmental Protection and the

397 Department of Agriculture and Consumer Services shall prepare

398 and publish notice of the availability of a clear and concise

399 risk impact statement for all applicable rules. The risk impact

400 statement must explain the risk to the public health addressed

401 by the rule and shall identify and summarize the source of the

402 scientific information used in evaluating that risk.

403 (d) ~~Nothing in~~ This subsection does not ~~shall be construed~~

404 to create a new cause of action or basis for challenging a rule

405 nor diminish any existing cause of action or basis for

406 challenging a rule.

407 Section 9. Subsection (1) of section 373.421, Florida

408 Statutes, is amended, and paragraph (b) of subsection (7) of

409 that section is reenacted, to read:

410 373.421 Delineation methods; formal determinations.—

411 (1) The department's ~~Environmental Regulation Commission~~

412 ~~shall adopt a~~ unified statewide methodology for the delineation

413 of the extent of wetlands as defined in s. 373.019(27). ~~This~~

414 ~~methodology~~ shall consider regional differences in the types of

415 soils and vegetation that may serve as indicators of the extent

416 of wetlands. This methodology shall also include provisions for

417 determining the extent of surface waters other than wetlands for

418 the purposes of regulation under s. 373.414. This methodology

419 shall not become effective until ratified by the Legislature.

420 Subsequent to legislative ratification, the wetland definition

421 in s. 373.019(27) and the adopted wetland methodology shall be

422 binding on the department, the water management districts, local

423 governments, and any other governmental entities. Upon

424 ratification of such wetland methodology, the Legislature

425 preempts the authority of any water management district, state

426 or regional agency, or local government to define wetlands or

427 develop a delineation methodology to implement the definition

428 and determines that the exclusive definition and delineation

429 methodology for wetlands shall be that established pursuant to

430 s. 373.019(27) and this section. Upon such legislative

431 ratification, any existing wetlands definition or wetland

432 delineation methodology shall be superseded by the wetland

433 definition and delineation methodology established pursuant to

434 this chapter. Subsequent to legislative ratification, a

435 delineation of the extent of a surface water or wetland by the

436 department or a water management district, pursuant to a formal

437 determination under subsection (2), or pursuant to a permit

438 issued under this part in which the delineation was field-

439 verified by the permitting agency and specifically approved in

440 the permit, shall be binding on all other governmental entities

441 for the duration of the formal determination or permit. All

442 existing rules and methodologies of the department, the water

443 management districts, and local governments, regarding surface

444 water or wetland definition and delineation shall remain in full

445 force and effect until the common methodology rule becomes

446 effective. However, this shall not be construed to limit any

447 power of the department, the water management districts, and

448 local governments to amend or adopt a surface water or wetland

449 definition or delineation methodology until the common

450 methodology rule becomes effective.

451 (7)

452 (b) Wetlands contiguous to surface waters of the state as

453 defined in s. 403.031(13), Florida Statutes (1991), shall be

454 delineated pursuant to the department's rules as such rules

455 existed prior to January 24, 1984, while wetlands not contiguous

456 to surface waters of the state as defined in s. 403.031(13),

457 Florida Statutes (1991), shall be delineated pursuant to the

458 applicable methodology ratified by s. 373.4211 for any

459 development which obtains an individual permit from the United

460 States Army Corps of Engineers under 33 U.S.C. s. 1344:

461 1. Where a jurisdictional determination validated by the

462 department pursuant to rule 17-301.400(8), Florida

463 Administrative Code, as it existed in rule 17-4.022, Florida

464 Administrative Code, on April 1, 1985, is revalidated pursuant

465 to s. 373.414(13) and the affected lands are part of a project

466 for which a vested rights determination has been issued pursuant

467 to s. 380.06, or

468 2. Where the lands affected were grandfathered pursuant to

469 s. 403.913(6), Florida Statutes (1991), and proof of prior

470 notification pursuant to s. 403.913(6), Florida Statutes (1991),

471 is submitted to the department within 180 days of the

472 publication of a notice by the department of the existence of

473 this provision. Failure to timely submit the proof of prior

474 notification to the department serves as a waiver of the

475 benefits conferred by this subsection.

476 3. This subsection shall not be applicable to lands:

477 a. Within the geographical area to which an individual or

478 general permit issued prior to June 1, 1994, under rules adopted

479 pursuant to this part applies; or

480 b. Within the geographical area to which a conceptual

481 permit issued prior to June 1, 1994, under rules adopted

482 pursuant to this part applies if wetland delineations were

483 identified and approved by the conceptual permit as set forth in

484 s. 373.414(12)(b)1. or 2.; or

485 c. Where no development activity as defined in s.

486 380.01(1) or (2)(a)-(d) and (f) has occurred within the project

487 boundaries since October 1, 1986; or

488 d. Of a project which is not in compliance with this part

489 or the rules adopted pursuant to ss. 403.91-403.929, 1984

490 Supplement to the Florida Statutes 1983, as amended.

491 4. The wetland delineation methodology required in this

492 subsection shall only apply within the geographical area of an

493 individual permit issued by the United States Army Corps of

494 Engineers under 33 U.S.C. s. 1344. The requirement to obtain

495 such individual permit to secure the benefit of this subsection

496 shall not apply to any activities exempt or not subject to

497 regulation under 33 U.S.C. s. 1344.

498 5. Notwithstanding subsection (1), the wetland delineation

499 methodology required in this subsection and any wetland

500 delineation pursuant thereto, shall only apply to agency action

501 under this part and shall not be binding on local governments

502 except in their implementation of this part.

503 Section 10. Paragraph (a) of subsection (1) of section

504 376.302, Florida Statutes, is amended to read:

505 376.302 Prohibited acts; penalties.—

506 (1) It shall be a violation of this chapter and it shall

507 be prohibited for any reason:

508 (a) To discharge pollutants or hazardous substances into

509 or upon the surface or ground waters of the state or lands,

510 which discharge violates any departmental "standard" as defined

511 in s. 403.803 ~~s. 403.803(13).~~

512 Section 11. Paragraph (b) of subsection (23) of section

513 403.031, Florida Statutes, is amended to read:

514 403.031 Definitions.—In construing this chapter, or rules

515 and regulations adopted pursuant hereto, the following words,

516 phrases, or terms, unless the context otherwise indicates, have

517 the following meanings:

518 (23) "Waters" include, but are not limited to, rivers,

519 lakes, streams, springs, impoundments, wetlands, and all other

520 waters or bodies of water, including fresh, brackish, saline,

521 tidal, surface, or underground waters. Waters owned entirely by

522 one person other than the state are included only in regard to

523 possible discharge on other property or water. Underground

524 waters include, but are not limited to, all underground waters

525 passing through pores of rock or soils or flowing through in

526 channels, whether manmade or natural. Solely for purposes of s.

527 403.0885, waters of the state also include navigable waters or

528 waters of the contiguous zone as used in s. 502 of the Clean

529 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in

530 existence on January 1, 1993, except for those navigable waters

531 seaward of the boundaries of the state set forth in s. 1, Art.

532 II of the State Constitution. Solely for purposes of this

533 chapter, waters of the state also include the area bounded by

534 the following:

535 (b) The area bounded by the line described in paragraph

536 (a) generally includes those waters to be known as waters of the

537 state. The landward extent of these waters shall be determined

538 by the delineation methodology ratified in s. 373.4211. Any

539 waters which are outside the general boundary line described in

540 paragraph (a) but which are contiguous thereto by virtue of the

541 presence of a wetland, watercourse, or other surface water, as

542 determined by the delineation methodology ratified in s.

543 373.4211, shall be a part of this waterbody. Any areas within

544 the line described in paragraph (a) which are neither a wetland

545 nor surface water, as determined by the delineation methodology

546 ratified in s. 373.4211, shall be excluded therefrom. ~~If the~~

547 ~~Florida Environmental Regulation Commission designates the~~

548 ~~waters within the boundaries an Outstanding Florida Water,~~

549 ~~waters outside the boundaries may not be included as part of~~

550 ~~such designation unless a hearing is held pursuant to notice in~~

551 ~~each appropriate county and the boundaries of such lands are~~

552 ~~specifically considered and described for such designation.~~

553 Section 12. Subsections (7) and (32) of section 403.061,

554 Florida Statutes, are amended to read:

555 403.061 Department; powers and duties.—The department

556 shall have the power and the duty to control and prohibit

557 pollution of air and water in accordance with the law and rules

558 adopted and promulgated by it and, for this purpose, to:

559 (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to

560 implement this act. Any rule adopted pursuant to this act must

561 be consistent with the provisions of federal law, if any,

562 relating to control of emissions from motor vehicles, effluent

563 limitations, pretreatment requirements, or standards of

564 performance. A county, municipality, or political subdivision

565 may not adopt or enforce any local ordinance, special law, or

566 local regulation requiring the installation of Stage II vapor

567 recovery systems, as currently defined by department rule,

568 unless such county, municipality, or political subdivision is or

569 has been in the past designated by federal regulation as a

570 moderate, serious, or severe ozone nonattainment area. Rules

571 adopted pursuant to this act may not require dischargers of

572 waste into waters of the state to improve natural background

573 conditions. The department shall adopt rules to reasonably

574 limit, reduce, and eliminate domestic wastewater collection and

575 transmission system pipe leakages and inflow and infiltration.

576 Discharges from steam electric generating plants existing or

577 licensed under this chapter on July 1, 1984, may not be required

578 to be treated to a greater extent than may be necessary to

579 assure that the quality of nonthermal components of discharges

580 from nonrecirculated cooling water systems is as high as the

581 quality of the makeup waters; that the quality of nonthermal

582 components of discharges from recirculated cooling water systems

583 is no lower than is allowed for blowdown from such systems; or

584 that the quality of noncooling system discharges which receive

585 makeup water from a receiving body of water which does not meet

586 applicable department water quality standards is as high as the

587 quality of the receiving body of water. ~~The department may not~~

588 ~~adopt standards more stringent than federal regulations, except~~

589 ~~as provided in s. 403.804.~~

590 (32) Adopt rules necessary to obtain approval from the

591 United States Environmental Protection Agency to administer the

592 Federal National Pollution Discharge Elimination System (NPDES)

593 permitting program in Florida under ss. 318, 402, and 405 of the

594 federal Clean Water Act, Pub. L. No. 92-500, as amended. This

595 authority shall be implemented consistent with the provisions of

596 part II, which shall be applicable to facilities certified

597 thereunder. The department shall establish all rules, standards,

598 and requirements that regulate the discharge of pollutants into

599 waters of the United States as defined by and in a manner

600 consistent with federal regulations; provided, however, that the

601 department may adopt a standard that is stricter or more

602 stringent than one set by the United States Environmental

603 Protection Agency ~~if approved by the Governor and Cabinet in~~

604 ~~accordance with the procedures of s. 403.804(2).~~

606 The department shall implement such programs in conjunction with

607 its other powers and duties and shall place special emphasis on

608 reducing and eliminating contamination that presents a threat to

609 humans, animals or plants, or to the environment.

610 Section 13. Paragraph (c) of subsection (6) of section

611 403.067, Florida Statutes, is amended to read:

612 403.067 Establishment and implementation of total maximum

613 daily loads.—

614 (6) CALCULATION AND ALLOCATION.—

615 (c) Adoption of rules. The total maximum daily load

616 calculations and allocations established under this subsection

617 for each water body or water body segment shall be adopted by

618 rule by the secretary pursuant to ss. 120.536(1), 120.54, and

619 403.805. Where additional data collection and analysis are

620 needed to increase the scientific precision and accuracy of the

621 total maximum daily load, the department is authorized to adopt

622 phased total maximum daily loads that are subject to change as

623 additional data becomes available. Where phased total maximum

624 daily loads are proposed, the department shall, in the detailed

625 statement of facts and circumstances justifying the rule,

626 explain why the data are inadequate so as to justify a phased

627 total maximum daily load. The rules adopted pursuant to this

628 paragraph are not subject to ~~approval by the Environmental~~

629 ~~Regulation Commission and are not subject to~~ the provisions of

630 s. 120.541(3). As part of the rule development process, the

631 department shall hold at least one public workshop in the

632 vicinity of the water body or water body segment for which the

633 total maximum daily load is being developed. Notice of the

634 public workshop shall be published not less than 5 days nor more

635 than 15 days before the public workshop in a newspaper of

636 general circulation in the county or counties containing the

637 water bodies or water body segments for which the total maximum

638 daily load calculation and allocation are being developed.

639 Section 14. Paragraphs (a) and (b) of subsection (3) of

640 section 403.1838, Florida Statutes, are amended to read:

641 403.1838 Small Community Sewer Construction Assistance

642 Act.—

643 (3)(a) In accordance with rules adopted by the department

644 ~~Environmental Regulation Commission under this section,~~ the

645 department may provide grants, from funds specifically

646 appropriated for this purpose, to financially disadvantaged

647 small communities for up to 100 percent of the costs of

648 planning, designing, constructing, upgrading, or replacing

649 wastewater collection, transmission, treatment, disposal, and

650 reuse facilities, including necessary legal and administrative

651 expenses.

652 (b) The rules of the department ~~Environmental Regulation~~

653 ~~Commission~~ must:

654 1. Require that projects to plan, design, construct,

655 upgrade, or replace wastewater collection, transmission,

656 treatment, disposal, and reuse facilities be cost-effective,

657 environmentally sound, permittable, and implementable.

658 2. Require appropriate user charges, connection fees, and

659 other charges sufficient to ensure the long-term operation,

660 maintenance, and replacement of the facilities constructed under

661 each grant.

662 3. Require grant applications to be submitted on

663 appropriate forms with appropriate supporting documentation, and

664 require records to be maintained.

665 4. Establish a system to determine eligibility of grant

666 applications.

667 5. Establish a system to determine the relative priority

668 of grant applications. The system must consider public health

669 protection and water pollution prevention or abatement and must

670 prioritize projects that plan for the installation of wastewater

671 transmission facilities to be constructed concurrently with

672 other construction projects occurring within or along a

673 transportation facility right-of-way.

674 6. Establish requirements for competitive procurement of

675 engineering and construction services, materials, and equipment.

676 7. Provide for termination of grants when program

677 requirements are not met.

678 Section 15. Subsection (9) of section 403.704, Florida

679 Statutes, is amended to read:

680 403.704 Powers and duties of the department.—The

681 department shall have responsibility for the implementation and

682 enforcement of this act. In addition to other powers and duties,

683 the department shall:

684 (9) Adopt rules pursuant to ss. 120.536(1) and 120.54 to

685 implement and enforce this act, including requirements for the

686 classification, construction, operation, maintenance, and

687 closure of solid waste management facilities and requirements

688 for, and conditions on, solid waste disposal in this state,

689 whether such solid waste is generated within this state or

690 outside this state as long as such requirements and conditions

691 are not based on the out-of-state origin of the waste and are

692 consistent with applicable law. When classifying solid waste

693 management facilities, the department shall consider the

694 hydrogeology of the site for the facility, the types of wastes

695 to be handled by the facility, and methods used to control the

696 types of waste to be handled by the facility and shall seek to

697 minimize the adverse effects of solid waste management on the

698 environment. ~~Whenever the department adopts any rule stricter or~~

699 ~~more stringent than one that has been set by the United States~~

700 ~~Environmental Protection Agency, the procedures set forth in s.~~

701 ~~403.804(2) shall be followed.~~ The department may ~~shall~~ not,

702 ~~however,~~ adopt hazardous waste rules for solid waste for which

703 special studies were required before ~~prior to~~ October 1, 1988,

704 under s. 8002 of the Resource Conservation and Recovery Act, 42

705 U.S.C. s. 6982, as amended, until the studies are completed by

706 the United States Environmental Protection Agency and the

707 information is available to the department for consideration in

708 adopting its own rule.

709 Section 16. Paragraph (d) of subsection (3) and paragraph

710 (h) of subsection (9) of section 403.707, Florida Statutes, are

711 amended to read:

712 403.707 Permits.—

713 (3)

714 (d) The department may adopt rules to administer this

715 subsection. ~~However, the department is not required to submit~~

716 ~~such rules to the Environmental Regulation Commission for~~

717 ~~approval.~~ Notwithstanding the limitations of s. 403.087(7)(a),

718 permit fee caps for solid waste management facilities must ~~shall~~

719 be prorated to reflect the extended permit term authorized by

720 this subsection.

721 (9) The department shall establish a separate category for

722 solid waste management facilities that accept only construction

723 and demolition debris for disposal or recycling. The department

724 shall establish a reasonable schedule for existing facilities to

725 comply with this section to avoid undue hardship to such

726 facilities. However, a permitted solid waste disposal unit that

727 receives a significant amount of waste prior to the compliance

728 deadline established in this schedule shall not be required to

729 be retrofitted with liners or leachate control systems.

730 (h) The department shall ensure that the requirements of

731 this section are applied and interpreted consistently throughout

732 this ~~the~~ state. ~~In accordance with s. 20.255,~~ The Division of

733 Waste Management shall direct the district offices and bureaus

734 on matters relating to the interpretation and applicability of

735 this section.

736 Section 17. Subsection (3) of section 403.7222, Florida

737 Statutes, is amended to read:

738 403.7222 Prohibition of hazardous waste landfills.—

739 (3) This section does not prohibit the department from

740 banning the disposal of hazardous waste in other types of waste

741 management units in a manner consistent with federal

742 requirements, ~~except as provided under s. 403.804(2).~~

743 Section 18. Subsection (4) of section 403.7234, Florida

744 Statutes, is amended to read:

745 403.7234 Small quantity generator notification and

746 verification program.—

747 (4) Within 30 days of receipt of a notification, which

748 includes a survey form, a small quantity generator shall

749 disclose its management practices and the types and quantities

750 of waste to the county government. Annually, each county shall

751 verify the management practices of at least 20 percent of its

752 small quantity generators. The procedure for verification used

753 by the county must ~~shall~~ be developed as part of the guidance

754 established by the department under s. 403.7226. The department

755 may also regulate the waste management practices of small

756 quantity generators in order to ensure proper management of

757 hazardous waste in a manner consistent with federal

758 requirements, ~~except as provided under s. 403.804(2).~~

759 Section 19. Section 403.803, Florida Statutes, is amended

760 to read:

761 403.803 Definitions.—When used in this part ~~act,~~ the term,

762 phrase, or word:

763 (1) "Branch office" means a geographical area, the

764 boundaries of which may be established as a part of a district.

765 (2) "Canal" is a manmade trench, the bottom of which is

766 normally covered by water with the upper edges of its sides

767 normally above water.

768 (3) "Channel" is a trench, the bottom of which is normally

769 covered entirely by water, with the upper edges of its sides

770 normally below water.

771 ~~(4) "Commission" means the Environmental Regulation~~

772 ~~Commission.~~

773 (4)(5) "Department" means the Department of Environmental

774 Protection.

775 (5)(6) "District" or "environmental district" means one of

776 the geographical areas, the boundaries of which are established

777 pursuant to this act.

778 (6)(7) "Drainage ditch" or "irrigation ditch" is a manmade

779 trench dug for the purpose of draining water from the land or

780 for transporting water for use on the land and is not built for

781 navigational purposes.

782 (7)(8) "Environmental district center" means the

783 facilities and personnel which are centralized in each district

784 for the purposes of carrying out the provisions of this act.

785 (8)(9) "Headquarters" means the physical location of the

786 offices of the secretary and the division directors of the

787 department.

788 ~~(9)(10)~~ "Insect control impoundment dikes" means

789 artificial structures, including earthen berms, constructed and

790 used to impound waters for the purpose of insect control.

791 ~~(10)(11)~~ "Manager" means the head of an environmental

792 district or branch office who shall supervise all environmental

793 functions of the department within such environmental district

794 or branch office.

795 ~~(11)(12)~~ "Secretary" means the Secretary of Environmental

796 Protection.

797 ~~(12)(13)~~ "Standard" means any rule of the Department of

798 Environmental Protection relating to air and water quality,

799 noise, solid-waste management, and electric and magnetic fields

800 associated with electrical transmission and distribution lines

801 and substation facilities. The term "standard" does not include

802 rules of the department which relate exclusively to the internal

803 management of the department, the procedural processing of

804 applications, the administration of rulemaking or adjudicatory

805 proceedings, the publication of notices, the conduct of

806 hearings, or other procedural matters.

807 ~~(13)(14)~~ "Swale" means a manmade trench which:

808 (a) Has a top width-to-depth ratio of the cross-section

809 equal to or greater than 6:1, or side slopes equal to or greater

810 than 3 feet horizontal to 1 foot vertical;

811 (b) Contains contiguous areas of standing or flowing water

812 only following a rainfall event;

813 (c) Is planted with or has stabilized vegetation suitable

814 for soil stabilization, stormwater treatment, and nutrient

815 uptake; and

816 (d) Is designed to take into account the soil erodibility,

817 soil percolation, slope, slope length, and drainage area so as

818 to prevent erosion and reduce pollutant concentration of any

819 discharge.

820 Section 20. Subsections (1) and (3) of section 403.805,

821 Florida Statutes, are amended to read:

822 403.805 Secretary; powers and duties; review of specified

823 rules.—

824 (1) The secretary shall have the powers and duties of

825 heads of departments set forth in chapter 20, including the

826 authority to adopt rules pursuant to ss. 120.536(1) and 120.54

827 to implement this chapter and ~~the provisions of~~ chapters 253,

828 373, and 376 ~~and this chapter. The secretary shall have~~

829 ~~rulemaking responsibility under chapter 120, but shall submit~~

830 ~~any proposed rule containing standards to the Environmental~~

831 ~~Regulation Commission for approval, modification, or disapproval~~

832 ~~pursuant to s. 403.804, except for total maximum daily load~~

833 ~~calculations and allocations developed pursuant to s.~~

834 ~~403.067(6).~~ The secretary shall have responsibility for final

835 agency action regarding total maximum daily load calculations

836 and allocations developed pursuant to s. 403.067(6). The

837 secretary shall employ legal counsel to represent the department

838 in matters affecting the department. Except for appeals on

839 permits specifically assigned by this act to the Governor and

840 Cabinet, and unless otherwise prohibited by law, the secretary

841 may delegate the authority assigned to the department by this

842 act to the assistant secretary, division directors, and district

843 and branch office managers and to the water management

844 districts.

845 (3) After adoption of proposed rule 62-302.531(9), Florida

846 Administrative Code, a nonseverability and effective date

847 provision approved by the commission on December 8, 2011, in

848 ~~accordance with the commission's legislative authority under s.~~

849 ~~403.804,~~ notice of which was published by the department on

850 December 22, 2011, in the Florida Administrative Register, Vol.

851 37, No. 51, page 4446, any subsequent rule or amendment altering

852 the effect of such rule must ~~shall~~ be submitted to the President

853 of the Senate and the Speaker of the House of Representatives no

854 later than 30 days before the next regular legislative session,

855 and such amendment may not take effect until it is ratified by

856 the Legislature.

857 Section 21. Section 403.8055, Florida Statutes, is amended

858 to read:

859 403.8055 Department adoption of federal standards.—

860 Notwithstanding s. 120.54 ~~ss. 120.54 and 403.804,~~ the secretary

861 is empowered to adopt rules substantively identical to

862 regulations adopted in the Federal Register by the United States

863 Environmental Protection Agency pursuant to federal law, in

864 accordance with the following procedures:

865 (1) The secretary shall publish notice of intent to adopt

866 a rule pursuant to this section in the Florida Administrative

867 Register at least 21 days before ~~prior to~~ filing the rule with

868 the Department of State. The secretary shall mail a copy of the

869 notice of intent to adopt a rule to the Administrative

870 Procedures Committee at least 21 days before ~~prior to~~ the date

871 of filing with the Department of State. Before ~~Prior to~~ filing

872 the rule with the Department of State, the secretary shall

873 consider any written comments received within 21 days after the

874 date of publication of the notice of intent to adopt a rule. The

875 rule must ~~shall~~ be adopted upon filing with the Department of

876 State. Substantive changes from the rules as noticed ~~shall~~

877 require republishing of notice as required in this section.

878 (2) Any rule adopted pursuant to this section becomes

879 ~~shall become~~ effective upon the date designated in the rule by

880 the secretary; however, no such a rule may not ~~shall~~ become

881 effective earlier than the effective date of the substantively

882 identical United States Environmental Protection Agency

883 regulation.

884 (3) The secretary shall stay any terms or conditions of a

885 permit implementing department rules adopted pursuant to this

886 section if the substantively identical provisions of a United

887 States Environmental Protection Agency regulation have been

888 stayed under federal judicial review. A stay issued pursuant to

889 this subsection shall terminate upon completion of federal

890 judicial review.

891 (4) Any domestic for-profit or nonprofit corporation or

892 association formed, in whole or in part:

893 (a) To promote conservation or natural beauty;

894 (b) To protect the environment, personal health, or other

895 biological values;

896 (c) To preserve historical sites;

897 (d) To promote consumer interests;

898 (e) To represent labor, commercial, or industrial groups;

899 or

900 (f) To promote orderly development;

902 and any other substantially affected person may, within 14 days

903 after the date of publication of the notice of intent to adopt a

904 rule, file an objection to rulemaking with the department

905 ~~Environmental Regulation Commission.~~ The objection shall specify

906 the portions of the proposed rule to which the person objects

907 and the reasons for the objection. The secretary shall not have

908 the authority under this section to adopt those portions of a

909 proposed rule specified in such objection. Objections which are

910 frivolous shall not be considered sufficient to prohibit the

911 secretary from adopting rules under this section.

912 (5) Whenever all or part of any rule proposed for adoption

913 by the department is substantively identical to a regulation

914 adopted in the Federal Register by the United States

915 Environmental Protection Agency pursuant to federal law, such

916 rule shall be written in a manner so that the rule specifically

917 references such regulation whenever possible.

918 Section 22. Subsection (1) of section 403.814, Florida

919 Statutes, is amended to read:

920 403.814 General permits; delegation.—

921 (1) The secretary is authorized to adopt rules

922 establishing and providing for a program of general permits

923 under this chapter and chapter 253 ~~and this chapter~~ for

924 projects, or categories of projects, which have, either singly

925 or cumulatively, a minimal adverse environmental effect. Such

926 rules must ~~shall~~ specify design or performance criteria that

927 ~~which,~~ if applied, would result in compliance with appropriate

928 standards ~~adopted by the commission.~~ Except as provided for in

929 subsection (3), any person complying with the requirements of a

930 general permit may use the permit 30 days after giving notice to

931 the department without any agency action by the department.

932 Section 23. For the purpose of incorporating the amendment

933 made by this act to section 403.067, Florida Statutes, in a

934 reference thereto, section 373.4595, Florida Statutes, is

935 reenacted to read:

936 373.4595 Northern Everglades and Estuaries Protection

937 Program.—

938 (1) FINDINGS AND INTENT.—

939 (a) The Legislature finds that the Lake Okeechobee

940 watershed, the Caloosahatchee River watershed, and the St. Lucie

941 River watershed are critical water resources of the state,

942 providing many economic, natural habitat, and biodiversity

943 functions benefiting the public interest, including

944 agricultural, public, and environmental water supply; flood

945 control; fishing; navigation and recreation; and habitat to

946 endangered and threatened species and other flora and fauna.

947 (b) The Legislature finds that changes in land uses, the

948 construction of the Central and Southern Florida Project, and

949 the loss of surface water storage have resulted in adverse

950 changes to the hydrology and water quality of Lake Okeechobee

951 and the Caloosahatchee and St. Lucie Rivers and their estuaries.

952 (c) The Legislature finds that improvement to the

953 hydrology, water quality, and associated aquatic habitats within

954 the Lake Okeechobee watershed, the Caloosahatchee River

955 watershed, and the St. Lucie River watershed, is essential to

956 the protection of the greater Everglades ecosystem.

957 (d) The Legislature also finds that it is imperative for

958 the state, local governments, and agricultural and environmental

959 communities to commit to restoring and protecting the surface

960 water resources of the Lake Okeechobee watershed, the

961 Caloosahatchee River watershed, and the St. Lucie River

962 watershed, and that a watershed-based approach to address these

963 issues must be developed and implemented immediately.

964 (e) The Legislature finds that phosphorus loads from the

965 Lake Okeechobee watershed have contributed to excessive

966 phosphorus levels throughout the Lake Okeechobee watershed and

967 downstream receiving waters and that a reduction in levels of

968 phosphorus will benefit the ecology of these systems. The

969 excessive levels of phosphorus have also resulted in an

970 accumulation of phosphorus in the sediments of Lake Okeechobee.

971 If not removed, internal phosphorus loads from the sediments are

972 expected to delay responses of the lake to external phosphorus

973 reductions.

974 (f) The Legislature finds that the Lake Okeechobee

975 phosphorus loads set forth in the total maximum daily loads

976 established in accordance with s. 403.067 represent an

977 appropriate basis for restoration of the Lake Okeechobee

978 watershed.

979 (g) The Legislature finds that, in addition to phosphorus,

980 other pollutants are contributing to water quality problems in

981 the Lake Okeechobee watershed, the Caloosahatchee River

982 watershed, and the St. Lucie River watershed, and that the total

983 maximum daily load requirements of s. 403.067 provide a means of

984 identifying and addressing these problems.

985 (h) The Legislature finds that the expeditious

986 implementation of the Lake Okeechobee Watershed Protection

987 Program, the Caloosahatchee River Watershed Protection Program,

988 and the St. Lucie River Watershed Protection Program is needed

989 to improve the quality, quantity, timing, and distribution of

990 water in the northern Everglades ecosystem and that this

991 section, in conjunction with s. 403.067, including the

992 implementation of the plans developed and approved pursuant to

993 subsections (3) and (4), and any related basin management action

994 plan developed and implemented pursuant to s. 403.067(7)(a),

995 provide a reasonable means of achieving the total maximum daily

996 load requirements and achieving and maintaining compliance with

997 state water quality standards.

998 (i) The Legislature finds that the implementation of the

999 programs contained in this section is for the benefit of the

1000 public health, safety, and welfare and is in the public

1001 interest.

1002 (j) The Legislature finds that sufficient research has

1003 been conducted and sufficient plans developed to immediately

1004 expand and accelerate programs to address the hydrology and

1005 water quality in the Lake Okeechobee watershed, the

1006 Caloosahatchee River watershed, and the St. Lucie River

1007 watershed.

1008 (k) The Legislature finds that a continuing source of

1009 funding is needed to effectively implement the programs

1010 developed and approved under this section which are needed to

1011 address the hydrology and water quality problems within the Lake

1012 Okeechobee watershed, the Caloosahatchee River watershed, and

1013 the St. Lucie River watershed.

1014 (l) It is the intent of the Legislature to protect and

1015 restore surface water resources and achieve and maintain

1016 compliance with water quality standards in the Lake Okeechobee

1017 watershed, the Caloosahatchee River watershed, and the St. Lucie

1018 River watershed, and downstream receiving waters, through the

1019 phased, comprehensive, and innovative protection program set

1020 forth in this section which includes long-term solutions based

1021 upon the total maximum daily loads established in accordance

1022 with s. 403.067. This program shall be watershed-based, shall

1023 provide for consideration of all water quality issues needed to

1024 meet the total maximum daily load, and shall include research

1025 and monitoring, development and implementation of best

1026 management practices, refinement of existing regulations, and

1027 structural and nonstructural projects, including public works.

1028 (m) It is the intent of the Legislature that this section

1029 be implemented in coordination with the Comprehensive Everglades

1030 Restoration Plan project components and other federal programs

1031 in order to maximize opportunities for the most efficient and

1032 timely expenditures of public funds.

1033 (n) It is the intent of the Legislature that the

1034 coordinating agencies encourage and support the development of

1035 creative public-private partnerships and programs, including

1036 opportunities for water storage and quality improvement on

1037 private lands and water quality credit trading, to facilitate or

1038 further the restoration of the surface water resources of the

1039 Lake Okeechobee watershed, the Caloosahatchee River watershed,

1040 and the St. Lucie River watershed, consistent with s. 403.067.

1041 (2) DEFINITIONS.—As used in this section, the term:

1042 (a) "Best management practice" means a practice or

1043 combination of practices determined by the coordinating

1044 agencies, based on research, field-testing, and expert review,

1045 to be the most effective and practicable on-location means,

1046 including economic and technological considerations, for

1047 improving water quality in agricultural and urban discharges.

1048 Best management practices for agricultural discharges shall

1049 reflect a balance between water quality improvements and

1050 agricultural productivity.

1051 (b) "Biosolids" means the solid, semisolid, or liquid

1052 residue generated during the treatment of domestic wastewater in

1053 a domestic wastewater treatment facility, formerly known as

1054 "domestic wastewater residuals" or "residuals," and includes

1055 products and treated material from biosolids treatment

1056 facilities and septage management facilities regulated by the

1057 department. The term does not include the treated effluent or

1058 reclaimed water from a domestic wastewater treatment facility,

1059 solids removed from pump stations and lift stations, screenings

1060 and grit removed from the preliminary treatment components of

1061 domestic wastewater treatment facilities, or ash generated

1062 during the incineration of biosolids.

1063 (c) "Caloosahatchee River watershed" means the

1064 Caloosahatchee River, its tributaries, its estuary, and the area

1065 within Charlotte, Glades, Hendry, and Lee Counties from which

1066 surface water flow is directed or drains, naturally or by

1067 constructed works, to the river, its tributaries, or its

1068 estuary.

1069 (d) "Coordinating agencies" means the Department of

1070 Agriculture and Consumer Services, the Department of

1071 Environmental Protection, and the South Florida Water Management

1072 District.

1073 (e) "Corps of Engineers" means the United States Army

1074 Corps of Engineers.

1075 (f) "Department" means the Department of Environmental

1076 Protection.

1077 (g) "District" means the South Florida Water Management

1078 District.

1079 (h) "Lake Okeechobee Watershed Construction Project" means

1080 the construction project developed pursuant to this section.

1081 (i) "Lake Okeechobee Watershed Protection Plan" means the

1082 Lake Okeechobee Watershed Construction Project and the Lake

1083 Okeechobee Watershed Research and Water Quality Monitoring

1084 Program.

1085 (j) "Lake Okeechobee watershed" means Lake Okeechobee, its

1086 tributaries, and the area within which surface water flow is

1087 directed or drains, naturally or by constructed works, to the

1088 lake or its tributaries.

1089 (k) "Northern Everglades" means the Lake Okeechobee

1090 watershed, the Caloosahatchee River watershed, and the St. Lucie

1091 River watershed.

1092 (l) "Project component" means any structural or

1093 operational change, resulting from the Restudy, to the Central

1094 and Southern Florida Project as it existed and was operated as

1095 of January 1, 1999.

1096 (m) "Restudy" means the Comprehensive Review Study of the

1097 Central and Southern Florida Project, for which federal

1098 participation was authorized by the Federal Water Resources

1099 Development Acts of 1992 and 1996 together with related

1100 congressional resolutions and for which participation by the

1101 South Florida Water Management District is authorized by s.

1102 373.1501. The term includes all actions undertaken pursuant to

1103 the aforementioned authorizations which will result in

1104 recommendations for modifications or additions to the Central

1105 and Southern Florida Project.

1106 (n) "River Watershed Protection Plans" means the

1107 Caloosahatchee River Watershed Protection Plan and the St. Lucie

1108 River Watershed Protection Plan developed pursuant to this

1109 section.

1110 (o) "Soil amendment" means any substance or mixture of

1111 substances sold or offered for sale for soil enriching or

1112 corrective purposes, intended or claimed to be effective in

1113 promoting or stimulating plant growth, increasing soil or plant

1114 productivity, improving the quality of crops, or producing any

1115 chemical or physical change in the soil, except amendments,

1116 conditioners, additives, and related products that are derived

1117 solely from inorganic sources and that contain no recognized

1118 plant nutrients.

1119 (p) "St. Lucie River watershed" means the St. Lucie River,

1120 its tributaries, its estuary, and the area within Martin,

1121 Okeechobee, and St. Lucie Counties from which surface water flow

1122 is directed or drains, naturally or by constructed works, to the

1123 river, its tributaries, or its estuary.

1124 (q) "Total maximum daily load" means the sum of the

1125 individual wasteload allocations for point sources and the load

1126 allocations for nonpoint sources and natural background adopted

1127 pursuant to s. 403.067. Before determining individual wasteload

1128 allocations and load allocations, the maximum amount of a

1129 pollutant that a water body or water segment can assimilate from

1130 all sources without exceeding water quality standards must first

1131 be calculated.

1132 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake

1133 Okeechobee Watershed Protection Program shall consist of the

1134 Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee

1135 Basin Management Action Plan adopted pursuant to s. 403.067, the

1136 Lake Okeechobee Exotic Species Control Program, and the Lake

1137 Okeechobee Internal Phosphorus Management Program. The Lake

1138 Okeechobee Basin Management Action Plan adopted pursuant to s.

1139 403.067 shall be the component of the Lake Okeechobee Watershed

1140 Protection Program that achieves phosphorus load reductions for

1141 Lake Okeechobee. The Lake Okeechobee Watershed Protection

1142 Program shall address the reduction of phosphorus loading to the

1143 lake from both internal and external sources. Phosphorus load

1144 reductions shall be achieved through a phased program of

1145 implementation. In the development and administration of the

1146 Lake Okeechobee Watershed Protection Program, the coordinating

1147 agencies shall maximize opportunities provided by federal cost-

1148 sharing programs and opportunities for partnerships with the

1149 private sector.

1150 (a) Lake Okeechobee Watershed Protection Plan.—To protect

1151 and restore surface water resources, the district, in

1152 cooperation with the other coordinating agencies, shall complete

1153 a Lake Okeechobee Watershed Protection Plan in accordance with

1154 this section and ss. 373.451-373.459. Beginning March 1, 2020,

1155 and every 5 years thereafter, the district shall update the Lake

1156 Okeechobee Watershed Protection Plan to ensure that it is

1157 consistent with the Lake Okeechobee Basin Management Action Plan

1158 adopted pursuant to s. 403.067. The Lake Okeechobee Watershed

1159 Protection Plan shall identify the geographic extent of the

1160 watershed, be coordinated with the plans developed pursuant to

1161 paragraphs (4)(a) and (c), and include the Lake Okeechobee

1162 Watershed Construction Project and the Lake Okeechobee Watershed

1163 Research and Water Quality Monitoring Program. The plan shall

1164 consider and build upon a review and analysis of the performance

1165 of projects constructed during Phase I and Phase II of the Lake

1166 Okeechobee Watershed Construction Project, pursuant to

1167 subparagraph 1.; relevant information resulting from the Lake

1168 Okeechobee Basin Management Action Plan, pursuant to paragraph

1169 (b); relevant information resulting from the Lake Okeechobee

1170 Watershed Research and Water Quality Monitoring Program,

1171 pursuant to subparagraph 2.; relevant information resulting from

1172 the Lake Okeechobee Exotic Species Control Program, pursuant to

1173 paragraph (c); and relevant information resulting from the Lake

1174 Okeechobee Internal Phosphorus Management Program, pursuant to

1175 paragraph (d).

1176 1. Lake Okeechobee Watershed Construction Project.—To

1177 improve the hydrology and water quality of Lake Okeechobee and

1178 downstream receiving waters, including the Caloosahatchee and

1179 St. Lucie Rivers and their estuaries, the district, in

1180 cooperation with the other coordinating agencies, shall design

1181 and construct the Lake Okeechobee Watershed Construction

1182 Project. The project shall include:

1183 a. Phase I.—Phase I of the Lake Okeechobee Watershed

1184 Construction Project shall consist of a series of project

1185 features consistent with the recommendations of the South

1186 Florida Ecosystem Restoration Working Group's Lake Okeechobee

1187 Action Plan. Priority basins for such projects include S-191, S-

1188 154, and Pools D and E in the Lower Kissimmee River. To obtain

1189 phosphorus load reductions to Lake Okeechobee as soon as

1190 possible, the following actions shall be implemented:

1191 (I) The district shall serve as a full partner with the

1192 Corps of Engineers in the design and construction of the Grassy

1193 Island Ranch and New Palm Dairy stormwater treatment facilities

1194 as components of the Lake Okeechobee Water Retention/Phosphorus

1195 Removal Critical Project. The Corps of Engineers shall have the

1196 lead in design and construction of these facilities. Should

1197 delays be encountered in the implementation of either of these

1198 facilities, the district shall notify the department and

1199 recommend corrective actions.

1200 (II) The district shall obtain permits and complete

1201 construction of two of the isolated wetland restoration projects

1202 that are part of the Lake Okeechobee Water Retention/Phosphorus

1203 Removal Critical Project. The additional isolated wetland

1204 projects included in this critical project shall further reduce

1205 phosphorus loading to Lake Okeechobee.

1206 (III) The district shall work with the Corps of Engineers

1207 to expedite initiation of the design process for the Taylor

1208 Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment

1209 Area, a project component of the Comprehensive Everglades

1210 Restoration Plan. The district shall propose to the Corps of

1211 Engineers that the district take the lead in the design and

1212 construction of the Reservoir Assisted Stormwater Treatment Area

1213 and receive credit towards the local share of the total cost of

1214 the Comprehensive Everglades Restoration Plan.

1215 b. Phase II technical plan and construction.—The district,

1216 in cooperation with the other coordinating agencies, shall

1217 develop a detailed technical plan for Phase II of the Lake

1218 Okeechobee Watershed Construction Project which provides the

1219 basis for the Lake Okeechobee Basin Management Action Plan

1220 adopted by the department pursuant to s. 403.067. The detailed

1221 technical plan shall include measures for the improvement of the

1222 quality, quantity, timing, and distribution of water in the

1223 northern Everglades ecosystem, including the Lake Okeechobee

1224 watershed and the estuaries, and for facilitating the

1225 achievement of water quality standards. Use of cost-effective

1226 biologically based, hybrid wetland/chemical and other innovative

1227 nutrient control technologies shall be incorporated in the plan

1228 where appropriate. The detailed technical plan shall also

1229 include a Process Development and Engineering component to

1230 finalize the detail and design of Phase II projects and identify

1231 additional measures needed to increase the certainty that the

1232 overall objectives for improving water quality and quantity can

1233 be met. Based on information and recommendations from the

1234 Process Development and Engineering component, the Phase II

1235 detailed technical plan shall be periodically updated. Phase II

1236 shall include construction of additional facilities in the

1237 priority basins identified in sub-subparagraph a., as well as

1238 facilities for other basins in the Lake Okeechobee watershed.

1239 The technical plan shall:

1240 (I) Identify Lake Okeechobee Watershed Construction

1241 Project facilities designed to contribute to achieving all

1242 applicable total maximum daily loads established pursuant to s.

1243 403.067 within the Lake Okeechobee watershed.

1244 (II) Identify the size and location of all such Lake

1245 Okeechobee Watershed Construction Project facilities.

1246 (III) Provide a construction schedule for all such Lake

1247 Okeechobee Watershed Construction Project facilities, including

1248 the sequencing and specific timeframe for construction of each

1249 Lake Okeechobee Watershed Construction Project facility.

1250 (IV) Provide a schedule for the acquisition of lands or

1251 sufficient interests necessary to achieve the construction

1252 schedule.

1253 (V) Provide a detailed schedule of costs associated with

1254 the construction schedule.

1255 (VI) Identify, to the maximum extent practicable, impacts

1256 on wetlands and state-listed species expected to be associated

1257 with construction of such facilities, including potential

1258 alternatives to minimize and mitigate such impacts, as

1259 appropriate.

1260 (VII) Provide for additional measures, including voluntary

1261 water storage and quality improvements on private land, to

1262 increase water storage and reduce excess water levels in Lake

1263 Okeechobee and to reduce excess discharges to the estuaries.

1264 (VIII) Develop the appropriate water quantity storage goal

1265 to achieve the desired Lake Okeechobee range of lake levels and

1266 inflow volumes to the Caloosahatchee and St. Lucie estuaries

1267 while meeting the other water-related needs of the region,

1268 including water supply and flood protection.

1269 (IX) Provide for additional source controls needed to

1270 enhance performance of the Lake Okeechobee Watershed

1271 Construction Project facilities. Such additional source controls

1272 shall be incorporated into the Lake Okeechobee Basin Management

1273 Action Plan pursuant to paragraph (b).

1274 c. Evaluation.—Within 5 years after the adoption of the

1275 Lake Okeechobee Basin Management Action Plan pursuant to s.

1276 403.067 and every 5 years thereafter, the department, in

1277 cooperation with the other coordinating agencies, shall conduct

1278 an evaluation of the Lake Okeechobee Watershed Construction

1279 Project and identify any further load reductions necessary to

1280 achieve compliance with the Lake Okeechobee total maximum daily

1281 loads established pursuant to s. 403.067. The district shall

1282 identify modifications to facilities of the Lake Okeechobee

1283 Watershed Construction Project as appropriate to meet the total

1284 maximum daily loads. Modifications to the Lake Okeechobee

1285 Watershed Construction Project resulting from this evaluation

1286 shall be incorporated into the Lake Okeechobee Basin Management

1287 Action Plan and included in the applicable annual progress

1288 report submitted pursuant to subsection (6).

1289 d. Coordination and review.—To ensure the timely

1290 implementation of the Lake Okeechobee Watershed Construction

1291 Project, the design of project facilities shall be coordinated

1292 with the department and other interested parties, including

1293 affected local governments, to the maximum extent practicable.

1294 Lake Okeechobee Watershed Construction Project facilities shall

1295 be reviewed and commented upon by the department before the

1296 execution of a construction contract by the district for that

1297 facility.

1298 2. Lake Okeechobee Watershed Research and Water Quality

1299 Monitoring Program.—The coordinating agencies shall implement a

1300 Lake Okeechobee Watershed Research and Water Quality Monitoring

1301 Program. Results from the program shall be used by the

1302 department, in cooperation with the other coordinating agencies,

1303 to make modifications to the Lake Okeechobee Basin Management

1304 Action Plan adopted pursuant to s. 403.067, as appropriate. The

1305 program shall:

1306 a. Evaluate all available existing water quality data

1307 concerning total phosphorus in the Lake Okeechobee watershed,

1308 develop a water quality baseline to represent existing

1309 conditions for total phosphorus, monitor long-term ecological

1310 changes, including water quality for total phosphorus, and

1311 measure compliance with water quality standards for total

1312 phosphorus, including any applicable total maximum daily load

1313 for the Lake Okeechobee watershed as established pursuant to s.

1314 403.067. Beginning March 1, 2020, and every 5 years thereafter,

1315 the department shall reevaluate water quality and quantity data

1316 to ensure that the appropriate projects are being designated and

1317 incorporated into the Lake Okeechobee Basin Management Action

1318 Plan adopted pursuant to s. 403.067. The district shall

1319 implement a total phosphorus monitoring program at appropriate

1320 structures owned or operated by the district and within the Lake

1321 Okeechobee watershed.

1322 b. Develop a Lake Okeechobee water quality model that

1323 reasonably represents the phosphorus dynamics of Lake Okeechobee

1324 and incorporates an uncertainty analysis associated with model

1325 predictions.

1326 c. Determine the relative contribution of phosphorus from

1327 all identifiable sources and all primary and secondary land

1328 uses.

1329 d. Conduct an assessment of the sources of phosphorus from

1330 the Upper Kissimmee Chain of Lakes and Lake Istokpoga and their

1331 relative contribution to the water quality of Lake Okeechobee.

1332 The results of this assessment shall be used by the coordinating

1333 agencies as part of the Lake Okeechobee Basin Management Action

1334 Plan adopted pursuant to s. 403.067 to develop interim measures,

1335 best management practices, or regulations, as applicable.

1336 e. Assess current water management practices within the

1337 Lake Okeechobee watershed and develop recommendations for

1338 structural and operational improvements. Such recommendations

1339 shall balance water supply, flood control, estuarine salinity,

1340 maintenance of a healthy lake littoral zone, and water quality

1341 considerations.

1342 f. Evaluate the feasibility of alternative nutrient

1343 reduction technologies, including sediment traps, canal and

1344 ditch maintenance, fish production or other aquaculture,

1345 bioenergy conversion processes, and algal or other biological

1346 treatment technologies and include any alternative nutrient

1347 reduction technologies determined to be feasible in the Lake

1348 Okeechobee Basin Management Action Plan adopted pursuant to s.

1349 403.067.

1350 g. Conduct an assessment of the water volumes and timing

1351 from the Lake Okeechobee watershed and their relative

1352 contribution to the water level changes in Lake Okeechobee and

1353 to the timing and volume of water delivered to the estuaries.

1354 (b) Lake Okeechobee Basin Management Action Plan.—The Lake

1355 Okeechobee Basin Management Action Plan adopted pursuant to s.

1356 403.067 shall be the watershed phosphorus control component for

1357 Lake Okeechobee. The Lake Okeechobee Basin Management Action

1358 Plan shall be a multifaceted approach designed to achieve the

1359 total maximum daily load by improving the management of

1360 phosphorus sources within the Lake Okeechobee watershed through

1361 implementation of regulations and best management practices,

1362 continued development and continued implementation of improved

1363 best management practices, improvement and restoration of the

1364 hydrologic function of natural and managed systems, and use of

1365 alternative technologies for nutrient reduction. As provided in

1366 s. 403.067(7)(a)6., the Lake Okeechobee Basin Management Action

1367 Plan must include milestones for implementation and water

1368 quality improvement, and an associated water quality monitoring

1369 component sufficient to evaluate whether reasonable progress in

1370 pollutant load reductions is being achieved over time. An

1371 assessment of progress toward these milestones shall be

1372 conducted every 5 years and shall be provided to the Governor,

1373 the President of the Senate, and the Speaker of the House of

1374 Representatives. Revisions to the plan shall be made, as

1375 appropriate, as a result of each 5-year review. Revisions to the

1376 basin management action plan shall be made by the department in

1377 cooperation with the basin stakeholders. Revisions to best

1378 management practices or other measures must follow the

1379 procedures set forth in s. 403.067(7)(c)4. Revised basin

1380 management action plans must be adopted pursuant to s.

1381 403.067(7)(a)5. The department shall develop an implementation

1382 schedule establishing 5-year, 10-year, and 15-year measurable

1383 milestones and targets to achieve the total maximum daily load

1384 no more than 20 years after adoption of the plan. The initial

1385 implementation schedule shall be used to provide guidance for

1386 planning and funding purposes and is exempt from chapter 120.

1387 Upon the first 5-year review, the implementation schedule shall

1388 be adopted as part of the plan. If achieving the total maximum

1389 daily load within 20 years is not practicable, the

1390 implementation schedule must contain an explanation of the

1391 constraints that prevent achievement of the total maximum daily

1392 load within 20 years, an estimate of the time needed to achieve

1393 the total maximum daily load, and additional 5-year measurable

1394 milestones, as necessary. The coordinating agencies shall

1395 develop an interagency agreement pursuant to ss. 373.046 and

1396 373.406(5) which is consistent with the department taking the

1397 lead on water quality protection measures through the Lake

1398 Okeechobee Basin Management Action Plan adopted pursuant to s.

1399 403.067; the district taking the lead on hydrologic improvements

1400 pursuant to paragraph (a); and the Department of Agriculture and

1401 Consumer Services taking the lead on agricultural interim

1402 measures, best management practices, and other measures adopted

1403 pursuant to s. 403.067. The interagency agreement must specify

1404 how best management practices for nonagricultural nonpoint

1405 sources are developed and how all best management practices are

1406 implemented and verified consistent with s. 403.067 and this

1407 section and must address measures to be taken by the

1408 coordinating agencies during any best management practice

1409 reevaluation performed pursuant to subparagraphs 5. and 10. The

1410 department shall use best professional judgment in making the

1411 initial determination of best management practice effectiveness.

1412 The coordinating agencies may develop an intergovernmental

1413 agreement with local governments to implement nonagricultural

1414 nonpoint source best management practices within their

1415 respective geographic boundaries. The coordinating agencies

1416 shall facilitate the application of federal programs that offer

1417 opportunities for water quality treatment, including

1418 preservation, restoration, or creation of wetlands on

1419 agricultural lands.

1420 1. Agricultural nonpoint source best management practices,

1421 developed in accordance with s. 403.067 and designed to achieve

1422 the objectives of the Lake Okeechobee Watershed Protection

1423 Program as part of a phased approach of management strategies

1424 within the Lake Okeechobee Basin Management Action Plan, shall

1425 be implemented on an expedited basis.

1426 2. As provided in s. 403.067, the Department of

1427 Agriculture and Consumer Services, in consultation with the

1428 department, the district, and affected parties, shall initiate

1429 rule development for interim measures, best management

1430 practices, conservation plans, nutrient management plans, or

1431 other measures necessary for Lake Okeechobee watershed total

1432 maximum daily load reduction. The rule shall include thresholds

1433 for requiring conservation and nutrient management plans and

1434 criteria for the contents of such plans. Development of

1435 agricultural nonpoint source best management practices shall

1436 initially focus on those priority basins listed in sub-

1437 subparagraph (a)1.a. The Department of Agriculture and Consumer

1438 Services, in consultation with the department, the district, and

1439 affected parties, shall conduct an ongoing program for

1440 improvement of existing and development of new agricultural

1441 nonpoint source interim measures and best management practices.

1442 The Department of Agriculture and Consumer Services shall adopt

1443 such practices by rule. The Department of Agriculture and

1444 Consumer Services shall work with the University of Florida

1445 Institute of Food and Agriculture Sciences to review and, where

1446 appropriate, develop revised nutrient application rates for all

1447 agricultural soil amendments in the watershed.

1448 3. As provided in s. 403.067, where agricultural nonpoint

1449 source best management practices or interim measures have been

1450 adopted by rule of the Department of Agriculture and Consumer

1451 Services, the owner or operator of an agricultural nonpoint

1452 source addressed by such rule shall either implement interim

1453 measures or best management practices or demonstrate compliance

1454 with state water quality standards addressed by the Lake

1455 Okeechobee Basin Management Action Plan adopted pursuant to s.

1456 403.067 by conducting monitoring prescribed by the department or

1457 the district. Owners or operators of agricultural nonpoint

1458 sources who implement interim measures or best management

1459 practices adopted by rule of the Department of Agriculture and

1460 Consumer Services shall be subject to s. 403.067.

1461 4. The district or department shall conduct monitoring at

1462 representative sites to verify the effectiveness of agricultural

1463 nonpoint source best management practices.

1464 5. Where water quality problems are detected for

1465 agricultural nonpoint sources despite the appropriate

1466 implementation of adopted best management practices, a

1467 reevaluation of the best management practices shall be conducted

1468 pursuant to s. 403.067(7)(c)4. If the reevaluation determines

1469 that the best management practices or other measures require

1470 modification, the rule shall be revised to require

1471 implementation of the modified practice within a reasonable

1472 period as specified in the rule.

1473 6. As provided in s. 403.067, nonagricultural nonpoint

1474 source best management practices, developed in accordance with

1475 s. 403.067 and designed to achieve the objectives of the Lake

1476 Okeechobee Watershed Protection Program as part of a phased

1477 approach of management strategies within the Lake Okeechobee

1478 Basin Management Action Plan, shall be implemented on an

1479 expedited basis.

1480 7. The department and the district are directed to work

1481 with the University of Florida Institute of Food and

1482 Agricultural Sciences to develop appropriate nutrient

1483 application rates for all nonagricultural soil amendments in the

1484 watershed. As provided in s. 403.067, the department, in

1485 consultation with the district and affected parties, shall

1486 develop nonagricultural nonpoint source interim measures, best

1487 management practices, or other measures necessary for Lake

1488 Okeechobee watershed total maximum daily load reduction.

1489 Development of nonagricultural nonpoint source best management

1490 practices shall initially focus on those priority basins listed

1491 in sub-subparagraph (a)1.a. The department, the district, and

1492 affected parties shall conduct an ongoing program for

1493 improvement of existing and development of new interim measures

1494 and best management practices. The department or the district

1495 shall adopt such practices by rule.

1496 8. Where nonagricultural nonpoint source best management

1497 practices or interim measures have been developed by the

1498 department and adopted by the district, the owner or operator of

1499 a nonagricultural nonpoint source shall implement interim

1500 measures or best management practices and be subject to s.

1501 403.067.

1502 9. As provided in s. 403.067, the district or the

1503 department shall conduct monitoring at representative sites to

1504 verify the effectiveness of nonagricultural nonpoint source best

1505 management practices.

1506 10. Where water quality problems are detected for

1507 nonagricultural nonpoint sources despite the appropriate

1508 implementation of adopted best management practices, a

1509 reevaluation of the best management practices shall be conducted

1510 pursuant to s. 403.067(7)(c)4. If the reevaluation determines

1511 that the best management practices or other measures require

1512 modification, the rule shall be revised to require

1513 implementation of the modified practice within a reasonable time

1514 period as specified in the rule.

1515 11. Subparagraphs 2. and 7. do not preclude the department

1516 or the district from requiring compliance with water quality

1517 standards or with current best management practices requirements

1518 set forth in any applicable regulatory program authorized by law

1519 for the purpose of protecting water quality. Subparagraphs 2.

1520 and 7. are applicable only to the extent that they do not

1521 conflict with any rules adopted by the department that are

1522 necessary to maintain a federally delegated or approved program.

1523 12. The program of agricultural best management practices

1524 set forth in the Everglades Program of the district meets the

1525 requirements of this paragraph and s. 403.067(7) for the Lake

1526 Okeechobee watershed. An entity in compliance with the best

1527 management practices set forth in the Everglades Program of the

1528 district may elect to use that permit in lieu of the

1529 requirements of this paragraph. The provisions of subparagraph

1530 5. apply to this subparagraph. This subparagraph does not alter

1531 any requirement of s. 373.4592.

1532 13. The Department of Agriculture and Consumer Services,

1533 in cooperation with the department and the district, shall

1534 provide technical and financial assistance for implementation of

1535 agricultural best management practices, subject to the

1536 availability of funds. The department and district shall provide

1537 technical and financial assistance for implementation of

1538 nonagricultural nonpoint source best management practices,

1539 subject to the availability of funds.

1540 14. Projects that reduce the phosphorus load originating

1541 from domestic wastewater systems within the Lake Okeechobee

1542 watershed shall be given funding priority in the department's

1543 revolving loan program under s. 403.1835. The department shall

1544 coordinate and provide assistance to those local governments

1545 seeking financial assistance for such priority projects.

1546 15. Projects that make use of private lands, or lands held

1547 in trust for Indian tribes, to reduce nutrient loadings or

1548 concentrations within a basin by one or more of the following

1549 methods: restoring the natural hydrology of the basin, restoring

1550 wildlife habitat or impacted wetlands, reducing peak flows after

1551 storm events, increasing aquifer recharge, or protecting range

1552 and timberland from conversion to development, are eligible for

1553 grants available under this section from the coordinating

1554 agencies. For projects of otherwise equal priority, special

1555 funding priority will be given to those projects that make best

1556 use of the methods outlined above that involve public-private

1557 partnerships or that obtain federal match money. Preference

1558 ranking above the special funding priority will be given to

1559 projects located in a rural area of opportunity designated by

1560 the Governor. Grant applications may be submitted by any person

1561 or tribal entity, and eligible projects may include, but are not

1562 limited to, the purchase of conservation and flowage easements,

1563 hydrologic restoration of wetlands, creating treatment wetlands,

1564 development of a management plan for natural resources, and

1565 financial support to implement a management plan.

1566 16. The department shall require all entities disposing of

1567 domestic wastewater biosolids within the Lake Okeechobee

1568 watershed and the remaining areas of Okeechobee, Glades, and

1569 Hendry Counties to develop and submit to the department an

1570 agricultural use plan that limits applications based upon

1571 phosphorus loading consistent with the Lake Okeechobee Basin

1572 Management Action Plan adopted pursuant to s. 403.067. The

1573 department may not authorize the disposal of domestic wastewater

1574 biosolids within the Lake Okeechobee watershed unless the

1575 applicant can affirmatively demonstrate that the phosphorus in

1576 the biosolids will not add to phosphorus loadings in Lake

1577 Okeechobee or its tributaries. This demonstration shall be based

1578 on achieving a net balance between phosphorus imports relative

1579 to exports on the permitted application site. Exports shall

1580 include only phosphorus removed from the Lake Okeechobee

1581 watershed through products generated on the permitted

1582 application site. This prohibition does not apply to Class AA

1583 biosolids that are marketed and distributed as fertilizer

1584 products in accordance with department rule.

1585 17. Private and government-owned utilities within Monroe,

1586 Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

1587 River, Okeechobee, Highlands, Hendry, and Glades Counties that

1588 dispose of wastewater biosolids sludge from utility operations

1589 and septic removal by land spreading in the Lake Okeechobee

1590 watershed may use a line item on local sewer rates to cover

1591 wastewater biosolids treatment and disposal if such disposal and

1592 treatment is done by approved alternative treatment methodology

1593 at a facility located within the areas designated by the

1594 Governor as rural areas of opportunity pursuant to s. 288.0656.

1595 This additional line item is an environmental protection

1596 disposal fee above the present sewer rate and may not be

1597 considered a part of the present sewer rate to customers,

1598 notwithstanding provisions to the contrary in chapter 367. The

1599 fee shall be established by the county commission or its

1600 designated assignee in the county in which the alternative

1601 method treatment facility is located. The fee shall be

1602 calculated to be no higher than that necessary to recover the

1603 facility's prudent cost of providing the service. Upon request

1604 by an affected county commission, the Florida Public Service

1605 Commission will provide assistance in establishing the fee.

1606 Further, for utilities and utility authorities that use the

1607 additional line item environmental protection disposal fee, such

1608 fee may not be considered a rate increase under the rules of the

1609 Public Service Commission and shall be exempt from such rules.

1610 Utilities using this section may immediately include in their

1611 sewer invoicing the new environmental protection disposal fee.

1612 Proceeds from this environmental protection disposal fee shall

1613 be used for treatment and disposal of wastewater biosolids,

1614 including any treatment technology that helps reduce the volume

1615 of biosolids that require final disposal, but such proceeds may

1616 not be used for transportation or shipment costs for disposal or

1617 any costs relating to the land application of biosolids in the

1618 Lake Okeechobee watershed.

1619 18. No less frequently than once every 3 years, the

1620 Florida Public Service Commission or the county commission

1621 through the services of an independent auditor shall perform a

1622 financial audit of all facilities receiving compensation from an

1623 environmental protection disposal fee. The Florida Public

1624 Service Commission or the county commission through the services

1625 of an independent auditor shall also perform an audit of the

1626 methodology used in establishing the environmental protection

1627 disposal fee. The Florida Public Service Commission or the

1628 county commission shall, within 120 days after completion of an

1629 audit, file the audit report with the President of the Senate

1630 and the Speaker of the House of Representatives and shall

1631 provide copies to the county commissions of the counties set

1632 forth in subparagraph 17. The books and records of any

1633 facilities receiving compensation from an environmental

1634 protection disposal fee shall be open to the Florida Public

1635 Service Commission and the Auditor General for review upon

1636 request.

1637 19. The Department of Health shall require all entities

1638 disposing of septage within the Lake Okeechobee watershed to

1639 develop and submit to that agency an agricultural use plan that

1640 limits applications based upon phosphorus loading consistent

1641 with the Lake Okeechobee Basin Management Action Plan adopted

1642 pursuant to s. 403.067.

1643 20. The Department of Agriculture and Consumer Services

1644 shall initiate rulemaking requiring entities within the Lake

1645 Okeechobee watershed which land-apply animal manure to develop

1646 resource management system level conservation plans, according

1647 to United States Department of Agriculture criteria, which limit

1648 such application. Such rules must include criteria and

1649 thresholds for the requirement to develop a conservation or

1650 nutrient management plan, requirements for plan approval, site

1651 inspection requirements, and recordkeeping requirements.

1652 21. The district shall revise chapter 40E-61, Florida

1653 Administrative Code, to be consistent with this section and s.

1654 403.067; provide for a monitoring program for nonpoint source

1655 dischargers required to monitor water quality by s. 403.067; and

1656 provide for the results of such monitoring to be reported to the

1657 coordinating agencies.

1658 (c) Lake Okeechobee Exotic Species Control Program.—The

1659 coordinating agencies shall identify the exotic species that

1660 threaten the native flora and fauna within the Lake Okeechobee

1661 watershed and develop and implement measures to protect the

1662 native flora and fauna.

1663 (d) Lake Okeechobee Internal Phosphorus Management

1664 Program.—The district, in cooperation with the other

1665 coordinating agencies and interested parties, shall evaluate the

1666 feasibility of Lake Okeechobee internal phosphorus load removal

1667 projects. The evaluation shall be based on technical

1668 feasibility, as well as economic considerations, and shall

1669 consider all reasonable methods of phosphorus removal. If

1670 projects are found to be feasible, the district shall

1671 immediately pursue the design, funding, and permitting for

1672 implementing such projects.

1673 (e) Lake Okeechobee Watershed Protection Program

1674 implementation.—The coordinating agencies shall be jointly

1675 responsible for implementing the Lake Okeechobee Watershed

1676 Protection Program, consistent with the statutory authority and

1677 responsibility of each agency. Annual funding priorities shall

1678 be jointly established, and the highest priority shall be

1679 assigned to programs and projects that address sources that have

1680 the highest relative contribution to loading and the greatest

1681 potential for reductions needed to meet the total maximum daily

1682 loads. In determining funding priorities, the coordinating

1683 agencies shall also consider the need for regulatory compliance,

1684 the extent to which the program or project is ready to proceed,

1685 and the availability of federal matching funds or other nonstate

1686 funding, including public-private partnerships. Federal and

1687 other nonstate funding shall be maximized to the greatest extent

1688 practicable.

1689 (f) Priorities and implementation schedules.—The

1690 coordinating agencies are authorized and directed to establish

1691 priorities and implementation schedules for the achievement of

1692 total maximum daily loads, compliance with the requirements of

1693 s. 403.067, and compliance with applicable water quality

1694 standards within the waters and watersheds subject to this

1695 section.

1696 (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND

1697 ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection

1698 program shall be developed and implemented as specified in this

1699 subsection. To protect and restore surface water resources, the

1700 program shall address the reduction of pollutant loadings,

1701 restoration of natural hydrology, and compliance with applicable

1702 state water quality standards. The program shall be achieved

1703 through a phased program of implementation. In addition,

1704 pollutant load reductions based upon adopted total maximum daily

1705 loads established in accordance with s. 403.067 shall serve as a

1706 program objective. In the development and administration of the

1707 program, the coordinating agencies shall maximize opportunities

1708 provided by federal and local government cost-sharing programs

1709 and opportunities for partnerships with the private sector and

1710 local government. The program shall include a goal for salinity

1711 envelopes and freshwater inflow targets for the estuaries based

1712 upon existing research and documentation. The goal may be

1713 revised as new information is available. This goal shall seek to

1714 reduce the frequency and duration of undesirable salinity ranges

1715 while meeting the other water-related needs of the region,

1716 including water supply and flood protection, while recognizing

1717 the extent to which water inflows are within the control and

1718 jurisdiction of the district.

1719 (a) Caloosahatchee River Watershed Protection Plan.—The

1720 district, in cooperation with the other coordinating agencies,

1721 Lee County, and affected counties and municipalities, shall

1722 complete a River Watershed Protection Plan in accordance with

1723 this subsection. The Caloosahatchee River Watershed Protection

1724 Plan shall identify the geographic extent of the watershed, be

1725 coordinated as needed with the plans developed pursuant to

1726 paragraph (3)(a) and paragraph (c) of this subsection, and

1727 include the Caloosahatchee River Watershed Construction Project

1728 and the Caloosahatchee River Watershed Research and Water

1729 Quality Monitoring Program.

1730 1. Caloosahatchee River Watershed Construction Project.—To

1731 improve the hydrology, water quality, and aquatic habitats

1732 within the watershed, the district shall, no later than January

1733 1, 2012, plan, design, and construct the initial phase of the

1734 Watershed Construction Project. In doing so, the district shall:

1735 a. Develop and designate the facilities to be constructed

1736 to achieve stated goals and objectives of the Caloosahatchee

1737 River Watershed Protection Plan.

1738 b. Conduct scientific studies that are necessary to

1739 support the design of the Caloosahatchee River Watershed

1740 Construction Project facilities.

1741 c. Identify the size and location of all such facilities.

1742 d. Provide a construction schedule for all such

1743 facilities, including the sequencing and specific timeframe for

1744 construction of each facility.

1745 e. Provide a schedule for the acquisition of lands or

1746 sufficient interests necessary to achieve the construction

1747 schedule.

1748 f. Provide a schedule of costs and benefits associated

1749 with each construction project and identify funding sources.

1750 g. To ensure timely implementation, coordinate the design,

1751 scheduling, and sequencing of project facilities with the

1752 coordinating agencies, Lee County, other affected counties and

1753 municipalities, and other affected parties.

1754 2. Caloosahatchee River Watershed Research and Water

1755 Quality Monitoring Program.—The district, in cooperation with

1756 the other coordinating agencies and local governments, shall

1757 implement a Caloosahatchee River Watershed Research and Water

1758 Quality Monitoring Program that builds upon the district's

1759 existing research program and that is sufficient to carry out,

1760 comply with, or assess the plans, programs, and other

1761 responsibilities created by this subsection. The program shall

1762 also conduct an assessment of the water volumes and timing from

1763 Lake Okeechobee and the Caloosahatchee River watershed and their

1764 relative contributions to the timing and volume of water

1765 delivered to the estuary.

1766 (b) Caloosahatchee River Watershed Basin Management Action

1767 Plans.—The basin management action plans adopted pursuant to s.

1768 403.067 for the Caloosahatchee River watershed shall be the

1769 Caloosahatchee River Watershed Pollutant Control Program. The

1770 plans shall be designed to be a multifaceted approach to

1771 reducing pollutant loads by improving the management of

1772 pollutant sources within the Caloosahatchee River watershed

1773 through implementation of regulations and best management

1774 practices, development and implementation of improved best

1775 management practices, improvement and restoration of the

1776 hydrologic function of natural and managed systems, and

1777 utilization of alternative technologies for pollutant reduction,

1778 such as cost-effective biologically based, hybrid

1779 wetland/chemical and other innovative nutrient control

1780 technologies. As provided in s. 403.067(7)(a)6., the

1781 Caloosahatchee River Watershed Basin Management Action Plans

1782 must include milestones for implementation and water quality

1783 improvement, and an associated water quality monitoring

1784 component sufficient to evaluate whether reasonable progress in

1785 pollutant load reductions is being achieved over time. An

1786 assessment of progress toward these milestones shall be

1787 conducted every 5 years and shall be provided to the Governor,

1788 the President of the Senate, and the Speaker of the House of

1789 Representatives. Revisions to the plans shall be made, as

1790 appropriate, as a result of each 5-year review. Revisions to the

1791 basin management action plans shall be made by the department in

1792 cooperation with the basin stakeholders. Revisions to best

1793 management practices or other measures must follow the

1794 procedures set forth in s. 403.067(7)(c)4. Revised basin

1795 management action plans must be adopted pursuant to s.

1796 403.067(7)(a)5. The department shall develop an implementation

1797 schedule establishing 5-year, 10-year, and 15-year measurable

1798 milestones and targets to achieve the total maximum daily load

1799 no more than 20 years after adoption of the plan. The initial

1800 implementation schedule shall be used to provide guidance for

1801 planning and funding purposes and is exempt from chapter 120.

1802 Upon the first 5-year review, the implementation schedule shall

1803 be adopted as part of the plans. If achieving the total maximum

1804 daily load within 20 years is not practicable, the

1805 implementation schedule must contain an explanation of the

1806 constraints that prevent achievement of the total maximum daily

1807 load within 20 years, an estimate of the time needed to achieve

1808 the total maximum daily load, and additional 5-year measurable

1809 milestones, as necessary. The coordinating agencies shall

1810 facilitate the use of federal programs that offer opportunities

1811 for water quality treatment, including preservation,

1812 restoration, or creation of wetlands on agricultural lands.

1813 1. Nonpoint source best management practices consistent

1814 with s. 403.067, designed to achieve the objectives of the

1815 Caloosahatchee River Watershed Protection Program, shall be

1816 implemented on an expedited basis. The coordinating agencies may

1817 develop an intergovernmental agreement with local governments to

1818 implement the nonagricultural, nonpoint source best management

1819 practices within their respective geographic boundaries.

1820 2. This subsection does not preclude the department or the

1821 district from requiring compliance with water quality standards,

1822 adopted total maximum daily loads, or current best management

1823 practices requirements set forth in any applicable regulatory

1824 program authorized by law for the purpose of protecting water

1825 quality. This subsection applies only to the extent that it does

1826 not conflict with any rules adopted by the department or

1827 district which are necessary to maintain a federally delegated

1828 or approved program.

1829 3. Projects that make use of private lands, or lands held

1830 in trust for Indian tribes, to reduce pollutant loadings or

1831 concentrations within a basin, or that reduce the volume of

1832 harmful discharges by one or more of the following methods:

1833 restoring the natural hydrology of the basin, restoring wildlife

1834 habitat or impacted wetlands, reducing peak flows after storm

1835 events, or increasing aquifer recharge, are eligible for grants

1836 available under this section from the coordinating agencies.

1837 4. The Caloosahatchee River Watershed Basin Management

1838 Action Plans shall require assessment of current water

1839 management practices within the watershed and shall require

1840 development of recommendations for structural, nonstructural,

1841 and operational improvements. Such recommendations shall

1842 consider and balance water supply, flood control, estuarine

1843 salinity, aquatic habitat, and water quality considerations.

1844 5. The department may not authorize the disposal of

1845 domestic wastewater biosolids within the Caloosahatchee River

1846 watershed unless the applicant can affirmatively demonstrate

1847 that the nutrients in the biosolids will not add to nutrient

1848 loadings in the watershed. This demonstration shall be based on

1849 achieving a net balance between nutrient imports relative to

1850 exports on the permitted application site. Exports shall include

1851 only nutrients removed from the watershed through products

1852 generated on the permitted application site. This prohibition

1853 does not apply to Class AA biosolids that are marketed and

1854 distributed as fertilizer products in accordance with department

1855 rule.

1856 6. The Department of Health shall require all entities

1857 disposing of septage within the Caloosahatchee River watershed

1858 to develop and submit to that agency an agricultural use plan

1859 that limits applications based upon nutrient loading consistent

1860 with any basin management action plan adopted pursuant to s.

1861 403.067.

1862 7. The Department of Agriculture and Consumer Services

1863 shall require entities within the Caloosahatchee River watershed

1864 which land-apply animal manure to develop a resource management

1865 system level conservation plan, according to United States

1866 Department of Agriculture criteria, which limit such

1867 application. Such rules shall include criteria and thresholds

1868 for the requirement to develop a conservation or nutrient

1869 management plan, requirements for plan approval, site inspection

1870 requirements, and recordkeeping requirements.

1871 8. The district shall initiate rulemaking to provide for a

1872 monitoring program for nonpoint source dischargers required to

1873 monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3.

1874 The results of such monitoring must be reported to the

1875 coordinating agencies.

1876 (c) St. Lucie River Watershed Protection Plan.—The

1877 district, in cooperation with the other coordinating agencies,

1878 Martin County, and affected counties and municipalities shall

1879 complete a plan in accordance with this subsection. The St.

1880 Lucie River Watershed Protection Plan shall identify the

1881 geographic extent of the watershed, be coordinated as needed

1882 with the plans developed pursuant to paragraph (3)(a) and

1883 paragraph (a) of this subsection, and include the St. Lucie

1884 River Watershed Construction Project and St. Lucie River

1885 Watershed Research and Water Quality Monitoring Program.

1886 1. St. Lucie River Watershed Construction Project.—To

1887 improve the hydrology, water quality, and aquatic habitats

1888 within the watershed, the district shall, no later than January

1889 1, 2012, plan, design, and construct the initial phase of the

1890 Watershed Construction Project. In doing so, the district shall:

1891 a. Develop and designate the facilities to be constructed

1892 to achieve stated goals and objectives of the St. Lucie River

1893 Watershed Protection Plan.

1894 b. Identify the size and location of all such facilities.

1895 c. Provide a construction schedule for all such

1896 facilities, including the sequencing and specific timeframe for

1897 construction of each facility.

1898 d. Provide a schedule for the acquisition of lands or

1899 sufficient interests necessary to achieve the construction

1900 schedule.

1901 e. Provide a schedule of costs and benefits associated

1902 with each construction project and identify funding sources.

1903 f. To ensure timely implementation, coordinate the design,

1904 scheduling, and sequencing of project facilities with the

1905 coordinating agencies, Martin County, St. Lucie County, other

1906 interested parties, and other affected local governments.

1907 2. St. Lucie River Watershed Research and Water Quality

1908 Monitoring Program.—The district, in cooperation with the other

1909 coordinating agencies and local governments, shall establish a

1910 St. Lucie River Watershed Research and Water Quality Monitoring

1911 Program that builds upon the district's existing research

1912 program and that is sufficient to carry out, comply with, or

1913 assess the plans, programs, and other responsibilities created

1914 by this subsection. The district shall also conduct an

1915 assessment of the water volumes and timing from Lake Okeechobee

1916 and the St. Lucie River watershed and their relative

1917 contributions to the timing and volume of water delivered to the

1918 estuary.

1919 (d) St. Lucie River Watershed Basin Management Action

1920 Plan.—The basin management action plan for the St. Lucie River

1921 watershed adopted pursuant to s. 403.067 shall be the St. Lucie

1922 River Watershed Pollutant Control Program and shall be designed

1923 to be a multifaceted approach to reducing pollutant loads by

1924 improving the management of pollutant sources within the St.

1925 Lucie River watershed through implementation of regulations and

1926 best management practices, development and implementation of

1927 improved best management practices, improvement and restoration

1928 of the hydrologic function of natural and managed systems, and

1929 use of alternative technologies for pollutant reduction, such as

1930 cost-effective biologically based, hybrid wetland/chemical and

1931 other innovative nutrient control technologies. As provided in

1932 s. 403.067(7)(a)6., the St. Lucie River Watershed Basin

1933 Management Action Plan must include milestones for

1934 implementation and water quality improvement, and an associated

1935 water quality monitoring component sufficient to evaluate

1936 whether reasonable progress in pollutant load reductions is

1937 being achieved over time. An assessment of progress toward these

1938 milestones shall be conducted every 5 years and shall be

1939 provided to the Governor, the President of the Senate, and the

1940 Speaker of the House of Representatives. Revisions to the plan

1941 shall be made, as appropriate, as a result of each 5-year

1942 review. Revisions to the basin management action plan shall be

1943 made by the department in cooperation with the basin

1944 stakeholders. Revisions to best management practices or other

1945 measures must follow the procedures set forth in s.

1946 403.067(7)(c)4. Revised basin management action plans must be

1947 adopted pursuant to s. 403.067(7)(a)5. The department shall

1948 develop an implementation schedule establishing 5-year, 10-year,

1949 and 15-year measurable milestones and targets to achieve the

1950 total maximum daily load no more than 20 years after adoption of

1951 the plan. The initial implementation schedule shall be used to

1952 provide guidance for planning and funding purposes and is exempt

1953 from chapter 120. Upon the first 5-year review, the

1954 implementation schedule shall be adopted as part of the plan. If

1955 achieving the total maximum daily load within 20 years is not

1956 practicable, the implementation schedule must contain an

1957 explanation of the constraints that prevent achievement of the

1958 total maximum daily load within 20 years, an estimate of the

1959 time needed to achieve the total maximum daily load, and

1960 additional 5-year measurable milestones, as necessary. The

1961 coordinating agencies shall facilitate the use of federal

1962 programs that offer opportunities for water quality treatment,

1963 including preservation, restoration, or creation of wetlands on

1964 agricultural lands.

1965 1. Nonpoint source best management practices consistent

1966 with s. 403.067, designed to achieve the objectives of the St.

1967 Lucie River Watershed Protection Program, shall be implemented

1968 on an expedited basis. The coordinating agencies may develop an

1969 intergovernmental agreement with local governments to implement

1970 the nonagricultural nonpoint source best management practices

1971 within their respective geographic boundaries.

1972 2. This subsection does not preclude the department or the

1973 district from requiring compliance with water quality standards,

1974 adopted total maximum daily loads, or current best management

1975 practices requirements set forth in any applicable regulatory

1976 program authorized by law for the purpose of protecting water

1977 quality. This subsection applies only to the extent that it does

1978 not conflict with any rules adopted by the department or

1979 district which are necessary to maintain a federally delegated

1980 or approved program.

1981 3. Projects that make use of private lands, or lands held

1982 in trust for Indian tribes, to reduce pollutant loadings or

1983 concentrations within a basin, or that reduce the volume of

1984 harmful discharges by one or more of the following methods:

1985 restoring the natural hydrology of the basin, restoring wildlife

1986 habitat or impacted wetlands, reducing peak flows after storm

1987 events, or increasing aquifer recharge, are eligible for grants

1988 available under this section from the coordinating agencies.

1989 4. The St. Lucie River Watershed Basin Management Action

1990 Plan shall require assessment of current water management

1991 practices within the watershed and shall require development of

1992 recommendations for structural, nonstructural, and operational

1993 improvements. Such recommendations shall consider and balance

1994 water supply, flood control, estuarine salinity, aquatic

1995 habitat, and water quality considerations.

1996 5. The department may not authorize the disposal of

1997 domestic wastewater biosolids within the St. Lucie River

1998 watershed unless the applicant can affirmatively demonstrate

1999 that the nutrients in the biosolids will not add to nutrient

2000 loadings in the watershed. This demonstration shall be based on

2001 achieving a net balance between nutrient imports relative to

2002 exports on the permitted application site. Exports shall include

2003 only nutrients removed from the St. Lucie River watershed

2004 through products generated on the permitted application site.

2005 This prohibition does not apply to Class AA biosolids that are

2006 marketed and distributed as fertilizer products in accordance

2007 with department rule.

2008 6. The Department of Health shall require all entities

2009 disposing of septage within the St. Lucie River watershed to

2010 develop and submit to that agency an agricultural use plan that

2011 limits applications based upon nutrient loading consistent with

2012 any basin management action plan adopted pursuant to s. 403.067.

2013 7. The Department of Agriculture and Consumer Services

2014 shall initiate rulemaking requiring entities within the St.

2015 Lucie River watershed which land-apply animal manure to develop

2016 a resource management system level conservation plan, according

2017 to United States Department of Agriculture criteria, which limit

2018 such application. Such rules shall include criteria and

2019 thresholds for the requirement to develop a conservation or

2020 nutrient management plan, requirements for plan approval, site

2021 inspection requirements, and recordkeeping requirements.

2022 8. The district shall initiate rulemaking to provide for a

2023 monitoring program for nonpoint source dischargers required to

2024 monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3.

2025 The results of such monitoring must be reported to the

2026 coordinating agencies.

2027 (e) River Watershed Protection Plan implementation.—The

2028 coordinating agencies shall be jointly responsible for

2029 implementing the River Watershed Protection Plans, consistent

2030 with the statutory authority and responsibility of each agency.

2031 Annual funding priorities shall be jointly established, and the

2032 highest priority shall be assigned to programs and projects that

2033 have the greatest potential for achieving the goals and

2034 objectives of the plans. In determining funding priorities, the

2035 coordinating agencies shall also consider the need for

2036 regulatory compliance, the extent to which the program or

2037 project is ready to proceed, and the availability of federal or

2038 local government matching funds. Federal and other nonstate

2039 funding shall be maximized to the greatest extent practicable.

2040 (f) Evaluation.—Beginning March 1, 2020, and every 5 years

2041 thereafter, concurrent with the updates of the basin management

2042 action plans adopted pursuant to s. 403.067, the department, in

2043 cooperation with the other coordinating agencies, shall conduct

2044 an evaluation of any pollutant load reduction goals, as well as

2045 any other specific objectives and goals, as stated in the River

2046 Watershed Protection Programs. The district shall identify

2047 modifications to facilities of the River Watershed Construction

2048 Projects, as appropriate, or any other elements of the River

2049 Watershed Protection Programs. The evaluation shall be included

2050 in the annual progress report submitted pursuant to this

2051 section.

2052 (g) Priorities and implementation schedules.—The

2053 coordinating agencies are authorized and directed to establish

2054 priorities and implementation schedules for the achievement of

2055 total maximum daily loads, the requirements of s. 403.067, and

2056 compliance with applicable water quality standards within the

2057 waters and watersheds subject to this section.

2058 (5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY

2059 LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The

2060 department is directed to expedite development and adoption of

2061 total maximum daily loads for the Caloosahatchee River and

2062 estuary. The department is further directed to propose for final

2063 agency action total maximum daily loads for nutrients in the

2064 tidal portions of the Caloosahatchee River and estuary. The

2065 department shall initiate development of basin management action

2066 plans for Lake Okeechobee, the Caloosahatchee River watershed

2067 and estuary, and the St. Lucie River watershed and estuary as

2068 provided in s. 403.067 as follows:

2069 (a) Basin management action plans shall be developed as

2070 soon as practicable as determined necessary by the department to

2071 achieve the total maximum daily loads established for the Lake

2072 Okeechobee watershed and the estuaries.

2073 (b) The Phase II technical plan development pursuant to

2074 paragraph (3)(a), and the River Watershed Protection Plans

2075 developed pursuant to paragraphs (4)(a) and (c), shall provide

2076 the basis for basin management action plans developed by the

2077 department.

2078 (c) As determined necessary by the department to achieve

2079 the total maximum daily loads, additional or modified projects

2080 or programs that complement those in the legislatively ratified

2081 plans may be included during the development of the basin

2082 management action plan.

2083 (d) As provided in s. 403.067, management strategies and

2084 pollution reduction requirements set forth in a basin management

2085 action plan subject to permitting by the department under

2086 subsection (7) must be completed pursuant to the schedule set

2087 forth in the basin management action plan, as amended. The

2088 implementation schedule may extend beyond the 5-year permit

2089 term.

2090 (e) As provided in s. 403.067, management strategies and

2091 pollution reduction requirements set forth in a basin management

2092 action plan for a specific pollutant of concern are not subject

2093 to challenge under chapter 120 at the time they are

2094 incorporated, in an identical form, into a department or

2095 district issued permit or a permit modification issued in

2096 accordance with subsection (7).

2097 (6) ANNUAL PROGRESS REPORT.—Each March 1, the district, in

2098 cooperation with the other coordinating agencies, shall report

2099 on implementation of this section as part of the consolidated

2100 annual report required in s. 373.036(7). The annual report shall

2101 include a summary of the conditions of the hydrology, water

2102 quality, and aquatic habitat in the northern Everglades based on

2103 the results of the Research and Water Quality Monitoring

2104 Programs, the status of the Lake Okeechobee Watershed

2105 Construction Project, the status of the Caloosahatchee River

2106 Watershed Construction Project, and the status of the St. Lucie

2107 River Watershed Construction Project. In addition, the report

2108 shall contain an annual accounting of the expenditure of funds

2109 from the Save Our Everglades Trust Fund. At a minimum, the

2110 annual report shall provide detail by program and plan,

2111 including specific information concerning the amount and use of

2112 funds from federal, state, or local government sources. In

2113 detailing the use of these funds, the district shall indicate

2114 those designated to meet requirements for matching funds. The

2115 district shall prepare the report in cooperation with the other

2116 coordinating agencies and affected local governments. The

2117 department shall report on the status of the Lake Okeechobee

2118 Basin Management Action Plan, the Caloosahatchee River Watershed

2119 Basin Management Action Plan, and the St. Lucie River Watershed

2120 Basin Management Action Plan. The Department of Agriculture and

2121 Consumer Services shall report on the status of the

2122 implementation of the agricultural nonpoint source best

2123 management practices, including an implementation assurance

2124 report summarizing survey responses and response rates, site

2125 inspections, and other methods used to verify implementation of

2126 and compliance with best management practices in the Lake

2127 Okeechobee, Caloosahatchee River, and St. Lucie River

2128 watersheds.

2129 (7) LAKE OKEECHOBEE PROTECTION PERMITS.—

2130 (a) The Legislature finds that the Lake Okeechobee

2131 Watershed Protection Program will benefit Lake Okeechobee and

2132 downstream receiving waters and is in the public interest. The

2133 Lake Okeechobee Watershed Construction Project and structures

2134 discharging into or from Lake Okeechobee shall be constructed,

2135 operated, and maintained in accordance with this section.

2136 (b) Permits obtained pursuant to this section are in lieu

2137 of all other permits under this chapter or chapter 403, except

2138 those issued under s. 403.0885, if applicable. Additional

2139 permits are not required for the Lake Okeechobee Watershed

2140 Construction Project, or structures discharging into or from

2141 Lake Okeechobee, if such project or structures are permitted

2142 under this section. Construction activities related to

2143 implementation of the Lake Okeechobee Watershed Construction

2144 Project may be initiated before final agency action, or notice

2145 of intended agency action, on any permit from the department

2146 under this section.

2147 (c)1. Owners or operators of existing structures which

2148 discharge into or from Lake Okeechobee that were subject to

2149 Department Consent Orders 91-0694, 91-0705, 91-0706, 91-0707,

2150 and RT50-205564 and that are subject to s. 373.4592(4)(a) do not

2151 require a permit under this section and shall be governed by

2152 permits issued under ss. 373.413 and 373.416 and the Lake

2153 Okeechobee Basin Management Action Plan adopted pursuant to s.

2154 403.067.

2155 2. For the purposes of this paragraph, owners and

2156 operators of existing structures which are subject to s.

2157 373.4592(4)(a) and which discharge into or from Lake Okeechobee

2158 shall be deemed in compliance with this paragraph if they are in

2159 full compliance with the conditions of permits under chapter

2160 40E-63, Florida Administrative Code.

2161 3. By January 1, 2017, the district shall submit to the

2162 department a complete application for a permit modification to

2163 the Lake Okeechobee structure permits to incorporate proposed

2164 changes necessary to ensure that discharges through the

2165 structures covered by this permit are consistent with the basin

2166 management action plan adopted pursuant to s. 403.067.

2167 (d) The department shall require permits for district

2168 regional projects that are part of the Lake Okeechobee Watershed

2169 Construction Project. However, projects that qualify as exempt

2170 pursuant to s. 373.406 do not require permits under this

2171 section. Such permits shall be issued for a term of 5 years upon

2172 the demonstration of reasonable assurances that:

2173 1. District regional projects that are part of the Lake

2174 Okeechobee Watershed Construction Project shall achieve the

2175 design objectives for phosphorus required in subparagraph

2176 (3)(a)1.;

2177 2. For water quality standards other than phosphorus, the

2178 quality of water discharged from the facility is of equal or

2179 better quality than the inflows;

2180 3. Discharges from the facility do not pose a serious

2181 danger to public health, safety, or welfare; and

2182 4. Any impacts on wetlands or state-listed species

2183 resulting from implementation of that facility of the Lake

2184 Okeechobee Construction Project are minimized and mitigated, as

2185 appropriate.

2186 (e) At least 60 days before the expiration of any permit

2187 issued under this section, the permittee may apply for a renewal

2188 thereof for a period of 5 years.

2189 (f) Permits issued under this section may include any

2190 standard conditions provided by department rule which are

2191 appropriate and consistent with this section.

2192 (g) Permits issued under this section may be modified, as

2193 appropriate, upon review and approval by the department.

2194 (8) RESTRICTIONS ON WATER DIVERSIONS.—The South Florida

2195 Water Management District shall not divert waters to the St.

2196 Lucie River, the Indian River estuary, the Caloosahatchee River

2197 or its estuary, or the Everglades National Park, in such a way

2198 that the state water quality standards are violated, that the

2199 nutrients in such diverted waters adversely affect indigenous

2200 vegetation communities or wildlife, or that fresh waters

2201 diverted to the St. Lucie River or the Caloosahatchee or Indian

2202 River estuaries adversely affect the estuarine vegetation or

2203 wildlife, unless the receiving waters will biologically benefit

2204 by the diversion. However, diversion is permitted when an

2205 emergency is declared by the water management district, if the

2206 Secretary of Environmental Protection concurs.

2207 (9) PRESERVATION OF PROVISIONS RELATING TO THE

2208 EVERGLADES.—Nothing in this section shall be construed to modify

2209 any provision of s. 373.4592.

2210 (10) RIGHTS OF SEMINOLE TRIBE OF FLORIDA.—Nothing in this

2211 section is intended to diminish or alter the governmental

2212 authority and powers of the Seminole Tribe of Florida, or

2213 diminish or alter the rights of that tribe, including, but not

2214 limited to, rights under the water rights compact among the

2215 Seminole Tribe of Florida, the state, and the South Florida

2216 Water Management District as enacted by Pub. L. No. 100-228, 101

2217 Stat. 1556, and chapter 87-292, Laws of Florida, and codified in

2218 s. 285.165, and rights under any other agreement between the

2219 Seminole Tribe of Florida and the state or its agencies. No land

2220 of the Seminole Tribe of Florida shall be used for water storage

2221 or stormwater treatment without the consent of the tribe.

2222 (11) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—

2223 Nothing in this section shall be construed to modify any

2224 existing state water quality standard or to modify the

2225 provisions of s. 403.067(6) and (7)(a).

2226 (12) RULES.—The governing board of the district is

2227 authorized to adopt rules pursuant to ss. 120.536(1) and 120.54

2228 to implement the provisions of this section.

2229 (13) PRESERVATION OF AUTHORITY.—Nothing in this section

2230 shall be construed to restrict the authority otherwise granted

2231 to agencies pursuant to this chapter and chapter 403, and

2232 provisions of this section shall be deemed supplemental to the

2233 authority granted to agencies pursuant to this chapter and

2234 chapter 403.

2235 Section 24. For the purpose of incorporating the amendment

2236 made by this act to section 403.0872, Florida Statutes, in a

2237 reference thereto, section 403.0873, Florida Statutes, is

2238 reenacted to read:

2239 403.0873 Florida Air-Operation License Fee Account.—The

2240 "Florida Air-Operation License Fee Account" is established as a

2241 nonlapsing account within the Department of Environmental

2242 Protection's Air Pollution Control Trust Fund. All license fees

2243 paid pursuant to s. 403.0872(11) shall be deposited in such

2244 account and must be used solely by the department and approved

2245 local programs under the advice and consent of the Legislature

2246 to pay the direct and indirect costs required to develop and

2247 administer the major stationary source air-operation permit

2248 program. Any approved local pollution control program that

2249 accepts funds from the department as reimbursement for services

2250 it performs in the implementation of the major source air-

2251 operation permit program, receives delegation from the

2252 department or the United States Environmental Protection Agency

2253 for implementation of the major source air-operation permit

2254 program, or performs functions, duties, or activities

2255 substantially similar to or duplicative of the services

2256 performed by the department or the United States Environmental

2257 Protection Agency in the implementation of the major source air-

2258 operation permit program is prohibited from collecting

2259 additional fees attributable to such services from any source

2260 permitted under s. 403.0872.

2261 Section 25. For the purpose of incorporating the amendment

2262 made by this act to section 403.1838, Florida Statutes, in a

2263 reference thereto, paragraph (d) of subsection (3) of section

2264 403.1835, Florida Statutes, is reenacted to read:

2265 403.1835 Water pollution control financial assistance.—

2266 (3) The department may provide financial assistance

2267 through any program authorized under 33 U.S.C. s. 1383, as

2268 amended, including, but not limited to, making grants and loans,

2269 providing loan guarantees, purchasing loan insurance or other

2270 credit enhancements, and buying or refinancing local debt. This

2271 financial assistance must be administered in accordance with

2272 this section and applicable federal authorities.

2273 (d) The department may make grants to financially

2274 disadvantaged small communities, as defined in s. 403.1838,

2275 using funds made available from grant allocations on loans

2276 authorized under subsection (4). The grants must be administered

2277 in accordance with s. 403.1838.

2278 Section 26. (1) The following rules are ratified for the

2279 sole and exclusive purpose of satisfying any condition on the

2280 effectiveness imposed under s. 120.541(3), Florida Statutes:

2281 Rules 62-42.200 and 62-42.300, Florida Administrative Code,

2282 titled "Definitions" and "The Lower Santa Fe and Ichetucknee

2283 Rivers and Priority Springs," respectively, as filed for

2284 adoption with the Department of State pursuant to the

2285 certification package dated December 31, 2025.

2286 (2) This section serves no other purpose and may not be

2287 codified in the Florida Statutes. After this act becomes a law,

2288 the enactment and effective dates of this section must be noted

2289 in the Florida Administrative Code, the Florida Administrative

2290 Register, or both, as appropriate. This section does not alter

2291 rulemaking authority delegated by prior law, does not constitute

2292 legislative preemption of or exception to any provision of law

2293 governing adoption or enforcement of the rule cited, and is

2294 intended to preserve the status of any cited rule as a rule

2295 under chapter 120, Florida Statutes. This section does not cure

2296 any rulemaking defect or preempt any challenge based on a lack

2297 of authority or a violation of the legal requirements governing

2298 the adoption of any rule cited.

2299 Section 27. This act shall take effect July 1, 2026.