HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 1 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to soil and water conservation 2 districts; repealing ch. 582, F.S., relating to soil 3 and water conservation districts; abolishing all soil 4 and water conservation districts in the state; 5 transferring the assets and liabilities of such 6 districts; amending ss. 120.52, 189.0695, 259.032, 7 259.036, 373.1391, 373.1401, 373.591, 403.067, 570.66, 8 and 570.921, F.S.; conforming provisions to changes 9 made by the act; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Chapter 582, Florida Statutes, consisting of 14 sections 582.01, 582.02, 582.055, 582.06, 582.10, 582.11, 15 582.12, 582.13, 582.14, 582.15, 582 .16, 582.18, 582.19, 582.20, 16 582.28, 582.29, 582.30, 582.31, and 582.32, is repealed. 17 Section 2. The following soil and water conservation 18 districts are abolished and all assets and liabilities of each 19 district are transferred to the Northwest Florida Water 20 Management District: 21 (1) Escambia Soil and Water Conservation District. 22 (2) Yellow River Soil and Water Conservation District. 23 (3) Choctawhatchee River Soil and Water Conservation 24 District. 25 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 2 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (4) Holmes Creek Soil and Water Conservation Distric t. 26 (5) Orange Hill Soil and Water Conservation District. 27 (6) Jackson Soil and Water Conservation District. 28 (7) Chipola River Soil and Water Conservation District. 29 (8) Tupelo Soil and Water Conservation District. 30 (9) Gadsden Soil and Water Conserv ation District. 31 (10) Franklin Soil and Water Conservation District. 32 (11) Leon Soil and Water Conservation District. 33 (12) Wakulla Soil and Water Conservation District. 34 (13) Jefferson Soil and Water Conservation District. 35 Section 3. The following soil and water conservation 36 districts are abolished and all assets and liabilities of each 37 district are transferred to the Suwannee River Water Management 38 District: 39 (1) Taylor Soil and Water Conservation District. 40 (2) Hamilton County Soil and Water Con servation District. 41 (3) Suwannee County Conservation District. 42 (4) Lafayette Soil and Water Conservation District. 43 (5) Dixie Soil and Water Conservation District. 44 (6) Santa Fe Soil and Water Conservation District. 45 (7) Gilchrist Soil and Water Con servation District. 46 (8) Levy Soil and Water Conservation District. 47 (9) Bradford Soil and Water Conservation District. 48 (10) Alachua Soil and Water Conservation District. 49 Section 4. The following soil and water conservation 50 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 3 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S districts are abolished a nd all assets and liabilities of each 51 district are transferred to the St. Johns River Water Management 52 District: 53 (1) Nassau Soil and Water Conservation District. 54 (2) Baker Soil and Water Conservation District. 55 (3) Duval Soil and Water Conservation Di strict. 56 (4) Clay Soil and Water Conservation District. 57 (5) St. Johns Soil and Water Conservation District. 58 (6) Putnam Soil and Water Conservation District. 59 (7) Marion Soil and Water Conservation District. 60 (8) Volusia Soil and Water Conservation D istrict. 61 (9) Lake Soil and Water Conservation District. 62 (10) Seminole Soil and Water Conservation District. 63 (11) Orange Soil and Water Conservation District. 64 (12) Brevard Soil and Water Conservation District. 65 (13) Indian River Soil and Water Conservation District. 66 Section 5. The following soil and water conservation 67 districts are abolished and all assets and liabilities of each 68 district are transferred to the Southwest Florida Water 69 Management District: 70 (1) Sumter Soil and Water Conservation District. 71 (2) Polk Soil and Water Conservation District. 72 (3) Hillsborough Soil and Water Conservation District. 73 (4) Manatee River Soil and Water Conservation District. 74 (5) Hardee Soil and Water Conservation District. 75 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 4 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (6) Peace River Soil and Water Conservation District. 76 (7) Sarasota Soil and Water Conservation District. 77 (8) Charlotte Soil and Water Conservation District. 78 Section 6. The following soil and water conservation 79 districts are abolished and all assets and liabilities of each 80 district are transferred to the South Florida Water Management 81 District: 82 (1) Osceola Soil and Water Conservation District. 83 (2) Okeechobee Soil and Water Conservation District. 84 (3) Highlands Soil and Water Conservation District. 85 (4) Collier Soil and Water Conservation District. 86 (5) St. Lucie Soil and Water Conservation District. 87 (6) Martin Soil and Water Conservation District. 88 (7) Palm Beach Soil and Water Conservation District. 89 (8) Broward Soil and Water Conservation District. 90 (9) South Dade Soil and Water Conservation District. 91 Section 7. The Blackwater Soil and Water Conservation 92 District is dissolved and the assets and liabilities of the 93 district are transferred to Santa Rosa County. 94 Section 8. The Glades Soil and Water Conservation District 95 is dissolved and the assets and liabilities of the district are 96 transferred to Glades County. 97 Section 9. The Hendry Soil and Water Conservation District 98 is dissolved and the assets and liabilities of the district are 99 transferred to Hendry County. 100 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 5 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 10. The Madison Soil and Water Conservation 101 District is dissolved and the assets and liabilities of the 102 district are transferred to Madison County. 103 Section 11. The Union Soil and Water Conservation District 104 is dissolved and the assets and liabilities of the district are 105 transferred to Union County. 106 Section 12. Paragraph (a) of subsection (1) of section 107 120.52, Florida Statutes, is amended to read: 108 120.52 Definitions. —As used in this act: 109 (1) "Agency" means the follow ing officers or governmental 110 entities if acting pursuant to powers other than those derived 111 from the constitution: 112 (a) The Governor; each state officer and state department, 113 and each departmental unit described in s. 20.04; the Board of 114 Governors of the State University System; the Commission on 115 Ethics; the Fish and Wildlife Conservation Commission; a 116 regional water supply authority; a regional planning agency; a 117 multicounty special district, but only if a majority of its 118 governing board is comprised of n onelected persons; educational 119 units; and each entity described in chapters 163, 373, and 380, 120 and 582 and s. 186.504. 121 122 This definition does not include a municipality or legal entity 123 created solely by a municipality; a legal entity or agency 124 created in whole or in part pursuant to part II of chapter 361; 125 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 6 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S a metropolitan planning organization created pursuant to s. 126 339.175; a separate legal or administrative entity created 127 pursuant to s. 339.175 of which a metropolitan planning 128 organization is a member; an e xpressway authority pursuant to 129 chapter 348 or any transportation authority or commission under 130 chapter 343 or chapter 349; or a legal or administrative entity 131 created by an interlocal agreement pursuant to s. 163.01(7), 132 unless any party to such agreement is otherwise an agency as 133 defined in this subsection. 134 Section 13. Subsection (3) of section 189.0695, Florida 135 Statutes, is amended to read: 136 189.0695 Independent special districts; performance 137 reviews.— 138 (3) The Office of Program Policy Analysis and Government 139 Accountability must conduct a performance review of all 140 independent mosquito control special districts within the 141 classifications described in paragraphs (a) and (b) and may 142 contract as needed to co mplete the requirements of this 143 subsection. The Office of Program Policy Analysis and Government 144 Accountability shall submit the final report of the performance 145 review to the President of the Senate and the Speaker of the 146 House of Representatives as follows: 147 (a) For all independent mosquito control districts as 148 defined in s. 388.011, no later than September 30, 2023. 149 (b) For all soil and water conservation districts as 150 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 7 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S defined in s. 582.01, no later than September 30, 2024. 151 Section 14. Subsection (5 ), paragraphs (d) and (e) of 152 subsection (7), and paragraph (b) of subsection (8) of section 153 259.032, Florida Statutes, are amended to read: 154 259.032 Conservation and recreation lands. — 155 (5) The board of trustees may enter into any contract 156 necessary to accomplish the purposes of this section. The lead 157 land managing agencies designated by the board of trustees also 158 are directed by the Legislature to enter into contracts or 159 interagency agreements with other governmental entities , 160 including local soil and wa ter conservation districts, or 161 private land managers who have the expertise to perform specific 162 management activities which a lead agency lacks, or which would 163 cost more to provide in -house. Such activities shall include, 164 but not be limited to, controlled burning, road and ditch 165 maintenance, mowing, and wildlife assessments. 166 (7) All lands managed under this chapter and s. 253.034 167 shall be: 168 (d) Concurrent with the approval of the acquisition 169 contract pursuant to s. 253.025(4)(c) for any interest in lands 170 except those lands acquired pursuant to s. 259.1052, the board 171 shall designate an agency or agencies to manage such lands. The 172 board shall evaluate and amend, as appropriate, the management 173 policy statement for the project as provided by s. 259.035 to 174 ensure that the policy statement is compatible with 175 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 8 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S conservation, recreation, or both. For any fee simple 176 acquisition of a parcel which is or will be leased back for 177 agricultural purposes, or any acquisition of a less than fee 178 interest in land that is or will be used for agricultural 179 purposes, the board shall first consider having a soil and water 180 conservation district, created pursuant to chapter 582, manage 181 and monitor such interests. 182 (e) State agencies designated to manage lands acquired 183 under this chapter or with funds deposited into the Land 184 Acquisition Trust Fund, except those lands acquired under s. 185 259.1052, may contract with local governments and soil and water 186 conservation districts to assist in management activities, 187 including the responsibility of being the lead land manager. 188 Such land management contracts may include a provision for the 189 transfer of management funding to the local government or soil 190 and water conservation district from the land acquisition trust 191 fund of the lead land managing agenc y in an amount adequate for 192 the local government or soil and water conservation district to 193 perform its contractual land management responsibilities and 194 proportionate to its responsibilities, and which otherwise would 195 have been expended by the state agency to manage the property. 196 (8) 197 (b) Individual management plans required by s. 253.034(5), 198 for parcels over 160 acres, shall be developed with input from 199 an advisory group. Members of this advisory group shall include, 200 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 9 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S at a minimum, representatives of the lead land managing agency, 201 comanaging entities, local private property owners, the 202 appropriate soil and water conservation district, a local 203 conservation organization, and a local elected official. If 204 habitat or potentially restorable habitat for imperiled species 205 is located on state lands, the Fish and Wildlife Conservation 206 Commission and the Department of Agriculture and Consumer 207 Services shall be included on any advisory group required under 208 chapter 253, and the short -term and long-term management goals 209 required under chapter 253 must advance the goals and objectives 210 of imperiled species management without restricting other uses 211 identified in the management plan. The advisory group shall 212 conduct at least one public hearing within the county in which 213 the parcel or project is located. For those parcels or projects 214 that are within more than one county, at least one areawide 215 public hearing shall be acceptable and the lead managing agency 216 shall invite a local elected official from each county. The 217 areawide public hearing shall be held in the county in which the 218 core parcels are located. Notice of such public hearing shall be 219 posted on the parcel or project designated for management, 220 advertised in a paper of general circulation, and announced at a 221 scheduled meeting of the local governing body before the actual 222 public hearing. The management prospectus required pursuant to 223 paragraph (7)(c) sha ll be available to the public for a period 224 of 30 days before the public hearing. 225 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 10 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 226 By July 1 of each year, each governmental agency and each 227 private entity designated to manage lands shall report to the 228 Secretary of Environmental Protection on the progress of 229 funding, staffing, and resource management of every project for 230 which the agency or entity is responsible. 231 Section 15. Paragraph (a) of subsection (1) of section 232 259.036, Florida Statutes, is amended to read: 233 259.036 Management review teams. — 234 (1) To determine whether conservation, preservation, and 235 recreation lands titled in the name of the board are being 236 managed for purposes that are compatible with conservation, 237 preservation, or recreation in accordance with a land management 238 plan adopted pursuant to s. 259.032, the board, acting through 239 the department, shall cause periodic management reviews to be 240 conducted as follows: 241 (a) The department shall establish a regional land 242 management review team composed of the following members: 243 1. One individual who is from the county or local 244 community in which the parcel or project is located and who is 245 selected by the county commission in the county which is most 246 impacted by the acquisition. 247 2. One individual from the Division of Recreation and 248 Parks of the department. 249 3. One individual from the Florida Forest Service of the 250 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 11 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Department of Agriculture and Consumer Services. 251 4. One individual from the Fish and Wildlife Conservation 252 Commission. 253 5. One individual from the department's district office in 254 which the parcel is located. 255 6. A private land manager, preferably from the local 256 community, mutually agreeable to the state agency 257 representatives. 258 7. A member or staff from the jurisdictional water 259 management district or local soil and water conserv ation 260 district board of supervisors . 261 8. A member of a conservation organization. 262 Section 16. Paragraph (d) of subsection (1) of section 263 373.1391, Florida Statutes, is amended to read: 264 373.1391 Management of real property. — 265 (1) 266 (d) For any fee simple acquisition of a parcel which is or 267 will be leased back for agricultural purposes, or for any 268 acquisition of a less -than-fee interest in lands that is or will 269 be used for agricultural purposes, the district governing board 270 shall first consider havin g a soil and water conservation 271 district created pursuant to chapter 582 manage and monitor such 272 interest. 273 Section 17. Section 373.1401, Florida Statutes, is amended 274 to read: 275 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 12 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 373.1401 Management of lands of water management 276 districts.—In addition to provisions contained in s. 373.1391(1) 277 for soil and water conservation districts, The governing board 278 of each water management district may contract with a 279 nongovernmental person or entity, any federal or state agency, a 280 county, a municipality, or any othe r governmental entity, or 281 environmental nonprofit organization to provide for the 282 improvement, management, or maintenance of any real property 283 owned by or under the control of the district. 284 Section 18. Paragraph (d) of subsection (1) of section 285 373.591, Florida Statutes, is amended to read: 286 373.591 Management review teams. — 287 (1) To determine whether conservation, preservation, and 288 recreation lands titled in the names of the water management 289 districts are being managed for the purposes for which they were 290 acquired and in accordance with land management objectives, the 291 water management districts shall establish land management 292 review teams to conduct periodic management reviews. The land 293 management review teams shall be composed of the following 294 members: 295 (d) A member of the local soil and water conservation 296 district board of supervisors. 297 Section 19. Subsection (1), paragraph (a) of subsection 298 (3), paragraph (a) of subsection (6), and paragraph (a) of 299 subsection (7) of section 403.067, Florida Statu tes, are amended 300 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 13 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S to read: 301 403.067 Establishment and implementation of total maximum 302 daily loads.— 303 (1) LEGISLATIVE FINDINGS AND INTENT. —In furtherance of 304 public policy established in s. 403.021, the Legislature 305 declares that the waters of the state are among its most basic 306 resources and that the development of a total maximum daily load 307 program for state waters as required by s. 303(d) of the Clean 308 Water Act, Pub. L. No. 92 -500, 33 U.S.C. ss. 1251 et seq. will 309 promote improvements in water quality throug hout the state 310 through the coordinated control of point and nonpoint sources of 311 pollution. The Legislature finds that, while point and nonpoint 312 sources of pollution have been managed through numerous 313 programs, better coordination among these efforts and ad ditional 314 management measures may be needed in order to achieve the 315 restoration of impaired water bodies. The scientifically based 316 total maximum daily load program is necessary to fairly and 317 equitably allocate pollution loads to both nonpoint and point 318 sources. Implementation of the allocation shall include 319 consideration of a cost -effective approach coordinated between 320 contributing point and nonpoint sources of pollution for 321 impaired water bodies or water body segments and may include the 322 opportunity to implement the allocation through nonregulatory 323 and incentive-based programs. The Legislature further declares 324 that the Department of Environmental Protection shall be the 325 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 14 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S lead agency in administering this program and shall coordinate 326 with local governments, wa ter management districts, the 327 Department of Agriculture and Consumer Services, local soil and 328 water conservation districts, environmental groups, regulated 329 interests, other appropriate state agencies, and affected 330 pollution sources in developing and execut ing the total maximum 331 daily load program. 332 (3) ASSESSMENT.— 333 (a) Based on the priority ranking and schedule for a 334 particular listed water body or water body segment, the 335 department shall conduct a total maximum daily load assessment 336 of the basin in which the water body or water body segment is 337 located using the methodology developed pursuant to paragraph 338 (b). In conducting this assessment, the department shall 339 coordinate with the local water management district, the 340 Department of Agriculture and Consumer Services, other 341 appropriate state agencies, soil and water conservation 342 districts, environmental groups, regulated interests, and other 343 interested parties. 344 (6) CALCULATION AND ALLOCATION. — 345 (a) Calculation of total maximum daily load. 346 1. Prior to developing a total maximum daily load 347 calculation for each water body or water body segment on the 348 list specified in subsection (4), the department shall 349 coordinate with applicable local governments, water management 350 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 15 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S districts, the Department of Agriculture an d Consumer Services, 351 other appropriate state agencies, local soil and water 352 conservation districts, environmental groups, regulated 353 interests, and affected pollution sources to determine the 354 information required, accepted methods of data collection and 355 analysis, and quality control/quality assurance requirements. 356 The analysis may include mathematical water quality modeling 357 using approved procedures and methods. 358 2. The department shall develop total maximum daily load 359 calculations for each water body or wa ter body segment on the 360 list described in subsection (4) according to the priority 361 ranking and schedule unless the impairment of such waters is due 362 solely to activities other than point and nonpoint sources of 363 pollution. For waters determined to be impaire d due solely to 364 factors other than point and nonpoint sources of pollution, no 365 total maximum daily load will be required. A total maximum daily 366 load may be required for those waters that are impaired 367 predominantly due to activities other than point and non point 368 sources. The total maximum daily load calculation shall 369 establish the amount of a pollutant that a water body or water 370 body segment may receive from all sources without exceeding 371 water quality standards, and shall account for seasonal 372 variations and include a margin of safety that takes into 373 account any lack of knowledge concerning the relationship 374 between effluent limitations and water quality. The total 375 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 16 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S maximum daily load may be based on a pollutant load reduction 376 goal developed by a water managemen t district, provided that 377 such pollutant load reduction goal is promulgated by the 378 department in accordance with the procedural and substantive 379 requirements of this subsection. 380 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 381 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 382 (a) Basin management action plans. — 383 1. In developing and implementing the total maximum daily 384 load for a water body, the department, or the department in 385 conjunction with a water management district, may develop a 386 basin management action plan that addresses some or all of the 387 watersheds and basins tributary to the water body. Such plan 388 must integrate the appropriate management strategies available 389 to the state through existing water quality protection programs 390 to achieve the total maximum daily loads and may provide for 391 phased implementation of these management strategies to promote 392 timely, cost-effective actions as provided for in s. 403.151. 393 The plan must establish a schedule implementing the management 394 strategies, establish a basis for evaluating the plan's 395 effectiveness, and identify feasible funding strategies for 396 implementing the plan's management strategies. The management 397 strategies may include regional treatment systems or other 398 public works, when appropriate, and voluntary trading of water 399 quality credits to achieve the needed pollutant load reductions. 400 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 17 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 2. A basin management action plan must equitably allocate, 401 pursuant to paragraph (6)(b), pollutant reductions to individual 402 basins, as a whole to all basins, or to each identified point 403 source or category of nonpoint sources, as appropriate. For 404 nonpoint sources for which best management practices have been 405 adopted, the initial requirement specified by the plan must be 406 those practices developed pursuant to paragraph (c). When 407 appropriate, the plan may take into account the benefits of 408 pollutant load reduction achieved by point or nonpoint sources 409 that have implemented management strategies to reduce pollutant 410 loads, including best management practices, before the 411 development of the basin management action plan. The plan must 412 also identify the mechanisms that will address potential future 413 increases in pollutant loading. 414 3. The basin management action planning process is 415 intended to involve the broadest possible range of interested 416 parties, with the objective of encouraging the greatest amount 417 of cooperation and consensus possible. In developing a basin 418 management action plan, the department shall assure that key 419 stakeholders, including, but not limited to, applicable local 420 governments, water management districts, the Department of 421 Agriculture and Consumer Services, other appropriate state 422 agencies, local soil and water conservation districts, 423 environmental groups, regulated interests, and affected 424 pollution sources, are invited to par ticipate in the process. 425 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 18 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S The department shall hold at least one public meeting in the 426 vicinity of the watershed or basin to discuss and receive 427 comments during the planning process and shall otherwise 428 encourage public participation to the greatest practica ble 429 extent. Notice of the public meeting must be published in a 430 newspaper of general circulation in each county in which the 431 watershed or basin lies at least 5 days, but not more than 15 432 days, before the public meeting. A basin management action plan 433 does not supplant or otherwise alter any assessment made under 434 subsection (3) or subsection (4) or any calculation or initial 435 allocation. 436 4. Each new or revised basin management action plan shall 437 include: 438 a. The appropriate management strategies available t hrough 439 existing water quality protection programs to achieve total 440 maximum daily loads, which may provide for phased implementation 441 to promote timely, cost -effective actions as provided for in s. 442 403.151; 443 b. A description of best management practices ado pted by 444 rule; 445 c. A list of projects in priority ranking with a planning -446 level cost estimate and estimated date of completion for each 447 listed project; 448 d. The source and amount of financial assistance to be 449 made available by the department, a water manag ement district, 450 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 19 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or other entity for each listed project, if applicable; and 451 e. A planning-level estimate of each listed project's 452 expected load reduction, if applicable. 453 5. The department shall adopt all or any part of a basin 454 management action plan an d any amendment to such plan by 455 secretarial order pursuant to chapter 120 to implement this 456 section. 457 6. The basin management action plan must include 458 milestones for implementation and water quality improvement, and 459 an associated water quality monitoring component sufficient to 460 evaluate whether reasonable progress in pollutant load 461 reductions is being achieved over time. An assessment of 462 progress toward these milestones shall be conducted every 5 463 years, and revisions to the plan shall be made as appropriat e. 464 Revisions to the basin management action plan shall be made by 465 the department in cooperation with basin stakeholders. Revisions 466 to the management strategies required for nonpoint sources must 467 follow the procedures in subparagraph (c)4. Revised basin 468 management action plans must be adopted pursuant to subparagraph 469 5. 470 7. In accordance with procedures adopted by rule under 471 paragraph (9)(c), basin management action plans, and other 472 pollution control programs under local, state, or federal 473 authority as provided in subsection (4), may allow point or 474 nonpoint sources that will achieve greater pollutant reductions 475 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 20 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S than required by an adopted total maximum daily load or 476 wasteload allocation to generate, register, and trade water 477 quality credits for the excess re ductions to enable other 478 sources to achieve their allocation; however, the generation of 479 water quality credits does not remove the obligation of a source 480 or activity to meet applicable technology requirements or 481 adopted best management practices. Such plan s must allow trading 482 between NPDES permittees, and trading that may or may not 483 involve NPDES permittees, where the generation or use of the 484 credits involve an entity or activity not subject to department 485 water discharge permits whose owner voluntarily elec ts to obtain 486 department authorization for the generation and sale of credits. 487 8. The department's rule relating to the equitable 488 abatement of pollutants into surface waters do not apply to 489 water bodies or water body segments for which a basin management 490 plan that takes into account future new or expanded activities 491 or discharges has been adopted under this section. 492 9. In order to promote resilient wastewater utilities, if 493 the department identifies domestic wastewater treatment 494 facilities or onsite sewag e treatment and disposal systems as 495 contributors of at least 20 percent of point source or nonpoint 496 source nutrient pollution or if the department determines 497 remediation is necessary to achieve the total maximum daily 498 load, a basin management action plan f or a nutrient total 499 maximum daily load must include the following: 500 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 21 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S a. A wastewater treatment plan developed by each local 501 government, in cooperation with the department, the water 502 management district, and the public and private domestic 503 wastewater treatment facilities within the jurisdiction of the 504 local government, that addresses domestic wastewater. The 505 wastewater treatment plan must: 506 (I) Provide for construction, expansion, or upgrades 507 necessary to achieve the total maximum daily load requirements 508 applicable to the domestic wastewater treatment facility. 509 (II) Include the permitted capacity in average annual 510 gallons per day for the domestic wastewater treatment facility; 511 the average nutrient concentration and the estimated average 512 nutrient load of the domestic wastewater; a projected timeline 513 of the dates by which the construction of any facility 514 improvements will begin and be completed and the date by which 515 operations of the improved facility will begin; the estimated 516 cost of the improvements; and th e identity of responsible 517 parties. 518 519 The wastewater treatment plan must be adopted as part of the 520 basin management action plan no later than July 1, 2025. A local 521 government that does not have a domestic wastewater treatment 522 facility in its jurisdiction is not required to develop a 523 wastewater treatment plan unless there is a demonstrated need to 524 establish a domestic wastewater treatment facility within its 525 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 22 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S jurisdiction to improve water quality necessary to achieve a 526 total maximum daily load. A local governme nt is not responsible 527 for a private domestic wastewater facility's compliance with a 528 basin management action plan unless such facility is operated 529 through a public-private partnership to which the local 530 government is a party. 531 b. An onsite sewage treatmen t and disposal system 532 remediation plan developed by each local government in 533 cooperation with the department, the Department of Health, water 534 management districts, and public and private domestic wastewater 535 treatment facilities. 536 (I) The onsite sewage tre atment and disposal system 537 remediation plan must identify cost -effective and financially 538 feasible projects necessary to achieve the nutrient load 539 reductions required for onsite sewage treatment and disposal 540 systems. To identify cost -effective and financial ly feasible 541 projects for remediation of onsite sewage treatment and disposal 542 systems, the local government shall: 543 (A) Include an inventory of onsite sewage treatment and 544 disposal systems based on the best information available; 545 (B) Identify onsite sewa ge treatment and disposal systems 546 that would be eliminated through connection to existing or 547 future central domestic wastewater infrastructure in the 548 jurisdiction or domestic wastewater service area of the local 549 government, that would be replaced with or u pgraded to enhanced 550 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 23 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S nutrient-reducing onsite sewage treatment and disposal systems, 551 or that would remain on conventional onsite sewage treatment and 552 disposal systems; 553 (C) Estimate the costs of potential onsite sewage 554 treatment and disposal system connect ions, upgrades, or 555 replacements; and 556 (D) Identify deadlines and interim milestones for the 557 planning, design, and construction of projects. 558 (II) The department shall adopt the onsite sewage 559 treatment and disposal system remediation plan as part of the 560 basin management action plan no later than July 1, 2025, or as 561 required for Outstanding Florida Springs under s. 373.807. 562 10. When identifying wastewater projects in a basin 563 management action plan, the department may not require the 564 higher cost option if it achieves the same nutrient load 565 reduction as a lower cost option. A regulated entity may choose 566 a different cost option if it complies with the pollutant 567 reduction requirements of an adopted total maximum daily load 568 and meets or exceeds the pollution re duction requirement of the 569 original project. 570 Section 20. Section 570.66, Florida Statutes, is amended 571 to read: 572 570.66 Department of Agriculture and Consumer Services; 573 water policy.—The commissioner may create an Office of 574 Agricultural Water Policy un der the supervision of a senior 575 HB 783 2022 CODING: Words stricken are deletions; words underlined are additions. hb0783-00 Page 24 of 24 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S manager exempt under s. 110.205 in the Senior Management 576 Service. The commissioner may designate the bureaus and 577 positions in the various organizational divisions of the 578 department that report to the office relating to any m atter over 579 which the department has jurisdiction in matters relating to 580 water policy affecting agriculture, application of such 581 policies, and coordination of such matters with state and 582 federal agencies. The office shall enforce and implement the 583 provisions of chapter 582 and rules relating to soil and water 584 conservation. 585 Section 21. Subsection (3) of section 570.921, Florida 586 Statutes, is amended to read: 587 570.921 Environmental Stewardship Certification Program. —588 The department may establish the Environ mental Stewardship 589 Certification Program consistent with this section. 590 (3) The Soil and Water Conservation Council created by s. 591 582.06 may develop and recommend to the department for adoption 592 additional criteria for receipt of an agricultural certificat ion 593 which may include, but not be limited to: 594 (a) Comprehensive management of all on -farm resources. 595 (b) Promotion of environmental awareness and responsible 596 resource stewardship in agricultural or urban communities. 597 (c) Completion of a curriculum of study that is related to 598 environmental issues and regulation. 599 Section 22. This act shall take effect July 1, 2022. 600