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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 pollutant load reduction; amending 2
s. 163.3177, F.S.; requiring the schedule for capital 3
improvements in local government comprehensive plans 4
to include a list of certain pollutant load reduction 5
projects; revising the general sanitary s ewer, solid 6
waste, drainage, potable water, and natural 7
groundwater aquifer recharge element requirements for 8
such comprehensive plans; creating s. 373.47, F.S.; 9
establishing the Indian River Lagoon Protection 10
Program within the Department of Environmental 11
Protection; providing legislative findings and intent; 12
providing definitions; requiring evaluations of 13
specified basin management action plans and reasonable 14
assurance plans; providing evaluation requirements; 15
requiring the department, in coordination wit h the St. 16
Johns River Water Management District, South Florida 17
Water Management District, and Indian River Lagoon 18
National Estuary Program, to establish and implement a 19
program to fund research and monitor water quality 20
within the Indian River Lagoon water shed; requiring 21
the department to use results from the program for 22
specified purposes; prohibiting new onsite sewage 23
treatment and disposal systems within specified basin 24
management action plan and reasonable assurance plan 25
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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
areas; authorizing only specifie d sewage and 26
wastewater treatment systems for new commercial or 27
residential properties in such areas; requiring all 28
commercial and residential properties to connect to 29
central sewer systems or upgrade to specified sewage 30
and wastewater treatment systems by a specified date; 31
authorizing the department, the St. Johns River Water 32
Management District, the South Florida Water 33
Management District, local governments, and other 34
stakeholders to adopt rules; providing construction; 35
amending s. 373.501, F.S.; requirin g the department to 36
transfer specified funds to water management 37
districts; requiring water management districts to 38
annually report to the department on the use of such 39
funds; amending s. 373.807, F.S.; revising conditions 40
for including onsite sewage treat ment and disposal 41
system remediation plans in basin management action 42
plans; amending s. 373.811, F.S.; revising the 43
prohibition of the installation of new onsite sewage 44
treatment and disposal systems within certain areas of 45
an Outstanding Florida Spring; authorizing specified 46
onsite sewage treatment and disposal systems to be 47
installed within such areas; amending s. 403.067, 48
F.S.; requiring new or revised basin management action 49
plans to include a list of certain pollutant load 50
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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
reduction projects; requirin g development of the 51
cooperative agricultural regional water quality 52
improvement element of basin management action plans 53
to include a list of certain pollutant load reduction 54
projects; authorizing the Department of Agriculture 55
and Consumer Services to sub mit legislative budget 56
requests for such projects; amending s. 403.0673, 57
F.S.; renaming the "wastewater grant program" as the 58
"water quality improvement grant program"; providing 59
the purpose of the grant program; revising the types 60
of projects eligible for such grants; requiring the 61
Department of Environmental Protection to consider the 62
cost-share percentages of certain applicants and to 63
give priority to certain projects; amending s. 64
403.086, F.S.; revising the list of waters into which 65
sewage disposal faci lities are prohibited from 66
disposing waste without providing specified advanced 67
waste treatment; authorizing the department to impose 68
more stringent waste treatment standards under 69
specified conditions; amending ss. 201.15 and 403.890, 70
F.S.; conforming pro visions to changes made by the 71
act; providing an effective date. 72
73
Be It Enacted by the Legislature of the State of Florida: 74
75
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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 1. Paragraph (a) of subsection (3) and paragraph 76
(c) of subsection (6) of section 163.3177, Florida Statutes, are 77
amended to read: 78
163.3177 Required and optional elements of comprehensive 79
plan; studies and surveys. — 80
(3)(a) The comprehensive plan shall contain a capital 81
improvements element designed to consider the need for and the 82
location of public facilities in o rder to encourage the 83
efficient use of such facilities and set forth: 84
1. A component that outlines principles for construction, 85
extension, or increase in capacity of public facilities, as well 86
as a component that outlines principles for correcting existi ng 87
public facility deficiencies, which are necessary to implement 88
the comprehensive plan. The components shall cover at least a 5 -89
year period. 90
2. Estimated public facility costs, including a 91
delineation of when facilities will be needed, the general 92
location of the facilities, and projected revenue sources to 93
fund the facilities. 94
3. Standards to ensure the availability of public 95
facilities and the adequacy of those facilities to meet 96
established acceptable levels of service. 97
4. A schedule of capital i mprovements which includes any 98
publicly funded projects of federal, state, or local government, 99
and which may include privately funded projects for which the 100
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local government has no fiscal responsibility. Projects 101
necessary to ensure that any adopted level -of-service standards 102
are achieved and maintained for the 5 -year period must be 103
identified as either funded or unfunded and given a level of 104
priority for funding. 105
5. The schedule must include transportation improvements 106
included in the applicable metropo litan planning organization's 107
transportation improvement program adopted pursuant to s. 108
339.175(8) to the extent that such improvements are relied upon 109
to ensure concurrency and financial feasibility. The schedule 110
must be coordinated with the applicable me tropolitan planning 111
organization's long-range transportation plan adopted pursuant 112
to s. 339.175(7). 113
6. If applicable, the schedule must include a list of 114
projects necessary to achieve the pollutant load reductions 115
attributable to the local government as established in a basin 116
management action plan pursuant to s. 403.067(7). 117
(6) In addition to the requirements of subsections (1) -118
(5), the comprehensive plan shall include the following 119
elements: 120
(c) A general sanitary sewer, solid waste, drainage, 121
potable water, and natural groundwater aquifer recharge element 122
correlated to principles and guidelines for future land use, 123
indicating ways to provide for future potable water, drainage, 124
sanitary sewer, solid waste, and aquifer recharge protection 125
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requirements for the area. The element may be a detailed 126
engineering plan including a topographic map depicting areas of 127
prime groundwater recharge. 128
1. Each local government shall address in the data and 129
analyses required by this section those facilities that provi de 130
service within the local government's jurisdiction. Local 131
governments that provide facilities to serve areas within other 132
local government jurisdictions shall also address those 133
facilities in the data and analyses required by this section, 134
using data from the comprehensive plan for those areas for the 135
purpose of projecting facility needs as required in this 136
subsection. For shared facilities, each local government shall 137
indicate the proportional capacity of the systems allocated to 138
serve its jurisdiction. 139
2. The element shall describe the problems and needs and 140
the general facilities that will be required for solution of the 141
problems and needs, including correcting existing facility 142
deficiencies. The element shall address coordinating the 143
extension of, or increase in the capacity of, or treatment 144
upgrade of facilities to meet future needs , prioritizing 145
advanced waste treatment, while maximizing the use of existing 146
facilities and discouraging urban sprawl; conserving potable 147
water resources; and protecting the functions of natural 148
groundwater recharge areas and natural drainage features. 149
3.a. For any group of 50 or more built or unbuilt parcels 150
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with a density of more than one onsite sewage and disposal 151
system per acre within the jurisdiction of a local government, 152
the element must include a plan to provide sanitary sewer 153
services within a 10 -year planning horizon. An onsite sewage and 154
disposal system shall be presumed if sanitary sewer services are 155
not available at or adjacent to the parcel boundary. 156
b. The plan must identify the name of the intended 157
wastewater facility receiving sanitary sewer flows after 158
connection, the capacity of the facility and any associated 159
transmission facilities, the projected wastewater flow at the 160
facility for the next 20 ye ars including septic -to-sewer 161
conversions and new construction, and a timeline for the 162
construction of sanitary sewer service. 163
c. For any group of 50 or more built or unbuilt parcels 164
with a density of more than one onsite sewage and disposal 165
system per acre within a basin management action plan or the 166
basin of an impaired water adopted pursuant to s. 403.067, the 167
plan must be submitted to the Department of Environmental 168
Protection for review no less than 180 days before approval of 169
the plan. The Departmen t of Environmental Protection may provide 170
written comments directly to the local government within 90 days 171
after receipt of the plan if there does not appear to be 172
adequate provisions to ensure sanitary sewer services within a 173
10-year planning horizon. A l ocal government that is within a 174
basin management action plan or the basin of an impaired water 175
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shall provide an update on the status of sanitary sewer service 176
construction in such areas to, and in a manner prescribed by, 177
the Department of Environmental Pr otection. 178
4.3. Within 18 months after the governing board approves 179
an updated regional water supply plan, the element must 180
incorporate the alternative water supply project or projects 181
selected by the local government from those identified in the 182
regional water supply plan pursuant to s. 373.709(2)(a) or 183
proposed by the local government under s. 373.709(8)(b). If a 184
local government is located within two water management 185
districts, the local government shall adopt its comprehensive 186
plan amendment within 18 months after the later updated regional 187
water supply plan. The element must identify such alternative 188
water supply projects and traditional water supply projects and 189
conservation and reuse necessary to meet the water needs 190
identified in s. 373.709(2)(a) wi thin the local government's 191
jurisdiction and include a work plan, covering at least a 10 -192
year planning period, for building public, private, and regional 193
water supply facilities, including development of alternative 194
water supplies, which are identified in the element as necessary 195
to serve existing and new development. The work plan shall be 196
updated, at a minimum, every 5 years within 18 months after the 197
governing board of a water management district approves an 198
updated regional water supply plan. Local gove rnments, public 199
and private utilities, regional water supply authorities, 200
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special districts, and water management districts are encouraged 201
to cooperatively plan for the development of multijurisdictional 202
water supply facilities that are sufficient to meet projected 203
demands for established planning periods, including the 204
development of alternative water sources to supplement 205
traditional sources of groundwater and surface water supplies. 206
5.4. A local government that does not own, operate, or 207
maintain its own water supply facilities, including, but not 208
limited to, wells, treatment facilities, and distribution 209
infrastructure, and is served by a public water utility with a 210
permitted allocation of greater than 300 million gallons per day 211
is not required to amend its comprehensive plan in response to 212
an updated regional water supply plan or to maintain a work plan 213
if any such local government's usage of water constitutes less 214
than 1 percent of the public water utility's total permitted 215
allocation. However, any suc h local government is required to 216
cooperate with, and provide relevant data to, any local 217
government or utility provider that provides service within its 218
jurisdiction, and to keep its general sanitary sewer, solid 219
waste, potable water, and natural groundwa ter aquifer recharge 220
element updated in accordance with s. 163.3191. 221
Section 2. Section 373.47, Florida Statutes, is created to 222
read: 223
373.47 Indian River Lagoon Protection Program. —The Indian 224
River Lagoon Protection Program is established within the 225
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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. 226
(1) FINDINGS AND INTENT. — 227
(a) The Legislature finds that: 228
1. The Indian River Lagoon is a critical water resource of 229
the state and provides many economic, natural habitat, and 230
biodiversity functions benefiting the public interest, includi ng 231
fishing, navigation, recreation, and habitat to endangered and 232
threatened species and other flora and fauna. 233
2. Changes in land uses, septic tanks, aging 234
infrastructure, stormwater runoff, agriculture, and residential 235
fertilizer have resulted in exces s nutrients entering the lagoon 236
and adversely impacting the water quality. 237
3. Improvement to the hydrology, water quality, and 238
associated aquatic habitats within the Indian River Lagoon is 239
essential to its protection. 240
4. It is imperative for the state, local governments, and 241
agricultural and environmental communities to commit to 242
restoring and protecting the surface water resources of the 243
Indian River Lagoon, and that a holistic approach to address 244
such restoration and protection must be developed and 245
implemented immediately. 246
5. Expeditious implementation of the Banana River Lagoon 247
Basin Management Action Plan, Central Indian River Lagoon Basin 248
Management Action Plan, North Indian River Lagoon Basin 249
Management Action Plan, and Mosquito Lagoon Reasonabl e Assurance 250
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Plan is needed to improve the quality of water in the Indian 251
River Lagoon ecosystem and provide a reasonable means of 252
achieving total maximum daily load requirements and achieving 253
and maintaining compliance with state water quality standards. 254
6. Implementation of the Indian River Lagoon Protection 255
Program pursuant to this section is for the benefit of the 256
public health, safety, and welfare and is in the public 257
interest. 258
7. A continuing source of funding is needed to effectively 259
implement the programs and plans developed and approved under 260
this section and s. 403.067. 261
(b) It is the intent of the Legislature to protect and 262
restore surface water resources and achieve and maintain 263
compliance with water quality standards in the Indian River 264
Lagoon through the phased, comprehensive, and innovative 265
protection program set forth in this section which includes 266
long-term solutions based upon the total maximum daily loads 267
established in accordance with s. 403.067. The program must be 268
watershed-based, shall provide for consideration of all water 269
quality issues needed to meet the total maximum daily load, and 270
must include research and monitoring, development and 271
implementation of best management practices, refinement of 272
existing regulations, and structural and nonstructural projects, 273
including public works. 274
(2) DEFINITIONS.—As used in this section, the term: 275
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(a) "Best management practice" means a practice or 276
combination of practices determined by the coordinating agencies 277
based on research, field testin g, and expert review to be the 278
most effective and practicable means, including economic and 279
technological considerations, for improving water quality in 280
agricultural and urban discharges. Best management practices for 281
agricultural discharges must reflect a balance between water 282
quality improvements and agricultural productivity. 283
(b) "Total maximum daily load" means the sum of the 284
individual wasteload allocations for point sources and the load 285
allocations for nonpoint sources and natural background adopted 286
pursuant to s. 403.067. Before determining individual wasteload 287
allocations and load allocations, the maximum amount of a 288
pollutant that a water body or water segment can assimilate from 289
all sources without exceeding water quality standards must first 290
be calculated. 291
(3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM. —The 292
program shall consist of the Banana River Lagoon Basin 293
Management Action Plan, Central Indian River Lagoon Basin 294
Management Action Plan, North Indian River Lagoon Basin 295
Management Action Pla n, and Mosquito Lagoon Reasonable Assurance 296
Plan and shall be the components for achieving phosphorous and 297
nitrogen load reductions for the Indian River Lagoon. 298
(a) Plan evaluation. — 299
1. Every 5 years, the department shall conduct an 300
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evaluation and update the Banana River Lagoon Basin Management 301
Action Plan, Central Indian River Lagoon Basin Management Action 302
Plan, North Indian River Lagoon Basin Management Action Plan, 303
and Mosquito Lagoon Reasonable Assurance Plan and identify any 304
further load reduction s necessary to achieve compliance with the 305
relevant total maximum daily loads established pursuant to s. 306
403.067. The Banana River Lagoon Basin Management Action Plan, 307
Central Indian River Lagoon Basin Management Action Plan, North 308
Indian River Lagoon Basi n Management Action Plan, and Mosquito 309
Lagoon Reasonable Assurance Plan must include 5 -year milestones 310
for implementation and water quality improvement and a water 311
quality monitoring component sufficient to evaluate whether 312
reasonable progress in pollutant load reductions is being 313
achieved over time pursuant to s. 403.067(7)(a)6. 314
2. The department, in coordination with the St. Johns 315
River Water Management District, the South Florida Water 316
Management District, the Indian River Lagoon National Estuary 317
Program, local governments, and other stakeholders, shall 318
identify and prioritize strategies and projects necessary to 319
achieve water quality standards within the Indian River Lagoon 320
watershed and meet the total maximum daily loads. Projects 321
identified from the evaluation must be incorporated into the 322
Banana River Lagoon Basin Management Action Plan, Central Indian 323
River Lagoon Basin Management Action Plan, North Indian River 324
Lagoon Basin Management Action Plan, and Mosquito Lagoon 325
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Reasonable Assurance Plan, as a ppropriate. 326
(b) Indian River Lagoon watershed research and water 327
quality monitoring.—The department, in coordination with the St. 328
Johns River Water Management District, South Florida Water 329
Management District, and Indian River Lagoon National Estuary 330
Program, shall establish and implement a program to provide a 331
comprehensive water quality monitoring network and fund research 332
pertaining to water quality, ecosystem restoration, and seagrass 333
impacts and restoration within the Indian River Lagoon 334
watershed. The department shall use the results from the program 335
to prioritize projects and modify the Banana River Lagoon Basin 336
Management Action Plan, Central Indian River Lagoon Basin 337
Management Action Plan, North Indian River Lagoon Basin 338
Management Action Plan, a nd Mosquito Lagoon Reasonable Assurance 339
Plan, as appropriate. 340
(c) Onsite sewage treatment and disposal systems. - 341
1. Beginning January 1, 2024, the installation of new 342
onsite sewage treatment and disposal systems are prohibited for 343
areas located within the Banana River Lagoon Basin Management 344
Action Plan, Central Indian River Lagoon Basin Management Action 345
Plan, North Indian River Lagoon Basin Management Action Plan, 346
and Mosquito Lagoon Reasonable Assurance Plan where a central 347
sewer system is available pursuant to s. 381.00655. 348
2. Only advanced nutrient -reducing onsite sewage treatment 349
and disposal systems or distributed wastewater treatment systems 350
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are authorized for new commercial or residential properties 351
located within the Banana River Lagoon Basin Management Action 352
Plan, Central Indian River Lagoon Basin Management Action Plan, 353
North Indian River Lagoon Basin Management Action Plan, and 354
Mosquito Lagoon Reasonable Assurance Plan where a central sewer 355
system is not available. By July 1, 2030, any com mercial or 356
residential property located within the Banana River Lagoon 357
Basin Management Action Plan, Central Indian River Lagoon Basin 358
Management Action Plan, North Indian River Lagoon Basin 359
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 360
Plan with an existing onsite sewage treatment and disposal 361
system must connect to a central sewer system if available or 362
upgrade to an advanced nutrient reducing onsite sewage treatment 363
and disposal system or distributed wastewater treatment system. 364
(4) RULES.—The department, St. Johns River Water 365
Management District, and South Florida Water Management District 366
may adopt rules to implement this section. 367
(5) RELATIONSHIP TO STATE WATER QUALITY STANDARDS. —This 368
section does not modify any existing state water quality 369
standard or s. 403.067(6) and (7)(a). 370
(6) PRESERVATION OF AUTHORITY. —This section is 371
supplemental to and does not restrict the authority otherwise 372
granted to agencies under this chapter and chapter 403. 373
Section 3. Subsection (1) of sect ion 373.501, Florida 374
Statutes, is amended to read: 375
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373.501 Appropriation of funds to water management 376
districts.— 377
(1) The department shall transfer may allocate to the 378
water management districts , from funds appropriated to the 379
districts through the department, such sums as may be deemed 380
necessary to defray the costs of the administrative, regulatory, 381
and other activities of the districts. The governing boards 382
shall submit annual budget requests for such purposes to the 383
department, and the depart ment shall consider such budgets in 384
preparing its budget request for the Legislature. The water 385
management districts shall annually report to the department on 386
the use of the funds. 387
Section 4. Section 373.807, Florida Statutes, is amended 388
to read: 389
373.807 Protection of water quality in Outstanding Florida 390
Springs.—By July 1, 2016, the department shall initiate 391
assessment, pursuant to s. 403.067(3), of Outstanding Florida 392
Springs or spring systems for which an impairment determination 393
has not been made under the numeric nutrient standards in effect 394
for spring vents. Assessments must be completed by July 1, 2018. 395
(1)(a) Concurrent with the adoption of a nutrient total 396
maximum daily load for an Outstanding Florida Spring, the 397
department, or the departme nt in conjunction with a water 398
management district, shall initiate development of a basin 399
management action plan, as specified in s. 403.067. For an 400
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Outstanding Florida Spring with a nutrient total maximum daily 401
load adopted before July 1, 2016, the depart ment, or the 402
department in conjunction with a water management district, 403
shall initiate development of a basin management action plan by 404
July 1, 2016. During the development of a basin management 405
action plan, if the department identifies onsite sewage 406
treatment and disposal systems as contributors of at least 20 407
percent of nonpoint source nitrogen pollution and or if the 408
department determines remediation is necessary to achieve the 409
total maximum daily load, the basin management action plan must 410
shall include an onsite sewage treatment and disposal system 411
remediation plan pursuant to subsection (3) for those systems 412
identified as requiring remediation. 413
(b) A basin management action plan for an Outstanding 414
Florida Spring shall be adopted within 2 years after its 415
initiation and must include, at a minimum: 416
1. A list of all specific projects and programs identified 417
to implement a nutrient total maximum daily load; 418
2. A list of all specific projects identified in any 419
incorporated onsite sewage treatment and d isposal system 420
remediation plan, if applicable; 421
3. A priority rank for each listed project; 422
4. For each listed project, a planning level cost estimate 423
and the estimated date of completion; 424
5. The source and amount of financial assistance to be 425
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made available by the department, a water management district, 426
or other entity for each listed project; 427
6. An estimate of each listed project's nutrient load 428
reduction; 429
7. Identification of each point source or category of 430
nonpoint sources, including, but no t limited to, urban turf 431
fertilizer, sports turf fertilizer, agricultural fertilizer, 432
onsite sewage treatment and disposal systems, wastewater 433
treatment facilities, animal wastes, and stormwater facilities. 434
An estimated allocation of the pollutant load mus t be provided 435
for each point source or category of nonpoint sources; and 436
8. An implementation plan designed with a target to 437
achieve the nutrient total maximum daily load no more than 20 438
years after the adoption of a basin management action plan. 439
440
The department shall develop a schedule establishing 5 -year, 10-441
year, and 15-year targets for achieving the nutrient total 442
maximum daily load. The schedule shall be used to provide 443
guidance for planning and funding purposes and is exempt from 444
chapter 120. 445
(c) For a basin management action plan adopted before July 446
1, 2016, which addresses an Outstanding Florida Spring, the 447
department or the department in conjunction with a water 448
management district must revise the plan if necessary to comply 449
with this section by July 1, 2018. 450
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(d) A local government may apply to the department for a 451
single extension of up to 5 years for any project in an adopted 452
basin management action plan. A local government in a rural area 453
of opportunity, as defined in s. 288.0656, may apply for a 454
single extension of up to 10 years for such a project. The 455
department may grant the extension if the local government 456
provides to the department sufficient evidence that an extension 457
is in the best interest of the public. 458
(2) By July 1, 2017, each local government, as defined in 459
s. 373.802(2), that has not adopted an ordinance pursuant to s. 460
403.9337, shall develop, enact, and implement an ordinance 461
pursuant to that section. It is the intent of the Legislature 462
that ordinances required to be adopted under this subsection 463
reflect the latest scientific information, advancements, and 464
technological improvements in the industry. 465
(3) As part of a basin management action plan that 466
includes an Outstanding Florida Spring, the department, relevant 467
local governments, and relevant local public and private 468
wastewater utilities shall develop an onsite sewage treatment 469
and disposal system remediation plan for a spring if the 470
department determines onsite sewage treatment and disposal 471
systems within a priority focus area contribute at least 20 472
percent of nonpoint source nitrogen pollution or if the 473
department determines remediation is necessary to achieve the 474
total maximum daily load. The plan shall identify cost -effective 475
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and financially feasible projects necessary t o reduce the 476
nutrient impacts from onsite sewage treatment and disposal 477
systems and shall be completed and adopted as part of the basin 478
management action plan no later than the first 5 -year milestone 479
required by subparagraph (1)(b)8. The department is the lead 480
agency in coordinating the preparation of and the adoption of 481
the plan. The department shall: 482
(a) Collect and evaluate credible scientific information 483
on the effect of nutrients, particularly forms of nitrogen, on 484
springs and springs systems; and 485
(b) Develop a public education plan to provide area 486
residents with reliable, understandable information about onsite 487
sewage treatment and disposal systems and springs. 488
489
In addition to the requirements in s. 403.067, the plan shall 490
include options for repai r, upgrade, replacement, drainfield 491
modification, addition of effective nitrogen reducing features, 492
connection to a central sewerage system, or other action for an 493
onsite sewage treatment and disposal system or group of systems 494
within a priority focus area that contribute at least 20 percent 495
of nonpoint source nitrogen pollution or if the department 496
determines remediation is necessary to achieve a total maximum 497
daily load. For these systems, the department shall include in 498
the plan a priority ranking for ea ch system or group of systems 499
that requires remediation and shall award funds to implement the 500
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remediation projects contingent on an appropriation in the 501
General Appropriations Act, which may include all or part of the 502
costs necessary for repair, upgrade, replacement, drainfield 503
modification, addition of effective nitrogen reducing features, 504
initial connection to a central sewerage system, or other 505
action. In awarding funds, the department may consider expected 506
nutrient reduction benefit per unit cost, size and scope of 507
project, relative local financial contribution to the project, 508
and the financial impact on property owners and the community. 509
The department may waive matching funding requirements for 510
proposed projects within an area designated as a rural ar ea of 511
opportunity under s. 288.0656. 512
(4) The department shall provide notice to a local 513
government of all permit applicants under s. 403.814(12) in a 514
priority focus area of an Outstanding Florida Spring over which 515
the local government has full or partial jurisdiction. 516
Section 5. Subsection (2) of section 373.811, Florida 517
Statutes, is amended to read: 518
373.811 Prohibited activities within a priority focus 519
area.—The following activities are prohibited within a priority 520
focus area in effect for an Outstanding Florida Spring: 521
(2) The installation of new onsite sewage treatment and 522
disposal systems where connection to a central sewer system is 523
available pursuant to s. 381.00655, and on lots of less than 1 524
acre where a central sewer system is not ava ilable, unless the 525
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new onsite sewage treatment and disposal system is an enhanced 526
nutrient-reducing onsite sewage treatment and disposal system or 527
a distributed wastewater treatment system with additional 528
nutrient reduction on lots of less than 1 acre, if the addition 529
of the specific systems conflicts with an onsite treatment and 530
disposal system remediation plan incorporated into a basin 531
management action plan in accordance with s. 373.807(3) . 532
Section 6. Paragraphs (a) and (e) of subsection (7) of 533
section 403.067, Florida Statutes, are amended to read: 534
403.067 Establishment and implementation of total maximum 535
daily loads.— 536
(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 537
IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. — 538
(a) Basin management action plans. — 539
1. In developing and implementing the total maximum daily 540
load for a water body, the department, or the department in 541
conjunction with a water management district, may develop a 542
basin management action plan that addresses some or all of the 543
watersheds and basins tributary to the water body. Such plan 544
must integrate the appropriate management strategies available 545
to the state through existing water quality protection programs 546
to achieve the total maximum daily loads and may provide for 547
phased implementation of these management strategies to promote 548
timely, cost-effective actions as provided for in s. 403.151. 549
The plan must establish a schedule implementing the management 550
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strategies, establish a basis for evaluating the plan's 551
effectiveness, and identify fe asible funding strategies for 552
implementing the plan's management strategies. The management 553
strategies may include regional treatment systems or other 554
public works, when appropriate, and voluntary trading of water 555
quality credits to achieve the needed poll utant load reductions. 556
2. A basin management action plan must equitably allocate, 557
pursuant to paragraph (6)(b), pollutant reductions to individual 558
basins, as a whole to all basins, or to each identified point 559
source or category of nonpoint sources, as ap propriate. For 560
nonpoint sources for which best management practices have been 561
adopted, the initial requirement specified by the plan must be 562
those practices developed pursuant to paragraph (c). When 563
appropriate, the plan may take into account the benefits of 564
pollutant load reduction achieved by point or nonpoint sources 565
that have implemented management strategies to reduce pollutant 566
loads, including best management practices, before the 567
development of the basin management action plan. The plan must 568
also identify the mechanisms that will address potential future 569
increases in pollutant loading. 570
3. The basin management action planning process is 571
intended to involve the broadest possible range of interested 572
parties, with the objective of encouraging the greate st amount 573
of cooperation and consensus possible. In developing a basin 574
management action plan, the department shall assure that key 575
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stakeholders, including, but not limited to, applicable local 576
governments, water management districts, the Department of 577
Agriculture and Consumer Services, other appropriate state 578
agencies, local soil and water conservation districts, 579
environmental groups, regulated interests, and affected 580
pollution sources, are invited to participate in the process. 581
The department shall hold a t least one public meeting in the 582
vicinity of the watershed or basin to discuss and receive 583
comments during the planning process and shall otherwise 584
encourage public participation to the greatest practicable 585
extent. Notice of the public meeting must be pub lished in a 586
newspaper of general circulation in each county in which the 587
watershed or basin lies at least 5 days, but not more than 15 588
days, before the public meeting. A basin management action plan 589
does not supplant or otherwise alter any assessment made under 590
subsection (3) or subsection (4) or any calculation or initial 591
allocation. 592
4. Each new or revised basin management action plan must 593
shall include: 594
a. The appropriate management strategies available through 595
existing water quality protection progra ms to achieve total 596
maximum daily loads, which may provide for phased implementation 597
to promote timely, cost -effective actions as provided for in s. 598
403.151; 599
b. A description of best management practices adopted by 600
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rule; 601
c. For the applicable 5 -year implementation milestone, a 602
list of projects that achieve the pollutant load reductions 603
necessary to meet the total maximum daily load or the wasteload 604
allocations established pursuant to subsection (6). Priority 605
must be given to projects that are most likel y to achieve the 606
maximum pollutant reductions A list of projects in priority 607
ranking with a planning -level cost estimate and estimated date 608
of completion for each listed project ; 609
d. The source and amount of financial assistance to be 610
made available by th e department, a water management district, 611
or other entity for each listed project, if applicable; and 612
e. A planning-level estimate of each listed project's 613
expected load reduction, if applicable ; and 614
f. A list of projects developed pursuant to paragra ph (e), 615
if applicable. 616
5. The department shall adopt all or any part of a basin 617
management action plan and any amendment to such plan by 618
secretarial order pursuant to chapter 120 to implement this 619
section. 620
6. The basin management action plan must inclu de 621
milestones for implementation and water quality improvement, and 622
an associated water quality monitoring component sufficient to 623
evaluate whether reasonable progress in pollutant load 624
reductions is being achieved over time. An assessment of 625
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progress toward these milestones shall be conducted every 5 626
years, and revisions to the plan shall be made as appropriate. 627
Revisions to the basin management action plan shall be made by 628
the department in cooperation with basin stakeholders. Revisions 629
to the management strategies required for nonpoint sources must 630
follow the procedures in subparagraph (c)4. Revised basin 631
management action plans must be adopted pursuant to subparagraph 632
5. 633
7. In accordance with procedures adopted by rule under 634
paragraph (9)(c), basin man agement action plans, and other 635
pollution control programs under local, state, or federal 636
authority as provided in subsection (4), may allow point or 637
nonpoint sources that will achieve greater pollutant reductions 638
than required by an adopted total maximum daily load or 639
wasteload allocation to generate, register, and trade water 640
quality credits for the excess reductions to enable other 641
sources to achieve their allocation; however, the generation of 642
water quality credits does not remove the obligation of a so urce 643
or activity to meet applicable technology requirements or 644
adopted best management practices. Such plans must allow trading 645
between NPDES permittees, and trading that may or may not 646
involve NPDES permittees, where the generation or use of the 647
credits involve an entity or activity not subject to department 648
water discharge permits whose owner voluntarily elects to obtain 649
department authorization for the generation and sale of credits. 650
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8. The department's rule relating to the equitable 651
abatement of pollutants into surface waters do not apply to 652
water bodies or water body segments for which a basin management 653
plan that takes into account future new or expanded activities 654
or discharges has been adopted under this section. 655
9. In order to promote resilient wastewater utilities, if 656
the department identifies domestic wastewater treatment 657
facilities or onsite sewage treatment and disposal systems as 658
contributors of at least 20 percent of point source or nonpoint 659
source nutrient pollution and or if the department determines 660
remediation is necessary to achieve the total maximum daily 661
load, a basin management action plan for a nutrient total 662
maximum daily load must include the following: 663
a. A wastewater treatment plan developed by each local 664
government, in cooper ation with the department, the water 665
management district, and the public and private domestic 666
wastewater treatment facilities within the jurisdiction of the 667
local government, that addresses domestic wastewater. The 668
wastewater treatment plan must: 669
(I) Provide for construction, expansion, or upgrades 670
necessary to achieve the total maximum daily load requirements 671
applicable to the domestic wastewater treatment facility. 672
(II) Include the permitted capacity in average annual 673
gallons per day for the domestic wastewater treatment facility; 674
the average nutrient concentration and the estimated average 675
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nutrient load of the domestic wastewater; a projected timeline 676
of the dates by which the construction of any facility 677
improvements will begin and be completed and t he date by which 678
operations of the improved facility will begin; the estimated 679
cost of the improvements; and the identity of responsible 680
parties. 681
682
The wastewater treatment plan must be adopted as part of the 683
basin management action plan no later than July 1, 2025. A local 684
government that does not have a domestic wastewater treatment 685
facility in its jurisdiction is not required to develop a 686
wastewater treatment plan unless there is a demonstrated need to 687
establish a domestic wastewater treatment facility wit hin its 688
jurisdiction to improve water quality necessary to achieve a 689
total maximum daily load. A local government is not responsible 690
for a private domestic wastewater facility's compliance with a 691
basin management action plan unless such facility is operate d 692
through a public-private partnership to which the local 693
government is a party. 694
b. An onsite sewage treatment and disposal system 695
remediation plan developed by each local government in 696
cooperation with the department, the Department of Health, water 697
management districts, and public and private domestic wastewater 698
treatment facilities. 699
(I) The onsite sewage treatment and disposal system 700
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remediation plan must identify cost -effective and financially 701
feasible projects necessary to achieve the nutrient load 702
reductions required for onsite sewage treatment and disposal 703
systems. To identify cost -effective and financially feasible 704
projects for remediation of onsite sewage treatment and disposal 705
systems, the local government shall: 706
(A) Include an inventory of o nsite sewage treatment and 707
disposal systems based on the best information available; 708
(B) Identify onsite sewage treatment and disposal systems 709
that would be eliminated through connection to existing or 710
future central domestic wastewater infrastructure in the 711
jurisdiction or domestic wastewater service area of the local 712
government, that would be replaced with or upgraded to enhanced 713
nutrient-reducing onsite sewage treatment and disposal systems, 714
or that would remain on conventional onsite sewage treatment and 715
disposal systems; 716
(C) Estimate the costs of potential onsite sewage 717
treatment and disposal system connections, upgrades, or 718
replacements; and 719
(D) Identify deadlines and interim milestones for the 720
planning, design, and construction of projects. 721
(II) The department shall adopt the onsite sewage 722
treatment and disposal system remediation plan as part of the 723
basin management action plan no later than July 1, 2025, or as 724
required for Outstanding Florida Springs under s. 373.807. 725
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10. When identifying w astewater projects in a basin 726
management action plan, the department may not require the 727
higher cost option if it achieves the same nutrient load 728
reduction as a lower cost option. A regulated entity may choose 729
a different cost option if it complies with th e pollutant 730
reduction requirements of an adopted total maximum daily load 731
and meets or exceeds the pollution reduction requirement of the 732
original project. 733
(e) Cooperative agricultural regional water quality 734
improvement element. — 735
1. The department, in coordination with the Department of 736
Agriculture and Consumer Services , and owners of agricultural 737
operations in the basin , shall develop a cooperative 738
agricultural regional water quality improvement element as part 739
of a basin management action plan only if: 740
a. Agricultural measures have been adopted by the 741
Department of Agriculture and Consumer Services pursuant to 742
subparagraph (c)2. and have been implemented and the water body 743
remains impaired; 744
b. Agricultural nonpoint sources contribute to at least 20 745
percent of nonpoint source nutrient discharges; and 746
c. the department determines that best management 747
practices alone will not achieve the necessary agricultural 748
nonpoint source load reductions established in a basin 749
management action plan and that additional measures, in 750
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combination with state -sponsored regional projects and other 751
management strategies included in the basin management action 752
plan, are necessary to achieve the total maximum daily load. 753
2. The element will be implemented through the use of 754
cost-sharing projects. The element must include a list of 755
regional nutrient reduction projects submitted to the department 756
by the Department of Agriculture and Consumer Services that will 757
achieve the necessary pollutant load reductions established for 758
agricultural nonpoint sources when the department determines 759
that best management practices alone will not achieve such load 760
reductions cost-effective and technically and financially 761
practical cooperative regional agricultural nutrient reduction 762
projects that can be implemented on private properties on a 763
site-specific, cooperative basis . Such cooperative regional 764
agricultural nutrient reduction projects may include land 765
acquisition in fee or conservation easements on the lands of 766
willing sellers and site -specific water quality improvement or 767
dispersed water management projects . The list of regional 768
nutrient reduction projects included in the cooperative 769
agricultural regional water quality improvement element must 770
include a cost estimate of each project along with the estimated 771
amount of nutrient reduction the project will achieve on the 772
lands of project participants . 773
3. To qualify for participation in the cooperative 774
agricultural regional water quality improvement element, the 775
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participant must have already implemented and be in compliance 776
with best management practices or other measures adopted by the 777
Department of Agriculture and Consumer Services pursuant to 778
subparagraph (c)2. The element may be included in the basin 779
management action plan as a part of the next 5-year assessment 780
under subparagraph (a)6. 781
3.4. The department or the Department of Agriculture and 782
Consumer Services may submit a legislative budget request to 783
fund projects developed pursuant to this paragraph. In 784
allocating funds for projects fu nded pursuant to this paragraph, 785
the department shall provide at least 20 percent of its annual 786
appropriation for projects in subbasins with the highest 787
nutrient concentrations within a basin management action plan. 788
Section 7. Section 403.0673, Florida Statutes, is amended 789
to read: 790
403.0673 Water quality improvement Wastewater grant 791
program.—A wastewater 792
grant program is established within the Department of 793
Environmental Protection to address wastewater, stormwater, and 794
agricultural sources of nutrie nt loading to surface water or 795
groundwater. 796
(1) The purpose of the grant program is to fund projects 797
that will improve the quality of those waters located within a 798
basin management action plan, a reasonable assurance plan or 799
other alternative restoration plan adopted by final order, an 800
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area with an established total maximum daily load, or an area 801
with a waterbody listed by the department as impaired. 802
(2)(1) Subject to the appropriation of funds by the 803
Legislature, The department may provide grants for t he following 804
projects within a basin management action plan, an alternative 805
restoration plan adopted by final order, or a rural area of 806
opportunity under s. 288.0656 which will individually or 807
collectively reduce excess nutrient pollution : 808
(a) Projects to retrofit onsite sewage treatment and 809
disposal systems to upgrade such systems to enhanced nutrient -810
reducing onsite sewage treatment and disposal systems where 811
central sewer systems are not available . 812
(b) Projects to construct, upgrade, repair, or expand 813
wastewater treatment facilities to provide advanced or higher-814
level waste treatment, as defined in s. 403.086(4) . 815
(c) Projects to convert connect onsite sewage treatment 816
and disposal systems to central sewer systems facilities. 817
(d) Projects to constr uct, upgrade, repair, or expand 818
stormwater treatment facilities that result in improvements to 819
surface water or groundwater water quality. 820
(e) Projects to construct, upgrade, repair, or expand 821
domestic wastewater treatment facilities that result in 822
improvement to surface water or groundwater quality, including 823
domestic wastewater reuse and collection systems. 824
(f) Projects identified pursuant to s. 403.067(7)(a) or 825
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(e). 826
(g) Projects identified in a wastewater treatment plan or 827
onsite sewage treatment a nd disposal system remediation plan 828
developed pursuant to s. 403.067(7)(a)9.a. and b. 829
(h) Projects listed in a city or county capital 830
improvements element pursuant to s. 163.3177(3). 831
(2) In allocating such funds, priority must be given to 832
projects that subsidize the connection of onsite sewage 833
treatment and disposal systems to wastewater treatment 834
facilities. First priority must be given to subsidize the 835
connection of onsite sewage treatment and disposal systems to 836
existing infrastructure. Second priori ty must be given to any 837
expansion of a collection or transmission system that promotes 838
efficiency by planning the installation of wastewater 839
transmission facilities to be constructed concurrently with 840
other construction projects occurring within or along a 841
transportation facility right -of-way. Third priority must be 842
given to all other connections of onsite sewage treatment and 843
disposal systems to wastewater treatment facilities. The 844
department shall consider the estimated reduction in nutrient 845
load per project; project readiness; the cost -effectiveness of 846
the project, including cost-share percentage identified by the 847
applicant, except for rural areas of opportunity ; the overall 848
environmental benefit of a project; the location of a project; 849
the availability of local matching funds; and projected water 850
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savings or quantity improvements associated with a project. 851
Projects most likely to achieve the maximum pollutant reduction 852
must be given funding priority. 853
(3) Each grant for a project described in subsection ( 1) 854
must require a minimum of a 50 -percent local match of funds. 855
However, the department may, at its discretion, waive, in whole 856
or in part, this consideration of the local contribution for 857
proposed projects within an area designated as a rural area of 858
opportunity under s. 288.0656. 859
(3)(4) The department shall coordinate with each water 860
management district annually, as necessary, to identify projects 861
grant recipients in each district. 862
(4) The department shall conduct strategic engagement with 863
local governments and stakeholders to identify the most 864
effective and beneficial water quality improvement projects. 865
(5) Beginning January 1, 2021, and each January 1 866
thereafter, the department shall submit a report regarding the 867
projects funded pursuant to th is section to the Governor, the 868
President of the Senate, and the Speaker of the House of 869
Representatives. 870
Section 8. Paragraph (c) of subsection (1) of section 871
403.086, Florida Statutes, is amended to read: 872
403.086 Sewage disposal facilities; advance d and secondary 873
waste treatment.— 874
(1) 875
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(c)1. Notwithstanding this chapter or chapter 373, sewage 876
disposal facilities may not dispose of any wastes in the 877
following waters into Old Tampa Bay, Tampa Bay, Hillsborough 878
Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater Bay, Sarasota 879
Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte 880
Harbor Bay, Biscayne Bay, or, beginning July 1, 2025, Indian 881
River Lagoon, or into any river, stream, channel, canal, bay, 882
bayou, sound, or other water tributary thereto, without 883
providing advanced waste treatment, as defined in subsection 884
(4), approved by the department or a more stringent treatment 885
standard if the department determines the more stringent 886
treatment standard is necessary to achieve the total maximum 887
daily load or applicable water quality criteria: 888
a. Biscayne Bay, Boca Ciega Bay, Charlotte Harbor Bay, 889
Clearwater Bay, Hillsborough Bay, Lemon Bay, Little Sarasota 890
Bay, Old Tampa Bay, Roberts Bay, Sarasota Bay, St. Joseph Sound, 891
Tampa Bay, or any river, stream , channel, canal, bay, bayou, 892
sound, or other water tributary thereto. 893
b. Beginning July 1, 2025, Indian River Lagoon or any 894
river, stream, channel, canal, bay, bayou, sound, or other water 895
tributary thereto. 896
c. Beginning January 1, 2033, waters that are currently 897
not attaining nutrient or nutrient -related standards or that are 898
subject to a nutrient or nutrient -related basin management 899
action plan or reasonable assurance plan adopted pursuant to s. 900
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403.067. 901
2. Notwithstanding this chapter or chapter 373, sewage 902
disposal facilities may not dispose of any wastes in the 903
following waters without providing advanced waste treatment, as 904
defined in subsection (4), approved by the department within 10 905
years after determination or adoption: 906
a. A waterbody that does not attain nutrient or nutrient -907
related standards after July 1, 2023. 908
b. A waterbody that is subject to a nutrient or nutrient -909
related basin management action plan adopted pursuant to s. 910
403.067 after July 1, 2023. 911
c. A waterbody that is subject to an adopted reasonable 912
assurance plan after July 1, 2023 This paragraph does not apply 913
to facilities which were permitted by February 1, 1987, and 914
which discharge secondary treated effluent, followed by water 915
hyacinth treatment, to tributaries of tributaries of the named 916
waters; or to facilities permitted to discharge to the 917
nontidally influenced portions of the Peace River . 918
Section 9. Paragraph (h) of subsection (4) of section 919
201.15, Florida Statutes, is a mended to read: 920
201.15 Distribution of taxes collected. —All taxes 921
collected under this chapter are hereby pledged and shall be 922
first made available to make payments when due on bonds issued 923
pursuant to s. 215.618 or s. 215.619, or any other bonds 924
authorized to be issued on a parity basis with such bonds. Such 925
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pledge and availability for the payment of these bonds shall 926
have priority over any requirement for the payment of service 927
charges or costs of collection and enforcement under this 928
section. All taxes collected under this chapter, except taxes 929
distributed to the Land Acquisition Trust Fund pursuant to 930
subsections (1) and (2), are subject to the service charge 931
imposed in s. 215.20(1). Before distribution pursuant to this 932
section, the Department of Reven ue shall deduct amounts 933
necessary to pay the costs of the collection and enforcement of 934
the tax levied by this chapter. The costs and service charge may 935
not be levied against any portion of taxes pledged to debt 936
service on bonds to the extent that the cost s and service charge 937
are required to pay any amounts relating to the bonds. All of 938
the costs of the collection and enforcement of the tax levied by 939
this chapter and the service charge shall be available and 940
transferred to the extent necessary to pay debt s ervice and any 941
other amounts payable with respect to bonds authorized before 942
January 1, 2017, secured by revenues distributed pursuant to 943
this section. All taxes remaining after deduction of costs shall 944
be distributed as follows: 945
(4) After the required d istributions to the Land 946
Acquisition Trust Fund pursuant to subsections (1) and (2) and 947
deduction of the service charge imposed pursuant to s. 948
215.20(1), the remainder shall be distributed as follows: 949
(h) An amount equaling 5.4175 percent of the remainde r 950
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shall be paid into the Water Protection and Sustainability 951
Program Trust Fund to be used to fund water quality improvement 952
wastewater grants as specified in s. 403.0673. 953
Section 10. Paragraph (c) of subsection (1) of section 954
403.890, Florida Statutes , is amended to read: 955
403.890 Water Protection and Sustainability Program. — 956
(1) Revenues deposited into or appropriated to the Water 957
Protection and Sustainability Program Trust Fund shall be 958
distributed by the Department of Environmental Protection for 959
the following purposes: 960
(c) The water quality improvement wastewater grant program 961
as provided in s. 403.0673. 962
Section 11. This act shall take effect July 1, 2023. 963