HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1379 Environmental Protection
SPONSOR(S): Infrastructure Strategies Committee, Water Quality, Supply & Treatment Subcommittee,
Steele, Overdorf and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1632
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Water Quality, Supply & Treatment 14 Y, 0 N, As CS Curtin Curtin
Subcommittee
2) Agriculture & Natural Resources Appropriations 14 Y, 0 N Byrd Pigott
Subcommittee
3) Infrastructure Strategies Committee 18 Y, 0 N, As CS Curtin Harrington
SUMMARY ANALYSIS
Each state must establish water quality standards for waters within their borders, and the Department of
Environmental Protection (DEP) is responsible for establishing water quality standards in Florida. DEP and the
Department of Agriculture and Consumer Services manage two of the state’s land conservation and
preservation programs, the Florida Forever Program and the Rural and Family Lands Protection Program,
respectively.
The bill:
 Requires any county or municipality with a basin management action plan (BMAP) within its jurisdiction
to include within the capital improvement element of its comprehensive plan a list of projects
necessary to achieve the pollutant load reductions attributable to the local government as established
in the BMAP.
 Prohibits the installation of new onsite sewage treatment and disposal systems (OSTDSs) within a
BMAP area adopted under s. 403.067, F.S., a reasonable assurance plan, or a pollution reduction plan
where connection to a publicly owned or investor-owned sewerage system is available. In addition, on
lots of 1 acre or less within such areas where a publicly owned or investor-owned sewerage system is
not available, the bill requires the installation of enhanced nutrient-reducing OSTDSs or other
wastewater treatment systems that achieve at least 65 percent nutrient reduction.
 Authorizes DEP to provide grants for projects that reduce the amount of nutrients entering waters that:
are not attaining nutrient or nutrient-related standards; have an established total maximum daily load
(TMDL); or are located within a BMAP area, a reasonable assurance plan area adopted by final order,
an accepted alternative restoration plan area, or a rural area of opportunity.
 Requires DEP, relevant local governments, and relevant local public and private wastewater utilities,
as part of a BMAP that includes an Outstanding Florida Spring, to develop an OSTDS remediation
plan for a spring if DEP determines OSTDSs within a BMAP contribute at least 20 percent of nonpoint
source nitrogen pollution or if DEP determines remediation is necessary to achieve the TMDL.
 Establishes the Indian River Lagoon Protection Program within DEP.
 Dedicates $100 million annually to DEP from the Land Acquisition Trust Fund for the acquisition of
lands through the Florida Forever Program.
 Increases the contract price for a land acquisition agreement that requires approval by the Board of
Trustees of the Internal Improvement Trust Fund and increases the threshold for when two appraisals
are required.
 Requires appraisal reports to be disclosed to private land owners during negotiations for acquisition.
The bill may have an indeterminate fiscal impact on state and local governments and on the private sector.
See Fiscal Analysis and Economic Impact Statement, below.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Phosphorus and nitrogen are naturally present in water and are essential nutrients for the healthy
growth of plant and animal life.1 The correct balance of both nutrients is necessary for a healthy
ecosystem; however, excessive nitrogen and phosphorus can cause significant water quality
problems.2 Phosphorus and nitrogen are derived from natural and human-made sources.3 Human-
made sources include sewage disposal systems (wastewater treatment facilities and septic systems),
overflows of storm and sanitary sewers (untreated sewage), agricultural production and irrigation
practices, and stormwater runoff.4
Excessive nutrient loads may result in harmful algal blooms, nuisance aquatic weeds, and the alteration
of the natural community of plants and animals.5 Dense, harmful algal blooms can also cause human
health problems, fish kills, problems for water treatment plants, and impairment of the aesthetics and
taste of water. Growth of nuisance aquatic weeds tends to increase in nutrient-enriched waters, which
may also impact recreational activities.6
In order to plan and prioritize projects to protect and restore water quality, the Department of
Environmental Protection (DEP) has sorted Florida’s water resources into 29 major watersheds and
organized those watersheds into 5 basin groups.7 A watershed is an area of land that contributes to
the flow of water into a body of water8; it “sheds” water into the receiving body of water. Flowing water
carries organic debris and dissolved organic matter that provide food and shelter for aquatic life, but it
also carries pollutants such as fertilizers and pesticides over the land and into the receiving body of
water.9
Water Quality
The federal Clean Water Act (CWA) establishes the framework to protect and restore the Nation’s
waters.10 Each state must establish water quality standards for waters within their borders and then
develop a list of impaired waters that do not meet the established water quality standards and a list of
threatened waters that may not meet water quality standards in the following reporting cycle. 11
The CWA requires states to adopt water quality standards for navigable waters. 12 The CWA also
requires states to develop lists of waterbodies that do not meet water quality standards, which are
1 U.S. Environmental Protection Agency (EPA), The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Mar. 27, 2023).
2 Id.
3 Id.
4 U.S. EPA, Sources and Solutions, https://www.epa.gov/nutrientpollution/sources -and-solutions (last visited Mar. 27, 2023).
5 EPA, supra note 1.
6 Id.; see also National Institute of Environmental Health Sciences, Algal Blooms,
https://www.niehs.nih.gov/health/topics/agents/algal-blooms/index.cfm (last visited Mar. 27, 2023).
7 Department of Environmental Protection (DEP), Assessment Lists, https://floridadep.gov/dear/watershed-assessment-
section/content/assessment-lists (last visited Mar. 27, 2023).
8 S. 403.031(18), F.S.
9 S. Shukla, What is a Watershed?, University of Florida IFAS Extension Ask IFAS (Dec. 2019),
https://edis.ifas.ufl.edu/publication/AE265 (last visited Mar. 17, 2023).
10 EPA, Overview of Identifying and Restoring Impaired Waters under Section 303(d) of the CWA (last updated Aug. 31, 2022),
https://www.epa.gov/tmdl/overview-identifying-and-restoring-impaired-waters-under-section-303d-cwa (last visited Mar. 27, 2023);
11 Id.; 40 C.F.R. § 130.7 (Following the development of the list of impaired waters, states must develop a total maximu m daily load
for every pollutant/waterbody combination on the list. A total maximu m daily load is a scientific determination of the maximu m
amount of a given pollutant that can be absorbed by a waterbody and still meet water quality standards); Department of Environme ntal
Protection (DEP), Total Maximum Daily Loads Program (last updated Dec. 6, 2022), https://floridadep.gov/dear/water-quality-
evaluation-tmdl/content/total-maximum-daily-loads-tmdl-p rogram (last visited Mar. 27, 2023).
12 33 U.S.C. s. 1313.
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 called impaired waters.13 If DEP determines that any waters are impaired, the waterbody or segment
must be placed on the verified list of impaired waters (Verified List) and a total maximum daily load
(TMDL) must be calculated.14 DEP is the lead agency coordinating the development and
implementation of TMDLs.15
A TMDL must be adopted by rule and it is a scientific determination of the maximum amount of a given
pollutant that can be absorbed by a waterbody and still meet water quality standards.16 A waterbody or
waterbody segment may be removed from the list at any time during the TMDL process if it attains
water quality standards.17 If DEP determines that a waterbody is impaired, but further study is needed
to determine the causative pollutants or other factors contributing to impairment before the waterbody is
placed on the Verified List, the waterbody or segment will be placed on the statewide comprehensive
study list.18
The Florida Watershed Restoration Act guides the development and implementation of TMDLs.19
TMDLs must include reasonable and equitable pollutant load allocations between or among point
sources (e.g., pipes and culverts discharging from a permitted facility, such as a domestic wastewater
treatment facility) and nonpoint sources (e.g., agriculture, septic tanks, golf courses) that will alone, or
in conjunction with other management and restoration activities, reduce pollutants and achieve water
quality standards.20 As of December 2022, 459 TMDLs had been established for impaired waters in
Florida, and 8 of those were adopted in calendar year 2022. 21
Basin Management Action Plans
Once a TMDL is adopted,22 DEP may develop and implement a basin management action plan
(BMAP), which is a restoration plan for the watersheds and basins connected to the impaired
waterbody23 that is included on DEP’s Verified List. BMAPs are one of the primary mechanisms DEP
utilizes to achieve TMDLs, and a BMAP addresses the pollutant causing the impairment. 24
BMAPs are plans that address the entire pollution load, including point25 and nonpoint discharges, for a
watershed. BMAPs generally include:
 Permitting and other existing regulatory programs, including water quality-based effluent
limitations;
13 R. 62-300.200(7), F.A.C. (“Impaired water” shall mean a waterbody or waterbody segment that does not meet its applicable water
quality standards as set forth in Chapters 62-302 and 62-4, F.A.C. . . . due in whole or in part to discharges of pollutants from point or
nonpoint sources).
14 S. 403.067(1), F.S.; DEP, supra note 7; DEP, Verified List Waterbody Ids (WBIDs),
https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-waterbody-ids-wbids/about (last visited Mar. 18, 2023); and s. 403.067(4),
F.S.
15 S. 403.061, F.S. DEP has the power and the duty to control and prohibit pollution of air and water in accordance with the law and
rules adopted and promulgated by it. S. 403.061(22), F.S., allows DEP to advise, consult, cooperate, and enter into agreements with
other state agencies, the federal government, other states, interstate agencies, etc.
16 DEP, Total Maximum Daily Loads Program, https://floridadep.gov/dear/water-quality-evaluation-tmdl/content/total-maximum-
daily-loads-tmdl-program (last visited Mar. 27, 2023).
17 S. 403.067(5), F.S.
18 S. 403.067(2), F.S.; R. 62-303.150(1), F.A.C.
19 S. 403.067, F.S.; Ch. 99-223, Laws of Fla.
20 S. 403.067(6)(b), F.S.
21 EDR, Annual Assessment of Florida’s Water Resources: Quality, 5 (2023), http://edr.state.fl.us/Content/natural-
resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf (last visited Mar. 26, 2023).
22 S. 403.067(6)(c), F.S.
23 S. 403.067(7)(a)1., F.S.
24 DEP, Division of Environmental Assessment and Restoration, Guidance on Developing Restoration Plans as Alternatives to
TMDLs – Assessment Category 4b and 4e Plans, p. 2 (June 2015) https://floridadep.gov/sites/default/files/4b4ePlansGuidance.pdf
(last visited Mar. 27, 2023).
25 The term “point source” means “any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system,
vessel or other floating craft from which pollutants are or may be discharged.” Nonpoint sources of pollution are sources of pollution
that are not point sources. Rule 62-620.200(37), F.A.C.
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  Best management practices (BMPs, explained below) and non-regulatory and incentive-based
programs, including cost-sharing, waste minimization, pollution prevention, agreements, and
public education;
 Public works projects, including capital facilities; and
 Land acquisition.26
Producers of nonpoint source pollution included in a BMAP must comply with the established pollutant
reductions by either implementing the appropriate BMPs or by conducting water quality monitoring. 27
A nonpoint source discharger may be subject to enforcement action by DEP or a water management
district based on a failure to implement these requirements. 28
A BMAP must integrate appropriate management strategies available to the state through existing
water quality protection programs to achieve the TMDL. 29 First, the BMAP equitably allocates pollutant
reductions to individual basins, to all basins as a whole, “or to each identified point source or category
of nonpoint sources.”30 Then, the BMAP establishes the schedule for implementing projects and
activities to meet the pollution reduction allocations. The BMAP development process provides an
opportunity for local stakeholders, local government, community leaders, and the public to collectively
determine and share water quality cleanup responsibilities. 31 BMAPs are adopted by secretarial
order,32 and thirty-three BMAPs have been developed statewide.33
“Each new or revised [BMAP] must include:
 The appropriate management strategies available through existing water quality protection
programs to achieve [TMDLs];
 A description of [BMPs] adopted by rule;
 A list of projects in priority ranking with a planning-level cost estimate and estimated date of
completion for each listed project;
 The source and amount of financial assistance to be made available by DEP, a water
management district, or other entity for each listed project, if applicable; and
 A planning-level estimate of each listed project’s expected load reduction, if applicable.” 34
“BMAPs must include milestones for implementation and water quality improvement,” as well as a
water quality monitoring component to evaluate whether reasonable progress is being achieved over
time.35 An assessment of progress must be conducted every five years, and revisions to the BMAP
must be made as appropriate.36
A BMAP for a nutrient TMDL must also include a wastewater treatment plan that addresses domestic
wastewater if DEP identifies domestic wastewater treatment facilities as contributors of at least 20
percent of point source or nonpoint source nutrient pollution or if DEP determines remediation is
necessary to achieve the TMDL.37 This plan must provide for the construction, expansion, or upgrades
necessary to achieve applicable TMDLs and include information regarding the permitted capacity of the
domestic wastewater treatment facility; the average nutrient concentration and the estimated average
26 S. 403.067(7), F.S.
27 S. 403.067(7)(b)2.g., F.S. Examples of BMPs for agriculture include activities such as managing irrigation water to minimize losses
and limiting the use of fertilizers.
28 S. 403.067(7)(b)2.h., F.S.
29 Id.
30 S. 403.067(7)(a)2., F.S.
31 DEP, Basin Management Action Plans (BMAPs) , https://floridadep.gov/dear/water-quality-restoration/content/basin-management-
action-plans-bmaps (last visited Mar. 27, 2023).
32 S. 403.067(7)(a)5., F.S.
33 Office of Economic & Demographic Research (EDR), Annual Assessment of Florida’s Water Resources: Quality, p. 5 (2023),
http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf (last visited Mar. 27, 2023).
34 S. 403.067(7)(a)4., F.S.
35 S. 403.067(7)(a)6., F.S.
36 Id.
37 S. 403.067(7)(a)9., F.S.
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 nutrient load of the domestic wastewater; a projected timeline for the construction of any facility
improvements; the estimated cost of the improvements; and the identity of responsible parties. 38
BMAPs must also include an OSTDS remediation plan if DEP identifies OSTDSs as a contributor of at
least 20 percent of point source or nonpoint source nutrient pollution or if DEP determines remediation
is necessary to achieve a TMDL.39 This remediation plan must identify cost-effective and financially
feasible projects necessary to achieve the nutrient load reductions required for OSTDSs. 40 The plan
must also include an inventory of OSTDSs (including those systems that would be eliminated through
connection to central domestic wastewater infrastructure or that would be upgra