November/December 2023

Florida's Environmental News Source of Record FLORIDA EDITION focused on news content of interest to the environmental community.

since 1979

NOVEMBER / DECEMBER 2023

Practical Information For Environmental Professionals

FLORIDA’S FOODSERVICE INDUSTRY NEWSPAPER ◆ $3

WWW.TRNUSA.COM

VOLUME 21 NUMBER 3 ◆ MARCH 2017

You've Got Questions; We've Got Answers From the Southwest 2017 forecast: Florida Water Management District Page 5

floridaspecifier.com

Florida Legislature Environmental Committees Are Set For January Session

At A Glance

WOTUS Rule Update SFWMD Director Update Clay County Recharge Projec EPA Climate Change Permitting Rice's Whale Update Mill Creek Sink Wetland Project

Steakhouses beef up menus with new twists on American classics Page 7

3 4 6 15 15 16

Rockville, MD - When it comes to American cuisine, there are few things more iconic than steakhouses. The slabs of marbled meat, the sizzling grills, the oozing butter, and the dripThese appropriations funded many initiadriving force for tourism in the state. tacking on the list of our 2024 goals.

By JASON BRODEUR pingtives bravado, maybe even a cowboy – from drainage, sewer, and wasteThis is why I was happy to pass SB 106, Throughout my childhood, I have spent hat or two for ambiance—it's enough s Chair of the water treatment improvements to nutrient which enhances the state’s trail system summers on lakes, hiked through Wekiva, to make even fictional steakophile Ron Analysis: Senate Appromanagement plans in our local lakes and with the Florida Wildlife Corridor. The bill and encountered my fair share of bears, Swanson misty-eyed. priations Committee the recharging of our aquifers. increases recurring funding for the Shared deer, and coyotes. For this, it is a great Catering industry Yet for all the traditional steak dinonrevenues Agriculture, Use Non-Motorized (SUN) Trail Nethonor to have been the former Chairman ners ordered daily, there are restaurants on Environment, and But I didpushing not stop atconcept the local level.

In the work from $25 million to $50 million and of the Environmental and Natural Renationwide the of the the rise 4 General GovernSenate, I sponsored provides a non-recurring appropriation of source Committee and now the Chairman all-American steakhousethe to companion new culi- to the ment (AEG), the protection bill, reHB 1379. $200 million to plan, design, and construct of the Appropriations Committee on AEG. naryenvironmental heights, according to market “Big Data”of—Florpreservation Included within this wasbrand an annually the SUN Trail Network. search firm Packaged Factsbill in the Does yourhabitat ida’s natural appropriation $100 million to As our Committee meetings begin, bills newrecurring report 2017 Forecast: of Culinary and beauty is one of theTracking Florida Series.

Forever Act, as well as imLooking ahead, I plan to continue working start to get filed, and new issues emerge, Trend restaurant "The steakhouse is back10-year and will myneed top priorities. plementing a statewide plan for alongside the Department of EnvironI will always advocate for programs, it?

7 capture our attention in 2017.

Not to that septic-to-sewer conversation further mental Protection to secure additional funding, and legislation that will help us the protect classic restaurant ever disapI am proud to say that during the 2023 our BMAPstyle areas from nutrient support for our Septic-to-Sewer Converensure that future generations will be able Chefs and consumers both want and sustainable sourcing, local and but a renewal of the model is Legislative Session, I was able to success- peared, runoffs. sion program and work with stakeholders to appreciate the environment that we their meat to taste delicious and to feel seasonal produce, and global flavors Rise Bisquits fully pass many pieces of environmentally taking place in response to new sources to find innovative ways to mitigate the are all enjoying now, as I did when I was its’ consumption, too. This and forms, all done within the steakandthis newstate flavorful expressions of andgood about Donuts policy to open conscious and budget measures. In of beef I love – Florida’s wildlife introduction of forever chemicals right at younger. ● cuts of meat new breed of steakhouse broadcasts its house format showcasing concept that get chefs and Coral Springs myindistrict, I was able to secure $8 million natural beauty are what set it apart from the sourcelocal of our water treatment plants.

11 the mission to support ranchers, facas entrées with a choice of sides. diners excited," says David Sprinkle, reJason Brodeur is a(such Florida Senator, for local water projects, in addition to $3.9 other parts of this country, and the unique tor in sustainability and animal welfare, Moreover, new menu categories search director, Packaged Facts. representing Seminole million for the continued restoration of landscape is what makes this place special.

Additionally, the legislature and create a dining experience that has recently as flatbreads) and service elementsCounty and part of Today's steakhouse menus increasOrange County Lake While preserving is started picking back up, and with that, the concept. showcases culinary flair, not just a grill freshen DelJesup.

Taco spices ingly feature grass-fedFlorida’s cattle, environment locally an animals, end in itself, ourvarieties, natural systems a more willtobegin to surface, thus master's skill at initiatives cooking steak the reraised heritage meat are up expansion in quested doneness. These operations About the Report butchered and dry aged in-house, and the Southeast 13 dishes that stem from the whole ani- are also designed to be more inclusive, 2017 Forecast: Culinary Trend more of a great place for all kinds of Tracking Series offers an outlook on the mal, not just the premium cuts. And people to dine well, not just traditionculinary trends—the foods, dishes, ingrethat's just the meat. Creative side minded men on expense accounts. dients and flavors—that Packaged Facts dishes in lieu of old standards, global As a result, the modern steakhouse expects to grow in popularity in 2017. and seasonal flavors, and a wider menu is increasingly similar to other modern selection also distinguish these new Advertisers Directory . . . . . . . 2 See STEAKHOUSE page 11 restaurants with a focus on distinctive school operations.

Session is a Chance to Fund Environmental Projects Appetizers:

A

Connect

Entrées: With Us

Appell Pie. . . . . . . . . . . . . . . . . . . . . . . . 2

Address label change?

If your mailing label. is Calendar Events . . .inaccurate . . . . . . . . . 10or

P.O. Box 1857 Tallahassee, FL 32302 CHANGE SERVICE REQUESTED

PAID

WEST PALM BEACH,FL PERMIT NO. 4595

PRSRT STD US POSTAGE

incomplete, please contact us with the correct information Classified Ads. . . . . . . . . at . . . SPECIFIER . . . . . 14 PUBLISHING LLC, P.O. Box 1857 Tallahassee, FL 32302, or email us What’s Going On . . . . . . . . . . . . . . 3 at admin@floridaspecifier.com. We appreciate your help with keeping our circulation database accurate.

Volume 45, Number 5

Florida Environmental, Agriculture Agencies Make Major Budget Requests

By PATRICK GILLESPIE

ing $4 million for a reforestation program, $15 million for a basin management action plan cost sharing program, and $300 million for the Rural and Family Lands Protection Program, which partners with willing farmers to preserve from development working agricultural lands.

Family Lands Protection Act, the state has acquired conservation easements on nearly 69,000 acres of agricultural land, according to the Department.

A Jollibee's U.S. expansion continues with first Florida location opening s the 2024 Legislative Session approaches in early January, state agencies in Florida have completed their legislative budget requests – formal requests for funding their programs and operations.

Shawn Hamilton, the Florida Department of Environmental Protection Secretary, On Oct. 17, the departments of a bold vision Jacksonville, FLFlorida - After much anticbeen the talk of the town since 2016.

"As Jollibeepresented debuts in Florida, we for continued Environmental Protection, Agriculture great program, ” Simpson He seeing water ipation and excitement, Jollibee, the With “It’s the aopening, Floridians will said. anticipate notquality only afunding. multi- He said that Gov. and Consumer Services, Fish and championed the program as Senate DeSantis setwaita goal of $2.5 billion for largest Asian restaurant company, is Wildlife get to try Jollibee's signature menu tudePresiof excitedRon Jollibee patrons Conservation Commission, dent as andthe reported about two-thirds water resource protection and Everglades now open in Jacksonville.

This and is theCitrus items such worldthat famous ing to getof their hands on their Jollibee presented and Chickenjoy. the funding this fiscal year has been spent.but also restoration funding 36th store into thethe US,House as wellAgriculture as This dish is delicately favorites, first-timers waitingduring his first term in the first inResources the state Appropriations and to be the crispylicious have their office, own Jollibee experiNational Sub- breaded He predicted remaining $100tomillion which was surpassed to the tune of Southeast US. It opened on the outside and juicylicious ence," said Jose Miñana, Jollibee committee. Legislators received high-level of the $300 million appropriated to the $3.3 billion, with support from the Florida tooverviews the public on much funding agencies inside.

The well-loved Foods Corporation's Group President of how department this year willJolly be spent by early Legislature.

Hamilton said the department March 18, 2017.

Spaghetti is a favorite of both kids for North America. no over the next four hope to obtain for the 2024-25 fiscal year.

2024. will seek"There's $3.5 billion Jacksonville and kids-at-heart because greater joy for us than serving the The 2024 Legislative Session begins on Jan. years for the same purpose. i s9 and t h e ism ost of its signature sweetneeds and tastes of Jollibee fans in scheduled to end March 8.

The program allows the state to preserve populous city in style sauce, loaded with the community. At Jollibee, we aim to land through agricultural land conserva“We’re seeing the benefits of those investthe Sunshine State, chunky slices of savory bring families together for happy Agriculture Commissioner Wilton Simption easements. It seeks to create easements and I think most of you have heard as well as home to ham, ground meat, moments over great tasting food with son spoke about the impacts of Hurricane ments on valuable agricultural land in this – we’ve seen amazing progress in the the largest Filipinoand hotdog. Other superior value, served with warm Idalia to Florida’s agriculture operations, partnership with farmers and ranchers Everglades – with 55 of those projects American community classic menu faand friendly service – our own brand heThe estimated to ensure sustainable agriculture practiceither breaking ground or achieving major inwhich Florida. long- at about $500 million vorites include the of joy." worth ofarrival damage.ofHe also highlighted sev- es, protect juicy natural resources milestones, he said.of“And you’re seeing the awaited and cheesy and proThe brand has become a”symbol eral programs tect agricultural operations urban and warm ecological benefits of that down in Florida Jollibee in the cityhe hashopes to obtain funding Jolly Hotdog, andfromnostalgia childhood memfor that will assist Florida farmers, includdevelopment.

Since the 2001 and whereFilipinos you’re seeing it reach salinity the Peach Mango Pie, Rural ories for manyBay overseas in which is made with real Philippine sweet mangoes and a flaky golden brown crust.

Hurricane Idalia Impacts

the U.S. To many, Jollibee is the go-to CONTINUED ON PAGE 11 restaurant of Filipinos for both special See JOLLIBEE page 15

Opinions on Septic Tanks, FSU to Study Maui Fire P3s, Smart Growth, and Environmental Effects Water Projects PAGE 2

PAGES 12 and 13

PAGE 19 Single Copy Price $10 in Florida/$15 out-of-state

Hurricane Idalia’s Environmental and Agricultural Impacts Linger

By BLANCHE HARDY

B

Staff Writers

BLANCHE HARDY, PG Senior Correspondent

LINA ALFIERI STERN

MBA, MSRED, LEED Green Associate Contributing Writers and Columnists

Idalia came ashore at Keaton Beach, a few miles south of Perry, and while the news coverage faded after a while, Hurricane Idalia continues to have an impact on the state of Florida and will for some time.

JASON BRODEUR Florida Senator, District 10 MICHELLE DIFFENDERFER Lewis, Longman, and Walker P.A. KATHERINE L. HUPP Lewis, Longman, and Walker P.A.

While attention is frequently given to structure and infrastructure property damage, impacts occur well beyond the built environment in both natural ecosystems and on cultivated lands. For Idalia, the University of Florida Institute of Food and Agricultural Sciences (IFAS) projections indicate losses could reach between $79 million and $380 million, according to a Septemberreport titled, “Preliminary Assessment of Agricultural Losses and Damages Resulting from Hurricane Idalia.”

DREW BARTLETT South Florida Water Management District FELICIA NUDO Southwest Florida Water Management District

Graphic courtesty NOAA

LEO CANNYN, PMP, PE, ENV SP Beryl Engineering & Inspection ROBERT BELTRAN, PE Dewberry TAMARA RICHARDSON Dewberry SEAN M PARKS Lake County

To gauge agrarian impacts, IFAS is conducting a preliminary assessment of the agricultural losses and damages resulting from Hurricane Idalia. IFAS estimates agricultural lands affected by Hurricane Idalia typically produce over $3.9 billion in agricultural products (crops, livestock, aquaculture, etc.) throughout a calendar or marketing year.

The assessment indicates damage may result from wind-damaged field and row crops, crop losses due to high winds in a pecan grove, water quality or mortality issues for shellfish aquaculture operations, lower milk production at a dairy farm due to stressed cattle or the need to dump milk due to issues with cold storage during a power outage, or even a lower sales price for a beef cattle rancher that had cattle that were not able to get the appropriate nutrition due to stressor damaged grazing lands.

IFAS researchers are also considering losses to agricultural assets such as fencing, irrigationsystems, farm homes, farm buildings, greenhouse and nursery structures, machinery/equipment, other infrastructure, livestock animals, and

2

KATHERINE MUNSON Southwest Florida Water Management District BETH HICKENLOOPER St. Johns River Water Management District

Meanwhile, Wilton Simpson, Commissioner of the Florida Department of Agriculture and Consumer Services, told a Florida House committee in October that his agency is estimating agricultural losses from Idalia reached $500 million.

He is seeking funding to assist in helping farmers recover.

The IFAS report projects that at a Category 3, the high-loss scenario is -- up to 55 percent of citrus, 50 percent of field and row crops, 70 percent of fruit and nut tree yields, 25 percent of animal and animal products, and 35 percent of vegetables and melons might be lost as a result of Idalia.

Publisher Editor-In-Chief

PATRICK GILLESPIE

y this point, it seems like a long time since Hurricane Idalia attained Category 4 strength before making landfall on August 30 as a robust Category 3 hurricane in Florida’s Big Bend.

IFAS found the commodity groups that were most affected in terms of value by Idalia’s hurricane conditions include animals and animal products, field and row crops, and vegetables and melons. IFAS notes that producers can experience losses by different means, such as unfavorable changes in the level or value of commodity sales, changes in input costs, and losses resulting from damages requiring repair or replacement. Agricultural losses may result in a variety of ways and combinations.

SPECIFIER PUBLISHING LLC

MARY SZAFRANIEC, PHD, PWS Resource Environmental Solutions (RES) ANSLEY TILLEY, PE Resource Environmental Solutions (RES) Photo courtesty NOAA

perennial plantings such as pecan or citrus trees and vineyards.

The preliminary assessment report indicates more than 3.3 million acres of Florida’s agricultural lands were affected by Idalia, and roughly 74 percent was grazing land. The commodity group acreage that was most affected were animals and animal products and field and row crops.

By The Numbers Hurricane Idalia Impacts • $500 million in agricultural lands • 3.3 million acres of agricultural lands Florida has implemented a cost-sharing program to support impacted growers through the Florida Department of Agriculture and Consumer Services’ Office of Agricultural Water Policy and will support agricultural producers in repairing or replacing damaged irrigation systems, while simultaneously promoting agricultural water efficiency and reducing nutrient application.

“Hurricane Idalia caused widespread crop and livestock losses and severe damage to agricultural infrastructure,” said Simpson.

“This innovative cost-share program will work to support our hardest hit growers who lost much of their 2023 crop and are now looking for ways to repair or replace hundreds of irrigation systems ahead of

MARK BUSCH City of Casselberry

the next growing season.”

DREW SILTON Beveridge & Diamond

Thomas Miller, Biological Sciences Professor at Florida State University, said there are many natural effects that persist post-storm.

LIA CRUTCHFIELD Beveridge & Diamond

“Barrier Islands occur on some 80 percent of the coastlines of Florida (and the rest of the Northern Gulf of Mexico) and serve as a first defense from hurricanes,” he said. “They can take the brunt of winds, waves, and storm surge, protecting not only homes and towns, but seagrass beds, oyster beds, and saltmarshes. Hurricanes often destroy foredunes on these islands, making inland areas more susceptible to later storms. Mitigation varies from site to site. In some places, artificial foredunes are bulldozed back in place and planted with key plant species, such as seaoats. In other places, shores are fortified with wind fences, rock, or beach renourishment.”

LAUREN BROOKS Lewis, Longman, and Walker P.A.

Some preparation can be made, but not everything can be fortified. Even birds were thrown off course by Idalia, as some flamingos typically confined to central Florida and south were spotted as far north as Ohio and Pennsylvania.

“What we do need is better long-term monitoring to understand how storms affect coastal dunes and to determine the effectiveness of different damage mitigation after storms,” Miller said. “If storms are increasing in frequency or intensity, we can also predict mitigation needs after storms." ●

November/December 2023

JAMIE SHEEHAN Florida Specifier

The Florida Specifier makes every effort to ensure the accuracy and validity of all editorial and advertising content.

The newspaper is independent in its views and does not support, endorse or guarantee any data, statements or opinions that appear under any reference or are attributed to or quoted from any known source. The views expressed by authors do not necessarily reflect the views of SPECIFIER PUBLISHING LLC or the Florida Specifier.

The Florida Specifier (ISSN 0740-1973), founded in 1979, is published every other month for $60 per year in-state; $80 out-of-state, by SPECIFIER PUBLISHING LLC, P.O. Box 1857, Tallahassee, FL 32302. Subscription refunds are not provided. Local tax applies.

POSTMASTER: Send address changes to the FLORIDA SPECIFIER, P.O. Box 1857, Tallahassee, FL 32302. © Copyright 2023 by SPECIFIER PUBLISHING LLC. All rights reserved.

No part of this publication may be reproduced or transmitted in any form without the publisher’s prior written permission.

Florida Specifier P.O. Box 1857 Tallahassee, FL 32302 Admin@FloridaSpecifier.com

Florida Specifier

More to Come in New WOTUS Rule

By MICHELLE DIFFENDERFER & KATHERINE L. HUPP

O

n September 8, 2023, the Environmental Protection Agency and the U.S. Army Corps of Engineers (the agencies) published a final rule revising the definition of “waters of the United States” (WOTUS) in the agencies’ January 2023 WOTUS Rule. The Rule was issued to address the Supreme Court’s decision in Sackett v. EPA. The Court in Sackett invalidated the agencies’ use of the significant nexus standard for determining jurisdiction over adjacent wetlands, significantly reducing the number of waters subject to Clean Water Act (CWA) permitting requirements. The Court held that the CWA extends only to adjacent wetlands that are “as a practical matter indistinguishable from waters of the United States,” meaning “that the adjacent [body of water constitutes] . . . ‘water[s] of the United States’ (i.e., a relatively permanent body of water connected to traditional interstate navigable waters); and . . . that the wetland has a continuous surface connection with that water, making it difficult to determine where the ‘water’ ends and the ‘wetland’ begins.” Slip Op. at 22 (quoting Justice Scalia’s plurality opinion in Rapanos v. United States).

The definition of WOTUS determines federal jurisdiction for 11 different CWA programs, including dredge and fill into wetlands, discharge and prevention of oil pollution, and reporting of hazardous substances. In Florida, which is by any definition a “wet” state, regulation of waterways and wetlands touches a broad segment of

Florida Specifier

our population and our economy.

As a result, Florida governments, tribes, farmers, ranchers, developers, businesses, environmental organizations, and individual homeowners will Michelle Diffenderfer find themselves impacted by the new definition of WOTUS and how the agencies, including the Florida Department of Environmental Protection, interpret it.

Although the Court in Sackett did not directly rule on the agencies’ January 2023 WOTUS Rule, the agencies stated that they were modifying the Rule to address the Court’s opinion.

The Rule includes four revisions to the definition of WOTUS: •

Removal of the significant nexus standard from the Tributaries, Adjacent Wetlands, and Additional Waters sections.

• Removal of interstate wetlands from the Interstate Waters section.

• Removal of intrastate wetlands and streams from the Additional Waters section.

• Revised the definition of adjacent to mean having a continuous surface connection.

The remainder of the January 2023 WOTUS Rule, including the preamble and exclusions, were not changed; however, it is unclear whether the agency interpre-

tations stated in the January Rule’s Preamble remain in effect.

jurisdictional waters. Therefore, how the agencies address canals and ditches going forward will be critical for determining jurisdiction on many projects.

Of particular interest, the existing exclusion for ditches was not modified by the Rule and Katherine Hupp therefore only excludes from jurisdiction those ditches excavated wholly in and draining only dry land that are not carrying a relatively permanent flow of water. This implies that ditches that do not meet that criteria could be considered jurisdictional—for example, as relatively permanent waters.

However, Sackett limits jurisdiction based on relative permanence to “only those bodies of water ‘forming geographical features’ that are described in ordinary parlance as ‘streams, oceans, rivers, and lakes.’” (Slip Op. at 14).

Further complicating matters, in Florida, the majority of WOTUS have been assumed by the State for 404 permitting. The Florida program continues to rely on Florida’s wetland rules for defining jurisdiction and uses the 2020 WOTUS Rule upon an applicant’s request for exemption or treatment under the federal standard. It is not clear when Florida will update its program to address the new WOTUS Rule, further muddying the waters for us in Florida.

The agencies have not addressed what constitutes a relatively permanent water under the new rule. In addition, the agencies did not address whether a continuous surface connection between a wetland and a jurisdictional water could be made by way of a ditch, pipe, culvert, or swale so that the wetland could be considered “indistinguishable” from that water.

Notably, the January Rule Preamble states that a continuous surface connection may be established via a ditch, swale, pipe, or culvert and that canals and ditches could be considered relatively permanent waters.

In Florida, drainage and irrigation ditches and canals often connect wetlands to other

November/December 2023

In a recent public webinar, the agencies stated that they will identify relatively permanent waters and adjacent wetlands consistent with Sackett, using tools, resources, relevant case law, and existing guidance and may address issues that arise in terms of rule implementation through approved jurisdictional determinations, CWA permits, notice and comment rulemaking, and guidance.

As stakeholders continue to raise questions about the Rule, it is likely that the Rule will be challenged. Meanwhile, legislation has been introduced in the House of Representatives which aims to redefine and broaden jurisdiction under the CWA in response to Sackett’s significant narrowing.

Stay tuned for further updates, which we hope will come soon. ● Michelle Diffenderfer is President and Katherine Hupp is an Associate at Lewis Longman and Walker, P.A.

3

The Coolest Work on the Planet

The World's Largest Ecosystem Restoration Effort Proves It's Working

By DREW BARTLETT

W

hen I first started the Executive Director job at the South Florida Water Management District (District) more than four years ago, water had been in my veins for decades. But something seemed different about what was ahead.

You may remember that in 2018 and 2019, Floridians were demanding more be done to protect and restore our water resources.

And a newly elected Governor signed an executive order on his second day in office that marshaled momentum and resources into action for Florida’s environment. Talk about being in the right place, at the right time. I joined the District two months after this order was signed, and then realized how much pressure was on us to deliver.

For those of you who don’t know about the District, it was originally formed in 1949 to operate the world’s most complex flood control system (think canals, water control structures, pumps, impoundments, etc.) to protect communities from flooding when it rains and deliver water to communities when it doesn’t. Decades later, it also serves as the state sponsor of the state-federal South Florida Ecosystem Restoration Plan, often referred to as Everglades Restoration. But it is so much more.

The original flood control system worked very, very well to protect communities, but it had consequences. Not only did it severely impact the ecosystems that Florida wildlife depends upon, but it also shunted away all that water that we otherwise need during the dry season every winter. So, what is Everglades restoration really? It’s a retrofit of the old flood control system to manage water for South Florida more logically. Instead of losing water, keep it.

Instead of smashing water into our ecosystems, deliver it at the right time, cleanly, and gently like mother nature would have.

When you boil it down, it’s creating a more adaptable system that can better mitigate big storms and droughts. It’s resiliency.

If you follow the District’s social media channels, and you should, you will see that we hold A LOT of ribbon cuttings, groundbreakings, and ceremonies to recognize progress on this epic retrofit.

Each one of these pivotal moments will one day be memorialized in engineering and environmental textbooks across the country.

•

The EAA Reservoir Project, a water storage reservoir larger than Manhattan, broke ground in early 2023 that captures enough water to fill Doak Campbell Stadium approximately 575

•

•

•

times.

The U.S. Army Corps of Engineers finished constructing the C-44 Reservoir and Stormwater Treatment Area in November 2021 – the largest project completed to-date. This important project did its job to capture Hurricane Ian's rainfall and prevent it from smashing into the Indian River Lagoon.

The formerly channeled Kissimmee River was finally restored to a meandering river in 2021 creating 100,000 acres of restored floodplain habitat for migratory birds, bass, and a fantastic airboat ride.

Four Public Private Partnerships: Brighton Valley, Bluefield Grove, Scott WaterFarm, and ALJO Four Corners Rapid Infiltration Project are complete and operational using more than 21,000 acres to capture enough water to fill Ben Hill GriffinStadium approximately 333 times over. (I’m a Georgia Tech alum so I am done with the Florida stadium references now.)

And that’s not all. We’re also in the initial planning and implementation phases of several more large-scale projects. By the end of my tenure, my goal is to have all storage features contained in the Restoration Plan either constructed or under construction. That’s meaningful resiliency.

It means more water reliability for Lake Okeechobee and the Everglades, and for all the people and wildlife that depend on those water resources. It means more sustainable sport fishing for our coastal communities. It means a more sustainable and enjoyable South Florida.

But wait, there are new challenges. More than nine million people live in South Florida and all the businesses and public services that serve them depend on one thing – flood control systems that keep them dry, safe, and functional. The 1960s-era flood control consisting of thousands of individual components has two new challenges -- it’s very old and depends on gravity.

pens now, the rainwater can’t drain away.

The sustainability of Southern Florida is now dependent on us adapting similarly to the Netherlands, adding pumps to move the water. Each of those retrofits can cost upwards of $200 million.

now than ever before. None of it would be possible without the incredible work of the staff at the District and the U.S. Army Corps of Engineers. These dedicated public servants work, day in and day out, because they believe in the mission. ●

There’s much more to be done in ecosystem restoration and resiliency in South Florida. But I’m confident we’ll get it done. We are more focused and funded

Drew Bartlett is the Executive Director of the South Florida Water Management District.

Photo courtesy SFWMD

Florida Everglades

Photo courtesy SFWMD

Construction taking place at the Everglades Agricultural Area (EAA) Reservoir site.

First, the infrastructure built is largely beyond its designed longevity and must be replaced to continue to provide flood control. Each replacement costs between $20 million and $200 million, depending on whether it’s a culvert or a massive pump station. The number of structures that need critical replacement has increased tenfold over the past decade.

Second, coastal drainage structures are being throttled by sea level rise because water flows downhill. When the ocean water is higher than the inland water, which hapRibbon Cutting for the ALJO Four Corners Rapid Infiltration Project

Florida Everglades

4

Photo courtesy SFWMD

Kissimmee River

November/December 2023

Photo courtesy SFWMD

Photo courtesy SFWMD

Florida Specifier

Your Guide to Recreation in Holiday Water Conservation Tips can I prepare my home to SWIFTMUD’s 16 Florida Counties By KATHERINE MUNSON Q: How use water wisely if I’m away for

By FELICIA NUDO

Q: A:

What kind of recreation opportunities does the District offer?

There are thousands of acres of recreational lands throughout the District and access to most of them is free to visitors. If you are into biking, birding, boating, camping, canoeing and paddling, equestrian activities, fishing, hiking or hunting, there’s something for everyone on the nearly 70 properties.

Several District properties offer picnic facilities, and you can check the individual property for specific information about picnicking on that tract and the level of amenities provided. Additionally, many of our cooperatively managed properties are wheelchair accessible.

Q: A:

Can I go camping with my family on District properties?

With 30 unique campgrounds, the District offers primitive, back country and equestrian-styled sites for camping. The District provides primitive camp areas for campers with tents, backcountry camp areas, which offer small, cleared areas that are accessible only by foot or from a water body and generally have no amenities or water sources, and equestrian camp areas that provide camping for tents and/or horse trailer camping rigs.

Q: A:

How can I make a reservation at a District campground?

Making a reservation is simple through the recreation website.

Reservations are free but are required for camping on District-managed properties.

Day use reservations are required for reserving a pavilion, horse-drawn buggy riding and equestrian trailer parking on some properties. Group camping activities or special events require a Special Use Authorization. Reservations can be made by creating an online account at WaterMatters.org/Recreation.

Q: A:

Why does the District buy lands?

The region’s lands and waters are forever linked by Florida’s natural water cycles. Therefore, one of the main ways the District carries out its mission of balancing water needs and protecting the environment is by obtaining conservation lands around lakes, rivers, wetlands and estuaries. These lands serve as a natural buffer that filters out pollution from runoff before it reaches the nearest body of water. The District also buys lands to preserve and restore native Florida ecosystems that provide water resources benefits and water storage during hurricanes and other major storm events. The District’s acquisition program has primarily been funded through state programs such as Save Our Rivers, Preservation 2000, and Florida Forever.

Q: A:

How can I learn more about District lands?

You can order the District’s new, free recreational guide highlighting nearly 70 properties. With its new, sleeker design, users can scan QR codes to discover specific up-to-date details about each property. You can also check out the new Water Matters Podcast found on the District’s recreation webpage or major podcast platforms. The first episode of the podcast answers the most popular questions about recreation on District lands. To download or order the free recreation guide, make a free camping reservation, listen to the podcast, or learn more about the District’s recreational opportunities, visit WaterMatters. org/Recreation.●

Q: A:

How can I save water when preparing holiday meals?

Defrost frozen foods in the refrigerator or the microwave instead of running hot water over them.

Rinse vegetables and fruits in a sink or pan filled with water instead of under running water. This water can then be reused to water houseplants. A running faucet can use approximately two gallons of water per minute.

Q:

What can I do to reduce water use when cleaning up from holiday gatherings?

A:

When washing dishes by hand, fill one sink or basin with soapy water and fill the rinsing sink one-third to one-half full. Avoid letting the water run continuously in the rinsing sink. Run your dishwasher only when you have a full load. Standard dishwashers can use five gallons of water or more per load.

Q: A:

How can I be water conscious while cooking?

Select the proper size pans for cooking. Large pans require more cooking water than may be necessary.

Scrape food scraps into the garbage can or a composting bin, rather than rinsing them into the sink’s garbage disposal.

Garbage disposals use approximately two gallons of water per minute.

the holidays?

A:

Your home should be using little to no water while you’re traveling for the holidays. Check for indoor and outdoor leaks before you head out. If you have a permanent in-ground irrigation system, make sure your controller is set to follow local water restrictions or turned to the “off ” position if your lawn and landscape are not in need of additional water. Also, confirm that you have a functioning rain shut-off device for your irrigation system to account for natural rainfall that might occur while you’re away.

Q: A:

How can I pass on water savings during the holidays?

Water saving devices are the gift that keep on giving! Look for WaterSense or ENERGY STAR labeled products to help friends and family save water and money on utility bills long after the holidays are over. A WaterSense labeled smart irrigation controller can save an average home up to 15,000 gallons of water a year.

Q: A:

Where can I find more water conservation tips?

To find more water conservation tips, visit the District’s website at WaterMatters.org/Water101.● Katherine Munson is Lead Communications Coordinator at the Southwest Florida Water Management District.

Felicia Nudo is a Land Manager at the Southwest Florida Water Management District.

NWFWMD Launches Distributed Wastewater Pilot Project STAFF & WIRE REPORTS

T

he Northwest Florida Water Management District recently announced the availability of grant funding for distributed wastewater projects.

The pilot program is designed to help communities across northwest Florida plan for and implement distributed wastewater projects benefitting waterbodies that are currently not attaining water quality standards.

The focus of the pilot grant program is to demonstrate, through cost-effectiveness and water quality data, the benefits of alternative approaches to wastewater treatment, particularly in areas not suitable for central sewer facilities.

Eligible applicants and grant recipients are governmental entities, public wastewater utilities, nonprofit wastewater utilities, and other nonprofit organizations within the District’s 16-county region.

The District recognizes the technology supporting distributed wastewater projects

Florida Specifier

may be developed uniquely by private entities and encourages such entities to partner with an eligible applicant.

For the purposes of this program, distributed or decentralized wastewater systems are those wastewater treatment facilities that are not central sewer or onsite sewage treatment and disposal systems projects and that provide a minimum of 65-percent total nitrogen reduction.

Eligible project activities are those that implement a distributed or decentralized wastewater pilot project and may include activities such as suitability studies and plans; construction and installation; engineering, permitting, and project management and administration; monitoring and sampling; and specific operational costs incentives for up to 24 months following construction. ● For More Information: www.nwfwater.com/water-resources/funding-programs Christina Coger 805-539-5999 christina.coger@nwfwater.com

November/December 2023

5

Clay County Groundwater Recharge Project Underway

By BETH HICKENLOOPER

A

major water resource development project in North Florida is well on its way to fruition, with multiple benefits for the region’s water resources. The Black Creek Water Resource Development Project recently achieved milestones to move the project closer to its projected late 2024 completion.

construction. Construction on the final component — the passive water treatment system — began in October. Because the water in Black Creek contains natural tannins and lakes Brooklyn and Geneva are clear water lakes, the pumped water will be treated to remove the color as well as nutrients.

This regionally beneficial water resource development project of the St. Johns River Water Management District in Clay County will recharge the Upper Floridan aquifer and also benefit water levels in lakes Brooklyn and Geneva to help support their minimum flows and levels. In 2023, the District’s Governing Board approved contracts to begin construction of the three main project components – a surface water intake and pump station, pipeline, and treatment system – with construction progressing on all components.

Once all three construction components are complete, up to 10 million gallons per day could be pumped to the treatment system from the South Fork of Black Creek prior to discharging to Alligator Creek and eventually Lake Brooklyn. Diversion of water from the creek will only be made when there is sufficient flow available to ensure the protection of natural resources within the riverine system (anticipated to be primarily during wet-weather flows).

The treated water will replenish groundwater levels in the Upper Floridan aquifer through connections beneath lakes Brooklyn and Geneva.

“Large projects with multiple construction elements are complex and take time, so it’s exciting to see the progress now that construction is well underway,” said Dale Jenkins, director of the District’s Division of Infrastructure and Land Resources. “It’s also great to attain multiple water resource benefits from one project that will add to the quality of life for North Florida residents.”

As passersby may have noticed while traveling along State Road 16, the pump station and intake structure construction is well underway (approximately 60 percent and 80 percent complete, respectively). Progress has also been made on the second element of construction with the installation of nearly two miles of high-density polyethylene pipe under two creeks along SR 21 using horizontal directional drilling technology. Additionally, more than 5,000 feet of ductile iron pipe has been installed along SR 21 using open-cut

6

The current cost estimate for the construction of the entire project is approximately $100 million. More than $43 million in project funding was provided by the Florida Legislature beginning in 2017. A partnership with North Florida utilities is contributing $19.2 million toward the project. Those utilities include Clay County Utility Authority, Gainesville Regional Utilities, St. Johns County Utilities, and JEA. The remaining balance will be provided from District funds.

In Clay County, construction is underway off State Road 16 for a pump station along Black Creek as part of the Black Creek Water Resource Development Project. The project is designed to increase recharge groundwater using excess flow from Black Creek.

To learn more about the project and follow its progress, visit the District’s website at www.sjrwmd.com/projects/#black-creek, visit the District’s YouTube channel at www.youtube.com/user/floridaswater, and follow the District on social media (@ sjrwmd). ● Beth Hickenlooper is Creative Services Manager at St. Johns River Water Manage-

November/December 2023

Florida Specifier

an adverse impact on the quantity and quality of water within aquifers and other water bodies. In addition, non-flowing abandoned wells may also act as a conduit for sources of contaminants to enter the aquifer from the land’s surface. ●

Shannon Estenoz Named Chair of South Florida Task Force STAFF & WIRE REPORTS

Photo courtesy SJRWMD

SJRWMD Waiving Fees For Plugging Old Wells The Saint Johns River Water Management District is promoting opportunities to plug abandoned free-flowing wells to save millions of gallons of water in northeast and east-central Florida. To accelerate the well abandonment work, the District’s Governing Board is waiving the fees associated with plugging eligible abandoned artesian wells within the District’s 18-county region, saving property owners $600.

The District has aggressively worked with other agencies, local governments, and the public to detect, evaluate, and control abandoned artesian (free-flowing) wells since the early 1980s. Many artesian wells were used for historic agricultural operations and may now be abandoned. Older artesian wells were typically drilled to a deeper portion of the aquifer and are more susceptible to increases in salinity or contaminants. As the well ages, deterioration of the well casing can occur potentially allowing lower-quality water to move into other zones of the aquifer that are used for drinking water supplies.

The District is reminding its constituents that free-flowing abandoned artesian wells can waste millions of gallons of water each day. Uncontrolled, improperly constructed, or deteriorating artesian wells can have

Shannon Estenoz, Assistant Secretary for Fish and Wildlife and Parks in the Department of Interior, was named Chair of the South Florida Ecosystem Restoration Task Force. As Chair, Estenoz will collaborate with federal, state, Tribal, and local stakeholders to protect America’s Everglades. The South Florida Ecosystem Restoration Task Force was created by Congress to unite federal, state, Tribal, and local governments to help protect and restore the Everglades. Estenoz has 23 years of Everglades experience.

The Assistant Secretary’s appointment was celebrated at Everglades National Park at the reopened Guy Bradley Visitor Center, renamed to recognize the first Audubon game warden, who was killed in the line of duty protecting wading birds during the plume hunting era of the late 1800s and early 1900s. The recently renovated visitor center incorporates energy-efficient features while meeting Florida building codes for coastal high-hazard zones. ●

Photo courtesy FDEP

Panhandle Aquatic Preserve Named Best Restored Shorline Florida Department of Environmental Protection’s Central Panhandle Aquatic Preserves’ Cat Point Living Shoreline project within Apalachicola Bay has been recognized by the American Shore and Beach Preservation Association. The Association named the Cat Point Living Shoreline project in Apalachicola National Estuarine Research Reserve as one of

five recipients of the 2023 Best Restored Shores Award.

The Cat Point Living Shoreline project is a Natural Resource Damage Assessment restoration project funded through BP’s Deepwater Horizon restoration efforts in the Gulf. The project used nature-based solutions to transform a previously disappearing shoreline into a thriving and functional salt marsh habitat.

Sixteen breakwater structures stretching approximately 1,300 feet were established to protect the shoreline against flooding and storm surge as part of the restoration project. The breakwater also provides critical habitat for oyster restoration. Behind the breakwaters, 20,634 plants were transplanted to create almost an acre of new salt marsh habitat. The breakwater system and expansion of native marsh grasses restored and enhanced habitat functionality for multiple species vital to Apalachicola Bay, including oysters, blue crabs, and juvenile fish.

DEP engaged an extensive group of public and private partners to accomplish the restoration, including the University of Florida/Institute of Food and Agricultural Sciences, Duke Energy, and the Conservation Corps of the Forgotten and Emerald Coasts, demonstrating the benefits of the cooperation among state, local and private partners. ●

SWFWMD Feral Hog Hunts Move Into Phase II The Southwest Florida Water Management District is undertaking feral hog hunts on District lands for the 2023-2024 season. Registration for Phase II is in December, while Phase I registration closed in October. Phase III hunts are only available by District invitation to the top Phase I and Phase II producers. Phase III hunts are an “as needed” management hunt that may take place between March and October 2024.

The District considers feral hogs an exotic and invasive species damaging to native ecosystems, causing erosion and degradation of water quality, and disrupting native plant communities. This is the fifteenth consecutive year for hog hunts on District lands. Last year’s hunts removed 545 hogs on 12 different tracts of land throughout the District. ●

Florida Legislative Environmental Committee Assignments Set

By PATRICK GILLESPIE

T

he Florida Legislature, whose Regular Session begins Jan. 9 and ends on March 8, has in place several House and Senate committees dedicated to environmental and industry topics.

Speaker of the House Paul Renner has tapped Rep. Thad Altman of Brevard County as Chair of the House Agriculture and National Resources Appropriations Subcommittee, which will be tasked with appropriations requests and decisions related to environmental and agricultural issues. Brevard County features Indian River, a portion of the St. Johns River, conservation and wildlife management areas, and 72 miles of beaches.

Two House policy committees focusing on agriculture and environment are the Agriculture, Conservation & Resiliency Subcommittee and the Water Quality,

Florida Specifier

Supply & Treatment Subcommittee. The former committee is chaired by Rep. James Buchanan, who represents a large swath of central and eastern Sarasota County.

The latter committee is led by Representative Cyndi Stevenson, who represents parts of St. Johns County that includes the St. Johns River, beaches, rural areas, and several conservation areas.

Senate President Kathleen Passidomo has tapped Sen. Jason Brodeur of Seminole and Orange counties, to chair the Appropriations Committee on Agriculture, Environment, and General Government, which will work closely with the House’s appropriations committee. Brodeur’s district includes a mix of rural lakes, conservation areas and farms and urban areas.

The Senate has two main environmental policy committees that will align with House committees hearing bills related to changes in how environmental issues are

to be regulated and handled operationally.

The Senate Agriculture Committee is chaired by Sen. Jay Collins, who represents part of Hillsborough County that includes a portion of Tampa Bay. The Senate Committee on Environment and Natural Resources is chaired by Sen. Ana Maria Rodriguez, whose district includes Monroe and Miami-Dade counties.

Her district includes not only the Florida Keys, but also the Florida Everglades.

Interim Committee weeks run through the week of December 11, after which legislators will have a break until the regular session begins. In both chambers, the deadline for general bills is Jan. 5, while the deadline to file bills for introduction is noon Jan. 9, the first day of session, with the House Clerk or Senate Secretary. ●

November/December 2023

Photo courtesy SFWMD

SFWMD Combating Melaleuca Trees to Protect Everglades The South Florida Water Management District (SFWMD) has one of the nation's largest invasive plant management programs. The District battles a host of non-native, invasive plants including Brazilian pepper and floating and submerged aquatic vegetation such as hydrilla and water hyacinth.

Now, SFWMD is teaming with others to control Melaleuca, one of South Florida’s most invasive species. The eradication of invasive species is critically important to the strategic goal of advancing Everglades restoration and improving water quality.

Melaleuca was introduced to Florida over a century ago as an ornamental tree. The prolific invasive species quickly established itself in wetlands, displacing native cypress and sawgrass in the Everglades. SFWMD worked diligently to get Melaleuca federally listed as a noxious weed in order to garner support from federal and state agencies, such as the U.S. Army Corps of Engineers and the Florida Fish and Wildlife Conservation Commission to curb its spread. SFWMD and its partners use a mix of approaches, or “integrated pest management," for melaleuca control.

The use of this integrated pest management approach provides better results than any one method could achieve on its own. SFWMD, Florida Fish and Wildlife Conservation Commission, National Park Service, U.S. Department of Agriculture Agricultural Research Service, U.S. Army Corps of Engineers and others have systemically cleared invasive melaleuca from Lake Okeechobee and the Everglades for over 30 years. ●

Central and Southern Florida Flood Resiliency Study Moving Towards Next Milestone The South Florida Water Management District (District) and the U.S. Army Corps of Engineers, Jacksonville District (Corps) recently held a public meeting to discuss the project evaluation criteria for the Central and Southern Florida Flood Resiliency Study. The agencies introduced the proposed performance metrics for the assessment of project alternatives for the Study.

The study is being conducted under Section 216 of the Flood Control Act of 1970 and will recommend flood risk management projects to build long-term flood resiliency and reduce flood risks within the lower southeast coast of Florida in Palm Beach, Broward, and Miami-Dade Counties.

The District and Corps came to an agreement on the scope of the study and the deliverable schedule in June. The final recommended study scope focuses on enhancing the capacity of the most vulnerable coastal water control structures and adjacent primary canals. Alternatives evaluation is scheduled to be complete by

CONTINUED ON PAGE 10

7

saltwater. The intrusion of saltwater into the river is a result of drought, subsidence, rising seas, and human-made changes to the river. ●

Entergy to Sell its Gas Division

STAFF & WIRE REPORTS TEXAS Turkish Solar Panel Manufacturer to Establish Waller County Facility Elin Energy, Europe's largest solar panel manufacturer, is set to establish a new advanced manufacturing facility in Waller County, west of Houston. The incentive deal was approved by the Waller County Commissioners' Court on September 27th, and the facility is expected to have an annual manufacturing capacity of 2,000 MW. Elin Energy, with its corporate headquarters in Turkey, is a leader in advanced energy solutions and aims to contribute to a greener and cleaner future powered by solar energy. The new facility, scheduled to be operational by Q1 2024, will initially create around 100 jobs with an estimated 450 jobs by the end of its seventh year of operation.●

BP Partners to Build Solar Farm BP Oil and Lightsource bp are partnering to build a solar farm in Gregory, with the aim of supporting local company Gulf Coast Growth Venture’s plastics plant. The Peacock Solar Farm will house around 800,000 solar panels and is expected to provide up to 40 percent of the electrical needs for the plastics plant. The project will create hundreds of new jobs and generate $25 million in tax revenue over the first 25 years. The farm will have a capacity of 187 million watts and is set to be completed next year. Additionally, there are discussions about constructing more solar farms in the Gregory and Aransas Pass area, which could further contribute to the region's economic development.●

LOUISIANA Mississippi River Saltwater Wedge Crisis Largely Averted A saltwater wedge in the Mississippi River that was moving upriver as a result of low rainfalls throughout the Mississippi River Valley and threatened freshwater supplies all along southeast Louisiana, is moving slower than expected towards New Orleans. The Army Corps of Engineers initially estimated that the saltwater could potentially pollute the city's water supply within three weeks, but now it is projected to reach New Orleans in late November. The leading edge of the saltwater has remained stagnant since September 24, and the slowdown is attributed to better-than-forecasted flows in September and an updated 28-day forecast showing more rainfall for October. Measures are being taken to ensure safe drinking water, including the construction of an artificial basin and plans to pump in fresh water to dilute the

8

Entergy Corp., a utility company, is selling its natural gas distribution business to Bernhard Capital Partners for $484 million.

The sale is part of Entergy's strategy shift to focus on supplying electricity and paying down debt. The deal, subject to regulatory approval, will result in a new gas provider for approximately 200,000 customers in Baton Rouge and New Orleans. Entergy assures customers that there will be no immediate changes in gas service or bills, and they will work to ensure a smooth transition. The move aligns with the trend of utilities selling fossil fuel assets to invest in renewable energy infrastructure. ●

New Orleans City Council Unanimously Approves Community Solar Changes New Orleans city officials have amended regulations to encourage the development of solar gardens, which are community solar energy projects aimed at assisting low-income residents. The changes include increasing the value of bill credits for solar power generation and raising the generation capacity of solar gardens to 5 megawatts. The program offers an alternative to buying solar panels by allowing residents to subscribe to community solar projects located throughout the city. As subscribers, they receive credits on their electric bill corresponding to the energy generated by these solar gardens. The Catholic order, Sisters of the Holy Family, plans to build a neighborhood solar garden to reduce energy costs for the poor in their community. The reforms are expected to make these investments less risky and promote the use of carbon-free energy. ●

Statewide Microgrid Project Funded The federal government is providing assistance to 375 communities in Louisiana to help establish microgrids to maintain power during storms. The initiative involves setting up solar panels and battery arrays that can generate electricity for a neighborhood when the main power grid is disrupted. These microgrids will allow communities to disconnect from the larger grid and have backup power, combining solar energy with battery storage. The federal and state governments are each contributing $249.3 million to fund this effort, which aims to improve the resilience and reliability of the electric grid in Louisiana.

The federal government's funding, part of the Infrastructure Investment and Jobs Act, will help Louisiana create microgrid hubs in critical facilities and vulnerable communities. Lower-income communities will be prioritized initially, and the Louisiana Department of Natural Resources will oversee the building and operation of the microgrid hubs. ●

Orphan Wells Rules Strengthened Louisiana has implemented a stronger rule to address the issue of orphaned oil and gas wells. The new regulation limits extensions of future utility status for

drillers and increases fees for inactive and unplugged wells. It also provides incentives for operators to plug multiple wells annually. These wells, which have been abandoned without a financially responsible owner, pose significant environmental risks and can be expensive to repair. Additionally, there are around 17,000 non-productive wells registered as having future utility, allowing operators to avoid plugging them. Unplugged wells can leak methane, contaminate water, and hinder economic land use. Louisiana has received over $100 million in federal funding to plug orphaned wells and aims to secure up to $70 million more through the new regulation. ●

MISSISSIPPI Gulf Coast Restoration Funds Approved Governor Tate Reeves of Mississippi has approved more than $44 million for 15 new projects under the RESTORE Act, aimed at enhancing the state's Gulf Coast.

These projects, recommended by the Governor's Gulf Coast Advisory Committee, include initiatives such as revitalizing the Hancock County Fairgrounds, improving the Gulfport-Biloxi International Airport, establishing a scenic trail along the Pascagoula River, creating an artificial reef, and implementing a coastal education program for high schools. The projects will be managed by the Mississippi Department of Environmental Quality, and they contribute to the overall restoration efforts, totaling more than $227 million, approved during Governor Reeves' administration. ●

Nation’s First Agricultural Autonomy Institute Established at MSU Mississippi State University (MSU) has officially opened the Agricultural Autonomy Institute, the first interdisciplinary research center in the United States dedicated to autonomous technologies in agriculture. The institute aims to enhance on-farm precision and efficiency by utilizing robotics, artificial intelligence, and remote sensing. It serves as a hub for researchers interested in autonomous systems that can increase agricultural productivity and reduce labor shortages.

The institute's focus is on economic development, attracting agricultural equipment companies, conducting research leading to technology-based startups, and developing a workforce skilled in robotics and coding.

With a 4,800-square-foot laboratory and a five-acre proving ground, the institute is jointly managed by MSU's Office of Research and Economic Development and the Division of Agriculture, Forestry, and Veterinary Medicine, with support from various colleges, research centers, and departments within the university. ●

ALABAMA Mitsubishi Power and PowerSouth Energy Coop Partner on Lowman Energy Site PowerSouth Energy Cooperative and Mitsubishi Power are celebrating the start of commercial operations at the new Lowman Energy Center (LEC) in Leroy. The state-of-the-art power plant, which began construction in 2020, replaces the retired Charles R. Lowman coal-fired power plant and utilizes cleaner and more efficient natural gas technology. With a capacity of 693

November/December 2023

megawatts (MW), the LEC is designed to meet the growing energy needs of PowerSouth's distribution members in Alabama and Northwest Florida. PowerSouth President and CEO Gary Smith emphasizes the importance of the LEC in meeting reliability and affordability challenges posed by the shift towards intermittent renewable generation. The LEC joins PowerSouth's portfolio of natural gas-based generating facilities, further enhancing their ability to provide reliable power to their members.●

Community College to Offer Electric Vehicle Tech Program Wallace State Community College in Alabama has introduced a new electric truck for its diesel technology program, becoming the first in the state to do so.

The college aims to provide proactive learning opportunities for students and purchased a Kenworth T680E Class 8 heavy-duty electric vehicle through a grant. The truck will allow students to gain hands-on experience with electric vehicles, preparing them for the increasing presence of electric technology in the trucking industry. Additionally, Wallace State received a donation to install two electric vehicle charging stations, further supporting its commitment to embracing the trend towards electric vehicles in the industry.●

EPA Launches Civil Rights Probe The Environmental Protection Agency (EPA) has initiated a civil rights investigation into the Alabama Department of Environmental Management regarding the state's handling of federal funds for water infrastructure. Advocates have filed a complaint alleging that Black residents in rural areas of Alabama have been hindered from accessing federal funds to update their wastewater systems, resulting in inadequate wastewater infrastructure and the spread of parasitic diseases. The complaint argues that the state's distribution of funds from the Clean Water State Revolving Fund has excluded rural homeowners and community groups, causing disparities in access to financial support for onsite septic tanks. The EPA's probe aims to address these issues statewide, potentially requiring regulators to accept individual household bids for funding and conduct outreach to communities unaware of available assistance.●

Coal Ash Disposal Ponds Regulation Under Scrutiny During an EPA meeting in Montgomery, the focus was on the proposed denial of the State of Alabama's plan to allow Alabama Power to continue storing coal ash in unlined ponds near waterways. The EPA has raised concerns about the lack of protection for people and waterways in the state's plan. At the meeting, most of the public expressed support for the EPA's proposed denial, while representatives from the energy industry and state environmental regulators argued in favor of capping the coal ash ponds in place.

The EPA's decision to deny Alabama's plan is significant as it marks the first-ever denial of a state plan regarding coal ash disposal. Coal ash, a waste product from burning coal, can pose serious health risks if not managed properly. The EPA has been working to address coal ash pollution and protect communities from contamination.●

Florida Specifier

A Look into the Future of Structural Engineering

Moving Forward Means Reviewing the Needs of Higher Education, Capitalizing on New Technology, and Utilizing Innovative Materials

By LEO CANNYN, PMP, PE, ENV SP

S

tructural engineers are problem solvers.

Routinely faced with new and challenging situations, they think out of the box and find creative solutions. Additionally, they work in high-pressure situations and are the ones who make sure structures are safe, even in the face of extreme conditions.

However, structural engineers are looking at new challenges. This includes how to successfully grow the profession, so the next generation of engineers thrive for the duration of their careers and for those that follow.

To move forward, the industry must be prepared to navigate these modern-day changes, including technological advancements, increased complexity in building codes and standards, demand for education, and the environmental impact on building structures.

These, and many other transformations in the industry, are already challenging how day-to-day business is conducted. Change is good; however, change cannot always be controlled, but as a profession, it is important to respond, persevere through the obstacles, and look at them as opportunities for growth.

Advancements to Meet the Demands of the Engineering Profession

A Single Source of Truth for Rapid Decision-Making Combining Model-Based Deliverables (MBD) and AI creates exciting new opportunities for structural engineers. MBD is a concept that uses digital models to communicate design intent and information throughout the project. It can be used as a single source to communicate with all stakeholders, improving communication.

Combined with AI, tasks can be automated which significantly improves efficiency.

Innovative New Materials New materials allow structural engineers to incorporate innovation, sustainability, and improved performance into their designs. These materials include synthetics, fibers, composites, polymers, and natural materials. When using the latest advancements in materials science and construction technology, structural engineers can ensure they utilize the most effective and efficient materials for their projects.

A Focus on Sustainability Sustainable or green materials have become more affordable and, therefore, can be accessed more readily. Top environmentally-friendly building materials include bamboo, recycled steel, and sheep’s wool. Additionally, bendable concrete, also known as Engineered Cementitious Composite is stronger and more effective at absorbing shock. Mass timber, created by mechanically bonding various types of softwood, has also gained popularity due to its lower carbon footprint, significantly reducing emissions.

Safety Considerations Safety is the control of recognized hazards to achieve an acceptable level of risk. Reducing uncertainties associated with a building is always a significant challenge. This focus saves lives, but it’s insufficient to make communities resilient to earthquakes, tornadoes, and hurricanes. Structural engineers must focus on design elements beyond the primary structural system. For example, enhanced drainage systems to manage heavy rainfall during hurricanes or building designs that preserve and protect coastal wetlands and dunes to absorb storm surges.

Tools to Collaborate and Streamline Processes Structural engineering is seeing significant changes in the fields of information technology, computational methods, and visualization. One key enabler of this digital transformation is Building Information Modeling (BIM). Utilized as a collaborative and integrated process, BIM streamlines and improves each phase of construction and management. Additionally, BIM can create models of natural and existing environments to capture real-world data and provide context for how the structure will exist in its natural surroundings. These advancements and other digital tools have transformed the industry, improving productivity and project outcomes.

Investment in Employees New management systems that assist with performance metrics can store customer information on different services and projects provided. However, structural

engineers must adapt and learn how to utilize the technology to be useful. These systems can improve efficiency throughout the company, but creating time for training and encouraging employees to input necessary data can lead to additional work and resistance to change.

Higher Education and Curriculum Enrichment Syncing today’s students who learn current and innovative skills with a work environment that welcomes change and advancements can be challenging. Equally, educators might not be up-to-date on engineering advancements to support the opportunities in the field. To sync the two paths and provide a more productive curriculum, universities need to ensure structural engineers actively participate in their curriculums, whether through seminars or helping in the hiring process. This collaboration helps both the student and the engineering firm by ensuring professors have current credentials with today’s structural practices.

We truly live in a digital world where the pace of change is increasing, and the need to adapt and embrace this change can be daunting. Advancements will help shape the future of structural engineering, making it a more innovative and sustainable field.

As the world becomes more challenging and complex, structural engineers will play an increasingly important role in the designing and building of safe, resilient, and sustainable structures, and we need to be ready. ● Leo Cannyn is Principal Project manager, at Beryl Engineering & Inspection

Build a secure workplace with safety solutions tailored to your business’s needs.

EXPERT CONSULTING | CUSTOMIZED TRAINING | EQUIPMENT & PPE PRODUCTS www.SolutionsInSafety.com • 866-537-2262 • Dedicated to Serving Florida Since 2009 Florida Specifier

November/December 2023

9

FROM FL NOTES ON PAGE 7

the end of 2025.

The target completion date for the study will align in time to be incorporated into the publication of the 2026 Water Resources Development Act, a bill that Congress authorizes every two years for new water infrastructure projects and improvements to water programs across the country. Visit the USACE C&SF Flood Resiliency Study Webpage. ●

supports:

South Florida Region designated as National Tech Hub for Resilience The U.S. Department of Commerce’s Economic Development Administration announced that the South Florida Climate Resilience Tech Hub, led by Miami-Dade County, has been designated as one of 31 Tech Hubs in the country. Miami-Dade was selected from a competitive pool of nearly 200 applicants across the United States and its territories.

The designation will facilitate South Florida’s advances in climate action and resiliency, and the designation unlocks access to millions of dollars in potential funding. The Tech Hubs Program is a federal economic development initiative designed to drive regional technology and innovation-led growth by strengthening the capacity to manufacture, commercialize, and deploy key climate technologies.

The South Florida Climate Resilience Tech Hub intends to meet climate urgency by developing, commercializing, and scaling Sustainable Resilient Infrastructure technologies focused on climate adaptation and mitigation. Areas of consideration include coastal resilience and marine infrastructure; clean cement; energy-efficient building operations; and clean energy generation, transmission, and storage. ●

Hillsborough County is urging residents to know their watering days to save money and help save the region's water supply.

The county has identified a deficit of more than 8.3 inches in the region's rainfall this year and with no significant rainfall forecast in the immediate future, the county is asking residents to be part of the water shortage solution by reducing their consumption.

The county reports that as of September 2023, average annual water supply demands have increased by up to 6 million gallons per day, with up to 70 percent of the water going to irrigate lawns and landscapes. The county recommends from now until March that lawns be watered only once every 10-14 days. Grass needs less water during the cooler months.

Tampa Bay Water recently declared a Stage 1 water shortage under its Water Shortage Mitigation Plan. The plan works to prevent water supply shortages driven by prolonged, below-normal water conditions.

The precautionary alert is the result of the rainfall deficit exceeding 5 inches in a 12-month rolling average. ●

Students from Baldwin Middle School in Duval County were awarded a grant last year to create a water conservation garden.

St. Johns River Water Management District Blue School Grants impact 20 Florida Schools

Learn More

Photo by Walter Taylor Pinebarren goldenrod (Solidago fistulosa)

Fall is golden in Florida The Florida Wildflower Foundation is celebrating Goldenrods (Solidago spp.) as the flower for Fall this year. The Foundation names them the traditional harbinger of fall, noting Goldenrods unmistakable bright yellow inflorescences and presence in a wide variety of habitats including coastal dunes, brackish marshes, wet flatwoods, scrub and sandhills.

Goldenrods are butterfly attractors. The Foundation also notes these nectar plants attract other pollinators beneficial to insects. There are 22 goldenrod species found in Florida, all of which are considered native. Most of them exist in the Panhandle, but only three occur statewide.

Florida Wildflower Foundation notes Goldenrod makes a great addition to home landscapes, providing both stunning fall color and an abundance of wildlife value. Goldenrods are available from native plant nurseries, found locally at www.PlantRealFlorida.org or the public can purchase seed from the Florida Wildflower Cooperative. ●

10

Hillsborough County Urges Residents to Conserve Water Amid Rainfall Deficits

November/December 2023

The St. Johns River Water Management District (District) is providing $40,000 in grants to 20 schools within its 18-county region through the Blue School Grants program. The program provides up to $3,000 per teacher to support education on Florida’s freshwater and estuarine systems, focusing on students in kindergarten through 12th grades.

The program has funded nearly 100 projects and educated more than 12,000 students about Florida’s water resources and natural ecosystems in the eight years the program has been provided. The District’s Grants promote practical learning through STEM activities (science, technology, engineering, and mathematics) and foster engagement within the broader school community.

Highlights of this year’s projects include: •

Seabreeze High School will be working to designate and defend a priority watershed, providing the students with hands-on experience in the process. This includes utilizing the District’s data, such as the minimum flows and levels data, along with ArcGIS Online. The students will present their designation and management plan to the city of Daytona Beach and Volusia County.

•

University High School introduc-

CONTINUED ON PAGE 11

Florida Specifier

FROM FL NOTES ON PAGE 10

es the H2O Pipeline Classroom to Career, a vocational program aimed at training high school seniors to become Class C water or wastewater treatment operators. The focus for the 2023–2024 academic year will be on potable drinking water operations, providing students with invaluable practical skills and paid apprenticeships.

•

Wekiva High School’s “Wekiva Saltwater Aquaponics and Red Mangrove Restoration” project establishes the creation of a saltwater recirculating aquaculture system (RAS) to cultivate red mangroves. This initiative allows students to delve deeper into aquaponics, exploring how salt water can be harnessed to create a thriving mangrove ecosystem, ultimately teaching lessons on water conservation and sustainable farming. ●

Green Living Expo Coming to Sarasota in December The Green Living Expo —a two-day tradeshow introducing ideas and offering demonstrations about how to reduce impacts on the environment is scheduled for 10 a.m. to 5 p.m. Dec. 2 and 3 at the Sarasota Municipal Auditorium. Highlights include green solutions for energy conservation, waste reduction, water protection, local food, and nature conservation. Attendance is free with advance registration and $5 at the door.

For more than two decades, the Science and Environment Council, a not-forprofit consortium of the 40-leading science-based environmental nonprofit and government organizations in Sarasota and Manatee counties, has convened discussions, informed policy, and enhanced public awareness about science-based conservation and sustainable practices to protect and restore our natural environment.

An EcoSummit will follow the expo on Dec. 4 and will feature solutions-oriented lectures, panel discussions, storytelling, and music. National, regional, and local experts will share insights and future-forFROM BUDGET ON PAGE 1

goals for the first time in decades.”

For the upcoming fiscal year, the Department seeks $1.2 billion for Everglades and water resource protection, broken down over several project areas: • • • • •

$740.5 million for Everglades restoration $305 million for targeted water quality improvements $50 million for springs $80 million for alternative water supply $50.8 million for algal blooms and red tide

The Department is also seeking $206 million for resilience & coastal protection, $175 million for acquisition of state land, and $211 million for cleanup programs, such as dry cleaning and underground fuel tanks cleanup. In addition, Hamilton is asking for $156 million for resilience and $50 million for beach nourishment.

Hunter Jones, the Chief Financial Officer for the Florida Fish and Wildlife Conservation Commission, presented requests broken into the five themes of: Go Outdoors, Florida, the Florida Wildlife Corridor, Resilience, Public Safety and Resource Protection, and Operational Support.

Florida Specifier

ward innovations for recharging our environment and reducing our impacts – crucial to sustaining our coastal community’s environment-based quality of life.●

National Precast Concrete Association Elects New Chair and Board Members Jason Lambert of Rinker Materials in Winter Haven and Rick Terrill of USF Fabrication in Hialeah, were elected to the National Precast Concrete Association Board of Directors at its 58th Annual Convention in Oklahoma City. The positions are threeyear terms. Kansas City businessman Bill Bundschuh was elected Chair. Also elected were Kevin Champ of Camp Precast Concrete Products in Milton, Vermont, Asher Kazmann, Secretary/Treasurer, of Locke Solutions in Houston, Allen Lee of Lee’s Precast Concrete in Aberdeen, Mississippi, and Jim Tully of DECAST Limited in Utopia, Ontario. ●

The City of Jacksonville Launches Resilient Jacksonville Strategy Jacksonville Mayor Donna Deegan and Chief Resilience Officer Anne Coglianese recently launched Resilient Jacksonville, the City’s 50-year resilience strategy, during the opening session of the 2023 JEPB-UNF Environmental Symposium.

The City developed the roadmap using data and science to guide the planning process. Resilient Jacksonville is intended to meaningfully address risks in an objective, equitable, and efficient way.

The City states that the resilience actions proposed are tailored to the many geographies, communities, and ecosystems that make up Jacksonville.

The strategy organizes recommendations into two chapters. The first includes 45 resilience actions—implementable policies, projects, and programs. The second chapter builds on these actions by tailoring and prioritizing them for different conditions on the ground in Jacksonville neighborhoods.

Our environmental attorneys help navigate the complexities of Florida environmental laws.

Herschel T. Vinyard Jr. herschel.vinyard@arlaw.com Special Counsel Jacksonville P 904.493.3308 Tallahassee P 850.363.9644

Jeff Littlejohn jeff.littlejohn@arlaw.com Senior Policy Advisor Tallahassee P 850.363.9644

www.adamsandreese.com ALABAMA | COLORADO | FLORIDA | GEORGIA | LOUISIANA | MISSISSIPPI NORTH CAROLINA | SOUTH CAROLINA | TENNESSEE | TEXAS | WASHINGTON, DC Disclaimer: Jeff Littlejohn is not licensed to practice law.

The full strategy is available at resilientjacksonville.com.● The Commission’s budget requests vary from land management and land acquisition needs to resilience programs focused on habitat restoration, coral reef restoration, and artificial reef construction, boating and hunting safety and access programs, to enhanced patrol and retention efforts, derelict vessel removal, and law enforcement equipment.

Florida Department of Citrus Executive Director Shannon Shepp discussed the mission of the department, which is focused on marketing and research. The Department is seeking more than $32 million to fund those missions, including programs focused on citrus recovery and new varieties development.

Shepp highlighted the department’s work with the University of Florida on remedies to fight citrus greening, a disease that has wreaked havoc on Florida’s citrus industry.

But Shepp was optimistic about the future.

“For the first time in a very long time, our growers are talking about projects other than greening research projects,” she said.

“We’re talking about grove architecture, we’re talking about AI (artificial intelligence), we’re talking about more effective methods of harvesting. It’s a very exciting time to be part of the citrus industry.” ●

November/December 2023

11

PERSPECTIVES Florida’s Water Challenges Require an Integrated Approach

By ROBERT BELTRAN, PE, & TAMARA RICHARDSON

W

ater supply, water resources, and wastewater professionals often operate independently, each focused on their respective fields of expertise, and while their work sometimes overlaps, their specific disciplines are largely compartmentalized within the unique divisions of the water management industry.

Similarly, water resources in Florida have been regulated by multiple agencies based upon water management needs. Our water management districts oversee water supply, stormwater, and water resource management for water quantity, while the Florida Department of Environmental Protection (FDEP) has focused more on water quality and the treatment of water in the areas of water, wastewater, reclaimed water, and stormwater.

For some time, this approach has been effective, but as the population grows, there are continuing concerns about both water quantity and quality. For example, 60% of the state has been identified to be within a water use caution area (WUCA), regions where water resources are or will become critical within the next 20 years.

Florida citizens have taken notice, and elected officials are taking action. The governor and legislature aredirecting additional funding and enacting new regulations to address water quality and quantity. However, this is resulting in added pressure on local governments and utilities who own and operate water, wastewater, and stormwater facilities. New and updated rules are impacting municipalities’

traditional programs for operating and maintaining these facilities, including capital improvements and renewal/ replacement programs.

the needs of natural systems, new regulatory requirements, and ideas for addressing water quality and supply needs.

Florida is facing a challenging situa- Robert Beltran tion, one that requires a holistic approach focused on the entire interconnected water system—a One Water approach. This approach demands collaboration across disciplines and agencies and big-picture, future-focused thinking to meet both immediate and forecasted water demand while preserving the environment and ensuring clean water for Florida’s future.

At the municipal level, One Water requires integrated water management solutions with an interdisciplinary team-based method for arriving at innovative solutions. Polk County provides a good example of how this approach can work. With 554 lakes, the headwaters of six rivers, and five major impaired basins within its borders, along with booming development, water quantity and quality issues aretop of mind for Polk County leaders.

Thus, the County and several local municipalities are working collaboratively to implement an integrated water management approach. For instance, the Division of Parks and Natural Resources and Polk County Utilities meet monthly to discuss

From these discussions, Tamara Richardson they have developed programs that identify and prioritize projects that will provide the greatest environmental benefit in the most reasonable timeframe and budget. These projects include everything from natural treatment solutions to septic-to-sewer initiatives.

Another concept that is becoming more common is sharing and relocating resources. Historically, projectsof this nature have been expensive and complicated due to the multi-jurisdictional infrastructure required. Now, with the increasing pressure on our natural resources, the concept of taking resources from where they are available and where the environmental concerns are not as great and relocating them to areas ofneed is becoming more widely accepted.

An example of this type of regional project is the Southeast Wellfield and Treatment Plant effort, which also includes the associated distribution system. This multi-jurisdictional project takes Lower Floridan groundwater from the south end of Polk County and distributes it throughout the region to the areas where demand is

higher. The Polk Water Regional Cooperative, which consists of Polk County and 15 cities, has been successful in working toward a regional solution to their shared water supply issues.

While Polk County is making strides, these examples are illustrative of what is beginning to happen across the state as local governments and utilities realize the level of cooperation that is needed in all areas of water management, from potable water, wastewater, and reclaimed water to stormwater, surfacewater, and groundwater. And local governments are seeing cooperation from state government as well.

Upon his inauguration in 2019, Governor Ron DeSantis called for the highest level of funding for environmental restoration in Florida’s history, a proposed $3.5 billion, which is providing some means to meet water quality goals.

Of course, none of these efforts can be successful without the support of the public.

Projects of this nature require a proactive and informative public outreach program to educate residents on the state’s water resource challenges and the potential solutions aimed at preserving our natural resources while providing a sustainable water supply.

Join us over the next three months as we explore these and other examples of how municipalities are implementing a One Water approach and unpack the full range of factors that must be considered to successfully meet water quality and quantity goals. This One Water series will include three upcoming Florida Specifier podcasts hosted by Brett Cyphers and Ryan Matthews featuring thought leaders in the field of integrated water management. Together, these topics will provide a comprehensive understandingof the One Water approach and guidance for its implementation. ●

Smart Growth is Possible With Smart Policy

By SEAN M PARKS

A

s an Eagle Scout, I learned leadership means often making hard decisions, including placing others above self. Leadership within the political arena and within agencies should further encompass this principle with actions that honor the next generation, including a long-range thinking for the generations not yet born.

When I ponder the subject of Growth Management, President Theodore Roosevelt’s words come to mind saying in 1910, “Of all the questions which can come before this nation, short of the actual preservation of its existence in a great war, there is none which compares in importance with the great central task of leaving this land even a better land for our descendants than it is for us." Florida’s economy is the envy of much of the nation. Policies and laws don’t create jobs and wealth, but they can have a profound effect on the future of our economy.

Florida’s economy is resource based.

Everyone’s health and wealth are derived

12

from our natural resources, be it mineral, water, timber, wildlife, plants, soil, and air to name a few. I believe there are growth management policies that will make our economy even stronger.

through methods such as designated viable open space, fee simple acquisition, easements, and TDRs. These efforts will fuel a redevelopment and in-fill renaissance in Florida.

For example, I suggest Green Infrastructure policy and funding be placed on more equal footing as Road and Utility infrastructure. In recent years, the Governor and Legislature have done a wonderful job of dedicating funds to acquire lands that protect water resources, wildlife corridors and unique outdoor recreational lands. Let us take full advantage of these funds and encourage them to do more.

This leads me to the next suggestion. Some development patterns produce more in economic prosperity than others do. Hate tax increases? Many projects end up resulting in a net fiscal drain on a city or county to provide services. Qualified, unbiased planners and economists can evaluate the long-term cost to provide services and provide this information to City council members and county commissioners prior to making land use decisions.

There are ways to protect Florida’s unique lands in a manner that also honors property rights, such as Fee simple and Lessthan-fee land acquisition instruments, Land Trusts, and Transfer of Development Rights (TDRs). Agriculture is a core value of Florida. A voluntary TDR program implemented properly can assist in keeping our working lands in agricultural uses.

Public lands and trails are good for the economy as they increase property values through the proximity effect. Finding workers is hard right? Gen Z and Millennials especially want to live and work where natural lands, parks, and trails abound.

A practical conservation goal for Florida should be approximately 50 percent of lands protected from development

Let’s take a serious look at our current practice of Euclidian Zoning (or single-use zoning). It’s 2023, not 1926. There are newer models that encourage and incentivize more innovative development such as Performance and Form based zoning codes.

Euclidian Zoning has resulted in much of the same old development patterns of suburban sprawl. We should also look at making Wildlife Corridor Compatible Communities an emphasis in zoning.

Changing zoning can also help alleviate affordable housing issues. Accessory Dwelling Units and higher densities when appropriately utilized can result in more inventory.

Joint Planning Agreements (JPAs) between

November/December 2023

cities and counties should be ubiquitous.

JPAs promote communication between cities and counties to better coordinate growth and ensure infrastructure is in place to serve the people. Many Florida residents are amazed this simple tool is not being properly utilized throughout much of the State. In some places, egos of elected officials and managers stand in the way of JPAs. Currently, many cities and counties provide planning, zoning and permitting services that hinder economic growth and stymie innovation due to excessive permitting time frames and unpredictability.

This is a real problem but understandable based on the limited supply of qualified employees and high turnover. I am not advocating for expansive government, but it’s time to consider pay, incentives, and ways to empower workers to passionately serve the cause of good governance in their community.

Finally, let’s throw-out the term “Growth Management.” I’m in the business and to me, the term harkens a picture of bureaucracy and people simply pushing papers.

It doesn’t depict the honorable art and science of ensuring one of Florida’s most important tasks… working together to leave the land even better for Florida’s next generation. ● Sean Parks is a small business owner and Commissioner in Lake County.

Florida Specifier

PERSPECTIVES

The Key to Scaling up Florida's Ecosystem Restoration: Public-Private Partnerships

By MARY SZAFRANIEC, PHD, PWS, & ANSLEY TILLEY, PE,

A

s Florida continues to invest in restoring the state’s natural resources, funding gaps persist. A 2023 Florida Economics and Demographic Research (EDR) report estimates $136 billion will be needed to address water resource protection and infrastructure over the next 20 years. A significant portion of that has no identified funding source.

Water management is at the heart of the discussion: Florida is grappling with frequent incidents of “sunny day flooding,” threats of water supply shortages, waterbodies with impaired water quality conditions, and sea level rise and saltwater intrusion impacts on water supplies.

One bright spot for closing the funding gap is the pairing of ecosystem restoration and “nature-based” solutions (NbS), with the alternative procurement tool of Public-Private Partnerships (P3). Many of Florida’s water resource issues can be addressed, at scale and with performance guarantees, by employing the expertise of the private sector to restore nature’s processes to improve resilience for our communities. Stream and floodplain restoration, natural or constructed treatment wetlands, coastline stabilization, and green infrastructure projects are typical NbS projects that help solve water resource challenges and can be efficiently implemented through alternative procurement methods.

Scaling Up with Alternative Project Delivery Engineers and scientists, alongside federal and state agencies, are making valiant efforts to protect, restore, manage, and sustain ecosystems. However, these efforts have largely been carried out at relatively small scales, sometimes taking decades to deliver under traditional procurement practices and design-bid-build project

delivery.

Meanwhile, two major factors are setting the stage for more meaningful, largescale projects.

The first is Florida’s emphasis on ensuring comMary Szafraniec munity resilience and protection from sea level rise. The second is anupdate to the state’s stormwater rules to further protect water quality and quantity under the Clean Waterways Act and focus on meeting Total Maximum Daily Loads (TMDs) and Minimum Flows and Levels(MFLs).

Alternative project delivery has evolved in other parts of the nation to successfully support large, impactful ecosystem restoration, often through unique operating models. One example is the turnkey project approach, which begins with data-driven land siting and acquisition and then dovetails into design, permitting, construction, monitoring, and maintenance, ultimately guaranteeing project performance. This approach provides price certainty, expedites the implementation of landscape-scale restoration to achieve ecosystem improvements, and allows private partners to assume the risk of ensuring project success.

Alternative project delivery has started moving the needle on improving water quality, aquifer recharge, flood resilience, and biodiversity in regions of the nation that have embraced this unique and effective project delivery method. Governments benefit from custom solutions with streamlined design and construction, reduced risks, and opportunities for innovation in implementation and funding.

Private sector providers with specialized business models can assume the responsibility to deliver desired project outcomes, including ecological uplift,

Ansley Tilley

hydrologic improvements, and adaptive management, all rooted in science-based design, along with long-term stewardship to ensure lasting project success.

The Public-Private Partnership (P3) Process – How it Works Florida is fortunate to be one of the states where the legislature provided authority and guidance in implementing alternative project delivery. In 2013, the Florida legislature recognized that public resources were inadequate to meet growing capital and operational needs for infrastructure and restoration at scale, and developed 255.065, F.S., which invoked authorities for P3s to meet public needs “by improving the schedule for [project] delivery, lowering the cost, and providing other benefits to the public.”

The private sector, as a partner, can provide local and state governments with additional capacity, specialized expertise, and innovative approaches that can lead to advanced outcomes for natural systems restoration and protection. In addition, private sector partners can provide price certainty and variable payment structures necessary to meet ever-expanding requirements and begin “filling the funding gap” identified by EDR. Section 255.065, F.S provides public entities with a streamlined, efficient process for implementing P3s while protecting the public interest and ensuring competitive procurement. The statute requires that projects serve a public purpose and lays out the process for ensuring competitive procurement of innovative solutions that may be submitted to a public entity as an unsolicited proposal from the private

sector. Upon receipt of the proposal, the public entity may then review, evaluate, and rank the proposal against other proposals that may be received by the public entity for a similar project, after issuing a public notice for a specified period. Following the notice period, the public entity may elect to negotiate a contract with the highest-ranked private entity submitting a qualified proposal.

One of the major draws of the P3-driven alternative project delivery approach is price certainty and the ability to transfer performance risk and liability from the public entity to the private sector project provider. This type of risk and liability transfer is often supported by financial assurances (i.e., financial/performance bonds) to further guarantee project performance, operations, and long-term maintenance through the contract period.

In some instances, across the country, the performance guarantees, price, and liability transfer can last more than 40 years. A recent example of a P3-driven turnkey ecosystem restoration project is Polk County’s Wilson Ranch Reserve.

This project improves floodplain performance, reconnecting the Peace River to its early floodplain system through stream restoration, which further improves local hydrologic conditions, water quality, and habitat conditions.

Similar projects forthcoming across the state will demonstrate that P3s are a critical tool for solving Florida’s water challenges. By storing, treating, and recharging more water at scale, these projects inject resiliency and sustainability at every step of the way to help protect and restore Florida’s ecosystems. ● Mary Szafraniec is Director of Water Quality Initiatives and Ansley Tilley is Director of Alternative Delivery Solutions at Resource Environmental Solutions (RES).

Investing in Septic Tanks Now Will Help Florida’s Waters and Help Florida Taxpayers

By MARK BUSCH

W

ater issues have bedeviled Florida for decades – harmful algal blooms, not enough water at the right time, too much at the wrong time and the persistent challenges for Lake Okeechobee and the Everglades.

Lake Okeechobee’s water quality issues originate in the basin north of Lake Okeechobee and not south of it where a huge segment of Florida’s agriculture footprint exists, including where nearly all of Florida’s sugarcane farms are located.

According to water management district data, an average of 95 percent of the water and nutrients enter the lake from the north each year, with the remaining 5

Florida Specifier

percent coming from the south – and only when there are urban flooding issues in the rural cities of Clewiston, South Bay, Belle Glade and Pahokee. Considering water flow, to suggest that areas south of Lake Okeechobee are the main reasons why there are water quality issues in Lake Okeechobee is false and inconsistent with widely available, indisputable facts.

Central Florida has an opportunity right now to support initiatives that will invest in the expansion of sewers and additional water infrastructure, while taking septic tanks out of service. Our part of the state will benefit from these efforts to jumpstart a smart investment that will improve our quality of life and environment. The time is now to address the septic tank issue.

Florida TaxWatch recently published a report called, “Septic-to-Sewer: Protecting Florida’s Ground and Surface Water,” which discusses the benefits to Florida and the importance of taking septic tanks out of service. According to the report, “Septic

tank failure not only causes the leaching of contaminants into groundwater but can also create hazardous septage pools. Septic tank failures occur due to aging, hydraulic overloads, faulty designs or installation, or a lack of maintenance.”

One the report’s main recommendations is to ask the Florida Legislature to require the Florida Department of Environmental Protection to create and enforce a comprehensive plan to develop water and wastewater infrastructure statewide, including the development of central sewer lines and wastewater treatment facilities, and the removal or enhancement of septic tanks.

I agree with Florida TaxWatch and their calling of the Governor and Legislature to develop a five-year funding plan for water-infrastructure projects, including septic-to-sewer conversions, which is like the five-year Department of Transportation Work Program, as highlighted in the report.

Securing investment now in these projects

November/December 2023

will not only continue to support a healthy environment for Florida but will help ensure that more taxpayers dollars aren’t spent later to fix the problem when it is more complex and more expensive.

Water quality is important to Central Florida’s economy and quality of life, but the seven million people in South Florida will also enjoy the same benefits. Getting rid of as many septic tanks as we can now will help all of us who call the Sunshine State home. ● Mark Busch is a Commissioner for the City of Casselberry.

13

Fort Lauderdale Receives $120M EPA Water Infrastructure Loan STAFF & WIRE REPORTS

T

he U.S. Environmental Protection Agency (EPA) in late October announced a $120 million Water Infrastructure Finance and Innovation Act (WIFIA) loan to the City of Fort Lauderdale. This funding is designed to improve stormwater management and bolster climate resilience in the city’s most flood-prone neighborhoods. Since its creation, EPA’s WIFIA program has announced $19 billion in financing to support 114 projects that are strengthening drinking water, wastewater, and stormwater infrastructure and creating tens of thousands of jobs.

“With this investment, Fort Lauderdale will strengthen its climate resilience, develop innovative green infrastructure projects and upgrade traditional stormwater systems to reduce flood risk for local residents and businesses,” said EPA Assistant Administrator for Water Radhika Fox. “Thanks to the Biden-Harris Administration’s historic $50 billion investment in America through the Bipartisan Infrastructure Law and the availability of innovative financing options like WIFIA, EPA continues to provide funding so communities across the country can address urgent water infrastructure concerns.”

The City of Fort Lauderdale’s Neighborhood Stormwater Improvements Project will enhance climate resilience, upgrade stormwater infrastructure, and reduce water pollution. The City of Fort Lauderdale is at elevated risk of climate impacts, including sea-level rise, elevated groundwater, and more frequent and severe rain events. This WIFIA loan supports implementation of green and gray infrastructure to help manage stormwater in impacted neighborhoods, including many with environmental justice concerns. Additionally, the city will improve water quality in intercoastal waterways by replacing aging, corroding pipelines that leach heavy metals and contaminants.

“We are tremendously grateful to the EPA for granting our city this generous loan as we recover from April’s historic flooding and prepare for a resilient future,” said Fort Lauderdale Mayor Dean Trantalis.

“Neighborhoods that are hardest hit by storms including River Oaks, Dorsey-Riverbend, Durrs, Progresso Village, Victoria Park, Melrose Manors, and Southeast Isles will greatly benefit from the stormwater improvements these funds will finance.”

“Fort Lauderdale continues its historic commitment to investing in climate resiliency and stormwater mitigation,” said District 1 Commissioner John Herbst.

“This funding from our federal partners will assist us in doing more to improve our infrastructure for the benefit of our residents and visitors.”

and River Oaks, and it was heartbreaking to see the devastation,” said District 4 Commissioner Warren Sturman. “Being able to share this wonderful news with my district means so much to me as we continue to recover together.”

The City of Fort Lauderdale will save approximately $26 million by financing with a WIFIA loan. Investing in local water infrastructure will create approximately 200 jobs.

Learn more about EPA’s WIFIA Program and water infrastructure investments under the Bipartisan Infrastructure Law. Background Established by the Water Infrastructure Finance and Innovation Act of 2014, the WIFIA program is a federal loan program administered by EPA. The WIFIA program’s aim is to accelerate investment in the nation’s water infrastructure by providing long-term, low-cost supplemental credit assistance for regionally and nationally significant projects. The WIFIA program has an active pipeline of pending

applications for projects that will result in billions of dollars in water infrastructure investment and thousands of jobs.

EPA recently made the 7th round of WIFIA financing available and is currently accepting letters of interest for WIFIA and SWIFIA loans. There is $6.5 billion available through WIFIA, and $1 billion is available through SWIFIA, which is a loan program exclusively for State infrastructure financing authority borrowers. EPA is currently accepting letters of interest for WIFIA and SWIFIA loans. Learn more

about submitting a letter of interest for a WIFIA loan.

In addition to WIFIA loans, there are many federal funding resources available for communities and utilities to improve vital water and wastewater resources.

President Biden’s Bipartisan Infrastructure Law is a once-in-a-generation investment in our nation’s infrastructure and competitiveness. The Bipartisan Infrastructure Law provides a historic $50 billion investment in upgrading critical water, wastewater, and stormwater infrastructure. ●

FLORIDA'S ENVIRONMENTAL NEWS SOURCE

GET DIGITAL ACCESS

“A large portion of my district is waterfront with some locations just a short walk from the ocean,” said District 2 Commissioner Steven Glassman. “As sea level rises, we are grateful for the support from our federal partners in fortifying our beautiful City and will continue to work with the EPA to keep our neighbors safe and resilient.”

“No community is left behind, including my district; 15 communities which were hit hard during April’s historic floods,” said Vice Mayor Pam Beasley-Pittman. “I am grateful as this much-needed support will help us build a stronger and more resilient community for future generations.”

“I was out there with my constituents who were some of the hardest hit during April’s historic floods, most notably in Edgewood

14

November/December 2023

Florida Specifier

EPA Issues Clean Water Act Permits Requiring Climate Change Adaptation

By DREW SILTON & LIA CRUTCHFIELD

A

s September ended, the U.S. Environmental Protection Agency (EPA)’s Region 1 office took a series of actions signaling the agency’s intention to impose climate change adaptation requirements in National Pollutant Discharge Elimination System (NPDES) permits. In three permits issued to Massachusetts municipalities, the agency imposed obligations to develop adaptation plans aimed to mitigate risks to wastewater treatment plants and sewers resulting from larger storm events and more severe flooding. Region 1 also issued a guidance document to assist permittees with developing the adaptation plans required by NPDES permits. These adaptation planning requirements will likely appear in more EPA-issued permits and, ultimately, permits in authorized states issued to publicly owned treatment works (POTWs).

What do the new permits require?

The permits, issued to the Town of Palmer, City of Westfield, and City of Northampton, require the development of adaptation plans for their (and their co-permittees’) respective treatment plants and sewer systems in three components: Component 1: The permittees have two years from the permits’ effective dates to identify critical assets and operations most vulnerable to major storm events under “baseline” and “future” conditions. EPA defines baseline conditions as the 100-year flood based on historical records. For evaluating vulnerability under future conditions, EPA gives permittees the option to use either (a) projections of flooding using climate projections 10-25 and 25-70 years into the future or (b) using the higher of either the 100-year flood with additional freeboard or the 500-year flood.

Component 2: Within three years of the permits’ effective dates, the permittees must assess and select adaptive measures—which can include building new infrastructure—for “the critical assets and related operations

Drew Silton

Lia Crutchfield

at the highest risk of not functioning properly under [future] conditions.”

EPA is requiring the municipalities to “select the most effective adaptation measures that will ensure proper operation of the highest risk critical assets and the system as a whole.”

Component 3: Within four years of the permits becoming effective, the permittees must propose an implementation and maintenance schedule for their selected adaptive

measures.

The permits allow the municipalities to rely on prior adaptation assessments they have prepared within the past five years to meet their obligations. EPA is also requiring the municipalities to submit annual progress reports on adaptation plan development and implementation.

What does the guidance document cover?

The guidance recommends that the municipalities use the Climate Resilience Evaluation and Awareness Tool (CREAT) for evaluating risk and adaptive measures when they prepare adaptation plans required by NPDES permits. CREAT is an EPA-developed online tool that the agency created as part of its Creating Resilient Waters Utilities initiative. The guidance then provides step-by-step recommendations for how municipalities can use the CREAT tool.

Will these requirements show up in more NPDES permits?

Absolutely. In addition to the Westfield, Palmer, and Northampton permits, Region 1 has solicited comments on municipal NPDES permits containing climate adaptation requirements. The new guidance

New Series on Florida's Environmental Challenges document also refers broadly to “risk and adaptive measures assessments required as Streaming part of the Adaption Plan in EPA Region 1 NPDES permits,” suggesting that these permitting actions are part of a broader Region 1 initiative for permits issued in Massachusetts and New Hampshire.

Municipalities can also expect that states authorized to issue NPDES may try to follow EPA’s lead and impose adaptation requirements in their permits.

Can EPA impose adaptation requirements in NPDES permits?

These requirements may exceed EPA’s authority under the Clean Water Act. Federal courts have consistently recognized that the Act empowers EPA (and authorized states) to regulate only discharges, not facilities themselves. Although EPA has attempted to link the adaptation planning requirements to ensuring that discharges comply with the Act, these permit requirements sweep so broadly that they may exceed EPA’s authority. These adaptation planning obligations, which ask permittees to consider risks decades out, are also in tension with the Act’s limitation of NPDES permits to five-year terms.

What’s next?

These adaptation planning requirements can potentially interfere with regional adaptation planning efforts and municipal clean water agencies’ planning and budgeting processes. Municipalities will need to engage with EPA and their state regulators on adaptation issues and submit strong, well-considered comments during their next permit renewal cycles. ● Drew Silton and Lia Crutchfield are attorneys with Beveridge & Diamond.

NOAA Denies Petition for Rice’s Whale Protection

By PATRICK GILLESPIE

T

he National Oceanographic and Atmospheric Administration on Oct. 27 announced it denied a petition to establish mandatory speed limits in the Gulf of Mexico that could have affected shipping lanes to Florida’s sea ports.

In a news release announcing the decision, NOAA concluded that, “that fundamental conservation tasks, including finalizing the critical habitat designation, drafting a species recovery plan, and conducting a quantitative vessel risk assessment, are all needed before we consider vessel regulations.”

The organization received roughly 75,500 comments between April 7 and July 6.

This was after in May 11, 2021, when the U.S. Department of Commerce and NMFS received a petition pursuant to the Administrative Procedure Act from the Natural Resources Defense Council, Healthy Gulf, Center for Biological Diversity, Defenders

Florida Specifier

of Wildlife, Earthjustice, and New England Aquarium requesting that NMFS utilize its authorities under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) to establish a “Vessel Slowdown Zone” to protect Rice’s whales from collisions with vessels and noise pollution.

According to NOAA, Rice’s whales are members of the baleen whale family and likely fewer than 100 individuals remain, making it one of the most endangered whales in the world. The Rice’s whale has been consistently located in the northeastern Gulf of Mexico, along the continental shelf break between100 and about 400 meters depth. They are the only resident baleen whale in the Gulf of Mexico.

NOAA denied the petition because it is planning other conservation actions for the whales, such as finalizing critical habitat, conducting additional vessel risk assessments, and developing a recovery plan for the species. NOAA stated it agrees that education and outreach to fishermen, vessel operators, and other stakeholders should be prioritized. It’s unclear how those conservation actions will be applied, once finalized.

The Petitioners sought several protective measures, such as a year-round, 10-knot vessel speed restriction in certain waters between Pensacola and Tampa, no vessel transit at night, and certain travel reporting requirements. ●

November/December 2023

STAFF & WIRE REPORTS

A

new six-part documentary that takes a look at conservation efforts in Florida and what different groups are doing to protect Florida lands is streaming now.

“Protect Our Paradise: Presented by Conservation Florida,” explores Florida’s wild, wonderful places and examines environmental issues that threaten their very existence, according to the Conservation Florida website. The series has been available for streaming worldwide starting October 18th on the Discover Florida Channel.

"I’ve been exploring Florida’s beauty my whole life, so seeing the environmental challenges we face was difficult,” said Chad Crawford, “Protect Our Paradise” host and founder of Crawford Entertainment. “The land that we love is being threatened like never before — and let’s face it, we’re all part of the problem.”

According to Conservation Florida, a non-profit group that works on land conservation, more than 100,000 acres are lost to development in Florida each year — critical lands that countless endangered species including the elusive Florida panther rely on.

This six-episode series serves as a call-toaction, inspiring viewers to join Conservation Florida and its countless conservation partners in protecting the Sunshine State.

Episodes feature the work of organizations and conservationists like MANG Apparel, Carlton Ward Jr., Clay Henderson, and many more, all working toward a common goal: keeping wild Florida wild.

“Florida is my home,” said Conservation Florida CEO Traci Deen. “It’s also home to nearly 22 million other people, and that number is growing by the minute. What we save and what we pave will determine the future of the Florida we know and love.”

The docuseries promises to serve as an educational and inspirational tool for individuals and communities interested in conservation, sustainability, and the protection of our planet's natural beauty. Visit conservationfla.org to get involved.

To watch "Protect Our Paradise: Presented by Conservation Florida," download the Discover Florida Channel app or visit discoverfloridachannel.com.

Conservation Florida assists with facilitating, purchasing, or accepting donations of land and conservation easements, serving as a trusted community partner to support statewide land conservation, and through effective advocacy, education, and outreach programming. ●

15

Community Dotted

by Connections to Florida’s Water System Mill Creek Sink: Protecting Florida’s Water System in Unexpected Places STAFF & WIRE REPORTS

I

f one were to wander to a wetland near Mill Creek Sink, a sinkhole in Alachua County, one might spot a variety of wildlife and native plants, including white egrets and blue heron wading for food, or a gray tufted titmouse perched atop some pickleweed. Duck potato, bullrush and alligator flag are among some of the other native plants.

“We get a lot of wildlife out here,” said Ted Williams, public services project manager with the City of Alachua. “We've seen ducks, native birds, butterflies and dragonflies, and there are deer that come out. When we were doing the build, we saw animal tracks all over the place, so I think they would lay back during the day and come out here in the evenings.”

This wetland is not down a trail off the beaten path. The “build” Williams refers to is a manmade wetland, part of a stormwater treatment system tucked behind local commercial businesses and filtering runoff from parking lots, I-75 and SR 441. The Mill Creek Sink Water Quality Improvement Project is ultimately helping to preserve and protect local drinking water.

The project involved a voluntary public agency effort among Alachua City officials, Alachua County officials, environmental engineers the Suwannee River Water Management District (SRWMD)., beginning seven years ago.

In 2016, the City of Alachua applied for and received a $400,000 RIVER (Regional Initiative Valuing Environmental Resources) grant from SRWMD to provide a stormwater treatment pond to protect the Mill Creek Swallet, Sink and Cave System. The following year, the Florida Department of Environmental Protection (FDEP) awarded an additional $1 million from the Springs and Watershed Restoration Program to provide modeling, land acquisition, and augment the design and stormwater management improvements.

Plan (BMAP) with the goal of reducing nitrogen by 66 percent. Nitrogen levels for Mill Creek Sink recorded from 2009 to 2017 ranged from 0.0048 to 7.8 mg/L, with a median value of 1.054 mg/L, which is high.

“This area has a lot of stormwater runoff and it goes directly into the Mill Creek Sink,” said Charlene Stroehlen, principal engineer with WSP, a project partner. “The businesses here are older and were built prior to Environmental Resource Permitting rules and regulations. So the stormwater runoff was being discharged directly to Mill Creek Swallet without any water quality treatment.”

Now, plants and grasses help to naturally remove pollutants. The wetland is a collection barrier, giving nature time to slowly filter the groundwater -- which travels across impervious surfaces, such as roads and parking lots -- by instead letting it percolate through loose, sandy soils and porous limestone bedrock.

Because the area is very karst, or porous, project partners wanted to ensure they were constructing the wetland in the best possible locations to survive. Two tiers constructed at a higher level collect the stormwater runoff, then the water flows into the third tier: the wetland treatment system on a lower elevation, so wetland plants survive. It then goes into another natural wetland and filters through the rest of the forest. The plants in the wetlands reduce nitrogen loading, suspended solids, and other pollutants before the water reaches the aquifer.

“Mill Creek Swallet serves as a source of recharge to the Upper Floridan aquifer and is connected into the Mill Creek Sink

and Cave System,” said Eiman Abbas, water engineer with the City of Alachua, noting that the Mill Creek watershed covers 23 square miles.

The Floridan aquifer is an 82,000-squaremile reservoir holding billions of gallons of the state’s fresh drinking water. Groundwater in the Floridan aquifer is the source of more than 1,000 springs in North and Central Florida and provides water for more than 90 percent of its residents. A dye tracing study conducted in the cave system in 2005 made clear the importance of cleaning up the water entering the sink.

“Water from Mill Creek Sink and Swallet can reach Hornsby Spring 6.09 miles away in about 12 days,” said Kris Eskelin, senior project manager for SRWMD. “It was important to reduce nutrient loading, sed-

imentation and other pollutants to benefit the Santa Fe River and Floridan aquifer and increase habitats for wildlife.”

The SRWMD considers the project not only effective in its purpose but educational, helping others understand the connection between stormwater and the source of potable water.

“Future plans may include public access,” said Eskelin. “This is a positive step in addressing the reduction of nutrients and the Santa Fe Basin Management Action Plan and the Hornsby-Treehouse Springshed Priority Focus Area and has the potential to inspire others looking to replicate this in their communities.”

For more information on this and other projects, visit MySuwanneeRiver.com. ●

In 2021, an additional $645,478 was added to the agreement to complete the construction. Approximately 12 acres were acquired to create storage basins and a wetland for the final polishing of stormwater that exists today.

“Driving by this growing, urbanized interchange, you wouldn’t know that, just off the roadway, is a beautiful sink that has many connections to our groundwater and ultimately our springs,” said SRWMD Executive Director Hugh Thomas.

“Ensuring that stormwater is treated and filtered before going back into the aquifer is vital, and this unique water treatment system provides a natural process that helps improve the health of the sink and our water supply.”

The project helps reduce nitrogen in the Santa Fe River Basin (currently considered “impaired” for nitrate-nitrogen) and, ultimately, the Floridan aquifer. In June 2018, FDEP included the “Mill Creek Sink Water Quality Improvement Project” in the Santa Fe River Basin Management Action

16

November/December 2023

Florida Specifier

U.S. Army Corps Responds to Everglades Flooding

By BLANCHE HARDY

M

iccosukee Tribal leaders in South Florida have banded together with federal and state environmental leaders to address flooding they say is killing wildlife and degrading critical habitat in Water Conservation Area 3A (WCA) of the Central Florida Everglades.

On Oct. 31 the Corps issued a response to a South Florida Water Management District (District) request to open flood control structures to alleviate flooding.

The Corps response came in the form of a Draft Environmental Assessment (ESA) and Proposed Finding of No Significant Impact (FONSI) for a 2023 to 2024 planned temporary deviation to lower water levels in WCA 3A. The Corps draft ESA/FONSI temporary deviation is being pursued to address the current water level concerns in WCA-3A and includes consideration of potential El Niño conditions in early 2024.

This issue is not new, but discussions reemerged this fall, as Tribal advocates began applying public pressure in recent months. At a District Governing Board meeting in mid-October, several members of the public made public comments about the issue and encouraged the District to pressure the Corps.

Flooding in the WCAs and the resulting loss of tree island hammocks has been a critical issue for decades. Leaders of the United South and Eastern Tribes, Inc., which represents the Miccosukee Tribe of Indians of Florida (Miccosukee), originally signed a resolution seeking relief from the South Florida Water Management District (District), U.S. Fish and Wildlife Service

(FWS) and the Army Corps of Engineers (Corps) to relieve flooding in the WCA in October 2003.

remain open.

The resolution states the District and Corps pumped water into the WCA as a result of excessive tropical rainfall, a condition that persists. The resolution states, “the tree island hammocks are flooded, the entire area is closed to all public access including the Federal Reservation, and the hunting season for white tailed deer is closed.” later adding, “This is the fourth time since 1994 that this type of flooding has occurred causing the Miccosukee Tribe to feed the white tailed deer on the levees in an attempt to prevent their total disappearance from the Everglades when flooding in 1994-1995 destroyed 85% or more of the white-tailed herd.”

WCA 3 is predominantly signature Everglades sawgrass marsh interspersed with tree island hammocks. It encompasses state lands under the District’s jurisdiction and the Miccosukee federal reservaMap courtesy Blanche Hardy tion and state leased tribal lands under the Tribe’s jurisdiction. The Corps controls the drainage structures that would need to be opened and FWS oversees threatened and endangered species in the Everglades in general, including Everglades National Park where the flood water would be discharged.

Loss of deer and small fur-bearing animals to flooding exacerbates the growing problem of Everglades predator food chain loss.

The two drainage structures S-343 and S-12 allow water to flow directly into one of the only remaining areas supporting the near-extinct Cape Sable Seaside Sparrow, which is protected by FWS. The drainage structures are closed several months a year to protect the sparrow nesting grounds, although a recent study indicates the sparrow may no longer be present.

Heavy rainfall south of Lake Okeechobee has left the WCAs more than one foot above schedule, making it an unusually wet year. Two drainage structures along the Tamiami Trail– S-343 and S-12 –allow excess water to drain to the southwest into Everglades National Park and the Miccosukee Tribe wants them opened and to

Drew Bartlett, District Executive Director, sent a letter on Oct. 13 to Col. James Booth of the Corps stating the, “Board instructed staff to request a letter agreement from the U.S. Army Corps of Engineers, Jacksonville District, regarding the opening of the water control structures along Tamiami Trail to relieve environmentally

damaging high-water conditions in the Central Everglades.” The letter added, “It is widely understood that the closure of these structures is rooted in a Biological Opinion from the U.S. Fish and Wildlife Service (Service) regarding the Cape Sable seaside sparrow in Subpopulation A. It is also known that the Service has since communicated that Subpopulation A is currently, and unfortunately, extirpated.

Given these set of conditions, the District respectfully requests a response by Friday, October 20, 2023, confirming that the Corps and the Service do not oppose the District reopening the S-343A and S-343B structures.”

In the midst of this negotiation, the District and Corps have been actively engaged in the Central and Southern Florida (C&SF) System Section 216 Flood Resiliency Study, having recently completed public outreach to develop review criteria to evaluate proposed alternatives to solve the flooding problems in the Everglades.

Consequently, the Corps response on its website noted “We are actively working with our partners to rapidly execute a planned deviation to the Combined Operational Plan (COP) to open the S343 gates now and keep the S12 gates open until we get the Water Conservation Area 3A back within regulation schedule, as well as separately pursuing a permanent change to the COP.” In addition, the Corps stated, “Additional infrastructure being built within the authorized Central Everglades Planning Project (CEPP) will further help reduce the occurrence of harmful high-water levels within the Central Everglades in the future.” ●

Park Passes, Hunting, Fishing Licenses Discounted

By PATRICK GILLESPIE

Protection Secretary Shawn Hamilton. “It is because of this leadership that we can get outside and still experience the real Florida firsthand. I encourage all Floridians to get outdoors and take advantage of this incredible opportunity.” ●

I

n mid-October, Gov. Ron DeSantis announced the Great Outdoors Initiative, which encourages Floridians to enjoy Florida’s natural beauty with 50 percent off Florida State Park passes and hunting and fishing licenses through the Florida Fish and Wildlife Conservation Commission (FWC).

The discounts are available from Oct. 14 through Jan. 13, 2024 – a three-month period designed to boost outdoor activities.

In an Executive Order, DeSantis stated that the Florida State Park System has a direct economic impact of $3.6 billion, supporting more than 50,000 jobs in the last fiscal year. He also noted that hunting and fishing have a celebrated history in Florida, including anglers’ and hunters’ contributions to conservation efforts and increased awareness of outdoor recreation.“ Florida is home to some of the best state parks, waterways and recreational lands in the country, and I encourage all Floridians to get outdoors, experience our extraordinary natural resources and enjoy our fundamental right to hunt and fish,” DeSantis said in a news release. “We are now making it more affordable for families to get outside and enjoy these wonders by offering state park passes and fishing and hunting licenses at sharply discounted rates.”

More information about the Great Outdoors Initiative can be found on the Florida Department of Environmental Protec-

Florida Specifier

Park and License Discounts Florida State Parks Annual Passes will have a 50% discount and will be available at the following rates: Family Annual Pass – $60, plus tax Individual Annual Pass – $30, plus tax

Photo courtesy FDEP

Little Talbot Island State Park

tion’s website. State park annual passes for families and individuals are offeredat a 50 percent discount through Jan. 13. FWC is offering its annual resident Gold Sportsman’s license, a 5-year Gold Sportsman’s license, and a Lifetime Gold Sportsman’s license at 50 percent off. The Lifetime Sportsman’s license will be discounted by more than $250. Licenses have different costs, based on age and type of license.

Florida Fish and Wildlife Conservation Commission Chairman Rodney Barreto.

“Iencourage families to take advantage of this incredible offer with a discounted license and enjoy the abundant hunting and fishing recreational opportunities our state offers.”

An added bonus for anglers is that FWC will also exempt individuals from needing fishing licenses within Florida state parks during the three-month period, according to the website.“

Florida is the only four-time winner of the Gold Medal honoring the nation’s best park system. The state boasts 175 parks, trails and historic sites spanning nearly 800,000 acres and 100 miles of sandy beaches. Parks offer springs, beaches, nature trails, rivers, historic sites, and many recreationactivities.“

Florida remains one of the country’s top destinations for world-class fishing and unique hunting opportunities,” said

Governor DeSantis’ promotion of conservative resource stewardship is unparalleled,” said Department of Environmental

November/December 2023

Florida is the Fishing Capital of the World, and FWC offers freshwater and saltwater fishing licenses for experiencing the best of coastal and inland fishing options, along with unique hunting opportunities.The following FWC Gold Sportsman licenses, which include the saltwater fishing, freshwater fishing, hunting privileges and all associated permits, will also be discounted by 50% and will be available at the following rates, plus applicable fees: Annual Gold Sportsman – $50.75 Five-year Gold Sportsman – $247.75 Lifetime Sportsman License - Age 4 or younger – $201.50 - Ages 5–12 – $351.5.

- Ages 13 and older – $501.50

17

The conference aims to present the latest in beach preservation technology and real-world practice. www.fsbpa.com/ tech-conference.html 2024 ACEC FLORIDA ENGINEERING EXCELLENCE BANQUET

F

lorida is home to many conferences.

Here are a few that may be of interest to Specifier readers.

TRADITIONAL BUILDING CONFERENCE SERIES When: December 5-6 Where: Floridan Palace Hotel in Tampa The conference delivers focused, relevant education for architects, contractors, craftspeople, designers, building owners and facilities managers in a time-efficient format. Visit https://www.traditionalbuildingshow.com/page/schedule-2022 TASTE OF FLORIDA AGRICULTURE RECEPTION When: Where:

January 16, 2024 Florida Capitol Courtyard

Event is from 4:30-6:30 p.m. and is free and open to the public.

LIVE WILDLY FOUNDATION EVENT AT THE FLORIDA CAPITOL When: January 31, 2024 Where: Florida Capitol 22nd Floor Join us from 6pm to 10pm to celebrate the partnership between the Florida State Parks Foundation and Live Wildly Foundation as we recognize the 75 State Parks all located within the Florida Wildlife Corridor.

NATIONAL CONFERENCE ON BEACH PRESERVATION TECHNOLOGY When: February 7-9, 2024 Where: Embassy Suites, St. Augustine Beach

When: February 23, 2024 Where: Loews Royal Pacific Resort in Orlando Hosted by the American Council of Engineering Companies of FL, where firms will compete for, among other awards, the coveted Grand Conceptor Award. Contact Meredith Glass at mglass@fleng.org or 850-224-7121.

FLORIDA WATER ENVIRONMENT ASSOCIATION ANNUAL CONFERENCE AND 2024 FLORIDA WATER RESOURCES CONFERENCE (FWRC) When: Where:

April 2-6, 2024 Gaylord Palms Resort & Convention Center in Kissimmee

The FWEA Annual Meeting is held each year in association with the Florida Water Resources Conference (FWRC). A nonprofit, educational, and scientific organization, FWRC is a joint conference of the Florida Section of the American Water Works Association, the Florida Water Environment Association, and the Florida Water and Pollution Control Operators Association.

The Southwest Florida Water Management District (District) Governing Board voted Nov. 14 to declare a Modified Phase I Water Shortage due to ongoing dry conditions throughout the region and increasing water supply concerns.

The restrictions apply to all of Citrus, DeSoto, Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, Sarasota and Sumter counties; portions of Charlotte, Highlands and Lake counties; the City of Dunnellon and The Villages in Marion County; and the portion of Gasparilla Island in Lee County from Nov. 21, 2023 through July 1, 2024.

The District received lower than normal rainfall during its summer rainy season and currently has a 9.2-inch districtwide rainfall deficit compared to the average 12-month total. In addition, water levels

18

By JAMIE SHEEHAN

I

n September, the halls of the Fort Lauderdale Marriott Harbor Beach were taken over by people from across Florida and the country interested in one topic – resilience.

The 2023 Florida Resilience Conference was slammed with dozens of sessions over three days to discuss topics from beaches to transportation to emergency response. The conference, hosted by the Florida Shore & Beach Preservation Association and Resiliency Florida, featured political leaders, government officials, consultants, and industry experts all sharing best practices about how to ensure a unified approach to Florida remaining resilient in the face of rising seas, weather extremes, intensified flooding, and coastal erosion.

The Florida Specifier was on-hand as a sponsor and exhibitor. The conference was a platform for professionals to learn more about resilience and its importance to Florida's business landscape and overall future.

The conference brought together more than 550 industry professionals from various fields, such as smart planning, beach management, energy, and infrastructure.

Conference attendees and professionals engaged in topical discussions and shared insights on the best practices for building resilient businesses and infrastructure that can withstand the challenges of Florida's environment.

Sessions had something for everyone.

Unique breakout sessions highlighted collaboration efforts by communities on resiliency projects, hurricane preparation and recovery best practices, electric grid efforts, as well as transportation planning suggestions, to name a few.

The conference was divided into several sessions also providing in-depth knowledge on climate change, beach management, disaster preparedness, and sustainable development. The speakers were experts in their respective fields and shared practical solutions that attendees could apply in their agencies, businesses, and local governments. ●

Visit https://www.fwea.org/annual_conference.php and https://www.fwrc.org for more information.

FLORIDA ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS ANNUAL CONFERENCE When: April 25-26, 2024 Where: B Hotel in Lake Buena Vista Visit https://www.faep-fl.org/faep-conference in the District’s water resources, such as aquifers, rivers and lakes, are beginning to decline.

District Declares Modified Phase I Water Shortage

Florida Resilience Conference Brings Together Industry, Government to Solve Problems

The Modified Phase I Water Shortage Order does not change allowable watering schedules for most counties, however it does prohibit “wasteful and unnecessary” water use and twice-per-week lawn watering schedules remain in effect except where stricter measures have been imposed by local governments.

The proposed discharges would impact approximately 144 acres of wetlands deemed WOTUS. To offset wetland impacts, the applicant will place approximately 2,570 acres into conservation as well as perform wetland preservation and enhancement, including exotic vegetation removal and supplemental planting.

4-7 p.m. Dec. 7, Collier Public Library – Naples Regional Branch, 650 Central Ave. Naples, FL ●

Residents are asked to check their irrigation systems to ensure they are working properly. ●

Seasonal closure for spotted seatrout in the Central East Management Region starting Nov. 1

DEP Announces Public Meeting for Proposed Bellmar Development’s State 404 Program Permit Application

Spotted seatrout will be closed to recreational harvest Nov. 1 through Dec. 31 in the Central East Management Region, which includes all state and federal waters from Palm Beach through Volusia counties.

The Florida Department of Environmental Protection (DEP) will hold a public meeting on Dec. 7, 2023, to allow an opportunity for the public to provide input, ask questions and obtain information about the State 404 permit application for the proposed Bellmar development in Collier County.

On Aug. 16, 2022, and Nov. 6, 2023, DEP issued a State 404 Public Notice to the applicant, Collier Enterprises Management Inc., to discharge dredge or fill material into “waters of the United States” (WOTUS).

Spotted seatrout are one of Florida’s most popular inshore fisheries. This closed season was re-established in 2020 for the Central East Management Region to address declining trends in the stock and benefit spotted seatrout during times when they are particularly vulnerable to harvest.

For current spotted seatrout regulations, visit MyFWC.com/Marine and click on “Recreational Regulations” and “Spotted Seatrout.” ●

November/December 2023

The Good Cup Ground-Breaking Design Named on TIME’s Best Inventions 2023 List The Good Cup™ was recently listed in this year’s TIME Best Inventions in its product design category. According to the publication the cup is one of the “impactful” new products that was selected through the magazine’s editors and correspondents around the world with special attention to growing fields like sustainability, green technology, AI and many others.

The cup’s design has already received seven other international and prestigious awards in 2023, including Red Dot, iF Design, German Design, A' Design, MICE, Anuga Innovation, Packaging StartUp, and proudly adding TIME Best Inventions 2023 to its list of accolades.

The Good Cup™’s many features include an all-in-one cup with paper lid, integrated sip hole for hot or cold drinks, green material such as aqueous-based coating (certified plastic-free by Flustix), recyclable in paper stream and home compostable, cost savings, space-saving, and above all, removing plastic waste!

After successfully launching in Japan, Australia, and Europe, The Good Cup™ is finally coming this fall to North America with distributors ready to supply stock this winter. For more information, visit https:// thegoodcup.world/ ●

Florida Specifier

FSU Scientists to Analyze Impacts of Maui Wildfires STAFF & WIRE REPORTS

S

cientists from Florida State University’s (FSU) National High Magnetic Field Laboratory (MagLab) in Tallahassee will be analyzing soil and water samples from areas impacted by the Maui wildfires to determine how fire affected the chemistry of the soil and water as well as affects on the ecosystem, FSU announced recently.

On August 8, wildfires began raging through Maui, killing nearly 100 people, destroying more than 2,000 acres and 2,000 homes, largely in the area of Lahaina on the west coast of the island.

According to FSU, scientists recently received water samples to begin analysis.

Researchers are working with Hawaii authorities to obtain soil samples.

What sparked the flames, how long and hot the fire burned, what it burned and what was used to put it out can all impact water quality. Burned organic matter is among the most complex mixtures on the planet.

“If you want to see how any one of these parameters is going to impact the environment you have to look at it at the molecular level,” said Amy McKenna, a chemistry researcher in the MagLab’s Ion Cyclotron Resonance facility.

The lab’s 21 Tesla Ion Cyclotron Resonance system will be used for analyzing complex mixtures. McKenna describes it as a “molecular microscope,” allowing scientists to sort out tens of thousands of unique molecules.

“These are the molecules that are here, you can understand how it will impact

the agriculture, the landscape and the environment,” after a fire, said McKenna.

“Are the agricultural yields for the years to come going to be impacted by this and by how much? Can we prevent this fire from becoming an environmental disaster?”

When a wildfire burns longer and at a higher temperature, the extreme heat can form toxic compounds. Burned buildings can also leach dangerous chemicals into the environment, and retardants used to fight the flames can pollute the soil and water.

“The hotter and more severe a fire is, the longer it could take for the soil to return to its pre-burn state,” McKenna said.

Previous MagLab research has helped scientists better understand fire impacts.

McKenna has analyzed soil from wildfires in the Rocky Mountains in Colorado, among other regions where burning is significant, such as the African Congo. There, fires caused by lightning strikes are a part of the natural cycle, and can replenish the soil, clear underbrush, and generate new growth. McKenna says research can help pinpoint the factors that differentiate a healthy fire from a wildfire that may cause long term damage.

Graphic courtesy MauiCounty.gov

On the island of Maui, where the landscape is unique and fires are not as common, the impact could be considerably different than in the western US. “You have different soil, volcanic soil in Maui, so what does that mean for the fire impact and for how the ecosystem recovers?” McKenna asks. “Just because it’s a fire doesn’t mean it’s the same as a fire somewhere else.”

Characterizing the Maui water now will allow scientists to study its rebound and recovery.

“We’re opening up the world at a molecular level to understand how these fires are going to impact us long term.” McKenna said. ●

Aerial photo of Lahaina

Photo courtesy Hawai'i DLNR

Public Water Systems Eligible for 3M and DuPont Potential Settlement Agreements

By LAUREN BROOKS

3

M and DuPont, chemical and manufacturing companies, have reached potential Settlement Agreements in the federal product liability class action lawsuit MDL No. 2:18-mm-2873RMG involving thousands of Public Water Systems (PWS) across the country.

The potential settlements involve billions of dollars to be paid out to eligible claimants. Notices from 3M and DuPont are currently being mailed to potential claimants. If someone has received a Notice from 3M and/or DuPont of the potential Settlement Agreements, they may qualify to submit a claim and recover money from the settlement funds.

Potential claimants are divided into two classes: Phase One Qualifying Class Member and Phase Two Qualifying Class Member. The following summarizes the

Florida Specifier

qualifications for Phase One and Phase Two Qualifying Class Members for the 3M and DuPont potential Settlement Agreements. If one has received a Notice for one or both of the potential Settlement Agreements, this information is also contained therein.

Phase One Qualifying Class Member 3M: All Active Public Water Systems that have one or more Impacted Water Sources as of June 22, 2023.

DuPont: All Public Water Systems that draw or otherwise collect from any Water Source that, on or before June 30, 2023, was tested or otherwise analyzed for PFAS and found to contain any PFAS at any level.

Phase Two Qualifying Class Member

3M: All Active Public Water Systems in the United States that do not have one or more Impacted Water Sources as of June 22, 2023 and (i) are required to test for certain PFAS under UMCR-5, or (ii) serve more than 3,300 people, according to SDWIS. DuPont: Public Water System that is not a Phase One Qualifying Settlement Class Member and is subject to the monitoring

rules set forth in UCMR-5 or other applicable state or federal laws.

Money available The potential settlement amount for 3M is not less than $10,500,000,000 and not more than $12,500,000,000. The potential settlement amount for DuPont is $1,185,000,000.

A Settlement Class Member who is not excluded is eligible to receive settlement check(s) from the claims administrator based on allocation procedures developed as part of the Settlement Agreements.

The allocation procedures are designed to equitably allocate the Settlement Amount in such a way that reflects factors used in designing a water treatment system in connection with PFAS contamination.

Main factors include volume of impacted water and degree of impact. Once a claim is submitted, the claim administrator will verify that the entity is a Qualifying Phase One or Phase Two Settlement Class Member.

Important Dates and Next Steps

November/December 2023

A PWS, as defined in the Settlement Agreements, may submit objections to the Settlement Agreements by November 11, 2023 (for DuPont and 3M). Additionally, a PWS may also “Opt Out” or request to be excluded from the Settlement Agreements

by December 4, 2023 (for DuPont) and December 11, 2023 (for 3M).

If a PWS does not opt out, then it will be bound by the terms of the Settlement Agreements and will be barred from bringing any legal challenges against 3M or DuPont in the future for PFAS contamination of its drinking water sources.

Currently, the Settlement Agreements are referred to as “potential” in nature because they are still subject to approval by the United States District Court for the District of South Carolina, Charleston Division, during the respective Fairness Hearings, which will be held on December 14, 2023 (for DuPont) and February 2, 2024 (for 3M). ● Lauren Brooks is a senior attorney at Lewis, Longman, & Walker, PA.

19

DISCUSSING FLORIDA'S ENVIRONMENTAL FUTURE

20

November/December 2023

Florida Specifier