Bill Text: FL H4089 | 2011 | Regular Session | Introduced

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Bill Title: Soil and Water Conservation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-02 - Withdrawn from Agriculture and Natural Resources Subcommittee; State Affairs Committee [H4089 Detail]

Download: Florida-2011-H4089-Introduced.html

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HB 4089

1	A bill to be entitled
2	An act relating to soil and water conservation; repealing
3	s. 582.01, F.S., relating to definitions; repealing s.
4	582.055, F.S., relating to powers, duties, and rulemaking
5	authority of the Department of Agriculture and Consumer
6	Services regarding soil and water conservation; repealing
7	s. 582.06, F.S., relating to the creation, powers and
8	duties, meetings, procedures, recordkeeping, and
9	compensation of members of the Soil and Water Conservation
10	Council; repealing s. 582.08, F.S., relating to additional
11	powers of the Department of Agriculture and Consumer
12	Services regarding soil and water conservation districts
13	and district supervisors; repealing s. 582.09, F.S.,
14	relating to soil and water conservation district
15	employees; repealing s. 582.10, F.S., relating to creation
16	of soil and water conservation districts; repealing ss.
17	582.11, 582.12, 582.13, and 582.14, F.S., relating to
18	public hearings and referendum regarding creation of soil
19	and water conservation districts; repealing s. 582.15,
20	F.S., relating to organization of soil and water
21	conservation districts; repealing ss. 582.16 and 582.17,
22	F.S., relating to establishment, addition, and removal of
23	soil and water conservation district territory; repealing
24	s. 582.18, F.S., relating election of supervisors for soil
25	and water conservation districts; repealing s. 582.19,
26	F.S., relating to qualifications and tenure of soil and
27	water conservation district supervisors; repealing s.
28	582.20, F.S., relating to powers of soil and water
29	conservation districts and district supervisors; repealing
30	ss. 582.21, 582.22, and 582.23, F.S., relating to powers
31	and duties of water conservation district supervisors
32	regarding land use regulation and district operations;
33	repealing ss. 582.24, 582.25, and 582.26, F.S., relating
34	to boards of adjustment for soil and water conservation
35	districts; repealing s. 582.28, F.S., relating to
36	cooperation between soil and water conservation districts;
37	repealing s. 582.29, F.S., relating to cooperation between
38	state agencies and soil and water conservation districts;
39	repealing ss. 582.30, 582.31, and 582.32, F.S., relating
40	to discontinuance of soil and water conservation
41	districts; repealing ss. 582.331, 582.34, and 582.39,
42	F.S., relating to establishment of watershed improvement
43	districts within soil and water conservation districts;
44	repealing ss. 582.35, 582.36, and 582.37, F.S., relating
45	to public hearings and referendum regarding determination
46	of need for and creation of watershed improvement
47	districts; repealing s. 582.38, F.S., relating to
48	organization and taxing authority of watershed improvement
49	districts; repealing s. 582.40, F.S., relating to
50	watershed improvement district boundary and name changes;
51	repealing ss. 582.41 and 582.42, F.S., relating to the
52	board of directors, officers, agents, and employees of
53	watershed improvement districts; repealing ss. 582.43 and
54	582.44, F.S., relating to status and general powers of
55	watershed improvement districts, including levy of taxes;
56	repealing ss. 582.45 and 582.46, F.S., relating to fiscal
57	powers of watershed improvement district governing bodies;
58	repealing s. 582.47, F.S., relating to coordination
59	between watershed improvement districts and flood control
60	districts; repealing ss. 582.48 and 582.49, F.S., relating
61	to discontinuance of watershed improvement districts;
62	amending ss. 259.032, 259.036, 373.1391, 373.1401,
63	373.591, 403.067, and 570.076, F.S.; conforming cross-
64	references; providing an effective date.
65
66	Be It Enacted by the Legislature of the State of Florida:
67
68	Section 1.  Sections 582.01, 582.055, 582.06, 582.08,
69	582.09, 582.10, 582.11, 582.12, 582.13, 582.14, 582.15, 582.16,
70	582.17, 582.18, 582.19, 582.20, 582.21, 582.22, 582.23, 582.24,
71	582.25, 582.26, 582.28, 582.29, 582.30, 582.31, 582.32, 582.331,
72	582.34, 582.35, 582.36, 582.37, 582.38, 582.39, 582.40, 582.41,
73	582.42, 582.43, 582.44, 582.45, 582.46, 582.47, 582.48, and
74	582.49, Florida Statutes, are repealed.
75	Section 2.  Subsection (7), paragraphs (e) and (f) of
76	subsection (9), and paragraph (b) of subsection (10) of section
77	259.032, Florida Statutes, are amended to read:
78	259.032  Conservation and Recreation Lands Trust Fund;
79	purpose.-
80	(7)  The board of trustees may enter into any contract
81	necessary to accomplish the purposes of this section. The lead
82	land managing agencies designated by the board of trustees also
83	are directed by the Legislature to enter into contracts or
84	interagency agreements with other governmental entities,
85	including local soil and water conservation districts, or
86	private land managers who have the expertise to perform specific
87	management activities which a lead agency lacks, or which would
88	cost more to provide in-house. Such activities shall include,
89	but not be limited to, controlled burning, road and ditch
90	maintenance, mowing, and wildlife assessments.
91	(9)  All lands managed under this chapter and s. 253.034
92	shall be:
93	(e)  Concurrent with the approval of the acquisition
94	contract pursuant to s. 259.041(3)(c) for any interest in lands
95	except those lands being acquired under the provisions of s.
96	259.1052, the board of trustees shall designate an agency or
97	agencies to manage such lands. The board shall evaluate and
98	amend, as appropriate, the management policy statement for the
99	project as provided by s. 259.035, consistent with the purposes
100	for which the lands are acquired. For any fee simple acquisition
101	of a parcel which is or will be leased back for agricultural
102	purposes, or any acquisition of a less-than-fee interest in land
103	that is or will be used for agricultural purposes, the Board of
104	Trustees of the Internal Improvement Trust Fund shall first
105	consider having a soil and water conservation district, created
106	pursuant to chapter 582, manage and monitor such interests.
107	(f)  State agencies designated to manage lands acquired
108	under this chapter except those lands acquired under s. 259.1052
109	may contract with local governments and soil and water
110	conservation districts to assist in management activities,
111	including the responsibility of being the lead land manager.
112	Such land management contracts may include a provision for the
113	transfer of management funding to the local government or soil
114	and water conservation district from the Conservation and
115	Recreation Lands Trust Fund in an amount adequate for the local
116	government or soil and water conservation district to perform
117	its contractual land management responsibilities and
118	proportionate to its responsibilities, and which otherwise would
119	have been expended by the state agency to manage the property.
120	(10)
121	(b)  Individual management plans required by s. 253.034(5),
122	for parcels over 160 acres, shall be developed with input from
123	an advisory group. Members of this advisory group shall include,
124	at a minimum, representatives of the lead land managing agency,
125	comanaging entities, local private property owners, the
126	appropriate soil and water conservation district, a local
127	conservation organization, and a local elected official. The
128	advisory group shall conduct at least one public hearing within
129	the county in which the parcel or project is located. For those
130	parcels or projects that are within more than one county, at
131	least one areawide public hearing shall be acceptable and the
132	lead managing agency shall invite a local elected official from
133	each county. The areawide public hearing shall be held in the
134	county in which the core parcels are located. Notice of such
135	public hearing shall be posted on the parcel or project
136	designated for management, advertised in a paper of general
137	circulation, and announced at a scheduled meeting of the local
138	governing body before the actual public hearing. The management
139	prospectus required pursuant to paragraph (9)(d) shall be
140	available to the public for a period of 30 days prior to the
141	public hearing.
142
143	By July 1 of each year, each governmental agency and each
144	private entity designated to manage lands shall report to the
145	Secretary of Environmental Protection on the progress of
146	funding, staffing, and resource management of every project for
147	which the agency or entity is responsible.
148	Section 3.  Paragraph (a) of subsection (1) of section
149	259.036, Florida Statutes, is amended to read:
150	259.036  Management review teams.-
151	(1)  To determine whether conservation, preservation, and
152	recreation lands titled in the name of the Board of Trustees of
153	the Internal Improvement Trust Fund are being managed for the
154	purposes for which they were acquired and in accordance with a
155	land management plan adopted pursuant to s. 259.032, the board
156	of trustees, acting through the Department of Environmental
157	Protection, shall cause periodic management reviews to be
158	conducted as follows:
159	(a)  The department shall establish a regional land
160	management review team composed of the following members:
161	1.  One individual who is from the county or local
162	community in which the parcel or project is located and who is
163	selected by the county commission in the county which is most
164	impacted by the acquisition.
165	2.  One individual from the Division of Recreation and
166	Parks of the department.
167	3.  One individual from the Division of Forestry of the
168	Department of Agriculture and Consumer Services.
169	4.  One individual from the Fish and Wildlife Conservation
170	Commission.
171	5.  One individual from the department's district office in
172	which the parcel is located.
173	6.  A private land manager mutually agreeable to the state
174	agency representatives.
175	7.  A member of the local soil and water conservation
176	district board of supervisors.
177	7.8.  A member of a conservation organization.
178	Section 4.  Paragraph (d) of subsection (1) of section
179	373.1391, Florida Statutes, is amended to read:
180	373.1391  Management of real property.-
181	(1)
182	(d)  For any fee simple acquisition of a parcel which is or
183	will be leased back for agricultural purposes, or for any
184	acquisition of a less-than-fee interest in lands that is or will
185	be used for agricultural purposes, the district governing board
186	shall first consider having a soil and water conservation
187	district created pursuant to chapter 582 manage and monitor such
188	interest.
189	Section 5.  Section 373.1401, Florida Statutes, is amended
190	to read:
191	373.1401  Management of lands of water management
192	districts.-In addition to provisions contained in s. 373.1391(1)
193	for soil and water conservation districts, The governing board
194	of each water management district may contract with a
195	nongovernmental person or entity, any federal or state agency, a
196	county, a municipality, or any other governmental entity, or
197	environmental nonprofit organization to provide for the
198	improvement, management, or maintenance of any real property
199	owned by or under the control of the district.
200	Section 6.  Section (1) of section 373.591, Florida
201	Statutes, is amended to read:
202	373.591  Management review teams.-
203	(1)  To determine whether conservation, preservation, and
204	recreation lands titled in the names of the water management
205	districts are being managed for the purposes for which they were
206	acquired and in accordance with land management objectives, the
207	water management districts shall establish land management
208	review teams to conduct periodic management reviews. The land
209	management review teams shall be composed of the following
210	members:
211	(a)  One individual from the county or local community in
212	which the parcel is located.
213	(b)  One employee of the water management district.
214	(c)  A private land manager mutually agreeable to the
215	governmental agency representatives.
216	(d)  A member of the local soil and water conservation
217	district board of supervisors.
218	(d)(e)  One individual from the Fish and Wildlife
219	Conservation Commission.
220	(e)(f)  One individual from the Department of Environmental
221	Protection.
222	(f)(g)  One individual representing a conservation
223	organization.
224	(g)(h)  One individual from the Department of Agriculture
225	and Consumer Services' Division of Forestry.
226	Section 7.  Subsection (1), paragraph (a) of subsection
227	(3), paragraph (a) of subsection (6), and paragraph (a) of
228	subsection (7) of section 403.067, Florida Statutes, are amended
229	to read:
230	403.067  Establishment and implementation of total maximum
231	daily loads.-
232	(1)  LEGISLATIVE FINDINGS AND INTENT.-In furtherance of
233	public policy established in s. 403.021, the Legislature
234	declares that the waters of the state are among its most basic
235	resources and that the development of a total maximum daily load
236	program for state waters as required by s. 303(d) of the Clean
237	Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. will
238	promote improvements in water quality throughout the state
239	through the coordinated control of point and nonpoint sources of
240	pollution. The Legislature finds that, while point and nonpoint
241	sources of pollution have been managed through numerous
242	programs, better coordination among these efforts and additional
243	management measures may be needed in order to achieve the
244	restoration of impaired water bodies. The scientifically based
245	total maximum daily load program is necessary to fairly and
246	equitably allocate pollution loads to both nonpoint and point
247	sources. Implementation of the allocation shall include
248	consideration of a cost-effective approach coordinated between
249	contributing point and nonpoint sources of pollution for
250	impaired water bodies or water body segments and may include the
251	opportunity to implement the allocation through nonregulatory
252	and incentive-based programs. The Legislature further declares
253	that the Department of Environmental Protection shall be the
254	lead agency in administering this program and shall coordinate
255	with local governments, water management districts, the
256	Department of Agriculture and Consumer Services, local soil and
257	water conservation districts, environmental groups, regulated
258	interests, other appropriate state agencies, and affected
259	pollution sources in developing and executing the total maximum
260	daily load program.
261	(3)  ASSESSMENT.-
262	(a)  Based on the priority ranking and schedule for a
263	particular listed water body or water body segment, the
264	department shall conduct a total maximum daily load assessment
265	of the basin in which the water body or water body segment is
266	located using the methodology developed pursuant to paragraph
267	(b). In conducting this assessment, the department shall
268	coordinate with the local water management district, the
269	Department of Agriculture and Consumer Services, other
270	appropriate state agencies, soil and water conservation
271	districts, environmental groups, regulated interests, and other
272	interested parties.
273	(6)  CALCULATION AND ALLOCATION.-
274	(a)  Calculation of total maximum daily load.
275	1.  Prior to developing a total maximum daily load
276	calculation for each water body or water body segment on the
277	list specified in subsection (4), the department shall
278	coordinate with applicable local governments, water management
279	districts, the Department of Agriculture and Consumer Services,
280	other appropriate state agencies, local soil and water
281	conservation districts, environmental groups, regulated
282	interests, and affected pollution sources to determine the
283	information required, accepted methods of data collection and
284	analysis, and quality control/quality assurance requirements.
285	The analysis may include mathematical water quality modeling
286	using approved procedures and methods.
287	2.  The department shall develop total maximum daily load
288	calculations for each water body or water body segment on the
289	list described in subsection (4) according to the priority
290	ranking and schedule unless the impairment of such waters is due
291	solely to activities other than point and nonpoint sources of
292	pollution. For waters determined to be impaired due solely to
293	factors other than point and nonpoint sources of pollution, no
294	total maximum daily load will be required. A total maximum daily
295	load may be required for those waters that are impaired
296	predominantly due to activities other than point and nonpoint
297	sources. The total maximum daily load calculation shall
298	establish the amount of a pollutant that a water body or water
299	body segment may receive from all sources without exceeding
300	water quality standards, and shall account for seasonal
301	variations and include a margin of safety that takes into
302	account any lack of knowledge concerning the relationship
303	between effluent limitations and water quality. The total
304	maximum daily load may be based on a pollutant load reduction
305	goal developed by a water management district, provided that
306	such pollutant load reduction goal is promulgated by the
307	department in accordance with the procedural and substantive
308	requirements of this subsection.
309	(7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
310	IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-
311	(a)  Basin management action plans.-
312	1.  In developing and implementing the total maximum daily
313	load for a water body, the department, or the department in
314	conjunction with a water management district, may develop a
315	basin management action plan that addresses some or all of the
316	watersheds and basins tributary to the water body. Such a plan
317	must integrate the appropriate management strategies available
318	to the state through existing water quality protection programs
319	to achieve the total maximum daily loads and may provide for
320	phased implementation of these management strategies to promote
321	timely, cost-effective actions as provided for in s. 403.151.
322	The plan must establish a schedule for implementing the
323	management strategies, establish a basis for evaluating the
324	plan's effectiveness, and identify feasible funding strategies
325	for implementing the plan's management strategies. The
326	management strategies may include regional treatment systems or
327	other public works, where appropriate, and, in the basin listed
328	in subsection (10) for which a basin management action plan has
329	been adopted, voluntary trading of water quality credits to
330	achieve the needed pollutant load reductions.
331	2.  A basin management action plan must equitably allocate,
332	pursuant to paragraph (6)(b), pollutant reductions to individual
333	basins, as a whole to all basins, or to each identified point
334	source or category of nonpoint sources, as appropriate. For
335	nonpoint sources for which best management practices have been
336	adopted, the initial requirement specified by the plan must be
337	those practices developed pursuant to paragraph (c). Where
338	appropriate, the plan may take into account the benefits of
339	pollutant load reduction achieved by point or nonpoint sources
340	that have implemented management strategies to reduce pollutant
341	loads, including best management practices, prior to the
342	development of the basin management action plan. The plan must
343	also identify the mechanisms that will address potential future
344	increases in pollutant loading.
345	3.  The basin management action planning process is
346	intended to involve the broadest possible range of interested
347	parties, with the objective of encouraging the greatest amount
348	of cooperation and consensus possible. In developing a basin
349	management action plan, the department shall assure that key
350	stakeholders, including, but not limited to, applicable local
351	governments, water management districts, the Department of
352	Agriculture and Consumer Services, other appropriate state
353	agencies, local soil and water conservation districts,
354	environmental groups, regulated interests, and affected
355	pollution sources, are invited to participate in the process.
356	The department shall hold at least one public meeting in the
357	vicinity of the watershed or basin to discuss and receive
358	comments during the planning process and shall otherwise
359	encourage public participation to the greatest practicable
360	extent. Notice of the public meeting must be published in a
361	newspaper of general circulation in each county in which the
362	watershed or basin lies not less than 5 days nor more than 15
363	days before the public meeting. A basin management action plan
364	shall not supplant or otherwise alter any assessment made under
365	subsection (3) or subsection (4) or any calculation or initial
366	allocation.
367	4.  The department shall adopt all or any part of a basin
368	management action plan and any amendment to such plan by
369	secretarial order pursuant to chapter 120 to implement the
370	provisions of this section.
371	5.  The basin management action plan must include
372	milestones for implementation and water quality improvement, and
373	an associated water quality monitoring component sufficient to
374	evaluate whether reasonable progress in pollutant load
375	reductions is being achieved over time. An assessment of
376	progress toward these milestones shall be conducted every 5
377	years, and revisions to the plan shall be made as appropriate.
378	Revisions to the basin management action plan shall be made by
379	the department in cooperation with basin stakeholders. Revisions
380	to the management strategies required for nonpoint sources must
381	follow the procedures set forth in subparagraph (c)4. Revised
382	basin management action plans must be adopted pursuant to
383	subparagraph 4.
384	6.  In accordance with procedures adopted by rule under
385	paragraph (9)(c), basin management action plans may allow point
386	or nonpoint sources that will achieve greater pollutant
387	reductions than required by an adopted total maximum load or
388	wasteload allocation to generate, register, and trade water
389	quality credits for the excess reductions to enable other
390	sources to achieve their allocation; however, the generation of
391	water quality credits does not remove the obligation of a source
392	or activity to meet applicable technology requirements or
393	adopted best management practices. Such plans must allow trading
394	between NPDES permittees, and trading that may or may not
395	involve NPDES permittees, where the generation or use of the
396	credits involve an entity or activity not subject to department
397	water discharge permits whose owner voluntarily elects to obtain
398	department authorization for the generation and sale of credits.
399	7.  The provisions of the department's rule relating to the
400	equitable abatement of pollutants into surface waters shall not
401	be applied to water bodies or water body segments for which a
402	basin management plan that takes into account future new or
403	expanded activities or discharges has been adopted under this
404	section.
405	Section 8.  Subsections (3), (4), and (5) of section
406	570.076, Florida Statutes, are amended to read:
407	570.076  Environmental Stewardship Certification Program.-
408	The department may, by rule, establish the Environmental
409	Stewardship Certification Program consistent with this section.
410	A rule adopted under this section must be developed in
411	consultation with state universities, agricultural
412	organizations, and other interested parties.
413	(3)  The Soil and Water Conservation Council created by s.
414	582.06 may develop and recommend to the department for adoption
415	additional criteria for receipt of an agricultural certification
416	which may include, but not be limited to:
417	(a)  Comprehensive management of all on-farm resources.
418	(b)  Promotion of environmental awareness and responsible
419	resource stewardship in agricultural or urban communities.
420	(c)  Completion of a curriculum of study that is related to
421	environmental issues and regulation.
422	(3)(4)  If needed, the department and the Institute of Food
423	and Agricultural Sciences at the University of Florida may
424	jointly develop a curriculum that provides instruction
425	concerning environmental issues pertinent to agricultural
426	certification and deliver such curriculum to, and certify its
427	completion by, any person seeking certification or to maintain
428	certification.
429	(4)(5)  The department may enter into agreements with
430	third-party providers to administer or implement all or part of
431	the program.
432	Section 9.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.