Bill Text: FL S1524 | 2017 | Regular Session | Introduced

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Bill Title: Basin Management

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Environmental Preservation and Conservation [S1524 Detail]

Download: Florida-2017-S1524-Introduced.html

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       Florida Senate - 2017                                    SB 1524
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01371-17                                           20171524__
    1                        A bill to be entitled                      
    2         An act relating to basin management; amending s.
    3         403.067, F.S.; requiring the Department of Agriculture
    4         and Consumer Services to compile and provide the
    5         Department of Environmental Protection with annual
    6         reports of nutrient applications within certain
    7         basins; authorizing the Department of Agriculture and
    8         Consumer Services to request nutrient management and
    9         application records from responsible parties within
   10         such basins; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (c) of subsection (7) of section
   15  403.067, Florida Statutes, is amended to read:
   16         403.067 Establishment and implementation of total maximum
   17  daily loads.—
   18         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
   19  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
   20         (c) Best management practices.—
   21         1. The department, in cooperation with the water management
   22  districts and other interested parties, as appropriate, may
   23  develop suitable interim measures, best management practices, or
   24  other measures necessary to achieve the level of pollution
   25  reduction established by the department for nonagricultural
   26  nonpoint pollutant sources in allocations developed pursuant to
   27  subsection (6) and this subsection. These practices and measures
   28  may be adopted by rule by the department and the water
   29  management districts and, where adopted by rule, shall be
   30  implemented by those parties responsible for nonagricultural
   31  nonpoint source pollution.
   32         2. The Department of Agriculture and Consumer Services may
   33  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
   34  suitable interim measures, best management practices, or other
   35  measures necessary to achieve the level of pollution reduction
   36  established by the department for agricultural pollutant sources
   37  in allocations developed pursuant to subsection (6) and this
   38  subsection or for programs implemented pursuant to paragraph
   39  (12)(b). These practices and measures may be implemented by
   40  those parties responsible for agricultural pollutant sources and
   41  the department, the water management districts, and the
   42  Department of Agriculture and Consumer Services shall assist
   43  with implementation. In the process of developing and adopting
   44  rules for interim measures, best management practices, or other
   45  measures, the Department of Agriculture and Consumer Services
   46  shall consult with the department, the Department of Health, the
   47  water management districts, representatives from affected
   48  farming groups, and environmental group representatives. Such
   49  rules must also incorporate provisions for a notice of intent to
   50  implement the practices and a system to assure the
   51  implementation of the practices, including site inspection and
   52  recordkeeping requirements.
   53         3. Where interim measures, best management practices, or
   54  other measures are adopted by rule, the effectiveness of such
   55  practices in achieving the levels of pollution reduction
   56  established in allocations developed by the department pursuant
   57  to subsection (6) and this subsection or in programs implemented
   58  pursuant to paragraph (12)(b) must be verified at representative
   59  sites by the department. The department shall use best
   60  professional judgment in making the initial verification that
   61  the best management practices are reasonably expected to be
   62  effective and, where applicable, must notify the appropriate
   63  water management district or the Department of Agriculture and
   64  Consumer Services of its initial verification before the
   65  adoption of a rule proposed pursuant to this paragraph.
   66  Implementation, in accordance with rules adopted under this
   67  paragraph, of practices that have been initially verified to be
   68  effective, or verified to be effective by monitoring at
   69  representative sites, by the department, shall provide a
   70  presumption of compliance with state water quality standards and
   71  release from the provisions of s. 376.307(5) for those
   72  pollutants addressed by the practices, and the department is not
   73  authorized to institute proceedings against the owner of the
   74  source of pollution to recover costs or damages associated with
   75  the contamination of surface water or groundwater caused by
   76  those pollutants. Research projects funded by the department, a
   77  water management district, or the Department of Agriculture and
   78  Consumer Services to develop or demonstrate interim measures or
   79  best management practices shall be granted a presumption of
   80  compliance with state water quality standards and a release from
   81  the provisions of s. 376.307(5). The presumption of compliance
   82  and release is limited to the research site and only for those
   83  pollutants addressed by the interim measures or best management
   84  practices. Eligibility for the presumption of compliance and
   85  release is limited to research projects on sites where the owner
   86  or operator of the research site and the department, a water
   87  management district, or the Department of Agriculture and
   88  Consumer Services have entered into a contract or other
   89  agreement that, at a minimum, specifies the research objectives,
   90  the cost-share responsibilities of the parties, and a schedule
   91  that details the beginning and ending dates of the project.
   92         4. Where water quality problems are demonstrated, despite
   93  the appropriate implementation, operation, and maintenance of
   94  best management practices and other measures required by rules
   95  adopted under this paragraph, the department, a water management
   96  district, or the Department of Agriculture and Consumer
   97  Services, in consultation with the department, shall institute a
   98  reevaluation of the best management practice or other measure.
   99  Should the reevaluation determine that the best management
  100  practice or other measure requires modification, the department,
  101  a water management district, or the Department of Agriculture
  102  and Consumer Services, as appropriate, shall revise the rule to
  103  require implementation of the modified practice within a
  104  reasonable time period as specified in the rule.
  105         5. Agricultural records relating to processes or methods of
  106  production, costs of production, profits, or other financial
  107  information held by the Department of Agriculture and Consumer
  108  Services pursuant to subparagraphs 3. and 4. or pursuant to any
  109  rule adopted pursuant to subparagraph 2. are confidential and
  110  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  111  Constitution. Upon request, records made confidential and exempt
  112  pursuant to this subparagraph shall be released to the
  113  department or any water management district provided that the
  114  confidentiality specified by this subparagraph for such records
  115  is maintained.
  116         6. The provisions of Subparagraphs 1. and 2. do not
  117  preclude the department or water management district from
  118  requiring compliance with water quality standards or with
  119  current best management practice requirements set forth in any
  120  applicable regulatory program authorized by law for the purpose
  121  of protecting water quality. Additionally, subparagraphs 1. and
  122  2. are applicable only to the extent that they do not conflict
  123  with any rules adopted by the department that are necessary to
  124  maintain a federally delegated or approved program.
  125         7. The Department of Agriculture and Consumer Services
  126  shall compile and provide to the department annual reports of
  127  nutrient applications within each basin where a basin management
  128  action plan is required to meet total maximum daily loads. The
  129  Department of Agriculture and Consumer Services may request the
  130  release of nutrient management and application records from
  131  landowners, dischargers, and other responsible parties within
  132  such a basin.
  133         Section 2. This act shall take effect July 1, 2017.