Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1382
       
       
       
       
       
       
                                Ì295090%Î295090                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Environment and Natural Resources (Albritton)
       recommended the following:
       
    1         Senate Substitute for Amendment (887650) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (7) of section 403.067, Florida
    7  Statutes, is amended, and subsections (14) and (15) are added to
    8  that section, to read:
    9         403.067 Establishment and implementation of total maximum
   10  daily loads.—
   11         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
   12  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
   13         (a) Basin management action plans.—
   14         1. In developing and implementing the total maximum daily
   15  load for a water body, the department, or the department in
   16  conjunction with a water management district, may develop a
   17  basin management action plan that addresses some or all of the
   18  watersheds and basins tributary to the water body. Such plan
   19  must integrate the appropriate management strategies available
   20  to the state through existing water quality protection programs
   21  to achieve the total maximum daily loads and may provide for
   22  phased implementation of these management strategies to promote
   23  timely, cost-effective, and technically and financially
   24  practical actions as provided for in s. 403.151. The plan must
   25  establish a schedule implementing the management strategies,
   26  establish a basis for evaluating the plan’s effectiveness, and
   27  identify feasible funding strategies for implementing the plan’s
   28  management strategies. The management strategies may include:
   29         a. Regional treatment systems or other public works, where
   30  appropriate;, and
   31         b. Voluntary trading of water quality credits to achieve
   32  the needed pollutant load reductions;
   33         c.Interim measures, best management practices, or other
   34  measures in paragraph (c);
   35         d.Implementation of cooperative agricultural regional
   36  water quality improvement projects or practices in paragraph
   37  (e); and
   38         e.Cooperative urban, suburban, commercial, or
   39  institutional regional water quality improvement projects or
   40  practices in paragraph (f).
   41         2. A basin management action plan must equitably allocate,
   42  pursuant to paragraph (6)(b), pollutant reductions to individual
   43  basins, as a whole to all basins, or to each identified point
   44  source or category of nonpoint sources, as appropriate. For
   45  nonpoint sources for which best management practices have been
   46  adopted, the initial requirement specified by the plan must be
   47  those practices developed pursuant to paragraph (c). Where
   48  appropriate, the plan may take into account the benefits of
   49  pollutant load reduction achieved by point or nonpoint sources
   50  that have implemented management strategies to reduce pollutant
   51  loads, including best management practices, before the
   52  development of the basin management action plan. The plan must
   53  also identify the mechanisms that will address potential future
   54  increases in pollutant loading.
   55         3. The basin management action planning process is intended
   56  to involve the broadest possible range of interested parties,
   57  with the objective of encouraging the greatest amount of
   58  cooperation and consensus possible. In developing a basin
   59  management action plan, the department shall assure that key
   60  stakeholders, including, but not limited to, applicable local
   61  governments, water management districts, the Department of
   62  Agriculture and Consumer Services, other appropriate state
   63  agencies, local soil and water conservation districts,
   64  environmental groups, regulated interests, and affected
   65  pollution sources, are invited to participate in the process.
   66  The department shall hold at least one public meeting in the
   67  vicinity of the watershed or basin to discuss and receive
   68  comments during the planning process and shall otherwise
   69  encourage public participation to the greatest practicable
   70  extent. Notice of the public meeting must be published in a
   71  newspaper of general circulation in each county in which the
   72  watershed or basin lies not less than 5 days nor more than 15
   73  days before the public meeting. A basin management action plan
   74  does not supplant or otherwise alter any assessment made under
   75  subsection (3) or subsection (4) or any calculation or initial
   76  allocation.
   77         4. Each new or revised basin management action plan shall
   78  include:
   79         a. The appropriate management strategies available through
   80  existing water quality protection programs to achieve total
   81  maximum daily loads, which may provide for phased implementation
   82  to promote timely, cost-effective actions as provided for in s.
   83  403.151;
   84         b. A description of best management practices adopted by
   85  rule;
   86         c. A list of projects in priority ranking with a planning
   87  level cost estimate and estimated date of completion for each
   88  listed project;
   89         d. The source and amount of financial assistance to be made
   90  available by the department, a water management district, or
   91  other entity for each listed project, if applicable; and
   92         e. A planning-level estimate of each listed project’s
   93  expected load reduction, if applicable.
   94         5. The department shall adopt all or any part of a basin
   95  management action plan and any amendment to such plan by
   96  secretarial order pursuant to chapter 120 to implement the
   97  provisions of this section.
   98         6. The basin management action plan must include milestones
   99  for implementation and water quality improvement, and an
  100  associated water quality monitoring component sufficient to
  101  evaluate whether reasonable progress in pollutant load
  102  reductions is being achieved over time. An assessment of
  103  progress toward these milestones shall be conducted every 5
  104  years, and revisions to the plan shall be made as appropriate.
  105  Revisions to the basin management action plan shall be made by
  106  the department in cooperation with basin stakeholders. Revisions
  107  to the management strategies required for nonpoint sources must
  108  follow the procedures set forth in subparagraph (c)4. Revised
  109  basin management action plans must be adopted pursuant to
  110  subparagraph 5.
  111         7. In accordance with procedures adopted by rule under
  112  paragraph (9)(c), basin management action plans, and other
  113  pollution control programs under local, state, or federal
  114  authority as provided in subsection (4), may allow point or
  115  nonpoint sources that will achieve greater pollutant reductions
  116  than required by an adopted total maximum daily load or
  117  wasteload allocation to generate, register, and trade water
  118  quality credits for the excess reductions to enable other
  119  sources to achieve their allocation; however, the generation of
  120  water quality credits does not remove the obligation of a source
  121  or activity to meet applicable technology requirements or
  122  adopted best management practices. Such plans must allow trading
  123  between NPDES permittees, and trading that may or may not
  124  involve NPDES permittees, where the generation or use of the
  125  credits involve an entity or activity not subject to department
  126  water discharge permits whose owner voluntarily elects to obtain
  127  department authorization for the generation and sale of credits.
  128         8. The provisions of the department’s rule relating to the
  129  equitable abatement of pollutants into surface waters do not
  130  apply to water bodies or water body segments for which a basin
  131  management plan that takes into account future new or expanded
  132  activities or discharges has been adopted under this section.
  133         (b) Total maximum daily load implementation.—
  134         1. The department shall be the lead agency in coordinating
  135  the implementation of the total maximum daily loads through
  136  existing water quality protection programs. Application of a
  137  total maximum daily load by a water management district must be
  138  consistent with this section and does not require the issuance
  139  of an order or a separate action pursuant to s. 120.536(1) or s.
  140  120.54 for the adoption of the calculation and allocation
  141  previously established by the department. Such programs may
  142  include, but are not limited to:
  143         a. Permitting and other existing regulatory programs,
  144  including water-quality-based effluent limitations;
  145         b. Nonregulatory and incentive-based programs, including
  146  best management practices, cost sharing, waste minimization,
  147  pollution prevention, agreements established pursuant to s.
  148  403.061(21), and public education;
  149         c. Other water quality management and restoration
  150  activities, for example surface water improvement and management
  151  plans approved by water management districts or basin management
  152  action plans developed pursuant to this subsection;
  153         d. Trading of water quality credits or other equitable
  154  economically based agreements;
  155         e. Public works including capital facilities; or
  156         f. Land acquisition.
  157         2. For a basin management action plan adopted pursuant to
  158  paragraph (a), any management strategies and pollutant reduction
  159  requirements associated with a pollutant of concern for which a
  160  total maximum daily load has been developed, including effluent
  161  limits set forth for a discharger subject to NPDES permitting,
  162  if any, must be included in a timely manner in subsequent NPDES
  163  permits or permit modifications for that discharger. The
  164  department may not impose limits or conditions implementing an
  165  adopted total maximum daily load in an NPDES permit until the
  166  permit expires, the discharge is modified, or the permit is
  167  reopened pursuant to an adopted basin management action plan.
  168         a. Absent a detailed allocation, total maximum daily loads
  169  must be implemented through NPDES permit conditions that provide
  170  for a compliance schedule. In such instances, a facility’s NPDES
  171  permit must allow time for the issuance of an order adopting the
  172  basin management action plan. The time allowed for the issuance
  173  of an order adopting the plan may not exceed 5 years. Upon
  174  issuance of an order adopting the plan, the permit must be
  175  reopened or renewed, as necessary, and permit conditions
  176  consistent with the plan must be established. Notwithstanding
  177  the other provisions of this subparagraph, upon request by an
  178  NPDES permittee, the department as part of a permit issuance,
  179  renewal, or modification may establish individual allocations
  180  before the adoption of a basin management action plan.
  181         b. For holders of NPDES municipal separate storm sewer
  182  system permits and other stormwater sources, implementation of a
  183  total maximum daily load or basin management action plan must be
  184  achieved, to the maximum extent practicable, through the use of
  185  best management practices or other management measures.
  186         c. The basin management action plan does not relieve the
  187  discharger from any requirement to obtain, renew, or modify an
  188  NPDES permit or to abide by other requirements of the permit.
  189         d. Management strategies set forth in a basin management
  190  action plan to be implemented by a discharger subject to
  191  permitting by the department must be completed pursuant to the
  192  schedule set forth in the basin management action plan. This
  193  implementation schedule may extend beyond the 5-year term of an
  194  NPDES permit.
  195         e. Management strategies and pollution reduction
  196  requirements set forth in a basin management action plan for a
  197  specific pollutant of concern are not subject to challenge under
  198  chapter 120 at the time they are incorporated, in an identical
  199  form, into a subsequent NPDES permit or permit modification.
  200         f. For nonagricultural pollutant sources not subject to
  201  NPDES permitting but permitted pursuant to other state,
  202  regional, or local water quality programs, the pollutant
  203  reduction actions adopted in a basin management action plan must
  204  be implemented to the maximum extent practicable as part of
  205  those permitting programs.
  206         g. A nonpoint source discharger included in a basin
  207  management action plan must demonstrate compliance with the
  208  pollutant reductions established under subsection (6) by
  209  implementing the appropriate best management practices
  210  established pursuant to paragraph (c) or conducting water
  211  quality monitoring prescribed by the department or a water
  212  management district. A nonpoint source discharger may, in
  213  accordance with department rules, supplement the implementation
  214  of best management practices with water quality credit trades in
  215  order to demonstrate compliance with the pollutant reductions
  216  established under subsection (6).
  217         h. A nonpoint source discharger included in a basin
  218  management action plan may be subject to enforcement action by
  219  the department or a water management district based upon a
  220  failure to implement the responsibilities set forth in sub
  221  subparagraph g.
  222         i. A landowner, discharger, or other responsible person who
  223  is implementing applicable management strategies specified in an
  224  adopted basin management action plan may not be required by
  225  permit, enforcement action, or otherwise to implement additional
  226  management strategies, including water quality credit trading,
  227  to reduce pollutant loads to attain the pollutant reductions
  228  established pursuant to subsection (6) and shall be deemed to be
  229  in compliance with this section. This subparagraph does not
  230  limit the authority of the department to amend a basin
  231  management action plan as specified in subparagraph (a)6.
  232         (c) Best management practices.—
  233         1. The department, in cooperation with the water management
  234  districts and other interested parties, as appropriate, may
  235  develop suitable interim measures, best management practices, or
  236  other measures necessary to achieve the level of pollution
  237  reduction established by the department for nonagricultural
  238  nonpoint pollutant sources in allocations developed pursuant to
  239  subsection (6) and this subsection. These practices and measures
  240  may be adopted by rule by the department and the water
  241  management districts and, when where adopted by rule, shall be
  242  implemented by those parties responsible for nonagricultural
  243  nonpoint source pollution.
  244         2. The Department of Agriculture and Consumer Services may
  245  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
  246  suitable interim measures, best management practices, or other
  247  measures necessary to achieve the level of pollution reduction
  248  established by the department for agricultural pollutant sources
  249  in allocations developed pursuant to subsection (6) and this
  250  subsection or for programs implemented pursuant to paragraph
  251  (12)(b). These practices and measures may be implemented by
  252  those parties responsible for agricultural pollutant sources and
  253  the department, the water management districts, and the
  254  Department of Agriculture and Consumer Services shall assist
  255  with implementation. In the process of developing and adopting
  256  rules for interim measures, best management practices, or other
  257  measures, the Department of Agriculture and Consumer Services
  258  shall consult with the department, the Department of Health, the
  259  water management districts, representatives from affected
  260  farming groups, and environmental group representatives. Such
  261  rules must also incorporate provisions for a notice of intent to
  262  implement the practices and a system to assure the
  263  implementation of the practices, including site inspection and
  264  recordkeeping requirements.
  265         3. When Where interim measures, best management practices,
  266  or other measures are adopted by rule, the effectiveness of such
  267  practices in achieving the levels of pollution reduction
  268  established in allocations developed by the department pursuant
  269  to subsection (6) and this subsection or in programs implemented
  270  pursuant to paragraph (12)(b) must be verified at representative
  271  sites by the department. The department shall use best
  272  professional judgment in making the initial verification that
  273  the best management practices are reasonably expected to be
  274  effective and, where applicable, must notify the appropriate
  275  water management district or the Department of Agriculture and
  276  Consumer Services of its initial verification before the
  277  adoption of a rule proposed pursuant to this paragraph.
  278  Implementation, in accordance with rules adopted under this
  279  paragraph, of practices that have been initially verified to be
  280  effective, or verified to be effective by monitoring at
  281  representative sites, by the department, shall provide a
  282  presumption of compliance with state water quality standards and
  283  release from the provisions of s. 376.307(5) for those
  284  pollutants addressed by the practices, and the department is not
  285  authorized to institute proceedings against the owner of the
  286  source of pollution to recover costs or damages associated with
  287  the contamination of surface water or groundwater caused by
  288  those pollutants. Research projects funded by the department, a
  289  water management district, or the Department of Agriculture and
  290  Consumer Services to develop or demonstrate interim measures or
  291  best management practices shall be granted a presumption of
  292  compliance with state water quality standards and a release from
  293  the provisions of s. 376.307(5). The presumption of compliance
  294  and release is limited to the research site and only for those
  295  pollutants addressed by the interim measures or best management
  296  practices. Eligibility for the presumption of compliance and
  297  release is limited to research projects on sites where the owner
  298  or operator of the research site and the department, a water
  299  management district, or the Department of Agriculture and
  300  Consumer Services have entered into a contract or other
  301  agreement that, at a minimum, specifies the research objectives,
  302  the cost-share responsibilities of the parties, and a schedule
  303  that details the beginning and ending dates of the project.
  304         4. When Where water quality problems are demonstrated,
  305  despite the appropriate implementation, operation, and
  306  maintenance of best management practices and other measures
  307  required by rules adopted under this paragraph, the department,
  308  a water management district, or the Department of Agriculture
  309  and Consumer Services, in consultation with the department,
  310  shall institute a reevaluation of the best management practice
  311  or other measure. Should the reevaluation determine that the
  312  best management practice or other measure requires modification,
  313  the department, a water management district, or the Department
  314  of Agriculture and Consumer Services, as appropriate, shall
  315  revise the rule to require implementation of the modified
  316  practice within a reasonable time period as specified in the
  317  rule.
  318         5. Agricultural records relating to processes or methods of
  319  production, costs of production, profits, or other financial
  320  information held by the Department of Agriculture and Consumer
  321  Services pursuant to subparagraphs 3. and 4. or pursuant to any
  322  rule adopted pursuant to subparagraph 2. are confidential and
  323  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  324  Constitution. Upon request, records made confidential and exempt
  325  pursuant to this subparagraph shall be released to the
  326  department or any water management district provided that the
  327  confidentiality specified by this subparagraph for such records
  328  is maintained.
  329         6. The provisions of Subparagraphs 1. and 2. do not
  330  preclude the department or water management district from
  331  requiring compliance with water quality standards or with
  332  current best management practice requirements set forth in any
  333  applicable regulatory program authorized by law for the purpose
  334  of protecting water quality. Additionally, subparagraphs 1. and
  335  2. are applicable only to the extent that they do not conflict
  336  with any rules adopted by the department that are necessary to
  337  maintain a federally delegated or approved program.
  338         (d) Enforcement and verification of basin management action
  339  plans and management strategies.—
  340         1. Basin management action plans are enforceable pursuant
  341  to this section and ss. 403.121, 403.141, and 403.161.
  342  Management strategies, including best management practices and
  343  water quality monitoring, are enforceable under this chapter.
  344         2. No later than January 1, 2017:
  345         a. The department, in consultation with the water
  346  management districts and the Department of Agriculture and
  347  Consumer Services, shall initiate rulemaking to adopt procedures
  348  to verify implementation of water quality monitoring required in
  349  lieu of implementation of best management practices or other
  350  measures pursuant to sub-subparagraph (b)2.g.;
  351         b. The department, in consultation with the water
  352  management districts and the Department of Agriculture and
  353  Consumer Services, shall initiate rulemaking to adopt procedures
  354  to verify implementation of nonagricultural interim measures,
  355  best management practices, or other measures adopted by rule
  356  pursuant to subparagraph (c)1.; and
  357         c. The Department of Agriculture and Consumer Services, in
  358  consultation with the water management districts and the
  359  department, shall initiate rulemaking to adopt procedures to
  360  verify implementation of agricultural interim measures, best
  361  management practices, or other measures adopted by rule pursuant
  362  to subparagraph (c)2.
  363  
  364  The rules required under this subparagraph shall include
  365  enforcement procedures applicable to the landowner, discharger,
  366  or other responsible person required to implement applicable
  367  management strategies, including best management practices or
  368  water quality monitoring as a result of noncompliance.
  369         3.A nonagricultural and agricultural nonpoint source owner
  370  or operator who discharges into a basin included in an adopted
  371  basin management action plan must comply with the following, as
  372  applicable, within 5 years after the date of the adoption of the
  373  basin management action plan or an amendment thereto that
  374  imposes new requirements:
  375         a.For a nonagricultural nonpoint source discharger,
  376  nonagricultural interim measures, nonagricultural best
  377  management practices, or other measures adopted by rule pursuant
  378  to subparagraph (c)1. or management measures adopted in a basin
  379  management action plan.
  380         b.For an agricultural nonpoint source discharger,
  381  agricultural interim measures, agricultural best management
  382  practices, or other measures adopted by rule pursuant to
  383  subparagraph (c)2. and implemented according to a notice of
  384  intent filed by the agricultural nonpoint source discharger.
  385         c.For an agricultural and nonagricultural nonpoint source
  386  discharger who opts to implement water quality monitoring in
  387  lieu of compliance with sub-subparagraph a. or sub-subparagraph
  388  b., water quality monitoring required under sub-subparagraph
  389  (b)2.g.
  390         4.Implementation of actions in subparagraph 3. shall be
  391  verified by a site visit at least once every 2 years by the
  392  responsible agency as follows:
  393         a.For nonagricultural interim measures, nonagricultural
  394  best management practices, or other measures adopted by rule
  395  pursuant to subparagraph (c)1., verification by the department
  396  or water management district, as appropriate.
  397         b.For agricultural interim measures, agricultural best
  398  management practices, or other measures adopted by rule pursuant
  399  to subparagraph (c)2., verification by the Department of
  400  Agriculture and Consumer Services.
  401         c.For management measures adopted in a basin management
  402  action plan, verification by the department.
  403  
  404  If verification pursuant to this subparagraph cannot be
  405  accomplished every 2 years, the responsible agency shall include
  406  recommendations for meeting the intent of the verification along
  407  with a budget request as part of the progress report required
  408  under s. 403.0675.
  409         (e)Cooperative agricultural regional water quality
  410  improvement element.
  411         1.The department, the Department of Agriculture and
  412  Consumer Services, and owners of agricultural operations in the
  413  basin shall develop a cooperative agricultural regional water
  414  quality improvement element as part of a basin management action
  415  plan only if:
  416         a.Agricultural measures have been adopted by the
  417  Department of Agriculture and Consumer Services pursuant to
  418  subparagraph (c)2. and have been implemented and the waterbody
  419  remains impaired;
  420         b.Agricultural nonpoint sources contribute to at least 20
  421  percent of nonpoint source nutrient discharges; and
  422         c.The department determines that additional measures, in
  423  combination with state-sponsored regional projects and other
  424  management strategies included in the basin management action
  425  plan, are necessary to achieve the total maximum daily load.
  426         2.The element will be implemented through a cost-sharing
  427  program as provided by law. The element must include cost
  428  effective and technically and financially practical cooperative
  429  regional agricultural nutrient reduction projects that can be
  430  implemented on private properties on a site-specific,
  431  cooperative basis if funding is made available as provided by
  432  law. Such cooperative regional agricultural nutrient reduction
  433  projects may include land acquisition in fee or conservation
  434  easements on the lands of willing sellers and site-specific
  435  water quality improvement or dispersed water management projects
  436  on the lands of program participants.
  437         3.To qualify for participation in the cooperative
  438  agricultural regional water quality improvement element, the
  439  participant must have already implemented the interim measures,
  440  best management practices, or other measures adopted by the
  441  Department of Agriculture and Consumer Services pursuant to
  442  subparagraph (c)2. The element may be included in the basin
  443  management action plan as a part of the next 5-year assessment
  444  under subparagraph (a)6.
  445         (f)Cooperative urban, suburban, commercial, or
  446  institutional regional water quality improvement element.
  447         1.The department, the Department of Health, local
  448  governments, and water management districts with jurisdiction in
  449  the basin shall develop a cooperative urban, suburban,
  450  commercial, or institutional regional water quality improvement
  451  element as part of a basin management action plan in which:
  452         a.Nonagricultural interim measures and nonagricultural
  453  best management practices have been implemented and the
  454  waterbody remains impaired;
  455         b.Nonagricultural nonpoint sources contribute to at least
  456  20 percent of nonpoint source nutrient discharges; and
  457         c.The department determines that additional measures, in
  458  combination with state-sponsored regional projects and other
  459  management strategies included in the basin management action
  460  plan, are necessary to achieve the total maximum daily load.
  461         2.The element shall be implemented through a cost-sharing
  462  program as provided by general law. The element must include
  463  cost-effective and technically and financially practical
  464  cooperative regional nutrient reduction projects that can be
  465  implemented on urban, suburban, commercial, or institutional
  466  properties if funding is made available as provided by general
  467  law. The element must be included in the basin management action
  468  plan as a part of the next 5-year assessment under subparagraph
  469  (a)6.
  470         (g)Data collection and research.
  471         1.The Department of Agriculture and Consumer Services
  472  shall work with the department to improve the accuracy of data
  473  used to estimate agricultural land uses in the basin management
  474  action plan and work with producers to identify agricultural
  475  technologies that are cost-effective and technically and
  476  financially practical and could be implemented on agricultural
  477  lands if funding is made available as provided by general law.
  478         2.The University of Florida Institute of Food and
  479  Agricultural Sciences shall work with the Department of
  480  Agriculture and Consumer Services to develop a research plan and
  481  a legislative budget request to:
  482         a.Evaluate and, if cost-effective and technically and
  483  financially practical, suggest enhancements to adopted best
  484  management practices;
  485         b.Develop new best management practices that are cost
  486  effective and technically and financially practical and that,
  487  when proven, can be considered by the Department of Agriculture
  488  and Consumer Services for rule adoption pursuant to paragraph
  489  (c); and
  490         c.Develop technically and financially practical
  491  cooperative agricultural nutrient reduction projects to be
  492  considered by the department for inclusion in a basin management
  493  action plan pursuant to paragraph (e) that will reduce the
  494  nutrient impacts from agricultural operations on surface and
  495  groundwater quality.
  496         3.The department shall work with the University of Florida
  497  Institute of Food and Agricultural Sciences and regulated
  498  entities to consider the adoption by rule of best management
  499  practices for nutrient impacts from golf courses. Such adopted
  500  best management practices are subject to the requirements of
  501  paragraph (c).
  502         (14)NUTRIENT REDUCTION COST-SHARE PROGRAM.—A nutrient
  503  reduction cost-share program is established within the
  504  department.
  505         (a)Subject to appropriation, the department may provide
  506  funding for the following projects in a basin management action
  507  plan or an alternative restoration plan that will individually
  508  or collectively reduce nutrient pollution:
  509         1.Projects to retrofit onsite sewage treatment and
  510  disposal systems.
  511         2.Projects to construct, upgrade, or expand facilities to
  512  provide advanced waste treatment as defined in s. 403.086(4).
  513         3.Projects to connect onsite sewage treatment and disposal
  514  systems to central sewer facilities.
  515         4.Projects identified in the cooperative urban, suburban,
  516  commercial, or institutional regional water quality improvement
  517  element pursuant to paragraph (7)(f).
  518         5.Projects identified in the cooperative agricultural
  519  regional water quality improvement element pursuant to paragraph
  520  (7)(e).
  521         6.Data collection and research activities identified in
  522  paragraph (7)(g).
  523         (b)In allocating funds for projects, the department shall
  524  prioritize projects in subbasins with the highest nutrient
  525  concentrations within a basin management action plan and
  526  projects that are identified in subparagraphs (a)1.-5. For
  527  projects identified in subparagraphs (a)1.-4., further
  528  prioritization must be given to projects that subsidize the
  529  connection of onsite sewage treatment and disposal systems to a
  530  wastewater treatment plant or that subsidize inspections and
  531  assessments of onsite sewage treatment and disposal systems.
  532         (c)In determining the priority of projects pursuant to
  533  paragraph (b), the department shall consider the following for
  534  each project:
  535         1.The estimated reduction in nutrient load.
  536         2.Readiness.
  537         3.Cost-effectiveness.
  538         4.Overall environmental benefit.
  539         5.The location within the plan area.
  540         6.The availability of local matching funds.
  541         7.Projected water savings or water quantity improvements.
  542         (d)Each project described in subparagraphs (a)1.-3. must
  543  require a minimum of 50 percent local matching funds. However,
  544  the department may, at its discretion, waive, in whole or in
  545  part, consideration of the local contribution for proposed
  546  projects within an area designated as a rural area of
  547  opportunity as defined in s. 288.0656(2).
  548         (e)The department shall coordinate with the Department of
  549  Agriculture and Consumer Services, the University of Florida
  550  Institute of Food and Agricultural Sciences, and each water
  551  management district, as necessary, in allocating funds
  552  appropriated pursuant to paragraph (a).
  553         (f)Beginning January 1, 2021, and each January 1
  554  thereafter, the department shall submit a report regarding the
  555  projects funded pursuant to this subsection to the Governor, the
  556  President of the Senate, and the Speaker of the House of
  557  Representatives.
  558         (g)The nutrient reduction cost-share program is in
  559  addition to, and does not replace, existing funding
  560  authorizations.
  561         (15)RURAL HOMESTEADS.—
  562         (a)The Legislature recognizes that lands classified as
  563  agricultural by property appraisers may include rural homesteads
  564  in addition to producing agricultural lands. It is the intent of
  565  the Legislature to support those who seek to establish and
  566  maintain rural homesteads and focus on a sustainable, self
  567  supporting lifestyle.
  568         (b)As used in this subsection, the term “rural homesteads”
  569  means low-density rural residential properties up to 50 acres in
  570  size which are homesites and noncommercial in nature that
  571  include single-family homes and accessory structures together
  572  with the keeping of livestock, horses, traditional farm animals
  573  and poultry, and the planting and maintenance of groves and
  574  gardens for the primary purpose of serving the needs and
  575  interests of those living on the property.
  576         (c)Rural homesteads are not subject to the requirements of
  577  paragraph (7)(c). However, if any activity on a rural homestead
  578  rises to the level of bona fide agricultural activity and is
  579  classified as agricultural use pursuant to s. 193.461, the land
  580  owner must comply with the requirements of paragraph (7)(c).
  581         Section 2. Section 403.0675, Florida Statutes, is amended
  582  to read:
  583         403.0675 Progress reports.—On or before July 1 of each
  584  year, beginning in 2018:
  585         (1) On or before July 1 of each year:
  586         (a)Beginning in 2018, the department, in conjunction with
  587  the water management districts, shall post on its website and
  588  submit electronically an annual progress report to the Governor,
  589  the President of the Senate, and the Speaker of the House of
  590  Representatives on the status of each total maximum daily load,
  591  basin management action plan, minimum flow or minimum water
  592  level, and recovery or prevention strategy adopted pursuant to
  593  s. 403.067 or parts I and VIII of chapter 373. The report must
  594  include the status of each project identified to achieve a total
  595  maximum daily load or an adopted minimum flow or minimum water
  596  level, as applicable. If a report indicates that any of the 5
  597  year, 10-year, or 15-year milestones, or the 20-year target
  598  date, if applicable, for achieving a total maximum daily load or
  599  a minimum flow or minimum water level will not be met, the
  600  report must include an explanation of the possible causes and
  601  potential solutions. If applicable, the report must include
  602  project descriptions, estimated costs, proposed priority ranking
  603  for project implementation, and funding needed to achieve the
  604  total maximum daily load or the minimum flow or minimum water
  605  level by the target date. Each water management district shall
  606  post the department’s report on its website.
  607         (b)Beginning in 2021, the department shall include in the
  608  report required under paragraph (a):
  609         1.The status of the results of verification of the
  610  stormwater systems and nonagricultural best management
  611  practices.
  612         2.The number of landowners, dischargers, or other
  613  responsible persons required to implement applicable management
  614  strategies, including best management practices or water quality
  615  monitoring, who did not comply with such requirements.
  616         (2)(a) The Department of Agriculture and Consumer Services
  617  shall post on its website and submit electronically an annual
  618  progress report to the Governor, the President of the Senate,
  619  and the Speaker of the House of Representatives on the status of
  620  the implementation of the agricultural nonpoint source best
  621  management practices, including an implementation assurance
  622  report summarizing survey responses and response rates, site
  623  inspections, and other methods used to verify implementation of
  624  and compliance with best management practices pursuant to basin
  625  management action plans.
  626         (b)Beginning July 1, 2021, and each July 1 thereafter, the
  627  Department of Agriculture and Consumer Services shall include in
  628  the progress report required under paragraph (a) a status of the
  629  results of implementation of agricultural nonpoint source best
  630  management practices in the following categories:
  631         1.Irrigated and nonirrigated agricultural acres.
  632         2.Fallow agricultural acres.
  633         3.Agricultural parcels of fewer than 50 acres, excluding
  634  rural homesteads as defined in s. 403.067(15).
  635         (3)For the progress reports submitted on July 1, 2021, and
  636  July 1, 2022, the department and the Department of Agriculture
  637  and Consumer Services shall address the priority focus areas
  638  identified in the basin management action plans.
  639         Section 3. Subsection (9) is added to section 403.412,
  640  Florida Statutes, to read:
  641         403.412 Environmental Protection Act.—
  642         (9)(a)A local government regulation, ordinance, code,
  643  rule, comprehensive plan, or charter may not recognize, grant,
  644  convey, or extend legal standing or legal rights, as those terms
  645  are generally construed, to a plant, an animal, a body of water,
  646  or any other part of the natural environment which is not a
  647  person or a political subdivision as defined in s. 1.01(8),
  648  unless otherwise specifically authorized by state law or the
  649  State Constitution.
  650         (b)This subsection may not be interpreted or construed to
  651  do any of the following:
  652         1.Limit the ability of the Department of Legal Affairs,
  653  any political subdivision of the state, or a resident of this
  654  state to maintain an action for injunctive relief as provided in
  655  this section.
  656         2.Limit the ability of an aggrieved or adversely affected
  657  party to appeal and challenge the consistency of a development
  658  order with a comprehensive plan, as provided in s. 163.3215, or
  659  to file an action for injunctive relief to enforce the terms of
  660  a development agreement or to challenge compliance of the
  661  agreement with the Florida Local Government Development
  662  Agreement Act, as provided in s. 163.3243.
  663         Section 4. This act shall take effect July 1, 2020.
  664  
  665  ================= T I T L E  A M E N D M E N T ================
  666  And the title is amended as follows:
  667         Delete everything before the enacting clause
  668  and insert:
  669                        A bill to be entitled                      
  670         An act relating to environmental resource management;
  671         amending s. 403.067, F.S.; providing additional
  672         management strategies for basin management action
  673         plans; requiring certain basin management action plans
  674         to include certain cooperative regional water quality
  675         improvement elements; providing requirements for the
  676         Department of Environmental Protection, the Department
  677         of Agriculture and Consumer Services, and owners of
  678         agricultural operations in developing and implementing
  679         such elements; requiring the Department of Agriculture
  680         and Consumer Services to work with the Department of
  681         Environmental Protection to improve the accuracy of
  682         data used to estimate certain agricultural land uses
  683         and to work with producers to identify certain
  684         agricultural technologies; requiring the University of
  685         Florida Institute of Food and Agricultural Sciences to
  686         work with the Department of Agriculture and Consumer
  687         Services to develop a specified research plan and a
  688         legislative budget request; requiring the Department
  689         of Environmental Protection to work with the
  690         University of Florida Institute of Food and
  691         Agricultural Sciences to consider the adoption of best
  692         management practices for nutrient impacts from golf
  693         courses; establishing a nutrient reduction cost-share
  694         program within the Department of Environmental
  695         Protection; providing requirements for such program;
  696         providing legislative intent regarding rural
  697         homesteads; defining the term “rural homesteads”;
  698         exempting such homesteads from certain best management
  699         practices under certain conditions; amending s.
  700         403.0675, F.S.; requiring the Department of
  701         Environmental Protection and the Department of
  702         Agriculture and Consumer Services to include specified
  703         information in annual progress reports for basin
  704         management action plans; amending s. 403.412, F.S.;
  705         prohibiting local governments from recognizing,
  706         granting, conveying, or extending legal rights or
  707         legal standing to animals or certain parts of the
  708         natural environment under certain circumstances;
  709         providing construction; providing an effective date.