HB 1463 2003
1	CHAMBER ACTION
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6	The Committee on Natural Resources recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Lake Okeechobee Watershed
12	Phosphorus Control Program; creating s. 373.45951, F.S.;
13	providing legislative findings and intent; authorizing the
14	Department of Agriculture and Consumer Services to provide
15	financial assistance to certain projects that benefit the
16	program's intent; providing for the adoption of rules;
17	requiring the department to submit an annual report to the
18	Governor and Legislature; providing an effective date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. Section 373.45951, Florida Statutes, is created
23	to read:
24	373.45951 Lake Okeechobee Watershed Phosphorus Control.--
25	(1)(a) The Legislature finds that in order to achieve the
26	goals and objectives of s. 373.4595, and to effectively
27	implement the Lake Okeechobee Watershed Phosphorus Control
28	Program pursuant to s. 373.4595(3)(c), the state must
29	expeditiously develop and implement comprehensive nutrient
30	management plans for dairies and other agricultural operations
31	that are contributing to the phosphorus loads from the Lake
32	Okeechobee watershed.
33	(b) The Legislature also finds that a continuing source of
34	funding is needed to effectively implement a phosphorus control
35	program that initially targets the most significant sources
36	contributing to phosphorus loads within the watershed and that
37	continues to address other sources as needed to achieve the
38	phased phosphorus load reductions required by s. 373.4595.
39	(c) The Legislature intends to provide funding on a
40	continuing basis for the purpose of implementing phosphorus
41	control measures within the Lake Okeechobee watershed and also
42	intends that dairies receive priority attention in implementing
43	this section.
44	(2)(a) The Department of Agriculture and Consumer Services
45	may provide grants and loans for projects that reduce phosphorus
46	loads by improving the management of agricultural phosphorus
47	sources in the Lake Okeechobee watershed. Grants may provide up
48	to 75 percent of the costs of a project, and loans may be used
49	for the balance of the costs. This financial assistance must be
50	administered in accordance with this section and other
51	applicable law. The Department of Agriculture and Consumer
52	Services may adopt rules to implement this section.
53	Notwithstanding s. 18.10, the Department of Agriculture and
54	Consumer Services may deposit funds in financial institutions
55	that earn less than the prevailing rate for United States
56	Treasury securities with corresponding maturities to enable such
57	financial institutions to make below-market interest rate loans
58	to entities that receive financial assistance under this
59	section.
60	(b) Projects shall be ranked based upon their potential
61	for phosphorus reduction and funded in priority order. Project
62	rankings shall be determined through a comprehensive nutrient
63	management assessment that determines discharge water quality
64	for each project site. The Department of Agriculture and
65	Consumer Services, in cooperation with the department and the
66	South Florida Water Management District, shall assign the
67	highest priority to those projects that are located on sites
68	that have the highest relative contributions to phosphorus
69	loading and the greatest potential for phosphorus reductions,
70	but may also consider the need to achieve regulatory compliance,
71	the project's readiness to proceed, and the availability of
72	federal or other nonstate funding, including public-private
73	partnerships. Federal funding shall be maximized to the greatest
74	extent practicable.
75	(3) Each January 1, beginning in 2004, the Department of
76	Agriculture and Consumer Services shall submit to the Governor,
77	the President of the Senate, and the Speaker of the House of
78	Representatives an annual progress report regarding
79	implementation of this section. The report must include a
80	prioritized list of projects funded pursuant to this section,
81	indicating which projects have been completed and the projects'
82	costs and which projects are yet to be completed and the
83	projects' estimated costs. This report may be incorporated into
84	the annual report required pursuant to s. 373.4595(3)(g).
85	Section 2. This act shall take effect July 1, 2003.