Senate Bill sb1644

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    Florida Senate - 2003                                  SB 1644

    By Senator Argenziano





    3-547A-03

  1                      A bill to be entitled

  2         An act relating to nitrate and phosphorus

  3         fertilizers; amending s. 576.045, F.S.;

  4         providing legislative findings and intent with

  5         respect to protecting the state's water

  6         resources; requiring that persons licensed to

  7         distribute fertilizer pay a fee on fertilizer

  8         containing phosphorus; revising the purposes

  9         for which the Department of Agriculture and

10         Consumer Services may use the proceeds of fees

11         levied against persons licensed to distribute

12         fertilizer; providing that implementation of

13         best-management practices or certain other

14         measures acts as a release from certain

15         requirements and provides a presumption of

16         compliance with water quality standards;

17         revising requirements for the department with

18         respect to adopting rules; revising the dates

19         for the expiration of certain provisions;

20         providing an effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Section 576.045, Florida Statutes, is

25  amended to read:

26         576.045  Nitrate and phosphorus; findings and intent;

27  fees; purpose; best-management practices; waiver of liability;

28  compliance; rules; report; exclusions; expiration.--

29         (1)  FINDINGS AND INTENT.--

30         (a)  The Legislature finds that nitrate and phosphorus

31  residues have been found in groundwater, surface water, and

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    Florida Senate - 2003                                  SB 1644
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  1  drinking water in various areas throughout the state at levels

  2  in excess of established water quality standards. The

  3  Legislature further finds that some fertilization practices

  4  could be a source of nitrate and phosphorus contamination.

  5         (b)  It is the intent of the Legislature to improve

  6  fertilization fertilizer-management practices as soon as

  7  practicable in a way that protects the state's water resources

  8  and preserves a viable agricultural industry. This goal is to

  9  be accomplished through research concerning best-management

10  practices and education and incentives for the agricultural

11  industry and other major users of fertilizer.

12         (2)  FEES.--

13         (a)  In addition to the fees imposed under ss. 576.021

14  and 576.041, the following supplemental fees shall be

15  collected and paid by licensees for the sole purpose of

16  implementing this section:

17         1.  One hundred dollars for each license to distribute

18  fertilizer.

19         2.  One hundred dollars for each of the first five

20  specialty fertilizer registrations and $25 for each

21  registration after the first five.

22         3.  Fifty cents per ton for all fertilizer that

23  contains nitrogen or phosphorus and that is sold in this

24  state.

25         (b)  All fees paid to the department under this section

26  are due and payable at the same time and in the same manner as

27  the fees specified in ss. 576.021 and 576.041 and are subject

28  to all provisions contained in those sections.

29         (c)  All fees paid under this section must be deposited

30  into the General Inspection Trust Fund and are exempt from the

31  provisions of s. 215.20. These funds are to be appropriated

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    Florida Senate - 2003                                  SB 1644
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  1  annually to the department and allocated according to a

  2  memorandum of understanding between the department and the

  3  Department of Environmental Protection to be adopted by

  4  October 1, 1994. The allocation of indirect costs to these

  5  funds by any state agency is specifically prohibited.

  6         (3)  PURPOSE.--The funds collected pursuant to

  7  subsection (2) must be used by the department consistent with

  8  the process provided in s. 403.067 for the sole purpose of:

  9         (a)  Research, development, demonstration, and

10  implementation of suitable best-management practices or other

11  measures used to achieve water quality standards.

12  Implementation of best-management practices and other measures

13  may include cost-sharing grants, technical assistance,

14  implementation tracking, and conservation leases or other

15  agreements for water quality improvement. Contracting, where

16  appropriate, with the Institute of Food and Agricultural

17  Sciences at the University of Florida and the College of

18  Engineering, Science, Technology, and Agriculture at Florida

19  Agricultural and Mechanical University to conduct research

20  relating to best-management practices designed to prevent

21  nitrates from fertilizers or other soil-applied nutritional

22  materials from entering groundwater at levels in excess of

23  state water quality standards. Such contracts must be for

24  fixed periods of time and must require interim reports

25  concerning the progress of the research.

26         (b)  Approving, adopting, publishing, and distributing

27  best-management practices. In the process of approving and

28  adopting best-management practices, the department shall

29  consult with the Department of Environmental Protection, the

30  Department of Health, the water management districts,

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  1  environmental groups, the fertilizer industry, and

  2  representatives from the affected farming groups.

  3         (b)(c)  Reimbursing the Water Quality Assurance Trust

  4  Fund for costs incurred by the Department of Environmental

  5  Protection for:

  6         1.  Monitoring and verifying the effectiveness of the

  7  best-management practices approved and adopted under paragraph

  8  (b) at representative sites. The Department of Environmental

  9  Protection shall use its best professional judgment in making

10  the initial determination of the effectiveness of the

11  best-management practices.

12         2.  Sampling, analysis, and restoration of potable

13  water supplies, pursuant to s. 376.307, found to contain

14  levels of nitrate in excess of state water quality standards,

15  which excess is determined to be the result of the application

16  of fertilizers or other soil-applied nutritional materials

17  containing nitrogen.

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19  This subsection must be implemented through a memorandum of

20  understanding between the department and the Department of

21  Environmental Protection to be adopted by October 1, 1994.

22         (4)  WAIVER OF LIABILITY AND PRESUMPTION OF

23  COMPLIANCE.--Implementation of best-management practices or

24  other measures adopted by rule under this section shall

25  provide a release from the provisions of s. 376.307(5) and a

26  presumption of compliance with state water quality standards

27  as provided in s. 403.067. Notwithstanding any provision of

28  law, the Department of Environmental Protection is not

29  authorized to institute proceedings against any person under

30  the provisions of s. 376.307(5) to recover any costs or

31  damages associated with nitrate contamination of groundwater,

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  1  or the evaluation, assessment, or remediation of nitrate

  2  contamination of groundwater, including sampling, analysis,

  3  and restoration of potable water supplies, where the nitrate

  4  contamination of groundwater is determined to be the result of

  5  the application of fertilizers or other soil-applied

  6  nutritional materials containing nitrogen, provided the

  7  property owner or leaseholder:

  8         (a)1.  Provides the department with a notice of intent

  9  to implement applicable best-management practices adopted by

10  the department;

11         2.  Implements applicable best-management practices as

12  soon as practicable according to rules adopted by the

13  department or no longer applies fertilizers or other

14  soil-applied nutritional materials containing nitrogen; and

15         3.  Implements practicable interim measures identified

16  and adopted by the department which can be implemented

17  immediately or according to rules adopted by the department;

18  or

19         (b)  No longer applies fertilizers or other

20  soil-applied nutritional materials containing nitrogen as of

21  the effective date of this section.

22         (5)  COMPLIANCE.--If the property owner or leaseholder

23  implements best-management practices that have been verified

24  by the Department of Environmental Protection to be effective

25  at representative sites and complies with the following, there

26  is a presumption of compliance with state nitrate groundwater

27  quality standards:

28         (a)1.  Provides the department with a notice of intent

29  to implement applicable best-management practices adopted by

30  the department;

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  1         2.  Implements applicable best-management practices as

  2  soon as practicable according to rules adopted by the

  3  department or no longer applies fertilizers or other

  4  soil-applied nutritional materials containing nitrogen; and

  5         3.  Implements practicable interim measures identified

  6  and adopted by the department which can be implemented

  7  immediately or according to rules adopted by the department;

  8  or

  9         (b)  No longer applies fertilizers or other

10  soil-applied nutritional materials containing nitrogen as of

11  the effective date of this section.

12         (5)(6)  RULEMAKING.--

13         (a)  As provided in s. 403.067(7)(d), the department,

14  in consultation with the Department of Environmental

15  Protection, the Department of Health, the water management

16  districts, and affected parties shall adopt rules for interim

17  measures, best-management practices, conservation plans,

18  nutrient management plans, or other measures necessary for

19  water quality improvement. environmental groups, the

20  fertilizer industry, and representatives from the affected

21  farming groups, shall adopt rules to:

22         1.  Specify the requirements of best-management

23  practices to be implemented by property owners and

24  leaseholders.

25         2.  Establish procedures for property owners and

26  leaseholders to submit the notice of intent to comply with

27  best-management practices.

28         3.  Establish schedules for implementation of

29  best-management practices, and of interim measures that can be

30  taken prior to adoption of best-management practices.

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  1         4.  Establish a system to assure the implementation of

  2  best-management practices, including recordkeeping

  3  requirements.

  4         (b)  Rules adopted pursuant to this subsection shall

  5  become effective pursuant to the applicable provisions of

  6  chapter 120, but must be submitted to the President of the

  7  Senate and the Speaker of the House of Representatives for

  8  review by the Legislature. The rules shall be referred to the

  9  appropriate committees of substance and scheduled for review

10  during the first available regular session following adoption.

11  Except as otherwise provided by operation of law, such rules

12  shall remain in effect until rejected or modified by act of

13  the Legislature.

14         (6)(7)  OTHER PROVISIONS.--

15         (a)  This section does not limit the authority of the

16  Department of Environmental Protection to regulate discharges

17  associated with the commercial feeding of livestock and

18  poultry defined in chapter 585, including that of dairy farm

19  and egg production operations, or the disposal of sludge,

20  residuals, or septage. This paragraph does not grant

21  additional authority to regulate these discharges.

22         (b)  This section does not limit federally delegated

23  regulatory authority.

24         (c)  The Department of Environmental Protection may

25  adopt rules to establish criteria for dairy farms which

26  provide reasonable assurance that state nitrate groundwater

27  quality standards will not be violated and which, provided

28  such criteria are met, shall prohibit the Department of

29  Environmental Protection from instituting proceedings against

30  any dairy farmer under the provisions of s. 376.307(5) and

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  1  shall provide a presumption of compliance with safe nitrate

  2  groundwater quality standards.

  3         (d)  This section, except for subsection (2), does not

  4  apply to the manufacture, mixing, or blending of fertilizer,

  5  including fertilizer containing sludge, residuals, or septage.

  6         (7)(8)  EXPIRATION OF PROVISIONS.--Subsection

  7  Subsections (1), (2) expires, (3), (4), and (6) expire on

  8  December 31, 2012 2003. Subsections (1), (3), (4), (5) and (6)

  9  (7) expire on December 31, 2017 2008.

10         Section 2.  This act shall take effect July 1, 2003.

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13                          SENATE SUMMARY

14    Requires that persons licensed to distribute fertilizer
      pay a fee of 50 cents per ton on fertilizer containing
15    phosphorus. Revises the purposes for which the Department
      of Agriculture and Consumer Services may use the proceeds
16    of fees levied against licensees. Revises compliance
      requirements for property owners or leaseholders with
17    respect to contamination of groundwater from fertilizers.
      Provides rulemaking authority. Changes the dates on which
18    certain provisions will expire. (See bill for details.)

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