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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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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