HB 0509 2003
1	A bill to be entitled
2	An act relating to agricultural fertilizers; amending s.
3	576.045, F.S.; adding phosphorus contamination to the
4	water quality issues addressed by this section; including
5	surface water in the types of waters in which residues are
6	found; applying the provisions relating to nitrate
7	fertilizers to phosphorus-containing fertilizers;
8	including a fee for fertilizer that contains phosphorus;
9	providing purposes for use of collected funds; providing
10	that adopted rules be consistent with provisions of s.
11	403.067(7)(d), F.S.; revising dates for expiration of
12	certain provisions; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 576.045, Florida Statutes, is amended
17	to read:
18	576.045 Nitrate and phosphorus; findings and intent; fees;
19	purpose; best-management practices; waiver of liability;
20	compliance; rules; report;exclusions; expiration.--
21	(1) FINDINGS AND INTENT.--
22	(a) The Legislature finds that nitrate and phosphorus
23	residues have been found in groundwater, surface water,and
24	drinking water in various areas throughout the state at levels
25	in excess of established water quality standards. The
26	Legislature further finds that some fertilization practices
27	could be a source of nitrate and phosphoruscontamination.
28	(b) It is the intent of the Legislature to improve
29	fertilizationfertilizer-managementpractices as soon as
30	practicable in a way that protects the state's water resources
31	and preserves a viable agricultural industry. This goal is to be
32	accomplished through research concerning best-management
33	practices and education and incentives for the agricultural
34	industry and other major users of fertilizer.
35	(2) FEES.--
36	(a) In addition to the fees imposed under ss. 576.021 and
37	576.041, the following supplemental fees shall be collected and
38	paid by licensees for the sole purpose of implementing this
39	section:
40	1. One hundred dollars for each license to distribute
41	fertilizer.
42	2. One hundred dollars for each of the first five
43	specialty fertilizer registrations and $25 for each registration
44	after the first five.
45	3. Fifty cents per ton for all fertilizer that contains
46	nitrogen or phosphorusand that is sold in this state.
47	(b) All fees paid to the department under this section are
48	due and payable at the same time and in the same manner as the
49	fees specified in ss. 576.021 and 576.041 and are subject to all
50	provisions contained in those sections.
51	(c) All fees paid under this section must be deposited
52	into the General Inspection Trust Fund and are exempt from the
53	provisions of s. 215.20. These funds are to be appropriated
54	annually to the department and allocated according to a
55	memorandum of understanding between the department and the
56	Department of Environmental Protection to be adopted by October
57	1, 1994. The allocation of indirect costs to these funds by any
58	state agency is specifically prohibited.
59	(3) PURPOSE.--The funds collected pursuant to subsection
60	(2) must be used by the department consistent with the process
61	provided in s. 403.067 forby the department for the sole
62	purpose of:
63	(a) Research, development, demonstration, and
64	implementation of suitable best-management practices or other
65	measures used to achieve water quality standards. Implementation
66	of best-management practices and other measures may include
67	cost-sharing grants, technical assistance, implementation
68	tracking, and conservation leases or other agreements for water
69	quality improvement.Contracting, where appropriate, with the
70	Institute of Food and Agricultural Sciences at the University of
71	Florida and the College of Engineering, Science, Technology, and
72	Agriculture at Florida Agricultural and Mechanical University to
73	conduct research relating to best-management practices designed
74	to prevent nitrates from fertilizers or other soil-applied
75	nutritional materials from entering groundwater at levels in
76	excess of state water quality standards. Such contracts must be
77	for fixed periods of time and must require interim reports
78	concerning the progress of the research.
79	(b) Approving, adopting, publishing, and distributing
80	best-management practices. In the process of approving and
81	adopting best-management practices, the department shall consult
82	with the Department of Environmental Protection, the Department
83	of Health, the water management districts, environmental groups,
84	the fertilizer industry, and representatives from the affected
85	farming groups.
86	(b)(c)Reimbursement ofReimbursingthe Water Quality
87	Assurance Trust Fund for costs incurred by the Department of
88	Environmental Protection for:
89	1. Monitoring and verifying the effectiveness of the best-
90	management practices approved and adopted under paragraph (b)at
91	representative sites. The Department of Environmental Protection
92	shall use best professional judgment in making the initial
93	determination of best-management practice effectiveness.
94	2. Sampling, analysis, and restoration of potable water
95	supplies, pursuant to s. 376.307, found to contain levels of
96	nitrate in excess of state water quality standards, which excess
97	is determined to be the result of the application of fertilizers
98	or other soil-applied nutritional materials containing nitrogen.
99
100	This subsection must be implemented through a memorandum of
101	understanding between the department and the Department of
102	Environmental Protection to be adopted by October 1, 1994.
103	(4) WAIVER OF LIABILITY AND PRESUMPTION OF
104	COMPLIANCE.--Implementation of best-management practices or
105	other measures adopted by rule pursuant to this section shall
106	provide a release from the provisions of s. 376.307(5) and
107	presumption of compliance with state water quality standards as
108	provided in s. 403.067.Notwithstanding any provision of law,
109	the Department of Environmental Protection is not authorized to
110	institute proceedings against any person under the provisions of
111	s. 376.307(5) to recover any costs or damages associated with
112	nitrate contamination of groundwater, or the evaluation,
113	assessment, or remediation of nitrate contamination of
114	groundwater, including sampling, analysis, and restoration of
115	potable water supplies, where the nitrate contamination of
116	groundwater is determined to be the result of the application of
117	fertilizers or other soil-applied nutritional materials
118	containing nitrogen, provided the property owner or leaseholder:
119	(a)1. Provides the department with a notice of intent to
120	implement applicable best-management practices adopted by the
121	department;
122	2. Implements applicable best-management practices as soon
123	as practicable according to rules adopted by the department or
124	no longer applies fertilizers or other soil-applied nutritional
125	materials containing nitrogen; and
126	3. Implements practicable interim measures identified and
127	adopted by the department which can be implemented immediately
128	or according to rules adopted by the department; or
129	(b) No longer applies fertilizers or other soil-applied
130	nutritional materials containing nitrogen as of the effective
131	date of this section.
132	(5) COMPLIANCE.--If the property owner or leaseholder
133	implements best-management practices that have been verified by
134	the Department of Environmental Protection to be effective at
135	representative sites and complies with the following, there is a
136	presumption of compliance with state nitrate groundwater quality
137	standards:
138	(a)1. Provides the department with a notice of intent to
139	implement applicable best-management practices adopted by the
140	department;
141	2. Implements applicable best-management practices as soon
142	as practicable according to rules adopted by the department or
143	no longer applies fertilizers or other soil-applied nutritional
144	materials containing nitrogen; and
145	3. Implements practicable interim measures identified and
146	adopted by the department which can be implemented immediately
147	or according to rules adopted by the department; or
148	(b) No longer applies fertilizers or other soil-applied
149	nutritional materials containing nitrogen as of the effective
150	date of this section.
151	(5)(6)RULEMAKING.--
152	(a)As provided in s. 403.067(7)(d),the department, in
153	consultation with the Department of Environmental Protection,
154	the Department of Health, the water management districts, and
155	affected parties, shall adopt rules for interim measures, best-
156	management practices, conservation plans, nutrient management
157	plans, or other measures necessary for water quality
158	improvement. environmental groups, the fertilizer industry, and
159	representatives from the affected farming groups, shall adopt
160	rules to:
161	1. Specify the requirements of best-management practices
162	to be implemented by property owners and leaseholders.
163	2. Establish procedures for property owners and
164	leaseholders to submit the notice of intent to comply with best-
165	management practices.
166	3. Establish schedules for implementation of best-
167	management practices, and of interim measures that can be taken
168	prior to adoption of best-management practices.
169	4. Establish a system to assure the implementation of
170	best-management practices, including recordkeeping requirements.
171	(b) Rules adopted pursuant to this subsection shall become
172	effective pursuant to the applicable provisions of chapter 120,
173	but must be submitted to the President of the Senate and the
174	Speaker of the House of Representatives for review by the
175	Legislature. The rules shall be referred to the appropriate
176	committees of substance and scheduled for review during the
177	first available regular session following adoption. Except as
178	otherwise provided by operation of law, such rules shall remain
179	in effect until rejected or modified by act of the Legislature.
180	(6)(7)OTHER PROVISIONS.--
181	(a) This section does not limit the authority of the
182	Department of Environmental Protection to regulate discharges
183	associated with the commercial feeding of livestock and poultry
184	defined in chapter 585, including that of dairy farm and egg
185	production operations, or the disposal of sludge, residuals, or
186	septage. This paragraph does not grant additional authority to
187	regulate these discharges.
188	(b) This section does not limit federally delegated
189	regulatory authority.
190	(c) The Department of Environmental Protection may adopt
191	rules to establish criteria for dairy farms which provide
192	reasonable assurance that state nitrate groundwater quality
193	standards will not be violated and which, provided such criteria
194	are met, shall prohibit the Department of Environmental
195	Protection from instituting proceedings against any dairy farmer
196	under the provisions of s. 376.307(5) and shall provide a
197	presumption of compliance with safe nitrate groundwater quality
198	standards.
199	(d) This section, except for subsection (2), does not
200	apply to the manufacture, mixing, or blending of fertilizer,
201	including fertilizer containing sludge, residuals, or septage.
202	(7)(8) EXPIRATION OF PROVISIONS.--SubsectionSubsections
203	(1), (2) expires, (3), (4), and (6) expire on December 31, 2112
204	2003. Subsections (1), (3), (4), (5), and (6)(7)expire on
205	December 31, 20172008.
206	Section 2. This act shall take effect upon becoming a law.