Florida Senate - 2020 SB 1382 By Senator Albritton 26-00785A-20 20201382__ 1 A bill to be entitled 2 An act relating to environmental resource management; 3 amending s. 403.067, F.S.; providing that basin 4 management action plan management strategies may 5 include certain water quality improvement elements; 6 requiring the Department of Environmental Protection, 7 in coordination with the Department of Agriculture and 8 Consumer Services, to develop and implement a 9 cooperative agricultural regional water quality 10 improvement element; providing guidelines for the 11 element; providing requirements for participation in 12 the element; requiring the Department of Environmental 13 Protection, in coordination with the Department of 14 Health or water management districts, to develop and 15 implement a cooperative urban, suburban, commercial, 16 or institutional water quality improvement element; 17 providing guidelines for the element; requiring the 18 Department of Environmental Protection to work with 19 the Department of Agriculture and Consumer Services 20 and producers to improve certain data and technology 21 resources; requiring the Institute of Food and 22 Agriculture Sciences of the University of Florida, in 23 cooperation with the Department of Agriculture and 24 Consumer Services, to develop a research plan and a 25 legislative budget request; providing requirements for 26 the plan; establishing a nutrient reduction cost-share 27 program within the Department of Environmental 28 Protection; providing requirements for the program, 29 subject to legislative appropriation; providing 30 priorities for funding allocations; authorizing the 31 department to waive a local match requirement under 32 certain circumstances; requiring an annual report to 33 the Governor and the Legislature; amending s. 403.412, 34 F.S.; prohibiting local governments from recognizing, 35 granting, conveying, or extending legal rights or 36 legal standing to animals or the natural environment 37 under certain circumstances; providing construction; 38 providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Paragraph (a) of subsection (7) of section 43 403.067, Florida Statutes, is amended, paragraphs (e), (f), and 44 (g) are added to that subsection, and subsection (14) is added 45 to that section, to read: 46 403.067 Establishment and implementation of total maximum 47 daily loads.— 48 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 49 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 50 (a) Basin management action plans.— 51 1. In developing and implementing the total maximum daily 52 load for a water body, the department, or the department in 53 conjunction with a water management district, may develop a 54 basin management action plan that addresses some or all of the 55 watersheds and basins tributary to the water body. Such plan 56 must integrate the appropriate management strategies available 57 to the state through existing water quality protection programs 58 to achieve the total maximum daily loads and may provide for 59 phased implementation of these management strategies to promote 60 timely, technically cost-effective actions as provided for in s. 61 403.151. The plan must establish a schedule for implementing the 62 management strategies, establish a basis for evaluating the 63 plan’s effectiveness, and identify feasible funding strategies 64 for implementing the plan’s management strategies. The 65 management strategies may include regional treatment systems or 66 other public works, where appropriate, and voluntary trading of 67 water quality credits to achieve the needed pollutant load 68 reductions. In addition to the interim measures, best management 69 practices, or other measures required in paragraph (c), 70 management strategies may include a cooperative agricultural 71 regional water quality improvement element, as set forth in 72 paragraph (e), or a cooperative urban, suburban, commercial, or 73 institutional regional water quality improvement element, as set 74 forth in paragraph (f). 75 2. A basin management action plan must equitably allocate, 76 pursuant to paragraph (6)(b), pollutant reductions to individual 77 basins, as a whole to all basins, or to each identified point 78 source or category of nonpoint sources, as appropriate. For 79 nonpoint sources for which best management practices have been 80 adopted, the initial requirement specified by the plan must be 81 those practices developed pursuant to paragraph (c). Where 82 appropriate, the plan may take into account the benefits of 83 pollutant load reduction achieved by point or nonpoint sources 84 that have implemented management strategies to reduce pollutant 85 loads, including best management practices, before the 86 development of the basin management action plan. The plan must 87 also identify the mechanisms that will address potential future 88 increases in pollutant loading. 89 3. The basin management action planning process is intended 90 to involve the broadest possible range of interested parties, 91 with the objective of encouraging the greatest amount of 92 cooperation and consensus possible. In developing a basin 93 management action plan, the department shall assure that key 94 stakeholders, including, but not limited to, applicable local 95 governments, water management districts, the Department of 96 Agriculture and Consumer Services, other appropriate state 97 agencies, local soil and water conservation districts, 98 environmental groups, regulated interests, and affected 99 pollution sources, are invited to participate in the process. 100 The department shall hold at least one public meeting in the 101 vicinity of the watershed or basin to discuss and receive 102 comments during the planning process and shall otherwise 103 encourage public participation to the greatest practicable 104 extent. Notice of the public meeting must be published in a 105 newspaper of general circulation in each county in which the 106 watershed or basin lies not less than 5 days nor more than 15 107 days before the public meeting. A basin management action plan 108 does not supplant or otherwise alter any assessment made under 109 subsection (3) or subsection (4) or any calculation or initial 110 allocation. 111 4. Each new or revised basin management action plan must 112
shallinclude: 113 a. The appropriate management strategies available through 114 existing water quality protection programs to achieve total 115 maximum daily loads, which may provide for phased implementation 116 to promote timely, cost-effective actions as provided for in s. 117 403.151; 118 b. A description of best management practices adopted by 119 rule; 120 c. A list of projects in priority ranking with a planning 121 level cost estimate and estimated date of completion for each 122 listed project; 123 d. The source and amount of financial assistance to be made 124 available by the department, a water management district, or 125 other entity for each listed project, if applicable; and 126 e. A planning-level estimate of each listed project’s 127 expected load reduction, if applicable. 128 5. The department shall adopt all or any part of a basin 129 management action plan and any amendment to such plan by 130 secretarial order pursuant to chapter 120 to implement the131 provisions ofthis section. 132 6. The basin management action plan must include milestones 133 for implementation and water quality improvement, and an 134 associated water quality monitoring component sufficient to 135 evaluate whether reasonable progress in pollutant load 136 reductions is being achieved over time. An assessment of 137 progress toward these milestones shall be conducted every 5 138 years, and revisions to the plan shall be made as appropriate. 139 Revisions to the basin management action plan shall be made by 140 the department in cooperation with basin stakeholders. Revisions 141 to the management strategies required for nonpoint sources must 142 follow the procedures set forth in subparagraph (c)4. Revised 143 basin management action plans must be adopted pursuant to 144 subparagraph 5. 145 7. In accordance with procedures adopted by rule under 146 paragraph (9)(c), basin management action plans, and other 147 pollution control programs under local, state, or federal 148 authority as provided in subsection (4), may allow point or 149 nonpoint sources that will achieve greater pollutant reductions 150 than required by an adopted total maximum daily load or 151 wasteload allocation to generate, register, and trade water 152 quality credits for the excess reductions to enable other 153 sources to achieve their allocation; however, the generation of 154 water quality credits does not remove the obligation of a source 155 or activity to meet applicable technology requirements or 156 adopted best management practices. Such plans must allow trading 157 between NPDES permittees, and trading that may or may not 158 involve NPDES permittees, where the generation or use of the 159 credits involves involvean entity or activity not subject to 160 department water discharge permits whose owner voluntarily 161 elects to obtain department authorization for the generation and 162 sale of credits. 163 8. The provisions of the department’s rule relating to the 164 equitable abatement of pollutants into surface waters do not 165 apply to water bodies or water body segments for which a basin 166 management plan that takes into account future new or expanded 167 activities or discharges has been adopted under this section. 168 (e) Cooperative agricultural regional water quality 169 improvement element.—A basin management action plan may include 170 as an additional management strategy a cooperative agricultural 171 regional water quality improvement element. 172 1. The department, in coordination with the Department of 173 Agriculture and Consumer Services, shall develop the element and 174 implement it through a cost-sharing program. The element may 175 include cost-effective, technically and financially practical 176 cooperative agricultural nutrient reduction projects that may be 177 implemented on private properties, subject to available funding. 178 The projects may include any of the following on lands of 179 willing sellers or willing participants, which, in combination 180 with state-sponsored regional projects and other management 181 strategies included in the basin management action plan, will 182 reduce the nutrient impacts from agricultural operations: 183 a. Land acquisition in fee or in conservation easements. 184 b. Site-specific water quality improvement or dispersed 185 water management projects. 186 2. To qualify for participation in the element, the 187 participant must have already implemented the interim measures, 188 best management practices, or other measures adopted by the 189 department pursuant to subparagraph (c)2. 190 3. The element may be included in the basin management 191 action plan as a part of the 5-year assessment under 192 subparagraph (a)6. 193 (f) Cooperative urban, suburban, commercial, or 194 institutional water quality improvement element.—The basin 195 management action plan may include as an additional management 196 strategy a cooperative urban, suburban, commercial, or 197 institutional regional water quality improvement element. 198 1. The department, in coordination with the Department of 199 Health or water management districts, shall develop the element 200 and implement it through a cost-sharing program. The element may 201 include cost-effective, technically and financially practical 202 cooperative urban, suburban, commercial, or institutional 203 regional nutrient reduction projects that may be implemented on 204 properties, subject to available funding. The projects may 205 include those that reduce stormwater pollutant loading, which, 206 in combination with state-sponsored regional projects and other 207 management strategies included in the basin management action 208 plan, will reduce the nutrient impacts from urban, suburban, 209 commercial, or institutional operations. 210 2. The element may be included in the basin management 211 action plan as a part of the 5-year assessment under 212 subparagraph (a)6. 213 (g) Data collection and research.— 214 1. The department shall work with the Department of 215 Agriculture and Consumer Services to improve the accuracy of 216 data used to estimate agricultural land uses in basin management 217 action plans. The departments shall work with producers to 218 identify agricultural technologies that could be implemented, 219 subject to available funding, on properties where the 220 technologies are deemed technically and financially practical. 221 2. The Institute of Food and Agricultural Sciences of the 222 University of Florida, in cooperation with the Department of 223 Agriculture and Consumer Services, shall develop a research plan 224 and a legislative budget request to: 225 a. Evaluate and, where cost-effective and technically and 226 financially practical, suggest enhancements to the adopted best 227 management practices; 228 b. Develop new best management practices that are cost 229 effective and technically and financially practical and that, 230 when proven, may be considered by the department for rule 231 adoption pursuant to paragraph (c). 232 c. Develop technically and financially practical 233 agricultural nutrient reduction projects that would be 234 implemented with willing participants on a site-specific, 235 cooperative basis in addition to best management practices, and 236 that would be considered for inclusion in a basin management 237 action plan pursuant to paragraph (e). 238 3. The department, in cooperation with the Institute of 239 Food and Agricultural Sciences of the University of Florida and 240 the regulated entities, shall consider the adoption by rule of 241 best management practices for the management of nutrient impacts 242 from golf courses and other recreational areas. 243 (14) NUTRIENT REDUCTION COST-SHARE PROGRAM.—A nutrient 244 reduction cost-share program is established within the 245 department. 246 (a) Subject to legislative appropriation, the department 247 may provide funding for projects that will individually or 248 collectively reduce nutrient pollution under a basin management 249 action plan or an alternative restoration plan for the 250 following: 251 1. Projects to retrofit onsite sewage treatment and 252 disposal systems. 253 2. Projects to construct, upgrade, or expand facilities to 254 provide advanced waste treatment, as defined in s. 403.086(4). 255 3. Projects to connect onsite sewage treatment and disposal 256 systems to central sewer facilities. 257 4. Projects identified in the cooperative urban, suburban, 258 commercial, or institutional regional water quality improvement 259 element pursuant to paragraph (7)(f). 260 5. Projects identified in the cooperative agricultural 261 regional water quality improvement element pursuant to paragraph 262 (7)(e). 263 6. Data collection and research activities identified in 264 paragraph (7)(f). 265 (b) In allocating funds for projects, the department shall 266 equally prioritize projects identified in subparagraphs (a)1.-4. 267 with projects identified in subparagraph (a)5. For projects 268 identified in subparagraphs (a)1.-4., priority must be given to 269 projects that subsidize the connection of onsite sewage 270 treatment and disposal systems to a wastewater treatment plant 271 or that subsidize inspections and assessments of onsite sewage 272 treatment and disposal systems. In determining such priorities, 273 the department shall consider the estimated reduction in 274 nutrient load per project, project readiness, the cost 275 effectiveness of the project, the overall environmental benefit 276 of a project, the location of a project within the plan area, 277 the availability of local matching funds, and the projected 278 water savings or quantity improvements associated with the 279 project. 280 (c) Each project described in subparagraphs (a)1.-3. must 281 require a minimum of a 50 percent local match of funds. However, 282 the department may waive, in whole or in part, this 283 consideration of the local contribution for proposed projects 284 within an area designated as a rural area of opportunity 285 pursuant to s. 288.0656. 286 (d) The department shall coordinate with the Department of 287 Agriculture and Consumer Services, the Institute of Food and 288 Agricultural Sciences of the University of Florida, and each 289 water management district, as necessary, in allocating funds 290 pursuant to this subsection. 291 (e) Beginning January 1, 2021, and each January 1 292 thereafter, the department shall submit a report regarding the 293 projects funded pursuant to this section to the Governor, the 294 President of the Senate, and the Speaker of the House of 295 Representatives. 296 Section 2. Subsection (9) is added to section 403.412, 297 Florida Statutes, to read: 298 403.412 Environmental Protection Act.— 299 (9)(a) A local government regulation, ordinance, code, 300 rule, comprehensive plan, or charter may not recognize, grant, 301 convey, or extend legal standing or legal rights, as those terms 302 are generally construed, to a plant, an animal, a body of water, 303 or any other part of the natural environment which is not a 304 person or a political subdivision, as defined in s. 1.01(8), 305 unless otherwise specifically authorized by state law or the 306 State Constitution. 307 (b) This subsection may not be interpreted or construed to 308 do any of the following: 309 1. Limit the ability of the Department of Legal Affairs, 310 any political subdivision of the state, or a resident of the 311 state to maintain an action for injunctive relief as provided in 312 this section. 313 2. Limit the ability of an aggrieved or adversely affected 314 party to appeal and challenge the consistency of a development 315 order with a comprehensive plan, as provided in s. 163.3215, or 316 to file an action for injunctive relief to enforce the terms of 317 a development agreement or to challenge compliance of the 318 agreement with the Florida Local Government Development 319 Agreement Act, as provided in s. 163.3243. 320 Section 3. This act shall take effect July 1, 2020.