Florida Senate - 2021 SB 336
By Senator Rouson
19-00643-21 2021336__
1 A bill to be entitled
2 An act relating to a large-scale agricultural
3 pollution reduction pilot program; creating s.
4 403.068, F.S.; creating a large-scale agricultural
5 pollution reduction pilot program within the
6 Department of Environmental Protection as a
7 partnership with dairy farms for a specified purpose;
8 providing pilot program application and project
9 selection requirements; providing that projects must
10 be available for inspection by the department, the
11 Department of Agriculture and Consumer Services, and
12 water management districts; specifying that pilot
13 program participants are presumed to comply with water
14 quality standards and are eligible for certain permit
15 terms and funding; authorizing the department to adopt
16 rules to provide a general permit for the construction
17 of systems and projects under certain circumstances;
18 requiring the Office of Program Policy Analysis and
19 Government Accountability to evaluate the pilot
20 program by a specified date using specified minimum
21 criteria and report its findings to the Legislature;
22 providing for the future repeal of the pilot program
23 unless reviewed and saved from repeal by the
24 Legislature; amending s. 403.814, F.S.; authorizing
25 the department to grant general permits for certain
26 department-approved large-scale dairy farm pollution
27 reduction pilot program participants; providing an
28 appropriation; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 403.068, Florida Statutes, is created to
33 read:
34 403.068 Large-scale agricultural pollution reduction pilot
35 program.—
36 (1) There is created within the department a large-scale
37 agricultural pollution reduction pilot program as a partnership
38 with dairy farms, as defined in s. 502.012. The purpose of the
39 pilot program is to develop and maintain regional pollution
40 reduction projects that are designed to eliminate pollution to
41 waters of the state.
42 (2) A pilot program applicant must submit an application to
43 the department in a format prescribed by the department. The
44 application must include all of the following information:
45 (a) A plan for the design, construction, operation,
46 management, maintenance, and monitoring of pollution reduction
47 from the agricultural properties that are participating in the
48 project.
49 (b) A financial plan, including financial commitments for
50 the development and long-term maintenance of the pollution
51 reduction project or projects. The financial plan may include a
52 cooperative agreement among multiple dairy farms to collectively
53 pool resources to support systems designed to capture, reuse,
54 and treat all stormwater to reduce nutrient loading to waters of
55 the state.
56 (c) A plan to reduce nutrient loading to waters of the
57 state completely or to negligible levels for each participating
58 dairy farm.
59 (3) Selection of projects shall be made at the discretion
60 of the department, and all aspects of selected projects are
61 subject to department review and comment. All aspects of
62 projects planned and developed pursuant to this section must be
63 available for inspection by the department, the Department of
64 Agriculture and Consumer Services, and water management
65 districts.
66 (4) A participant in a department-approved regional
67 pollution reduction project that meets the requirements of this
68 section and that operates in accordance with all rules and plans
69 applicable to such project shall:
70 (a) Have a rebuttable presumption that the dairy farms
71 participating in the project comply with water quality
72 standards;
73 (b) Unless inconsistent with federal law, receive a permit
74 duration of up to 20 years;
75 (c) Be eligible for state funding pursuant to this section;
76 (d) If the project is incorporated into the applicable
77 basin management action plan, be eligible for state funding
78 pursuant to s. 403.067(7)(e); and
79 (e) Be eligible for self-certification pursuant to
80 paragraph (5)(a) for systems and projects constructed under the
81 department-approved regional pollution reduction project.
82 (5) The department:
83 (a) May adopt rules to provide a general permit pursuant to
84 s. 403.814(13) that authorizes the construction of the systems
85 and projects that are part of a department-approved project.
86 Such construction projects may proceed without any further
87 agency action by the department or water management district if,
88 before construction begins, an electronic self-certification is
89 submitted to the department or water management district which
90 certifies that the proposed system was designed by a Florida
91 registered professional and that the registered professional has
92 certified that the proposed system will meet the following
93 additional requirements:
94 1. Activities will not impact wetlands or surface waters;
95 2. Activities are not conducted in, on, or over wetlands or
96 other surface waters;
97 3. Drainage facilities will not include pipes having
98 diameters greater than 24 inches, or the hydraulic equivalent,
99 and will not use pumps in any manner;
100 4. The project is not part of a larger common plan,
101 development, or sale; and
102 5. The project does not:
103 a. Cause or contribute to adverse water quantity or
104 flooding impacts to receiving water and adjacent lands;
105 b. Cause or contribute to adverse impacts to existing
106 surface water storage and conveyance;
107 c. Cause or contribute to violation of state water quality
108 standards; or
109 d. Cause or contribute to an adverse impact to the
110 maintenance of surface or groundwater flows established pursuant
111 to s. 373.042 or a work of the district established pursuant to
112 s. 373.086.
113 (b) Shall adopt rules to implement this section.
114 (6) By June 30, 2024, the Office of Program Policy Analysis
115 and Government Accountability shall evaluate the pilot program
116 created pursuant to this section and report its findings to the
117 President of the Senate and the Speaker of the House of
118 Representatives. The report shall examine, at a minimum, the
119 costs associated with pilot program projects and the level of
120 nutrient loading into the waters of the state by properties
121 participating in this pilot program.
122 (7) This section shall stand repealed on October 2, 2025,
123 unless reviewed and saved from repeal through reenactment by the
124 Legislature. Any commitments entered into or benefits received
125 pursuant to this section shall continue to be binding for any
126 project partnerships entered into before the repeal date unless
127 or until the department terminates the project partnership.
128 Section 2. Subsection (13) is added to section 403.814,
129 Florida Statutes, to read:
130 403.814 General permits; delegation.—
131 (13) The department may grant general permits for projects
132 that are part of a department-approved large-scale dairy farm
133 pollution reduction pilot program pursuant to s. 403.068.
134 Section 3. For the 2021-2022 fiscal year, the sum of
135 $1,300,000 in nonrecurring funds is appropriated from the
136 General Revenue Fund to the Department of Environmental
137 Protection for the purpose of large-scale dairy farm pollution
138 reduction projects approved pursuant to s. 403.068, which shall
139 be allocated as follows:
140 (1) The sum of $800,000 shall be allocated to a project or
141 projects located within the Okeechobee Basin Management Action
142 Plan.
143 (2) The sum of $500,000 shall be allocated to a project or
144 projects located within the Suwanee Basin Management Action
145 Plan.
146 Section 4. This act shall take effect July 1, 2021.