Senate Bill sb1722

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1722

    By Senator Bennett





    21-1786-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to phosphate mining; amending

  3         s. 378.021, F.S.; authorizing the Department of

  4         Environmental Protection to amend the master

  5         reclamation plan for nonmandatory reclamation

  6         lands; providing additional criteria to be

  7         considered when identifying lands mined or

  8         disturbed by the severance of phosphate rock;

  9         amending s. 378.031, F.S.; revising legislative

10         intent to provide economic incentives for

11         nonmandatory land reclamation to include

12         reclaimed lands that provide benefits to

13         certain surface water bodies; amending s.

14         378.033, F.S.; providing additional

15         responsibilities for the Nonmandatory Land

16         Reclamation Committee; increasing the size of

17         the committee; amending s. 378.207, F.S.;

18         revising the statewide criteria and standards

19         for reclamation activities on mandatory

20         reclamation lands; providing an effective date.

21

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

23

24         Section 1.  Section 378.021, Florida Statutes, is

25  amended to read:

26         378.021  Master reclamation plan.--

27         (1)  The Department of Environmental Protection Natural

28  Resources shall amend the adopt by rule, as expeditiously as

29  possible upon receipt of the report of the Land Use Advisory

30  Committee, a master reclamation plan that provides to provide

31  guidelines for the reclamation of lands mined or disturbed by

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1722
    21-1786-03                                              See HB




  1  the severance of phosphate rock prior to July 1, 1975, which

  2  lands are not subject to mandatory reclamation under part II

  3  of chapter 211. In amending the developing said master

  4  reclamation plan, the Department of Environmental Protection

  5  Natural Resources shall continue to conduct an onsite

  6  evaluation of all lands mined or disturbed by the severance of

  7  phosphate rock prior to July 1, 1975, which lands are not

  8  subject to mandatory reclamation under part II of chapter 211,

  9  and shall consider the report and plan prepared by the Land

10  Use Advisory Committee under s. 378.011 and submitted to the

11  former Department of Natural Resources for adoption by rule on

12  or before July 1, 1979. The master reclamation plan when

13  amended adopted by the Department of Environmental Protection

14  Natural Resources shall be consistent with local government

15  plans prepared pursuant to the Local Government Comprehensive

16  Planning and Land Development Regulation Act.

17         (2)  The amended master reclamation plan shall identify

18  which of the lands mined or disturbed by the severance of

19  phosphate rock prior to July 1, 1975, meet the following

20  criteria:

21         (a)  The quality of surface waters leaving the land

22  does not meet applicable water quality standards, if any; or,

23  health and safety hazards exist on the land; or, the soil has

24  not stabilized and revegetated; or, the remaining natural

25  resources associated with the land are not being conserved;

26         (b)  The environmental or economic utility or aesthetic

27  value of the land would not naturally return within a

28  reasonable time, and reclamation would substantially promote

29  the environmental or economic utility or the aesthetic value

30  of the land; and

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1722
    21-1786-03                                              See HB




  1         (c)  The reclamation of the land is in the public

  2  interest because the reclamation, when combined with other

  3  reclamation under the master plan, would provide a substantial

  4  regional benefit; and

  5         (d)  The reclamation of the land is in the public

  6  interest because the reclamation, when combined with other

  7  reclamation under the master plan, will provide significant

  8  benefits to surface water bodies supplying water for

  9  environmental and public purposes in those areas of the state

10  where phosphate mining has been permitted.

11         (3)  Lands evaluated by the department under subsection

12  (1) which meet the criteria set forth in subsection (2) shall

13  be identified with specificity in the master reclamation plan.

14  Lands evaluated by the department under subsection (1) which

15  do not meet the criteria set forth in subsection (2) shall

16  also be identified with specificity in the master reclamation

17  plan as lands which are acceptable in their present form.

18         (4)  Upon adoption of the amendments to the master

19  reclamation plan as a rule, such plan shall provide the

20  guidelines for approval of reclamation programs for lands

21  covered in the plan, recognizing that reclamation of such

22  lands is not mandatory, but that any payment of costs expended

23  for reclamation paid under s. 378.031 shall be contingent upon

24  conformity with the guidelines set forth in the master

25  reclamation plan.

26         Section 2.  Section 378.031, Florida Statutes, is

27  amended to read:

28         378.031  Reclamation or acquisition of nonmandatory

29  lands; legislative intent.--It is the intent of the

30  Legislature to provide an economic incentive to encourage the

31  reclamation of the maximum number of acres of eligible

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1722
    21-1786-03                                              See HB




  1  nonmandatory lands in the most timely and efficient manner or

  2  the donation or purchase of nonmandatory lands, especially

  3  those lands for which reclamation activities will result in

  4  significant improvements to surface water bodies of regional

  5  importance in those areas of the state where phosphate mining

  6  has been permitted. The Legislature recognizes that certain

  7  lands mined or disturbed prior to July 1, 1975, have been

  8  naturally reclaimed.

  9         Section 3.  Subsections (1) and (4) of section 378.033,

10  Florida Statutes, are amended to read:

11         378.033  Nonmandatory Land Reclamation Committee;

12  creation; composition.--

13         (1)  The Nonmandatory Land Reclamation Committee is

14  created within the department to serve as an advisory body on

15  matters relating to nonmandatory land reclamation, including

16  reclamation activities that will result in significant

17  improvements to surface water bodies of regional importance in

18  those areas of the state where phosphate mining has been

19  permitted. The committee shall be composed of seven five

20  members appointed by the Governor and confirmed by the

21  Cabinet. In making the appointments, the Governor shall

22  consider the needs of the program for engineering, fiscal,

23  reclamation, and environmental expertises. Five Three of the

24  committee members shall be selected respectively from Hamilton

25  County, Polk County, Charlotte County, Manatee County, and

26  Hillsborough County.

27         (4)  The committee shall meet at least annually at the

28  call of the chair. The presence of six four members is

29  required to constitute a quorum; a vote of five three members

30  is necessary for committee action.

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1722
    21-1786-03                                              See HB




  1         Section 4.  Subsection (1) of section 378.207, Florida

  2  Statutes, is amended to read:

  3         378.207  Reclamation criteria and standards.--

  4         (1)  The department, by rule, shall adopt statewide

  5  criteria and standards for reclamation. Such rules shall

  6  recognize that surface mining takes place in diverse areas

  7  where the geologic, topographic, and edaphic conditions are

  8  different, and that reclamation operations and the

  9  specifications therefor may vary accordingly. The rules,

10  recognizing technological limitations and economic

11  considerations, shall require the return of the natural

12  function of wetlands or a particular habitat or condition to

13  that in existence prior to mining and shall include criteria

14  that, when combined with other reclamation activities, will

15  result in significant benefits to surface water bodies

16  supplying water for environmental and public purposes in those

17  areas of the state where phosphate mining is permitted.

18         Section 5.  This act shall take effect upon becoming a

19  law.

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.