Senate Bill sb2358c1

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    Florida Senate - 2003                           CS for SB 2358

    By the Committee on Natural Resources; and Senator Pruitt





    312-2121-03

  1                      A bill to be entitled

  2         An act relating to the Lake Okeechobee

  3         Watershed Phosphorus Control Program; creating

  4         s. 373.45951, F.S.; providing legislative

  5         findings and intent; authorizing the Department

  6         of Agriculture and Consumer Services to provide

  7         financial assistance to certain projects that

  8         benefit the program's intent; providing for the

  9         adoption of rules; requiring the department to

10         submit an annual report to the Governor and

11         Legislature; providing an effective date.

12  

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

14  

15         Section 1.  Section 373.45951, Florida Statutes, is

16  created to read:

17         373.45951  Lake Okeechobee Watershed Phosphorus

18  Control.--

19         (1)(a)  The Legislature finds that in order to achieve

20  the goals and objectives of s. 373.4595, and to effectively

21  implement the Lake Okeechobee Watershed Phosphorus Control

22  Program pursuant to s. 373.4595(3)(c), the state must

23  expeditiously develop and implement comprehensive nutrient

24  management plans for dairies and other agricultural operations

25  that are contributing to the phosphorus loads from the Lake

26  Okeechobee watershed.

27         (b)  The Legislature also finds that a continuing

28  source of funding is needed to effectively implement a

29  phosphorus control program that initially targets the most

30  significant sources contributing to phosphorus loads within

31  the watershed and that continues to address other sources as

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    Florida Senate - 2003                           CS for SB 2358
    312-2121-03




 1  needed to achieve the phased phosphorus load reductions

 2  required by s. 373.4595. The Legislature intends that dairies

 3  receive priority attention in implementing this section.

 4         (c)  It is therefore the intent of the Legislature to

 5  provide funding on a continuing basis for the purpose of

 6  implementing phosphorus control measures within the Lake

 7  Okeechobee watershed.

 8         (2)(a)  The Department of Agriculture and Consumer

 9  Services may provide grants and loans for projects that reduce

10  phosphorus loads by improving the management of agricultural

11  phosphorus sources in the Lake Okeechobee watershed. Grants

12  may provide up to 75 percent of the costs of a project and

13  loans may be used for the balance of the costs. This financial

14  assistance must be administered in accordance with this

15  section and other applicable law. The Department of

16  Agriculture and Consumer Services may adopt rules to implement

17  this section, and, notwithstanding s. 18.10, may deposit funds

18  in financial institutions that earn less than the prevailing

19  rate for United States Treasury Securities with corresponding

20  maturities to enable such financial institutions to make

21  below-market interest rate loans to entities that receive

22  financial assistance under this section.

23         (b)  Projects shall be ranked based upon their

24  potential for phosphorus reduction and funded in priority

25  order. Project rankings shall be determined through a

26  comprehensive nutrient management assessment that determines

27  discharge water quality for each project site. The Department

28  of Agriculture and Consumer Services, in cooperation with the

29  department and the South Florida Water Management District

30  shall assign the highest priority to those projects that are

31  located on sites that have the highest relative contributions

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    Florida Senate - 2003                           CS for SB 2358
    312-2121-03




 1  to phosphorus loading and the greatest potential for

 2  phosphorus reductions, but may also consider the need to

 3  achieve regulatory compliance, the project's readiness to

 4  proceed, and the availability of federal or other nonstate

 5  funding, including public-private partnerships. Federal

 6  funding shall be maximized to the greatest extent practicable.

 7         (3)  Each January 1, beginning in 2004, the Department

 8  of Agriculture and Consumer Services shall submit to the

 9  Governor, the President of the Senate, and the Speaker of the

10  House of Representatives an annual progress report regarding

11  implementation of this section. The report must include a

12  prioritized list of projects funded pursuant to this section,

13  indicating which projects have been completed and their costs

14  and which projects are yet to be completed and their estimated

15  costs. This report may be incorporated into the annual report

16  required pursuant to s. 373.4595(3)(g).

17         Section 2.  This act shall take effect July 1, 2003.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 2358

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22  The committee substitute removes the fiscal impact of the
    original bill by deleting a $65 million appropriation over 6
23  fiscal years.

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