HB 0509 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Natural Resources recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to agricultural fertilizers; amending s.
12	576.045, F.S.; providing that nitrogen and phosphorus
13	contamination are water quality issues; including surface
14	water in the types of waters in which residues are found;
15	including a fee for fertilizer that contains phosphorus;
16	revising purposes for use of collected fees; providing for
17	implementation of interim measures, best-management
18	practices, or other measures for compliance with state
19	water quality standards relating to application of
20	fertilizers containing nitrogen or phosphorus; providing
21	that adopted rules are consistent with provisions of s.
22	403.067(7)(d), F.S.; revising dates for expiration of
23	certain provisions; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Section 576.045, Florida Statutes, is amended
28	to read:
29	576.045 Nitrogen and phosphorusNitrate; findings and
30	intent; fees; purpose; best-management practices; waiver of
31	liability; compliance; rules; report;exclusions; expiration.--
32	(1) FINDINGS AND INTENT.--
33	(a) The Legislature finds that nitrogen and phosphorus
34	nitrate residues have been found in groundwater, surface water,
35	and drinking water in various areas throughout the state at
36	levels in excess of established water quality standards. The
37	Legislature further finds that some fertilization management
38	practices could be a source of suchnitratecontamination.
39	(b) It is the intent of the Legislature to improve
40	fertilization managementfertilizer-managementpractices as soon
41	as practicable in a way that protects the state's water
42	resources and preserves a viable agricultural industry. This
43	goal is to be accomplished through research concerning best-
44	management practices and education and incentives for the
45	agricultural industry and other major users of fertilizer.
46	(2) FEES.--
47	(a) In addition to the fees imposed under ss. 576.021 and
48	576.041, the following supplemental fees shall be collected and
49	paid by licensees for the sole purpose of implementing this
50	section:
51	1. One hundred dollars for each license to distribute
52	fertilizer.
53	2. One hundred dollars for each of the first five
54	specialty fertilizer registrations and $25 for each registration
55	after the first five.
56	3. Fifty cents per ton for all fertilizer that contains
57	nitrogen or phosphorusand that is sold in this state.
58	(b) All fees paid to the department under this section are
59	due and payable at the same time and in the same manner as the
60	fees specified in ss. 576.021 and 576.041 and are subject to all
61	provisions contained in those sections.
62	(c) All fees paid under this section must be deposited
63	into the General Inspection Trust Fund and are exempt from the
64	provisions of s. 215.20. These funds are to be appropriated
65	annually to the department and allocated according to a
66	memorandum of understanding between the department and the
67	Department of Environmental Protection to be adopted by October
68	1, 1994. The allocation of indirect costs to these funds by any
69	state agency is specifically prohibited.
70	(3) PURPOSE.--The funds collected pursuant to subsection
71	(2) must be used by the department for the sole purpose of:
72	(a) Research, development, demonstration, and
73	implementation of suitable interim measures, best-management
74	practices, or other measures used to achieve state water quality
75	standards for nitrogen and phosphorus criteria. Implementation
76	of interim measures, best-management practices, and other
77	measures may include cost-sharing grants, technical assistance,
78	implementation tracking, and conservation leases or other
79	agreements for water quality improvement.Contracting, where
80	appropriate, with the Institute of Food and Agricultural
81	Sciences at the University of Florida and the College of
82	Engineering, Science, Technology, and Agriculture at Florida
83	Agricultural and Mechanical University to conduct research
84	relating to best-management practices designed to prevent
85	nitrates from fertilizers or other soil-applied nutritional
86	materials from entering groundwater at levels in excess of state
87	water quality standards. Such contracts must be for fixed
88	periods of time and must require interim reports concerning the
89	progress of the research.
90	(b) Approving, adopting, publishing, and distributing
91	interim measures, best-management practices, or other measures.
92	In the process of developing, approving, and adopting interim
93	measures, best-management practices, or other measures,the
94	department shall consult with the Department of Environmental
95	Protection, the Department of Health, the water management
96	districts, environmental groups, the fertilizer industry, and
97	representatives from the affected farming groups.
98	(c) Reimbursing the Water Quality Assurance Trust Fund for
99	costs incurred by the Department of Environmental Protection for
100	costs incurred that are associated with:
101	1. Monitoring and verifying the effectiveness of the
102	interim measures, best-management practices, or other measures
103	approved and adopted under subsection (6)paragraph (b)at
104	representative sites. The Department of Environmental Protection
105	shall use best professional judgment in making its initial
106	determination of the effectiveness of interim measures, best-
107	management practices, or other measures.
108	2. Sampling, analysis, and restoration of potable water
109	supplies, pursuant to s. 376.307, found to contain levels of
110	nitrate in excess of state water quality standards, which excess
111	is determined to be the result of the application of fertilizers
112	or other soil-applied nutritional materials containing nitrogen.
113
114	This subsection must be implemented through a memorandum of
115	understanding between the department and the Department of
116	Environmental Protection to be adopted by October 1, 1994.
117	(4) WAIVER OF LIABILITY.--Notwithstanding any provision of
118	law, the Department of Environmental Protection is not
119	authorized to institute proceedings against any person under the
120	provisions of s. 376.307(5) to recover any costs or damages
121	associated with nitrogen or phosphorusnitratecontamination of
122	groundwater or surface water, or the evaluation, assessment, or
123	remediation of suchnitrate contamination of groundwater or
124	surface water, including sampling, analysis, and restoration of
125	potable water supplies, where the nitratecontamination of
126	groundwater or surface wateris determined to be the result of
127	the application of fertilizers or other soil-applied nutritional
128	materials containing nitrogen or phosphorus, provided the
129	property owner or leaseholder:
130	(a)1. Provides the department with a notice of intent to
131	implement applicable interim measures,best-management
132	practices, or other measures adopted by the department which
133	practices or measures have been verified by the Department of
134	Environmental Protection to be effective; and
135	2. Implements applicable interim measures,best-management
136	practices, or other measuresas soon as practicable according to
137	rules adopted by the department or no longer applies fertilizers
138	or other soil-applied nutritional materials containing nitrogen
139	or phosphorus; orand
140	3. Implements practicable interim measures identified and
141	adopted by the department which can be implemented immediately
142	or according to rules adopted by the department; or
143	(b) No longer applies fertilizers or other soil-applied
144	nutritional materials containing nitrogen or phosphorusas of
145	the effective date of this section.
146	(5) COMPLIANCE.--If the property owner or leaseholder
147	implements interim measures, best-management practices, or other
148	measures adopted by the department which practices or measures
149	thathave been verified by the Department of Environmental
150	Protection to be effective at representative sitesand complies
151	with the following, there is a presumption of compliance with
152	state waternitrate groundwater quality standards for such
153	criteria with respect to the application of fertilizers or other
154	soil-applied nutritional materials containing nitrogen or
155	phosphorus:
156	(a)1. Provides the department with a notice of intent to
157	implement applicable interim measures,best-management
158	practices, or other measures adopted by the department; and
159	2. Implements applicable interim measures,best-management
160	practices, or other measuresas soon as practicable according to
161	rules adopted by the department or no longer applies fertilizers
162	or other soil-applied nutritional materials containing nitrogen
163	or phosphorus; orand
164	3. Implements practicable interim measures identified and
165	adopted by the department which can be implemented immediately
166	or according to rules adopted by the department; or
167	(b) No longer applies fertilizers or other soil-applied
168	nutritional materials containing nitrogen or phosphorusas of
169	the effective date of this section.
170	(6) RULEMAKING.--
171	(a)The department, in consultation with the Department of
172	Environmental Protection, the Department of Health, the water
173	management districts, environmental groups, the fertilizer
174	industry, and representatives from the affected farming groups,
175	shall adopt rules to:
176	(a)1. Specify the requirements of interim measures,best-
177	management practices, or other measuresto be implemented by
178	property owners and leaseholders.
179	(b)2.Establish procedures for property owners and
180	leaseholders to submit the notice of intent to implement and
181	comply with interim measures, best-management practices, or
182	other measures.
183	(c)3. Establish schedules for implementation of interim
184	measures, best-management practices, or other measuresand of
185	interim measures that can be taken prior to adoption of best-
186	management practices.
187	(d)4.Establish a system to assure the implementation of
188	best-management practices, including recordkeeping requirements.
189	(b) Rules adopted pursuant to this subsection shall become
190	effective pursuant to the applicable provisions of chapter 120,
191	but must be submitted to the President of the Senate and the
192	Speaker of the House of Representatives for review by the
193	Legislature. The rules shall be referred to the appropriate
194	committees of substance and scheduled for review during the
195	first available regular session following adoption. Except as
196	otherwise provided by operation of law, such rules shall remain
197	in effect until rejected or modified by act of the Legislature.
198	(7) OTHER PROVISIONS.--
199	(a) This section does not limit the authority of the
200	Department of Environmental Protection to regulate discharges
201	associated with the commercial feeding of livestock and poultry
202	defined in chapter 585, including that of dairy farm and egg
203	production operations, or the disposal of sludge, residuals, or
204	septage. This paragraph does not grant additional authority to
205	regulate these discharges.
206	(b) This section does not limit federally delegated
207	regulatory authority.
208	(c) The Department of Environmental Protection may adopt
209	rules to establish criteria for dairy farms which provide
210	reasonable assurance that state nitrate groundwater quality
211	standards will not be violated and which, provided such criteria
212	are met, shall prohibit the Department of Environmental
213	Protection from instituting proceedings against any dairy farmer
214	under the provisions of s. 376.307(5) and shall provide a
215	presumption of compliance with safe nitrate groundwater quality
216	standards.
217	(d) This section, except for subsection (2), does not
218	apply to the manufacture, mixing, or blending of fertilizer,
219	including fertilizer containing sludge, residuals, or septage.
220	(8) EXPIRATION OF PROVISIONS.--Subsections (1), (2), (3),
221	(4), and (6) expire on December 31, 20122003. Subsections (5)
222	and (7) expire on December 31, 20172008.
223	Section 2. This act shall take effect July 1, 2003.