Florida Senate - 2010                                    SB 2056
       
       
       
       By Senator Oelrich
       
       
       
       
       14-01328A-10                                          20102056__
    1                        A bill to be entitled                      
    2         An act relating to water quality; providing
    3         legislative findings; directing the Department of
    4         Environmental Protection to contract with the National
    5         Academy of Science for an evaluation of issues related
    6         to the establishment of numeric nutrient criteria;
    7         requiring the department and the Department of
    8         Agriculture and Consumer Services to evaluate the
    9         sources and quantities of nutrients in surface waters;
   10         requiring a report to the Governor and Legislature by
   11         a certain date; providing for future expiration;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Nutrient contribution to surface waters.—
   17         (1) The Legislature finds that:
   18         (a) The nutrients nitrogen and phosphorous in various forms
   19  are necessary for a healthy ecosystem; however, an imbalance of
   20  these nutrients may have adverse effects on the water quality
   21  and biological health of the state’s surface waters.
   22         (b) Policies and programs to abate harm caused by nutrient
   23  enrichment are necessary and must be based on sound science.
   24         (c) The control and treatment of nutrients needed to abate
   25  harm caused by the nutrient enrichment of water will result in
   26  considerable cost to governments, businesses, utility customers,
   27  and individual citizens.
   28         (d) A better understanding of the sources and quantities of
   29  nutrients that are found in surface waters is essential to
   30  developing an orderly process for nutrient source control and
   31  the abatement of nutrient enrichment.
   32         (e) In order to plan for the social and economic effects of
   33  implementing numeric nutrient criteria, the costs, technologies,
   34  controls, and time required to implement the criteria through an
   35  orderly process must be understood.
   36         (2) The Department of Environmental Protection is directed
   37  to contract with the National Academy of Sciences for a review
   38  and evaluation of scientific and technological issues related to
   39  the establishment of numeric nutrient criteria for surface
   40  waters in this state proposed by the United States Environmental
   41  Protection Agency. The department must ensure that the review
   42  and evaluation provide opportunities for input from scientists
   43  having expertise in nutrients and water quality and take into
   44  consideration such additional scientific and technological
   45  factors as the department determines are necessary and
   46  appropriate to the successful implementation of numeric nutrient
   47  criteria.
   48         (3) The Department of Environmental Protection and the
   49  Department of Agriculture and Consumer Services are directed to
   50  conduct a general evaluation of sources and quantities of
   51  nutrients that are found in the state’s surface waters. The
   52  Department of Environmental Protection shall use the information
   53  from the evaluation, as well as other relevant sources, to
   54  prepare an initial report to the Legislature which identifies
   55  issues that must be addressed in order to implement an orderly
   56  process for nutrient source control and abatement of nutrient
   57  enrichment and will achieve water quality standards.
   58         (a) The report may include data about specific sources of
   59  nutrients and best estimates of the quantities of nutrients
   60  found in surface waters within regions. The report may also
   61  identify other issues, including those related to costs,
   62  available and developing technologies and management practices,
   63  and the timing of implementation that may need to be addressed
   64  in developing an orderly process for nutrient source control and
   65  abatement of nutrient enrichment.
   66         (b) In developing the report, the Department of
   67  Environmental Protection shall provide opportunities for
   68  interested parties and the public to provide relevant
   69  information. Other state agencies, the Institute for Food and
   70  Agricultural Sciences at the University of Florida, the water
   71  management districts, other research institutions, and private
   72  sector scientists having expertise in nutrients and water
   73  quality may be called on for assistance. The department shall
   74  periodically apprise the relevant substantive committees of the
   75  Legislature on the progress and results of the evaluation.
   76         (c) The Department of Environmental Protection shall report
   77  the results of its evaluation, together with any recommendations
   78  for future actions or statutory changes, to the Governor, the
   79  President of the Senate, and the Speaker of the House of
   80  Representatives by January 31, 2011. Copies of the report shall
   81  also be provided to the Florida Congressional Delegation.
   82         (4) This section expires March 30, 2011.
   83         Section 2. This act shall take effect upon becoming a law.