Florida Senate - 2020                             CS for SB 1382
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Albritton
       
       
       
       
       592-02658-20                                          20201382c1
    1                        A bill to be entitled                      
    2         An act relating to environmental resource management;
    3         amending s. 403.067, F.S.; providing additional
    4         management strategies for basin management action
    5         plans; requiring certain basin management action plans
    6         to include certain cooperative regional water quality
    7         improvement elements; providing requirements for the
    8         Department of Environmental Protection, the Department
    9         of Agriculture and Consumer Services, and owners of
   10         agricultural operations in developing and implementing
   11         such elements; requiring the Department of Agriculture
   12         and Consumer Services to work with the Department of
   13         Environmental Protection to improve the accuracy of
   14         data used to estimate certain agricultural land uses
   15         and to work with producers to identify certain
   16         agricultural technologies; requiring the University of
   17         Florida Institute of Food and Agricultural Sciences to
   18         work with the Department of Agriculture and Consumer
   19         Services to develop a specified research plan and a
   20         legislative budget request; requiring the Department
   21         of Environmental Protection to work with the
   22         University of Florida Institute of Food and
   23         Agricultural Sciences to consider the adoption of best
   24         management practices for nutrient impacts from golf
   25         courses; establishing a nutrient reduction cost-share
   26         program within the Department of Environmental
   27         Protection; providing requirements for such program;
   28         providing legislative intent regarding rural
   29         homesteads; defining the term “rural homesteads”;
   30         exempting such homesteads from certain best management
   31         practices under certain conditions; amending s.
   32         403.0675, F.S.; requiring the Department of
   33         Environmental Protection and the Department of
   34         Agriculture and Consumer Services to include specified
   35         information in annual progress reports for basin
   36         management action plans; amending s. 403.412, F.S.;
   37         prohibiting local governments from recognizing,
   38         granting, conveying, or extending legal rights or
   39         legal standing to animals or certain parts of the
   40         natural environment under certain circumstances;
   41         providing construction; providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Subsection (7) of section 403.067, Florida
   46  Statutes, is amended, and subsections (14) and (15) are added to
   47  that section, to read:
   48         403.067 Establishment and implementation of total maximum
   49  daily loads.—
   50         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
   51  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
   52         (a) Basin management action plans.—
   53         1. In developing and implementing the total maximum daily
   54  load for a water body, the department, or the department in
   55  conjunction with a water management district, may develop a
   56  basin management action plan that addresses some or all of the
   57  watersheds and basins tributary to the water body. Such plan
   58  must integrate the appropriate management strategies available
   59  to the state through existing water quality protection programs
   60  to achieve the total maximum daily loads and may provide for
   61  phased implementation of these management strategies to promote
   62  timely, cost-effective, and technically and financially
   63  practical actions as provided for in s. 403.151. The plan must
   64  establish a schedule implementing the management strategies,
   65  establish a basis for evaluating the plan’s effectiveness, and
   66  identify feasible funding strategies for implementing the plan’s
   67  management strategies. The management strategies may include:
   68         a. Regional treatment systems or other public works, where
   69  appropriate;, and
   70         b. Voluntary trading of water quality credits to achieve
   71  the needed pollutant load reductions;
   72         c.Interim measures, best management practices, or other
   73  measures in paragraph (c);
   74         d.Implementation of cooperative agricultural regional
   75  water quality improvement projects or practices in paragraph
   76  (e); and
   77         e.Cooperative urban, suburban, commercial, or
   78  institutional regional water quality improvement projects or
   79  practices in paragraph (f).
   80         2. A basin management action plan must equitably allocate,
   81  pursuant to paragraph (6)(b), pollutant reductions to individual
   82  basins, as a whole to all basins, or to each identified point
   83  source or category of nonpoint sources, as appropriate. For
   84  nonpoint sources for which best management practices have been
   85  adopted, the initial requirement specified by the plan must be
   86  those practices developed pursuant to paragraph (c). Where
   87  appropriate, the plan may take into account the benefits of
   88  pollutant load reduction achieved by point or nonpoint sources
   89  that have implemented management strategies to reduce pollutant
   90  loads, including best management practices, before the
   91  development of the basin management action plan. The plan must
   92  also identify the mechanisms that will address potential future
   93  increases in pollutant loading.
   94         3. The basin management action planning process is intended
   95  to involve the broadest possible range of interested parties,
   96  with the objective of encouraging the greatest amount of
   97  cooperation and consensus possible. In developing a basin
   98  management action plan, the department shall assure that key
   99  stakeholders, including, but not limited to, applicable local
  100  governments, water management districts, the Department of
  101  Agriculture and Consumer Services, other appropriate state
  102  agencies, local soil and water conservation districts,
  103  environmental groups, regulated interests, and affected
  104  pollution sources, are invited to participate in the process.
  105  The department shall hold at least one public meeting in the
  106  vicinity of the watershed or basin to discuss and receive
  107  comments during the planning process and shall otherwise
  108  encourage public participation to the greatest practicable
  109  extent. Notice of the public meeting must be published in a
  110  newspaper of general circulation in each county in which the
  111  watershed or basin lies not less than 5 days nor more than 15
  112  days before the public meeting. A basin management action plan
  113  does not supplant or otherwise alter any assessment made under
  114  subsection (3) or subsection (4) or any calculation or initial
  115  allocation.
  116         4. Each new or revised basin management action plan shall
  117  include:
  118         a. The appropriate management strategies available through
  119  existing water quality protection programs to achieve total
  120  maximum daily loads, which may provide for phased implementation
  121  to promote timely, cost-effective actions as provided for in s.
  122  403.151;
  123         b. A description of best management practices adopted by
  124  rule;
  125         c. A list of projects in priority ranking with a planning
  126  level cost estimate and estimated date of completion for each
  127  listed project;
  128         d. The source and amount of financial assistance to be made
  129  available by the department, a water management district, or
  130  other entity for each listed project, if applicable; and
  131         e. A planning-level estimate of each listed project’s
  132  expected load reduction, if applicable.
  133         5. The department shall adopt all or any part of a basin
  134  management action plan and any amendment to such plan by
  135  secretarial order pursuant to chapter 120 to implement the
  136  provisions of this section.
  137         6. The basin management action plan must include milestones
  138  for implementation and water quality improvement, and an
  139  associated water quality monitoring component sufficient to
  140  evaluate whether reasonable progress in pollutant load
  141  reductions is being achieved over time. An assessment of
  142  progress toward these milestones shall be conducted every 5
  143  years, and revisions to the plan shall be made as appropriate.
  144  Revisions to the basin management action plan shall be made by
  145  the department in cooperation with basin stakeholders. Revisions
  146  to the management strategies required for nonpoint sources must
  147  follow the procedures set forth in subparagraph (c)4. Revised
  148  basin management action plans must be adopted pursuant to
  149  subparagraph 5.
  150         7. In accordance with procedures adopted by rule under
  151  paragraph (9)(c), basin management action plans, and other
  152  pollution control programs under local, state, or federal
  153  authority as provided in subsection (4), may allow point or
  154  nonpoint sources that will achieve greater pollutant reductions
  155  than required by an adopted total maximum daily load or
  156  wasteload allocation to generate, register, and trade water
  157  quality credits for the excess reductions to enable other
  158  sources to achieve their allocation; however, the generation of
  159  water quality credits does not remove the obligation of a source
  160  or activity to meet applicable technology requirements or
  161  adopted best management practices. Such plans must allow trading
  162  between NPDES permittees, and trading that may or may not
  163  involve NPDES permittees, where the generation or use of the
  164  credits involve an entity or activity not subject to department
  165  water discharge permits whose owner voluntarily elects to obtain
  166  department authorization for the generation and sale of credits.
  167         8. The provisions of the department’s rule relating to the
  168  equitable abatement of pollutants into surface waters do not
  169  apply to water bodies or water body segments for which a basin
  170  management plan that takes into account future new or expanded
  171  activities or discharges has been adopted under this section.
  172         (b) Total maximum daily load implementation.—
  173         1. The department shall be the lead agency in coordinating
  174  the implementation of the total maximum daily loads through
  175  existing water quality protection programs. Application of a
  176  total maximum daily load by a water management district must be
  177  consistent with this section and does not require the issuance
  178  of an order or a separate action pursuant to s. 120.536(1) or s.
  179  120.54 for the adoption of the calculation and allocation
  180  previously established by the department. Such programs may
  181  include, but are not limited to:
  182         a. Permitting and other existing regulatory programs,
  183  including water-quality-based effluent limitations;
  184         b. Nonregulatory and incentive-based programs, including
  185  best management practices, cost sharing, waste minimization,
  186  pollution prevention, agreements established pursuant to s.
  187  403.061(21), and public education;
  188         c. Other water quality management and restoration
  189  activities, for example surface water improvement and management
  190  plans approved by water management districts or basin management
  191  action plans developed pursuant to this subsection;
  192         d. Trading of water quality credits or other equitable
  193  economically based agreements;
  194         e. Public works including capital facilities; or
  195         f. Land acquisition.
  196         2. For a basin management action plan adopted pursuant to
  197  paragraph (a), any management strategies and pollutant reduction
  198  requirements associated with a pollutant of concern for which a
  199  total maximum daily load has been developed, including effluent
  200  limits set forth for a discharger subject to NPDES permitting,
  201  if any, must be included in a timely manner in subsequent NPDES
  202  permits or permit modifications for that discharger. The
  203  department may not impose limits or conditions implementing an
  204  adopted total maximum daily load in an NPDES permit until the
  205  permit expires, the discharge is modified, or the permit is
  206  reopened pursuant to an adopted basin management action plan.
  207         a. Absent a detailed allocation, total maximum daily loads
  208  must be implemented through NPDES permit conditions that provide
  209  for a compliance schedule. In such instances, a facility’s NPDES
  210  permit must allow time for the issuance of an order adopting the
  211  basin management action plan. The time allowed for the issuance
  212  of an order adopting the plan may not exceed 5 years. Upon
  213  issuance of an order adopting the plan, the permit must be
  214  reopened or renewed, as necessary, and permit conditions
  215  consistent with the plan must be established. Notwithstanding
  216  the other provisions of this subparagraph, upon request by an
  217  NPDES permittee, the department as part of a permit issuance,
  218  renewal, or modification may establish individual allocations
  219  before the adoption of a basin management action plan.
  220         b. For holders of NPDES municipal separate storm sewer
  221  system permits and other stormwater sources, implementation of a
  222  total maximum daily load or basin management action plan must be
  223  achieved, to the maximum extent practicable, through the use of
  224  best management practices or other management measures.
  225         c. The basin management action plan does not relieve the
  226  discharger from any requirement to obtain, renew, or modify an
  227  NPDES permit or to abide by other requirements of the permit.
  228         d. Management strategies set forth in a basin management
  229  action plan to be implemented by a discharger subject to
  230  permitting by the department must be completed pursuant to the
  231  schedule set forth in the basin management action plan. This
  232  implementation schedule may extend beyond the 5-year term of an
  233  NPDES permit.
  234         e. Management strategies and pollution reduction
  235  requirements set forth in a basin management action plan for a
  236  specific pollutant of concern are not subject to challenge under
  237  chapter 120 at the time they are incorporated, in an identical
  238  form, into a subsequent NPDES permit or permit modification.
  239         f. For nonagricultural pollutant sources not subject to
  240  NPDES permitting but permitted pursuant to other state,
  241  regional, or local water quality programs, the pollutant
  242  reduction actions adopted in a basin management action plan must
  243  be implemented to the maximum extent practicable as part of
  244  those permitting programs.
  245         g. A nonpoint source discharger included in a basin
  246  management action plan must demonstrate compliance with the
  247  pollutant reductions established under subsection (6) by
  248  implementing the appropriate best management practices
  249  established pursuant to paragraph (c) or conducting water
  250  quality monitoring prescribed by the department or a water
  251  management district. A nonpoint source discharger may, in
  252  accordance with department rules, supplement the implementation
  253  of best management practices with water quality credit trades in
  254  order to demonstrate compliance with the pollutant reductions
  255  established under subsection (6).
  256         h. A nonpoint source discharger included in a basin
  257  management action plan may be subject to enforcement action by
  258  the department or a water management district based upon a
  259  failure to implement the responsibilities set forth in sub
  260  subparagraph g.
  261         i. A landowner, discharger, or other responsible person who
  262  is implementing applicable management strategies specified in an
  263  adopted basin management action plan may not be required by
  264  permit, enforcement action, or otherwise to implement additional
  265  management strategies, including water quality credit trading,
  266  to reduce pollutant loads to attain the pollutant reductions
  267  established pursuant to subsection (6) and shall be deemed to be
  268  in compliance with this section. This subparagraph does not
  269  limit the authority of the department to amend a basin
  270  management action plan as specified in subparagraph (a)6.
  271         (c) Best management practices.—
  272         1. The department, in cooperation with the water management
  273  districts and other interested parties, as appropriate, may
  274  develop suitable interim measures, best management practices, or
  275  other measures necessary to achieve the level of pollution
  276  reduction established by the department for nonagricultural
  277  nonpoint pollutant sources in allocations developed pursuant to
  278  subsection (6) and this subsection. These practices and measures
  279  may be adopted by rule by the department and the water
  280  management districts and, when where adopted by rule, shall be
  281  implemented by those parties responsible for nonagricultural
  282  nonpoint source pollution.
  283         2. The Department of Agriculture and Consumer Services may
  284  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
  285  suitable interim measures, best management practices, or other
  286  measures necessary to achieve the level of pollution reduction
  287  established by the department for agricultural pollutant sources
  288  in allocations developed pursuant to subsection (6) and this
  289  subsection or for programs implemented pursuant to paragraph
  290  (12)(b). These practices and measures may be implemented by
  291  those parties responsible for agricultural pollutant sources and
  292  the department, the water management districts, and the
  293  Department of Agriculture and Consumer Services shall assist
  294  with implementation. In the process of developing and adopting
  295  rules for interim measures, best management practices, or other
  296  measures, the Department of Agriculture and Consumer Services
  297  shall consult with the department, the Department of Health, the
  298  water management districts, representatives from affected
  299  farming groups, and environmental group representatives. Such
  300  rules must also incorporate provisions for a notice of intent to
  301  implement the practices and a system to assure the
  302  implementation of the practices, including site inspection and
  303  recordkeeping requirements.
  304         3. When Where interim measures, best management practices,
  305  or other measures are adopted by rule, the effectiveness of such
  306  practices in achieving the levels of pollution reduction
  307  established in allocations developed by the department pursuant
  308  to subsection (6) and this subsection or in programs implemented
  309  pursuant to paragraph (12)(b) must be verified at representative
  310  sites by the department. The department shall use best
  311  professional judgment in making the initial verification that
  312  the best management practices are reasonably expected to be
  313  effective and, where applicable, must notify the appropriate
  314  water management district or the Department of Agriculture and
  315  Consumer Services of its initial verification before the
  316  adoption of a rule proposed pursuant to this paragraph.
  317  Implementation, in accordance with rules adopted under this
  318  paragraph, of practices that have been initially verified to be
  319  effective, or verified to be effective by monitoring at
  320  representative sites, by the department, shall provide a
  321  presumption of compliance with state water quality standards and
  322  release from the provisions of s. 376.307(5) for those
  323  pollutants addressed by the practices, and the department is not
  324  authorized to institute proceedings against the owner of the
  325  source of pollution to recover costs or damages associated with
  326  the contamination of surface water or groundwater caused by
  327  those pollutants. Research projects funded by the department, a
  328  water management district, or the Department of Agriculture and
  329  Consumer Services to develop or demonstrate interim measures or
  330  best management practices shall be granted a presumption of
  331  compliance with state water quality standards and a release from
  332  the provisions of s. 376.307(5). The presumption of compliance
  333  and release is limited to the research site and only for those
  334  pollutants addressed by the interim measures or best management
  335  practices. Eligibility for the presumption of compliance and
  336  release is limited to research projects on sites where the owner
  337  or operator of the research site and the department, a water
  338  management district, or the Department of Agriculture and
  339  Consumer Services have entered into a contract or other
  340  agreement that, at a minimum, specifies the research objectives,
  341  the cost-share responsibilities of the parties, and a schedule
  342  that details the beginning and ending dates of the project.
  343         4. When Where water quality problems are demonstrated,
  344  despite the appropriate implementation, operation, and
  345  maintenance of best management practices and other measures
  346  required by rules adopted under this paragraph, the department,
  347  a water management district, or the Department of Agriculture
  348  and Consumer Services, in consultation with the department,
  349  shall institute a reevaluation of the best management practice
  350  or other measure. Should the reevaluation determine that the
  351  best management practice or other measure requires modification,
  352  the department, a water management district, or the Department
  353  of Agriculture and Consumer Services, as appropriate, shall
  354  revise the rule to require implementation of the modified
  355  practice within a reasonable time period as specified in the
  356  rule.
  357         5. Agricultural records relating to processes or methods of
  358  production, costs of production, profits, or other financial
  359  information held by the Department of Agriculture and Consumer
  360  Services pursuant to subparagraphs 3. and 4. or pursuant to any
  361  rule adopted pursuant to subparagraph 2. are confidential and
  362  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  363  Constitution. Upon request, records made confidential and exempt
  364  pursuant to this subparagraph shall be released to the
  365  department or any water management district provided that the
  366  confidentiality specified by this subparagraph for such records
  367  is maintained.
  368         6. The provisions of Subparagraphs 1. and 2. do not
  369  preclude the department or water management district from
  370  requiring compliance with water quality standards or with
  371  current best management practice requirements set forth in any
  372  applicable regulatory program authorized by law for the purpose
  373  of protecting water quality. Additionally, subparagraphs 1. and
  374  2. are applicable only to the extent that they do not conflict
  375  with any rules adopted by the department that are necessary to
  376  maintain a federally delegated or approved program.
  377         (d) Enforcement and verification of basin management action
  378  plans and management strategies.—
  379         1. Basin management action plans are enforceable pursuant
  380  to this section and ss. 403.121, 403.141, and 403.161.
  381  Management strategies, including best management practices and
  382  water quality monitoring, are enforceable under this chapter.
  383         2. No later than January 1, 2017:
  384         a. The department, in consultation with the water
  385  management districts and the Department of Agriculture and
  386  Consumer Services, shall initiate rulemaking to adopt procedures
  387  to verify implementation of water quality monitoring required in
  388  lieu of implementation of best management practices or other
  389  measures pursuant to sub-subparagraph (b)2.g.;
  390         b. The department, in consultation with the water
  391  management districts and the Department of Agriculture and
  392  Consumer Services, shall initiate rulemaking to adopt procedures
  393  to verify implementation of nonagricultural interim measures,
  394  best management practices, or other measures adopted by rule
  395  pursuant to subparagraph (c)1.; and
  396         c. The Department of Agriculture and Consumer Services, in
  397  consultation with the water management districts and the
  398  department, shall initiate rulemaking to adopt procedures to
  399  verify implementation of agricultural interim measures, best
  400  management practices, or other measures adopted by rule pursuant
  401  to subparagraph (c)2.
  402  
  403  The rules required under this subparagraph shall include
  404  enforcement procedures applicable to the landowner, discharger,
  405  or other responsible person required to implement applicable
  406  management strategies, including best management practices or
  407  water quality monitoring as a result of noncompliance.
  408         3.A nonagricultural and agricultural nonpoint source owner
  409  or operator who discharges into a basin included in an adopted
  410  basin management action plan must comply with the following, as
  411  applicable, within 5 years after the date of the adoption of the
  412  basin management action plan or an amendment thereto that
  413  imposes new requirements:
  414         a.For a nonagricultural nonpoint source discharger,
  415  nonagricultural interim measures, nonagricultural best
  416  management practices, or other measures adopted by rule pursuant
  417  to subparagraph (c)1. or management measures adopted in a basin
  418  management action plan.
  419         b.For an agricultural nonpoint source discharger,
  420  agricultural interim measures, agricultural best management
  421  practices, or other measures adopted by rule pursuant to
  422  subparagraph (c)2. and implemented according to a notice of
  423  intent filed by the agricultural nonpoint source discharger.
  424         c.For an agricultural and nonagricultural nonpoint source
  425  discharger who opts to implement water quality monitoring in
  426  lieu of compliance with sub-subparagraph a. or sub-subparagraph
  427  b., water quality monitoring required under sub-subparagraph
  428  (b)2.g.
  429         4.Implementation of actions in subparagraph 3. shall be
  430  verified by a site visit at least once every 2 years by the
  431  responsible agency as follows:
  432         a.For nonagricultural interim measures, nonagricultural
  433  best management practices, or other measures adopted by rule
  434  pursuant to subparagraph (c)1., verification by the department
  435  or water management district, as appropriate.
  436         b.For agricultural interim measures, agricultural best
  437  management practices, or other measures adopted by rule pursuant
  438  to subparagraph (c)2., verification by the Department of
  439  Agriculture and Consumer Services.
  440         c.For management measures adopted in a basin management
  441  action plan, verification by the department.
  442  
  443  If verification pursuant to this subparagraph cannot be
  444  accomplished every 2 years, the responsible agency shall include
  445  recommendations for meeting the intent of the verification along
  446  with a budget request as part of the progress report required
  447  under s. 403.0675.
  448         (e)Cooperative agricultural regional water quality
  449  improvement element.
  450         1.The department, the Department of Agriculture and
  451  Consumer Services, and owners of agricultural operations in the
  452  basin shall develop a cooperative agricultural regional water
  453  quality improvement element as part of a basin management action
  454  plan only if:
  455         a.Agricultural measures have been adopted by the
  456  Department of Agriculture and Consumer Services pursuant to
  457  subparagraph (c)2. and have been implemented and the waterbody
  458  remains impaired;
  459         b.Agricultural nonpoint sources contribute to at least 20
  460  percent of nonpoint source nutrient discharges; and
  461         c.The department determines that additional measures, in
  462  combination with state-sponsored regional projects and other
  463  management strategies included in the basin management action
  464  plan, are necessary to achieve the total maximum daily load.
  465         2.The element will be implemented through a cost-sharing
  466  program as provided by law. The element must include cost
  467  effective and technically and financially practical cooperative
  468  regional agricultural nutrient reduction projects that can be
  469  implemented on private properties on a site-specific,
  470  cooperative basis if funding is made available as provided by
  471  law. Such cooperative regional agricultural nutrient reduction
  472  projects may include land acquisition in fee or conservation
  473  easements on the lands of willing sellers and site-specific
  474  water quality improvement or dispersed water management projects
  475  on the lands of program participants.
  476         3.To qualify for participation in the cooperative
  477  agricultural regional water quality improvement element, the
  478  participant must have already implemented the interim measures,
  479  best management practices, or other measures adopted by the
  480  Department of Agriculture and Consumer Services pursuant to
  481  subparagraph (c)2. The element may be included in the basin
  482  management action plan as a part of the next 5-year assessment
  483  under subparagraph (a)6.
  484         (f)Cooperative urban, suburban, commercial, or
  485  institutional regional water quality improvement element.
  486         1.The department, the Department of Health, local
  487  governments, and water management districts with jurisdiction in
  488  the basin shall develop a cooperative urban, suburban,
  489  commercial, or institutional regional water quality improvement
  490  element as part of a basin management action plan in which:
  491         a.Nonagricultural interim measures and nonagricultural
  492  best management practices have been implemented and the
  493  waterbody remains impaired;
  494         b.Nonagricultural nonpoint sources contribute to at least
  495  20 percent of nonpoint source nutrient discharges; and
  496         c.The department determines that additional measures, in
  497  combination with state-sponsored regional projects and other
  498  management strategies included in the basin management action
  499  plan, are necessary to achieve the total maximum daily load.
  500         2.The element shall be implemented through a cost-sharing
  501  program as provided by general law. The element must include
  502  cost-effective and technically and financially practical
  503  cooperative regional nutrient reduction projects that can be
  504  implemented on urban, suburban, commercial, or institutional
  505  properties if funding is made available as provided by general
  506  law. The element must be included in the basin management action
  507  plan as a part of the next 5-year assessment under subparagraph
  508  (a)6.
  509         (g)Data collection and research.
  510         1.The Department of Agriculture and Consumer Services
  511  shall work with the department to improve the accuracy of data
  512  used to estimate agricultural land uses in the basin management
  513  action plan and work with producers to identify agricultural
  514  technologies that are cost-effective and technically and
  515  financially practical and could be implemented on agricultural
  516  lands if funding is made available as provided by general law.
  517         2.The University of Florida Institute of Food and
  518  Agricultural Sciences shall work with the Department of
  519  Agriculture and Consumer Services to develop a research plan and
  520  a legislative budget request to:
  521         a.Evaluate and, if cost-effective and technically and
  522  financially practical, suggest enhancements to adopted best
  523  management practices;
  524         b.Develop new best management practices that are cost
  525  effective and technically and financially practical and that,
  526  when proven, can be considered by the Department of Agriculture
  527  and Consumer Services for rule adoption pursuant to paragraph
  528  (c); and
  529         c.Develop technically and financially practical
  530  cooperative agricultural nutrient reduction projects to be
  531  considered by the department for inclusion in a basin management
  532  action plan pursuant to paragraph (e) that will reduce the
  533  nutrient impacts from agricultural operations on surface and
  534  groundwater quality.
  535         3.The department shall work with the University of Florida
  536  Institute of Food and Agricultural Sciences and regulated
  537  entities to consider the adoption by rule of best management
  538  practices for nutrient impacts from golf courses. Such adopted
  539  best management practices are subject to the requirements of
  540  paragraph (c).
  541         (14)NUTRIENT REDUCTION COST-SHARE PROGRAM.—A nutrient
  542  reduction cost-share program is established within the
  543  department.
  544         (a)Subject to appropriation, the department may provide
  545  funding for the following projects in a basin management action
  546  plan or an alternative restoration plan that will individually
  547  or collectively reduce nutrient pollution:
  548         1.Projects to retrofit onsite sewage treatment and
  549  disposal systems.
  550         2.Projects to construct, upgrade, or expand facilities to
  551  provide advanced waste treatment as defined in s. 403.086(4).
  552         3.Projects to connect onsite sewage treatment and disposal
  553  systems to central sewer facilities.
  554         4.Projects identified in the cooperative urban, suburban,
  555  commercial, or institutional regional water quality improvement
  556  element pursuant to paragraph (7)(f).
  557         5.Projects identified in the cooperative agricultural
  558  regional water quality improvement element pursuant to paragraph
  559  (7)(e).
  560         6.Data collection and research activities identified in
  561  paragraph (7)(g).
  562         (b)In allocating funds for projects, the department shall
  563  prioritize projects in subbasins with the highest nutrient
  564  concentrations within a basin management action plan and
  565  projects that are identified in subparagraphs (a)1.-5. For
  566  projects identified in subparagraphs (a)1.-4., further
  567  prioritization must be given to projects that subsidize the
  568  connection of onsite sewage treatment and disposal systems to a
  569  wastewater treatment plant or that subsidize inspections and
  570  assessments of onsite sewage treatment and disposal systems.
  571         (c)In determining the priority of projects pursuant to
  572  paragraph (b), the department shall consider the following for
  573  each project:
  574         1.The estimated reduction in nutrient load.
  575         2.Readiness.
  576         3.Cost-effectiveness.
  577         4.Overall environmental benefit.
  578         5.The location within the plan area.
  579         6.The availability of local matching funds.
  580         7.Projected water savings or water quantity improvements.
  581         (d)Each project described in subparagraphs (a)1.-3. must
  582  require a minimum of 50 percent local matching funds. However,
  583  the department may, at its discretion, waive, in whole or in
  584  part, consideration of the local contribution for proposed
  585  projects within an area designated as a rural area of
  586  opportunity as defined in s. 288.0656(2).
  587         (e)The department shall coordinate with the Department of
  588  Agriculture and Consumer Services, the University of Florida
  589  Institute of Food and Agricultural Sciences, and each water
  590  management district, as necessary, in allocating funds
  591  appropriated pursuant to paragraph (a).
  592         (f)Beginning January 1, 2021, and each January 1
  593  thereafter, the department shall submit a report regarding the
  594  projects funded pursuant to this subsection to the Governor, the
  595  President of the Senate, and the Speaker of the House of
  596  Representatives.
  597         (g)The nutrient reduction cost-share program is in
  598  addition to, and does not replace, existing funding
  599  authorizations.
  600         (15)RURAL HOMESTEADS.—
  601         (a)The Legislature recognizes that lands classified as
  602  agricultural by property appraisers may include rural homesteads
  603  in addition to producing agricultural lands. It is the intent of
  604  the Legislature to support those who seek to establish and
  605  maintain rural homesteads and focus on a sustainable, self
  606  supporting lifestyle.
  607         (b)As used in this subsection, the term “rural homesteads”
  608  means low-density rural residential properties up to 50 acres in
  609  size which are homesites and noncommercial in nature that
  610  include single-family homes and accessory structures together
  611  with the keeping of livestock, horses, traditional farm animals
  612  and poultry, and the planting and maintenance of groves and
  613  gardens for the primary purpose of serving the needs and
  614  interests of those living on the property.
  615         (c)Rural homesteads are not subject to the requirements of
  616  paragraph (7)(c). However, if any activity on a rural homestead
  617  rises to the level of bona fide agricultural activity and is
  618  classified as agricultural use pursuant to s. 193.461, the land
  619  owner must comply with the requirements of paragraph (7)(c).
  620         Section 2. Section 403.0675, Florida Statutes, is amended
  621  to read:
  622         403.0675 Progress reports.—On or before July 1 of each
  623  year, beginning in 2018:
  624         (1) On or before July 1 of each year:
  625         (a)Beginning in 2018, the department, in conjunction with
  626  the water management districts, shall post on its website and
  627  submit electronically an annual progress report to the Governor,
  628  the President of the Senate, and the Speaker of the House of
  629  Representatives on the status of each total maximum daily load,
  630  basin management action plan, minimum flow or minimum water
  631  level, and recovery or prevention strategy adopted pursuant to
  632  s. 403.067 or parts I and VIII of chapter 373. The report must
  633  include the status of each project identified to achieve a total
  634  maximum daily load or an adopted minimum flow or minimum water
  635  level, as applicable. If a report indicates that any of the 5
  636  year, 10-year, or 15-year milestones, or the 20-year target
  637  date, if applicable, for achieving a total maximum daily load or
  638  a minimum flow or minimum water level will not be met, the
  639  report must include an explanation of the possible causes and
  640  potential solutions. If applicable, the report must include
  641  project descriptions, estimated costs, proposed priority ranking
  642  for project implementation, and funding needed to achieve the
  643  total maximum daily load or the minimum flow or minimum water
  644  level by the target date. Each water management district shall
  645  post the department’s report on its website.
  646         (b)Beginning in 2021, the department shall include in the
  647  report required under paragraph (a):
  648         1.The status of the results of verification of the
  649  stormwater systems and nonagricultural best management
  650  practices.
  651         2.The number of landowners, dischargers, or other
  652  responsible persons required to implement applicable management
  653  strategies, including best management practices or water quality
  654  monitoring, who did not comply with such requirements.
  655         (2)(a) The Department of Agriculture and Consumer Services
  656  shall post on its website and submit electronically an annual
  657  progress report to the Governor, the President of the Senate,
  658  and the Speaker of the House of Representatives on the status of
  659  the implementation of the agricultural nonpoint source best
  660  management practices, including an implementation assurance
  661  report summarizing survey responses and response rates, site
  662  inspections, and other methods used to verify implementation of
  663  and compliance with best management practices pursuant to basin
  664  management action plans.
  665         (b)Beginning July 1, 2021, and each July 1 thereafter, the
  666  Department of Agriculture and Consumer Services shall include in
  667  the progress report required under paragraph (a) a status of the
  668  results of implementation of agricultural nonpoint source best
  669  management practices in the following categories:
  670         1.Irrigated and nonirrigated agricultural acres.
  671         2.Fallow agricultural acres.
  672         3.Agricultural parcels of fewer than 50 acres, excluding
  673  rural homesteads as defined in s. 403.067(15).
  674         (3)For the progress reports submitted on July 1, 2021, and
  675  July 1, 2022, the department and the Department of Agriculture
  676  and Consumer Services shall address the priority focus areas
  677  identified in the basin management action plans.
  678         Section 3. Subsection (9) is added to section 403.412,
  679  Florida Statutes, to read:
  680         403.412 Environmental Protection Act.—
  681         (9)(a)A local government regulation, ordinance, code,
  682  rule, comprehensive plan, or charter may not recognize, grant,
  683  convey, or extend legal standing or legal rights, as those terms
  684  are generally construed, to a plant, an animal, a body of water,
  685  or any other part of the natural environment which is not a
  686  person or a political subdivision as defined in s. 1.01(8),
  687  unless otherwise specifically authorized by state law or the
  688  State Constitution.
  689         (b)This subsection may not be interpreted or construed to
  690  do any of the following:
  691         1.Limit the ability of the Department of Legal Affairs,
  692  any political subdivision of the state, or a resident of this
  693  state to maintain an action for injunctive relief as provided in
  694  this section.
  695         2.Limit the ability of an aggrieved or adversely affected
  696  party to appeal and challenge the consistency of a development
  697  order with a comprehensive plan, as provided in s. 163.3215, or
  698  to file an action for injunctive relief to enforce the terms of
  699  a development agreement or to challenge compliance of the
  700  agreement with the Florida Local Government Development
  701  Agreement Act, as provided in s. 163.3243.
  702         Section 4. This act shall take effect July 1, 2020.