Bill Text: FL S1000 | 2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Nutrient Application Rates

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2022-06-09 - Chapter No. 2022-177 [S1000 Detail]

Download: Florida-2022-S1000-Introduced.html

---

       Florida Senate - 2022                                    SB 1000
       
       
        
       By Senator Albritton
       
       
       
       
       
       26-00596B-22                                          20221000__
    1                        A bill to be entitled                      
    2         An act relating to nutrient application rates;
    3         amending s. 576.011, F.S.; defining the terms
    4         “certified professional” and “rate tailoring”;
    5         amending s. 576.045, F.S.; providing legislative
    6         findings and intent; authorizing the use of rate
    7         tailoring in specified circumstances; authorizing
    8         producers to use written recommendations from
    9         certified professionals to tailor their recommended
   10         nutrient application rates under certain
   11         circumstances; requiring producers to keep records
   12         regarding the determination that the published
   13         nutrient application rates are not appropriate and any
   14         recommendations for rate tailoring for a specified
   15         period of time; requiring producers using rate
   16         tailoring to enroll in and implement certain
   17         applicable best management practices; requiring
   18         revisions to recommended application rates by certain
   19         state universities and Florida College System
   20         institutions to authorize rate tailoring; providing a
   21         presumption of compliance with certain requirements
   22         for producers using rate tailoring; extending the
   23         expiration of a certain provision; amending s.
   24         403.067, F.S.; conforming a provision to changes made
   25         by the act; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Present subsections (5) through (31) and (32)
   30  through (42) of section 576.011, Florida Statutes, are
   31  redesignated as subsections (6) through (32) and (34) through
   32  (44), respectively, and new subsections (5) and (33) are added
   33  to that section, to read:
   34         576.011 Definitions.—When used in this chapter, the term:
   35         (5) “Certified professional” means an individual who holds
   36  a certified crop adviser designation issued by the American
   37  Society of Agronomy, who has passed the society’s Southeast
   38  Region Certified Crop Adviser Exam, and whose credentials have
   39  been verified by the society’s Florida Certified Crop Adviser
   40  Board.
   41         (33) “Rate tailoring” means the application of nutrients in
   42  accordance with s. 576.045(4).
   43         Section 2. Section 576.045, Florida Statutes, is amended to
   44  read:
   45         576.045 Nitrogen and phosphorus; findings and intent; fees;
   46  purpose; best management practices; waiver of liability;
   47  compliance; rules; exclusions; expiration.—
   48         (1) FINDINGS AND INTENT.—
   49         (a) The Legislature finds that:
   50         1. Nitrogen and phosphorus residues have been found in
   51  groundwater, surface water, and drinking water in various areas
   52  throughout this the state at levels in excess of established
   53  water quality standards. The Legislature further finds that some
   54  fertilization-management practices could be a source of such
   55  contamination.
   56         2. Nutrient application rate recommendations are general
   57  guidelines, not site-specific absolute rates, and that such
   58  rates may not take into account the latest methods of producing
   59  agricultural commodities or changes to nutrient application
   60  practices which are appropriate due to disease, new crop
   61  varieties, changes in United States Department of Agriculture
   62  Agricultural Marketing Service standards, growing techniques, or
   63  market conditions.
   64         3. To gain efficiency and be able to compete successfully
   65  with foreign producers that benefit from lower costs of
   66  production and favorable trade conditions, many producers in
   67  this state grow more product per acre, resulting in higher
   68  production at lower overall costs. This high-efficiency crop
   69  production requires nutrient application to be based on the
   70  intensity of production on a per-acre basis, rather than the
   71  lower per-acre production on which past research based its
   72  recommended nutrient application rate.
   73         4. Florida citrus faces challenges that include citrus
   74  greening, citrus canker, freezes, windstorms, and other events
   75  that result in the fruit not being harvested. In order to
   76  continue production of this state’s iconic crop, nutrient
   77  application rates must reflect fruit grown on the tree after the
   78  bloom during the growing season and not fruit ultimately
   79  harvested for market delivery.
   80         (b) It is the intent of the Legislature to:
   81         1. Improve fertilization-management practices as soon as
   82  practicable in a way that protects this the state’s water
   83  resources and preserves a viable agricultural industry. This
   84  goal is to be accomplished through research concerning best
   85  management practices and education and incentives for the
   86  agricultural industry and other major users of fertilizer.
   87         2. Accommodate continued agricultural production without
   88  interruption as research to formally revise nutrient application
   89  rates is completed.
   90         3. Authorize the use of rate tailoring in recommended
   91  nutrient application rates when rate tailoring is supported by
   92  written recommendations from a certified professional and
   93  documented using production and field data that is retained for
   94  review during the best management practices implementation
   95  verification process.
   96         (2) FEES.—
   97         (a) In addition to the fees imposed under ss. 576.021 and
   98  576.041, the following supplemental fees shall be collected and
   99  paid by licensees for the sole purpose of implementing this
  100  section:
  101         1. One hundred dollars for each license to distribute
  102  fertilizer.
  103         2. One hundred dollars for each specialty fertilizer
  104  registration.
  105         3. Fifty cents per ton for all fertilizer that contains
  106  nitrogen or phosphorus and that is sold in this state.
  107         (b) All fees paid to the department under this section are
  108  due and payable at the same time and in the same manner as the
  109  fees specified in ss. 576.021 and 576.041 and are subject to all
  110  provisions contained in those sections.
  111         (c) All fees paid under this section must be deposited into
  112  the General Inspection Trust Fund and are exempt from the
  113  provisions of s. 215.20. These funds are to be appropriated
  114  annually to the department and allocated according to a
  115  memorandum of understanding between the department and the
  116  Department of Environmental Protection. The allocation of
  117  indirect costs to these funds by any state agency is
  118  specifically prohibited.
  119         (3) USE OF FUNDS PURPOSE.—The funds collected pursuant to
  120  subsection (2) must be used by the department for:
  121         (a) Research, development, demonstration, and
  122  implementation of suitable interim measures, best management
  123  practices, or other measures used to achieve state water quality
  124  standards for nitrogen and phosphorus criteria. Implementation
  125  of interim measures, best management practices, and other
  126  measures may include cost-sharing grants, technical assistance,
  127  implementation tracking, and conservation leases or other
  128  agreements for water quality improvement.
  129         (b) Approving, adopting, publishing, and distributing
  130  interim measures, best management practices, or other measures.
  131  In the process of developing, approving, and adopting interim
  132  measures, best management practices, or other measures, the
  133  department shall consult with the Department of Environmental
  134  Protection, the Department of Health, the water management
  135  districts, environmental groups, the fertilizer industry, and
  136  representatives from the affected farming groups.
  137         (c) Reimbursing the Department of Environmental Protection
  138  for costs incurred which are associated with:
  139         1. Monitoring and verifying the effectiveness of the
  140  interim measures, best management practices, or other measures
  141  approved and adopted under subsection (7) (6) at representative
  142  sites. The Department of Environmental Protection shall use its
  143  best professional judgment in making the initial determination
  144  of the effectiveness of the interim measures, best management
  145  practices, or other measures.
  146         2. Sampling, analysis, and restoration of potable water
  147  supplies, pursuant to s. 376.307, found to contain levels of
  148  nitrate in excess of state water quality standards, which excess
  149  is determined to be the result of the application of fertilizers
  150  or other soil-applied nutritional materials containing nitrogen.
  151  
  152  This subsection must be implemented through a memorandum of
  153  understanding between the department and the Department of
  154  Environmental Protection.
  155         (4) RATE TAILORING.—The use of rate tailoring to
  156  recommended nutrient application rates is authorized where rate
  157  tailoring is supported by a certified professional.
  158         (a) When recommended nutrient application rates published
  159  by the Institute of Food and Agricultural Sciences at the
  160  University of Florida or other state universities and Florida
  161  College System institutions that have agricultural research
  162  programs are not appropriate for a specific producer due to soil
  163  conditions, disease, crop varieties, subsequent crop rotations,
  164  planting density, market requirements, or site-specific
  165  conditions, written recommendations from a certified
  166  professional may be used to tailor the recommended nutrient
  167  application rates for that producer. The determination that the
  168  published nutrient application rates are not appropriate and the
  169  recommendation for the tailoring of nutrient application rates
  170  must be documented with one or more of the following records, as
  171  appropriate: soil tests, plant tissue tests, pathology reports,
  172  yield response curves, growth records, or site-specific
  173  conditions, together with records specifying the application
  174  rate, the types or forms of nutrients used, the nutrient sources
  175  used, and the placement and timing of the nutrient sources. A
  176  producer must retain the records for 5 years to support the use
  177  of rate tailoring.
  178         (b) Producers using rate tailoring must be enrolled in and
  179  implementing all other best management practices adopted by the
  180  department and identified in the enrolled notice of intent
  181  required under subsections (5) and (6).
  182         (c) As recommended nutrient application rates for crops are
  183  revised by the Institute of Food and Agricultural Sciences at
  184  the University of Florida or other state universities and
  185  Florida College System institutions that have agricultural
  186  research programs, such recommendations must provide an
  187  application range or authorize rate tailoring to crop and field
  188  conditions.
  189         (d) Notwithstanding any other law, producers implementing
  190  rate tailoring in compliance with this section are provided a
  191  presumption of compliance with state water quality standards,
  192  may rely on the waiver of liability in subsection (5), and be
  193  deemed to be in compliance with s. 403.067(7)(c) and subsections
  194  (5) and (6).
  195         (5) WAIVER OF LIABILITY.—Notwithstanding any other
  196  provision of law, the Department of Environmental Protection may
  197  not is not authorized to institute proceedings against any
  198  person or the Federal Government under the provisions of s.
  199  376.307(5) to recover any costs or damages associated with
  200  nitrogen or phosphorus contamination of groundwater or surface
  201  water, or the evaluation, assessment, or remediation of such
  202  contamination of groundwater or surface water, including
  203  sampling, analysis, and restoration of potable water supplies,
  204  where the contamination of groundwater or surface water is
  205  determined to be the result of the application of fertilizers or
  206  other soil-applied nutritional materials containing nitrogen or
  207  phosphorus, provided the property owner or leaseholder:
  208         (a)1. Provides the department with a notice of intent to
  209  implement applicable interim measures, best management
  210  practices, or other measures adopted by the department which
  211  practices or measures have been verified by the Department of
  212  Environmental Protection to be effective; and
  213         2. Implements applicable interim measures, best management
  214  practices, or other measures as soon as practicable according to
  215  rules adopted by the department or no longer applies fertilizers
  216  or other soil-applied nutritional materials containing nitrogen
  217  or phosphorus; or
  218         (b) No longer applies fertilizers or other soil-applied
  219  nutritional materials containing nitrogen or phosphorus as of
  220  the effective date of this section.
  221         (6)(5) COMPLIANCE.—If the property owner or leaseholder
  222  implements interim measures, best management practices, or other
  223  measures adopted by the department which practices or measures
  224  have been verified by the Department of Environmental Protection
  225  to be effective, and complies with the following, there is a
  226  presumption of compliance with state water quality standards for
  227  such criteria under this section and s. 403.067(7)(c) with
  228  respect to the application of fertilizers or other soil-applied
  229  nutritional materials containing nitrogen or phosphorus:
  230         (a)1. Provides the department with a notice of intent to
  231  implement applicable interim measures, best management
  232  practices, or other measures adopted by the department; and
  233         2. Implements applicable interim measures, best management
  234  practices, or other measures as soon as practicable according to
  235  rules adopted by the department or no longer applies fertilizers
  236  or other soil-applied nutritional materials containing nitrogen
  237  or phosphorus; or
  238         (b) No longer applies fertilizers or other soil-applied
  239  nutritional materials containing nitrogen or phosphorus as of
  240  the effective date of this section.
  241         (7)(6) RULEMAKING.—The department, in consultation with the
  242  Department of Environmental Protection, the Department of
  243  Health, the water management districts, environmental groups,
  244  the fertilizer industry, and representatives from the affected
  245  farming groups, shall adopt rules to:
  246         (a) Specify the requirements of interim measures, best
  247  management practices, or other measures to be implemented by
  248  property owners and leaseholders.
  249         (b) Establish procedures for property owners and
  250  leaseholders to submit the notice of intent to implement and
  251  comply with interim measures, best management practices, or
  252  other measures.
  253         (c) Establish schedules for implementation of interim
  254  measures, best management practices, or other measures.
  255         (d) Establish a system to assure the implementation of best
  256  management practices, including recordkeeping requirements.
  257         (8)(7) OTHER PROVISIONS.—
  258         (a) This section does not limit the authority of the
  259  Department of Environmental Protection to regulate discharges
  260  associated with the commercial feeding of livestock and poultry
  261  defined in chapter 585, including that of dairy farm and egg
  262  production operations, or the disposal of sludge, residuals, or
  263  septage. This paragraph does not grant additional authority to
  264  regulate these discharges.
  265         (b) This section does not limit federally delegated
  266  regulatory authority.
  267         (c) The Department of Environmental Protection may adopt
  268  rules to establish criteria for dairy farms which provide
  269  reasonable assurance that state nitrate groundwater quality
  270  standards will not be violated and which, provided such criteria
  271  are met, shall prohibit the Department of Environmental
  272  Protection from instituting proceedings against any dairy farmer
  273  under the provisions of s. 376.307(5) and shall provide a
  274  presumption of compliance with safe nitrate groundwater quality
  275  standards.
  276         (d) This section, except for subsection (2), does not apply
  277  to the manufacture, mixing, or blending of fertilizer, including
  278  fertilizer containing sludge, residuals, or septage.
  279         (9)(8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3),
  280  (5) (4), and (7) (6) expire on December 31, 2032 2022.
  281  Subsections (4), (6), (5) and (8) (7) expire on December 31,
  282  2037 2027.
  283         Section 3. Paragraph (c) of subsection (7) of section
  284  403.067, Florida Statutes, is amended to read:
  285         403.067 Establishment and implementation of total maximum
  286  daily loads.—
  287         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  288  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  289         (c) Best management practices.—
  290         1. The department, in cooperation with the water management
  291  districts and other interested parties, as appropriate, may
  292  develop suitable interim measures, best management practices, or
  293  other measures necessary to achieve the level of pollution
  294  reduction established by the department for nonagricultural
  295  nonpoint pollutant sources in allocations developed pursuant to
  296  subsection (6) and this subsection. These practices and measures
  297  may be adopted by rule by the department and the water
  298  management districts and, where adopted by rule, shall be
  299  implemented by those parties responsible for nonagricultural
  300  nonpoint source pollution.
  301         2. The Department of Agriculture and Consumer Services may
  302  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
  303  suitable interim measures, best management practices, or other
  304  measures necessary to achieve the level of pollution reduction
  305  established by the department for agricultural pollutant sources
  306  in allocations developed pursuant to subsection (6) and this
  307  subsection or for programs implemented pursuant to paragraph
  308  (12)(b). These practices and measures may be implemented by
  309  those parties responsible for agricultural pollutant sources,
  310  and the department, the water management districts, and the
  311  Department of Agriculture and Consumer Services shall assist
  312  with implementation. In the process of developing and adopting
  313  rules for interim measures, best management practices, or other
  314  measures, the Department of Agriculture and Consumer Services
  315  shall consult with the department, the Department of Health, the
  316  water management districts, representatives from affected
  317  farming groups, and environmental group representatives. Such
  318  rules must also incorporate provisions for a notice of intent to
  319  implement the practices and a system to assure the
  320  implementation of the practices, including site inspection and
  321  recordkeeping requirements.
  322         3. When interim measures, best management practices, or
  323  other measures are adopted by rule, the effectiveness of such
  324  practices in achieving the levels of pollution reduction
  325  established in allocations developed by the department pursuant
  326  to subsection (6) and this subsection or in programs implemented
  327  pursuant to paragraph (12)(b) must be verified at representative
  328  sites by the department. The department shall use its best
  329  professional judgment in making the initial verification that
  330  the best management practices are reasonably expected to be
  331  effective and, when applicable, shall notify the appropriate
  332  water management district or the Department of Agriculture and
  333  Consumer Services of its initial verification before the
  334  adoption of a rule proposed pursuant to this paragraph.
  335  Implementation, in accordance with rules adopted under this
  336  paragraph, of practices that have been initially verified to be
  337  effective, or verified to be effective by monitoring at
  338  representative sites, by the department, or are authorized by s.
  339  576.045, shall provide a presumption of compliance with state
  340  water quality standards and release from s. 376.307(5) for those
  341  pollutants addressed by the practices, and the department is not
  342  authorized to institute proceedings against the owner of the
  343  source of pollution to recover costs or damages associated with
  344  the contamination of surface water or groundwater caused by
  345  those pollutants. Research projects funded by the department, a
  346  water management district, or the Department of Agriculture and
  347  Consumer Services to develop or demonstrate interim measures or
  348  best management practices shall be granted a presumption of
  349  compliance with state water quality standards and a release from
  350  s. 376.307(5). The presumption of compliance and release is
  351  limited to the research site and only for those pollutants
  352  addressed by the interim measures or best management practices.
  353  Eligibility for the presumption of compliance and release is
  354  limited to research projects on sites where the owner or
  355  operator of the research site and the department, a water
  356  management district, or the Department of Agriculture and
  357  Consumer Services have entered into a contract or other
  358  agreement that, at a minimum, specifies the research objectives,
  359  the cost-share responsibilities of the parties, and a schedule
  360  that details the beginning and ending dates of the project.
  361         4. When water quality problems are demonstrated, despite
  362  the appropriate implementation, operation, and maintenance of
  363  best management practices and other measures required by rules
  364  adopted under this paragraph, the department, a water management
  365  district, or the Department of Agriculture and Consumer
  366  Services, in consultation with the department, shall institute a
  367  reevaluation of the best management practice or other measure.
  368  If the reevaluation determines that the best management practice
  369  or other measure requires modification, the department, a water
  370  management district, or the Department of Agriculture and
  371  Consumer Services, as appropriate, shall revise the rule to
  372  require implementation of the modified practice within a
  373  reasonable time period as specified in the rule.
  374         5. Subject to subparagraph 6., the Department of
  375  Agriculture and Consumer Services shall provide to the
  376  department information obtained pursuant to subparagraph (d)3.
  377         6. Agricultural records relating to processes or methods of
  378  production, costs of production, profits, or other financial
  379  information held by the Department of Agriculture and Consumer
  380  Services pursuant to subparagraphs 3., 4., and 5. or pursuant to
  381  any rule adopted pursuant to subparagraph 2. are confidential
  382  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  383  Constitution. Upon request, records made confidential and exempt
  384  pursuant to this subparagraph shall be released to the
  385  department or any water management district provided that the
  386  confidentiality specified by this subparagraph for such records
  387  is maintained.
  388         7. Subparagraphs 1. and 2. do not preclude the department
  389  or water management district from requiring compliance with
  390  water quality standards or with current best management practice
  391  requirements in any applicable regulatory program authorized by
  392  law for the purpose of protecting water quality. Additionally,
  393  subparagraphs 1. and 2. are applicable only to the extent that
  394  they do not conflict with any rules adopted by the department
  395  that are necessary to maintain a federally delegated or approved
  396  program.
  397         Section 4. This act shall take effect July 1, 2022.