Title: Innovative Agricultural Water Quality Enhancement Pilot Program

Summary: Establishes Innovative Agricultural Water Quality Enhancement Pilot Program within DEP for specified purpose; provides pilot program application & project selection requirements; requires projects to be available for certain inspection; provides that certain projects are eligible for specified funding & continuation of system operations; directs DEP to evaluate pilot program, submit report to Legislature, & adopt rules; provides for future repeal & review of pilot program; provides appropriation.

Full Text:
An act relating to the Innovative Agricultural Water Quality Enhancement Pilot Program; creating s. 403.068, F.S.; establishing the Innovative Agricultural Water Quality Enhancement Pilot Program within the Department of Environmental Protection for a specified purpose; providing program application and project selection requirements; requiring projects to be available for certain inspection; providing that certain projects are eligible for specified funding and continuation of system operations; directing the department to evaluate the program in consultation with specified entities and submit a report to the Legislature by a specified date; providing for future review and repeal of the program; providing that certain project partnerships are binding until terminated by the department; directing the department to adopt rules; providing an appropriation; providing an effective date. Be It Enacted by the Legisla ture of the State of Florida: Section 1. Section 403.068, Florida Statutes, is created to read: 403.068 Innovative Agricultural Water Quality Enhancement HB 1535 2021 Pilot Program.-(1)(a) The Innovative Agricultural Water Quality Enhancement Pilot Program i sestablished within the department. The purpose of the program is to develop, operate, and maintain innovative water quality enhancement projects in partnership with dairy farms as defined in s. 502.012 that are designed to evaluate the efficacy of innova tive, environmentally sustainable agricultural practices and technologies for dairy farms and other agricultural sectors and to improve surface and ground water quality. (b) At least one project must be located within the geographic boundaries of: 1. The Lake Okeechob ee Basin Management Action Plan. 2. The Lower Suwannee River Segment of the Suwannee River Basin Management Action Plan. If a project is not located in Lower Suwannee River Segment of the Suwannee River Basin Management Action Plan, the department may select a project within the geographic boundaries of the Santa Fe River Basin Management Action Plan. (2) A program applicant must submit an application to the department in a format prescribed by the department. (a) The application must include all of the following information: 1. A plan for the design, construction, operation, management, maintenance, and monitoring of water quality HB 1535 2021 enhancements from the agricultural properties that are participating in the project. 2. The location of the agricultural properties participating in the project, including whether the properties are located within a geographic area subject to a basin management action plan, a water use caution area, or a prevention or recovery strategy for a minimum flow or level. 3. A financial plan, including financial commitments for the development and long-term maintenance of the project. The financial plan may include a cooperative agreement among multiple dairy farms to collectively pool resources to support systems designed to capture, reuse, and treat stormwater to reduce nutrient loading to waters of the state. The financial plan must address any federal, state, regional, or local grants or other funding sources that have been applied for or secured for the proje ct. However, a financial commitment by an applicant is not a prerequisite for participation in the program. 4. A plan to reduce nutrient loading to waters of the state from existing loading for each participating dairy farm. 5. A water quality monitoring plan to evaluate the performance of innovative, environmentally sustainable agricultural practices. 6. A statement as to whether the applicant anticipates that the proposed innovative, environmentally sustainable agricultural practices may be applied in other agricultural HB 1535 2021 sectors. 7. A demonstration that the project does not cause or contribute to: a. Adverse water quantity or flooding impacts to receiving waters and adjacent lands. b. Adverse impacts to existing surface water storage and conveyance. c. Adverse impacts to the maintenance of surface or groundwater flows established pursuant to s. 373.042 or works of the district established pursuant to s. 373.086. d. Violations of state water quality standards. (b) The application may include the following supplemental information: 1. Any partnerships or collaborations through an in-kind contribution, financial support, or other arrangement with a water management district, the Department of Agriculture and Consumer Services, the Uni versity of Florida Institute of Food and Agricultural Sciences, or other private or governmental entity. 2. Any power cogeneration components related to methane digesters, renewable natural gas, electricity, or other renewable energy technologies. 3. Any water quality credit trade pursuant to s. 403.067(8) associated with the project. (3) Projects shall be selected at the discretion of the HB 1535 2021 department and subject to department review and comment. All aspects of projects planned and developed pursuant to this section must be available for inspection by the department, the Department of Agriculture and Consumer Services, and water management districts. (4) A project approved by the department that meets the requirements of this section and that operates in accordance with department rules and plans approved by the department is: (a) Eligible for state funding pursuant to this section. (b) If the project is incorporated into the applicable basin management action plan, eligible for state funding pursuant to s. 403.067(7)(e). (c) Not required to continue operating if the program is terminated unless the participant voluntarily chooses to continue operating the system. (5) By June 30, 2024, the department shall evaluate the program in consultation wi th program participants, the Department of Agriculture and Consumer Services, and the applicable water management districts and report its findings to the President of the Senate and the Speaker of the House of Representatives. The report must examine, at a minimum, the costs associated with the projects; the environmental benefits demonstrated by projects, including the level of nutrient load reductions into the waters of the state by participating properties; whether the innovative, environmentally sustai nable HB 1535 2021 agricultural practices and technologies used by the projects may be applied in other agricultural sectors; and the factors that prohibit or complicate the expansion of the innovative, environmentally sustainable agricultural practices used by the projects and how those factors can be mitigated or eliminated. (6) This section is repealed on October 2, 2025, unless reviewed and saved from repeal through reenactment by the Legislature. Any commitments entered into or benefits received pursuant to this section are binding for any project partnerships entered into before the repeal date unless or until the department terminates the project partnership. (7) The department shall adopt rules to implement and administer this section. Section 2. For the 2021-2022 fiscal year, the sum of $1.3 million in nonrecurring funds is appropriated from the General Revenue Fund to the Department of Environmental Protection for the Innovative Agricultural Water Quality Enhancement Pilot Program under s. 403.068, Flori da Statutes. Section 3. This act shall take effect July 1, 2021.