Florida Senate - 2010 SB 2056
By Senator Oelrich
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.
14 Be It Enacted by the Legislature of the State of Florida:
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
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.