2003 Amendment to Everglades Forever Act (EFA) In 2003, the Florida Legislature, by an overwhelming majority, passed
amendments to the 1994 Everglades Forever Act. Following the remarkable success
of
Phase I of the Everglades Forever Act, these amendments provide the framework
for Phase II and a road map for the future of Everglades Restoration.
Provides clear authority and direction for the
South Florida Water Management District (SFWMD) to meet existing
requirements to apply for renewal of Department
of Environmental
Protection (DEP) permits needed for the next phase of phosphorus
treatment in water flowing to the Everglades;
Approves a new SFWMD construction and research
schedule defined as the “Long-Term Plan” that includes all
of the improvements to the existing Stormwater Treatment Areas
(STAs) (nearly 42,000 acres) that scientists and engineers have
determined to
be scientifically justified and technically feasible. Funding and
construction deadlines are included;
Extends the existing EAA Agricultural Privilege
Tax ($25 per acre, $7.5 million per year) at the full rate for
an additional three years beyond its scheduled expiration in 2013
and provides that
payment of the tax complies with the constitutional “polluter pay” requirement;
Provides that after the extension, the Ag Privelege Tax
will continue indefinitely at the reduced rate of $10 per acre
to support operations and maintenance of the cleanup program;
Provides that the existing SFWMD levy of no
more than 0.1 mil of ad valorem revenue will be available,
with other revenue including the Agricultural Privilege Tax,
to fund the initial
13-year phase of the Long-Term Plan;
Provides that the Long-Term Plan will be implemented
for an initial 13-year phase (2003-2016) and will be reviewed
by the Legislature at least 10 years after this first phase
begins. A second
10-year phase will follow if approved by the Legislature and
further authorized by the Everglades Forever Act;
Requires that the Plan and incremental improvements
that may be required in 5-year intervals must meet the test
of “Best
Available Phosphorus Reduction Technology” (BAPRT) and must be
determined by the Department of Environmental Protection to
allow achievement of the phosphorus criterion for the Everglades
at the earliest practicable
date;
Requires legislative review of the Act and Long-Term
Plan before SFWMD can implement a second 10-year phase of the Plan;
Directs integration of the Long-Term Plan with
the larger State/Federal Comprehensive Everglades Restoration
Plan (“CERP”),
which is not mentioned in the original 1994 law;
Amends the permitting provisions for modifications
to the STAs in the Everglades Construction project to be reviewed
under the same statutory requirements applicable to all CERP
projects. These
modifications must be designed to achieve water quality standards
to the maximum extent practicable and under no circumstances
shall the project or strategy cause or contribute to a violation
of state
water
quality standards;
Authorizes “moderating provisions” as
part of the Everglades Phosphorus Criterion Rule adopted by
the Florida Department of Environmental Protection’s (DEP)
Environmental Regulation Commission (ERC). These provisions
may be available during implementation of the Long-Term Plan
and allow discharges
to areas previously impacted if net improvement
is shown. For unimpacted areas discharge may also be allowed
through a moderating provision if the DEP determines that environmental
benefits
clearly outweigh potential adverse impacts;
Specifies that nothing in the amendments will
modify existing cost share responsibilities between the State
and Federal governments under the Water Resource Development
Acts of 1996 and 2000;
Clarifies that nothing in the legislation changes
the proposed phosphorus criterion for the Everglades or limits
the authority of the DEP and ERC in adopting a proposed criterion
of 10
parts per billion; and;
Requires that the criterion be achieved at
the earliest practicable date.
The legislation does not:
Change the water quality requirements in the
Everglades Forever Act;
Delay any steps to reduce water pollution;
Remove any requirements for achieving water quality
criteria set by the Environmental Regulation Commission;
Interfere in any way with the state-federal CERP
partnership;
Violate the terms of the federal court settlement
agreement under Judge Moreno’s supervision;
Add any new taxes to support the cleanup; and;
Reduce the responsibility of the Everglades
Agricultural Area to be “primarily responsible” for the
removal of nutrients from water leaving the farms.
Achievements since 2003 EFA Amendments was enacted:
On July 8, 2003 the Environmental Regulation Commission
approved a total phosphorus (TP) crtierion of 10 parts per billion
(ppb). The TP criterion rule was subsequently upheld in its entirety
in a final order from an Administrative Law Judage on June 17, 2004,
and awaits approval by the U.S. Environmental Protection Agency.
