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Bill Summary Details

Basin Management Action Plans (Watch)

CS/HB 1363 (Overdorf) imposes additional requirements on entities and agencies subject to Basin Management Action Plans established to achieve Total Maximum Daily Load requirements. The bill requires a nonagricultural and agricultural nonpoint source owner or operator who discharges into a basin included in an adopted BMAP to comply with interim measures, best management practices or other measures adopted by rule within five years after the date of BMAP adoption. The bill requires that implementation of such actions be verified by the responsible agency by a site visit at least once every two years. The bill requires the adoption of a cooperative agricultural regional water quality improvement element as part of a BMAP if: adopted agricultural measures have been implemented and the water body remains impaired; agricultural nonpoint sources contribute to at least 20% of nonpoint source nutrient discharges, and Department of Environmental Protection determines that additional measures are necessary to meet the TMDL. The bill requires the development of a cooperative urban, suburban, commercial or institutional regional water quality improvement element as part of a BMAP in which: nonagricultural interim measures and best management practices have been implemented and the waterbody remains impaired, nonagricultural nonpoint sources contribute at least 20% of nonpoint source nutrient discharges, and DEP determines additional measures are needed to achieve the TMDL. The bill establishes a nutrient reduction cost-share program within DEP to provide funding for specified projects in a BMAP, including projects identified in the new plan elements as authorized by the bill. The bill provides funding priority for projects and requires a 50% match of local funds. The bill exempts rural homesteads as defined in the bill from BMAP requirements, so long as the activity on such homestead does not rise to the level of bona fide agricultural activity and is classified as agricultural for tax assessment purposes. (O’Hara)