Questions and Answers: Proposed Amendments to Everglades Forever Act

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What is being proposed?

The Florida Legislature is considering proposed amendments to the 1994 Everglades Forever Act that strengthen Florida’s commitment to clean up pollution and improve water quality in the Everglades. This is the first time the Act has been updated since it became law nearly a decade ago and since the passage of the Comprehensive Everglades Restoration Plan to restore water flow through the Everglades.

What are the essential elements of the proposed amendments?

Endorses the use of “green technology,” specifically the optimization of treatment marshes, known as Stormwater Treatment Areas (STAs), and Best Management Practices (BMPs), as the most effective means available for reducing phosphorus in the Everglades Protection Area.
Requires that the South Florida Water Management District implement these green technologies as outlined in the Long-Term Plan to achieve the phosphorus criterion.
Upholds the integrity of the stringent 10 parts per billion (ppb) phosphorus standard proposed by the Department.
Establishes enforceable technology-based effluent limitations.
Allows expansion of the existing 47,000 acres of STAs if, in the future, additional treatment marsh is needed to further reduce phosphorus levels.
Requires water quality improvements in the Long-Term Plan be integrated with Congressionally authorized components of the Comprehensive Everglades Restoration Plan (CERP) to ensure consistency and reduce overall costs to the taxpayers without modifying any current state-federal cost sharing responsibilities for implementing CERP.
Requires the completion of the initial and second phases of the Long-Term Plan before eminent domain may be used to acquire privately owned land to expand the existing footprint of the Stormwater Treatment Areas.
Allows the use of ad valorem taxes, at their current level, for the design, construction and implementation, including operation and maintenance, of these “green technologies.”

How would the proposed amendments affect the 1992 Consent Decree?

Florida is currently in full compliance (and will remain in compliance) with the federal Consent Order to reduce phosphorus by 85 percent in the Loxahatchee National Wildlife Refuge and the Everglades National Park. Over the last decade, Stormwater Treatment Areas and Best Management Practices have cut total phosphorus by more than 60 percent into the entire Everglades Protection Area. Final construction and optimization of Stormwater Treatment Areas is projected to reduce phosphorus by 93 percent in 2006 and by 96 percent in 2011 since the project was initiated.

How would the proposed amendments affect the phosphorus criterion for the Everglades Protection Area?

The proposed amendments do not establish a numeric phosphorus criterion and do not affect the default numeric phosphorus criterion. The 1994 Everglades Forever Act required the Department to propose a numeric criterion for phosphorus by December 31, 2002. On December 11, 2001 - more than a year ahead of schedule - the Department proposed the first-ever, numeric criterion of 10 parts per billion for the Everglades Protection Area. The 10 ppb criterion is the scientific foundation for the proposed phosphorus water quality standard proposed by the Department and currently under review by the Environmental Regulation Commission. Proposed amendments by the Senate uphold the integrity of the 10 ppb criterion by establishing it, in law, as the planning goal.

How would the proposed amendments affect the compliance deadline for the phosphorus criterion?

The proposed amendments do not change the compliance deadline. The compliance deadline remains December 31, 2006, as mandated in the original 1994 Everglades Forever Act.

How will the amended law effect clean up of the Everglades?

The law provides clear direction to the South Florida Water Management District to implement a plan that cleans up pollution in the Everglades. New amendments provide an enforceable schedule and a mechanism that funds implementation of the plan - without raising property taxes or establishing new taxes for the people of Florida. Barring lengthy and costly lawsuits that prevent implementation of the plan, the law may accelerate restoration of the Everglades.

How will amending the Everglades Forever Act effect the proposed water quality standard for phosphorus?

The proposed amendments endorse the use of a technology-based rule with moderating provisions to achieve compliance with the water quality standard, which are the essential components of the rule proposed by the Department and currently under review by the Environmental Regulation Commission. The legislation also supports the implementation of the Long-Term Plan, which outlines a detailed strategy for achieving the 10 ppb criterion as soon as practicable.

What is the Long-Term Plan?

The 2003 Everglades Protection Area Tributary Basins Conceptual Plan for Achieving Long-Term Water Quality Goals, known as the Long-Term Plan, is a detailed strategy for reducing phosphorus in the Everglades Protection Area over 13 years (2003-2016).

How will optimizing STAs and BMPs improve water quality?

Adjusting the flow of water or adding vegetation in the Stormwater Treatment Areas and improving management practices on farms and in urban areas are proven methods for reducing phosphorus. As these technologies and management practices are refined and improved, more phosphorus will be removed from the water flowing into the Everglades.