Senate Bill sb0486

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    Florida Senate - 2005                                   SB 486

    By Senator Dockery





    15-518-05

  1                      A bill to be entitled

  2         An act relating to phosphate mine reclamation;

  3         amending s. 378.034, F.S.; deleting an obsolete

  4         provision relating to the use of reclamation

  5         funds; amending s. 378.035, F.S.; deleting an

  6         obsolete provision authorizing the Department

  7         of Environmental Protection to expend certain

  8         funds; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 378.034, Florida Statutes, is

13  amended to read:

14         378.034  Submission of a reclamation program request;

15  procedures.--

16         (1)  The department shall establish by rule procedures

17  for a nonbinding preapplication review to assist a landowner

18  in submitting a reclamation program request.

19         (2)  Landowners shall reclaim all nonmandatory lands

20  which were put into use as clay settling areas after July 1,

21  1975, and on or before July 1, 1984, under the nonmandatory

22  land reclamation program, pursuant to the provisions of this

23  act. A landowner shall submit a reclamation program

24  application within 180 days after the land ceases to be used

25  as a clay settling area. The requirements of this subsection

26  are expressly contingent upon the availability of sufficient

27  funds in the Nonmandatory Land Reclamation Trust Fund

28  established pursuant to s. 211.3103.

29         (3)(a)  Landowners shall submit reclamation program

30  applications to the department by November 1 of each year for

31  funding consideration during the following year.

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 1         (b)  Each reclamation program application shall include

 2  a timetable for completion of the program and a completion

 3  date.

 4         (4)  The department staff shall review each reclamation

 5  program application to determine whether it complies with the

 6  standards and criteria for a reclamation program or for land

 7  acquisition and to determine its consistency with the master

 8  reclamation plan.

 9         (5)(a)  The department staff shall, by February 1 of

10  each year, present to the committee for its consideration

11  those reclamation program applications received by the

12  preceding November 1.

13         (b)  The department staff shall recommend an order of

14  priority for the reclamation program applications that is

15  consistent with subsection (6).

16         (c)  The recommendation of the department staff shall

17  include an estimate of the cost of each reclamation program or

18  land acquisition.

19         (6)  The committee shall recommend approval,

20  modification, or denial of the reclamation program

21  applications, associated cost estimates, and the department

22  staff's recommended prioritized list. Recommendations on the

23  order of priority shall be based, among other criteria, on the

24  following criteria; however, the committee may give greater

25  weight to one or more of the criteria depending on the overall

26  needs of the nonmandatory land reclamation program:

27         (a)  Whether health and safety hazards exist; and, if

28  so, such hazards shall be given the greatest weight;

29         (b)  Whether the economic or environmental utility or

30  the aesthetic value of the land will return naturally within a

31  reasonable period of time;

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 1         (c)  Whether there is a reasonable geographic and

 2  applicant diversity in light of previously awarded reclamation

 3  contracts, reclamation program applications before the

 4  committee, and the remaining eligible lands;

 5         (d)  Whether reclamation is in the public interest;

 6         (e)  Whether the land has been naturally reclaimed or

 7  is eligible for acquisition by the state for hunting, fishing,

 8  or other outdoor recreation purposes or for wildlife

 9  preservation;

10         (f)  Whether the land is to be reclaimed for

11  agricultural use and the applicant has agreed to maintain the

12  land in agricultural use for at least 5 years after the

13  completion of the reclamation;

14         (g)  Whether the program, alone or in conjunction with

15  other reclamation programs, will provide a substantial

16  regional benefit;

17         (h)  Whether the program, alone or in conjunction with

18  other reclamation programs, will benefit regional drainage

19  patterns;

20         (i)  Whether the land is publicly owned and will be

21  reclaimed for public purposes;

22         (j)  Whether the program includes a donation or

23  agreement to sell a portion of the program application area to

24  the state for outdoor recreational or wildlife habitat

25  protection purposes;

26         (k)  Whether the program is cost-effective in achieving

27  the goals of the nonmandatory land reclamation program; and

28         (l)  Whether the program will reclaim lands described

29  in subsection (2).

30         (7)  Until 1995, the funds available for approved

31  reclamation contracts and acquisitions of nonmandatory lands

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 1  shall not exceed 20 percent of the uncommitted fund balance of

 2  the trust fund at the beginning of each year. The prioritized

 3  list approved by the committee may contain more reclamation

 4  program applications than there are funds available during the

 5  year.

 6         (8)  Each year, 15 percent of the funds available for

 7  approved reclamation contracts, as set forth in subsection

 8  (7), shall be reserved for reclamation programs which are

 9  submitted by applicants other than corporations primarily

10  engaged in the mining or processing of phosphate ores to

11  create lands to be actively used for agricultural activities.

12  In the event that, in any given year, there are insufficient

13  applicants that meet the department criteria for approval to

14  use the funds reserved under this subsection, the remaining

15  moneys may be made available to other applicants.

16         (9)  The committee recommendations shall be submitted

17  to the secretary by April 1 of each year for final agency

18  action by June 1 of that year. The secretary shall approve, in

19  whole or in part, the list of reclamation program applications

20  in the order of priority in which the applications are

21  presented.

22         (10)  Any approved reclamation program application that

23  was not funded shall, at the request of the applicant, be

24  considered by the committee at its next meeting called for

25  that purpose, together with other reclamation program

26  applications received by November 1 of the next year.

27         (11)(a)  After receiving the approval of the secretary,

28  the department shall offer a reclamation contract to an

29  applicant within 30 days after the applicant's reclamation

30  program has been approved. The contracts shall be offered to

31  the applicants in their approved order on the priority list to

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 1  the extent funds are available. Each applicant shall have 30

 2  days in which to execute a reclamation contract. If the

 3  contract is not executed within 30 days, the application shall

 4  be dropped from the approved list for the current year.

 5         (b)  Reclamation contracts may not be signed and

 6  available funds may not be committed after June 30 of the year

 7  in which a reclamation program application is approved by the

 8  secretary.

 9         (c)  The amount of reimbursement for reclamation

10  activities allowed in the contract shall be a grant of money

11  equal to the estimated cost of the program as approved by the

12  secretary. In no event, however, shall the grant amount exceed

13  the maximum amounts specified in s. 378.037(1)(b).

14         (d)  After receiving the approval of the Governor and

15  Cabinet, each reclamation program application for the

16  acquisition of land shall be transferred to the Division of

17  State Lands, which shall acquire the lands in compliance with

18  the acquisition procedures of s. 253.025.

19         (12)  The department shall require by rule that owners

20  of eligible properties who intend to seek approval of a

21  reclamation program submit, not later than December 31, 1993,

22  a notice of intent to file an application for approval,

23  indicating the date upon which the application will be filed.

24         Section 2.  Section 378.035, Florida Statutes, is

25  amended to read:

26         378.035  Department responsibilities and duties with

27  respect to Nonmandatory Land Reclamation Trust Fund.--

28         (1)  The department shall administer the Nonmandatory

29  Land Reclamation Trust Fund.

30         (2)(a)  The department shall verify that reclamation

31  activities or portions thereof have been accomplished in

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 1  accordance with the reclamation contract and shall certify the

 2  cost of such reclamation activities to the Chief Financial

 3  Officer for reimbursement.

 4         (b)  Beginning in 1985, the department shall determine

 5  the maximum dollar amount a landowner may be reimbursed per

 6  reclaimed acre under an approved reclamation program.

 7         (c)  Nothing in this act precludes a landowner from

 8  performing the reclamation pursuant to the approved

 9  reclamation program, provided the landowner complies with the

10  provisions of this act.

11         (3)  If an applicant who has signed a reclamation

12  contract abandons the reclamation program prior to substantial

13  completion of the program, the department may spend the

14  remaining balance of funds not expended under the contract to

15  complete the program.

16         (a)  The contract amount and any amounts spent by the

17  department in excess of the remaining balance of the funds

18  under the contract become a lien upon the property,

19  enforceable pursuant to chapter 85.  The moneys received as a

20  result of a lien foreclosure or as repayment shall be

21  deposited into the trust fund.

22         (b)  If the land acquired pursuant to the lien

23  foreclosure has recreational or wildlife value, the department

24  may retain ownership as with other property acquired pursuant

25  to s. 378.036. If the department sells the property, the

26  department shall deposit the proceeds of the sale into the

27  trust fund.

28         (4)  Interest on moneys deposited in the Nonmandatory

29  Land Reclamation Trust Fund shall accrue to that fund.

30  

31  

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 1         (5)  Funds within the Nonmandatory Land Reclamation

 2  Trust Fund are also authorized for use by the department for

 3  the following purposes:

 4         (a)  To reclaim lands disturbed by the severance of

 5  phosphate rock on or after July 1, 1975, in the event that a

 6  mining company ceases mining and the associated reclamation

 7  prior to all lands disturbed by the operation being reclaimed.

 8  Moneys expended by the department to accomplish reclamation

 9  pursuant to this subsection shall become a lien upon the

10  property enforceable pursuant to chapter 85. The moneys

11  received as a result of a lien foreclosure or as repayment

12  shall be deposited into the trust fund. In the event the money

13  received as a result of lien foreclosure or repayment is less

14  than the amount expended for reclamation, the department shall

15  use all means available to recover, for the use of the fund,

16  the difference from the affected parties. Paragraph (3)(b)

17  shall apply to lands acquired as a result of a lien

18  foreclosure.

19         (b)  For the abatement of an imminent hazard as

20  provided by s. 403.4154(4) and for the purpose of closing an

21  abandoned phosphogypsum stack system and carrying out

22  postclosure care as provided by s. 403.4154(6).

23         (c)  For the purpose of funding basic management or

24  protection of reclaimed, restored, or preserved phosphate

25  lands:

26         1.  Which have wildlife habitat value as determined by

27  the Bureau of Mine Reclamation;

28         2.  Which have been transferred by the landowner to a

29  public agency or a private, nonprofit land conservation and

30  management entity in fee simple, or which have been made

31  subject to a conservation easement pursuant to s. 704.06; and

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 1         3.  For which other management funding options are not

 2  available.

 3  

 4  These funds may, after the basic management or protection has

 5  been assured for all such lands, be combined with other

 6  available funds to provide a higher level of management for

 7  such lands.

 8         (d)  For the sole purpose of funding the department's

 9  implementation of:

10         1.  The NPDES permitting program authorized by s.

11  403.0885, as it applies to phosphate mining and beneficiation

12  facilities, phosphate fertilizer production facilities, and

13  phosphate loading and handling facilities;

14         2.  The regulation of dams in accordance with

15  department rule 62-672, Florida Administrative Code; and

16         3.  The phosphogypsum management program pursuant to s.

17  403.4154 and department rule 62-673, Florida Administrative

18  Code.

19         (6)  Should the nonmandatory land reclamation program

20  encumber all the funds in the Nonmandatory Land Reclamation

21  Trust Fund except those reserved by subsection (5) prior to

22  funding all the reclamation applications for eligible parcels,

23  the funds reserved by subsection (5) shall be available to the

24  program to the extent required to complete the reclamation of

25  all eligible parcels for which the department has received

26  applications.

27         (7)  The department may not accept any applications for

28  nonmandatory land reclamation programs after January 1, 2005.

29         (8)  The Bureau of Mine Reclamation shall review the

30  sufficiency of the Nonmandatory Land Reclamation Trust Fund to

31  

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 1  support the stated objectives and report to the secretary

 2  annually with recommendations as appropriate.

 3         (9)  For the 2003-2004 fiscal year only,

 4  notwithstanding the provisions of subsections (5) and (6), the

 5  department is authorized to expend the moneys appropriated in

 6  the General Appropriations Act for the abatement of imminent

 7  hazards caused by, and for the closure of, abandoned

 8  phosphogypsum stack systems as provided in subsections (3) and

 9  (5) of s. 403.4154, respectively. This subsection expires July

10  1, 2004.

11  

12  For the 2003-2004 fiscal year the department may not approve

13  or encumber nonmandatory reclamation projects in amounts

14  greater than $15 million.

15         Section 3.  This act shall take effect July 1, 2005.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Deletes obsolete provisions limiting funding for
      reclamation activities on phosphate-mined lands. Deletes
20    an expired provision authorizing the Department of
      Environmental Protection to expend funds for closed or
21    abandoned phosphogypsum stack systems.

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