Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1740
       
       
       
       
       
                                Barcode 348270                          
       
       601-03155A-09                                                   
       Proposed Committee Substitute by the Committee on General
       Government Appropriations
    1                        A bill to be entitled                      
    2         An act relating to trust funds; re-creating the Water
    3         Protection and Sustainability Program Trust Fund
    4         within the Department of Environmental Protection
    5         without modification; repealing s. 403.891(3), F.S.;
    6         abrogating provisions relating to the termination of
    7         the trust fund, to conform; amending s. 403.890, F.S.;
    8         providing for the distribution of funds in the Water
    9         Protection and Sustainability Program Trust Fund for
   10         the 2009-2010 fiscal year; delaying the expiration of
   11         certain provisions relating to such fund; providing an
   12         effective date.
   13  
   14         WHEREAS, the Legislature wishes to extend the life of the
   15  Water Protection and Sustainability Program Trust Fund within
   16  the Department of Environmental Protection, which is otherwise
   17  scheduled to be terminated pursuant to constitutional mandate,
   18  and
   19         WHEREAS, the Legislature has reviewed the trust fund before
   20  its scheduled termination date and has found it continues to
   21  meet an important public purpose, and
   22         WHEREAS, the Legislature has found that existing public
   23  policy concerning the trust fund sets adequate parameters for
   24  its use, NOW, THEREFORE,
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. The Water Protection and Sustainability Program
   29  Trust Fund within the Department of Environmental Protection,
   30  FLAIR number 37-2-2603, which is to be terminated pursuant to
   31  Section 19(f), Article III of the State Constitution on July 1,
   32  2009, is re-created.
   33         Section 2. Subsection (3) of section 403.891, Florida
   34  Statutes, is repealed.
   35         Section 3. Subsection (6) of section 403.890, Florida
   36  Statutes, as created by section 8 of chapter 2009-2, Laws of
   37  Florida, is amended to read:
   38         403.890  Water Protection and Sustainability Program;
   39  intent; goals; purposes.—
   40         (6) For the 2009-2010 2008-2009 fiscal year only, in lieu
   41  of the distributions authorized in subsection (2) for revenues
   42  transferred from the Department of Revenue pursuant to s.
   43  201.15(1)(c)2., and after the distribution authorized in
   44  subsection (3), remaining funds shall be distributed as follows:
   45         (a) Thirty-one and twenty-one hundredths percent to the
   46  Department of Environmental Protection for the implementation of
   47  an alternative water supply program as provided in s. 373.1961.
   48         (b) Twenty-six and eighty-seven hundredths percent for the
   49  implementation of best management practices and capital project
   50  expenditures necessary for the implementation of the goals of
   51  the total maximum daily load program established in s. 403.067.
   52  Of these funds, 86 percent shall be transferred to the credit of
   53  the Water Quality Assurance Trust Fund of the Department of
   54  Environmental Protection to address water quality impacts
   55  associated with nonagricultural nonpoint sources. Fourteen
   56  percent of these funds shall be transferred to the General
   57  Inspection Trust Fund of the Department of Agriculture and
   58  Consumer Services to address water quality impacts associated
   59  with agricultural nonpoint sources. These funds shall be used
   60  for research, development, demonstration, and implementation of
   61  the total maximum daily load program under s. 403.067, suitable
   62  best management practices, or other measures used to achieve
   63  water quality standards in surface waters and water segments
   64  identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
   65  No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
   66  management practices and other measures may include cost-share
   67  grants, technical assistance, implementation tracking, and
   68  conservation leases or other agreements for water quality
   69  improvement. The Department of Environmental Protection and the
   70  Department of Agriculture and Consumer Services may adopt rules
   71  governing the distribution of funds for implementation of
   72  capital projects, best management practices, and other measures.
   73  These funds may not be used to abrogate the financial
   74  responsibility of those point and nonpoint sources that have
   75  contributed to the degradation of water or land areas. Increased
   76  priority shall be given by the department and the water
   77  management district governing boards to those projects that have
   78  secured a cost-sharing agreement that allocates responsibility
   79  for the cleanup of point and nonpoint sources.
   80         (c) Forty-one and ninety-two hundredths percent to the
   81  Department of Environmental Protection for the Disadvantaged
   82  Small Community Wastewater Grant Program as provided in s.
   83  403.1838.
   84  
   85  This subsection expires July 1, 2010 2009.
   86         Section 4. This act shall take effect July 1, 2009.