| 1 | A bill to be entitled |
| 2 | An act relating to the Water Protection and Sustainability |
| 3 | Program; amending s. 403.890, F.S.; removing obsolete |
| 4 | language requiring the Legislature to review the |
| 5 | distribution of funds under the Water Protection and |
| 6 | Sustainability Program; deleting provisions for an interim |
| 7 | project relating to the program and its funding formula; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (4) of section 403.890, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 403.890 Water Protection and Sustainability Program; |
| 15 | intent; goals; purposes.- |
| 16 | (4) For fiscal year 2005-2006, funds deposited or |
| 17 | appropriated into the Water Protection and Sustainability |
| 18 | Program Trust Fund shall be distributed as follows: |
| 19 | (a) One hundred million dollars to the Department of |
| 20 | Environmental Protection for the implementation of an |
| 21 | alternative water supply program as provided in s. 373.1961. |
| 22 | (b) Funds remaining after the distribution provided for in |
| 23 | subsection (1) shall be distributed as follows: |
| 24 | 1. Fifty percent for the implementation of best management |
| 25 | practices and capital project expenditures necessary for the |
| 26 | implementation of the goals of the total maximum daily load |
| 27 | program established in s. 403.067. Of these funds, 85 percent |
| 28 | shall be transferred to the credit of the Department of |
| 29 | Environmental Protection Water Quality Assurance Trust Fund to |
| 30 | address water quality impacts associated with nonagricultural |
| 31 | nonpoint sources. Fifteen percent of these funds shall be |
| 32 | transferred to the Department of Agriculture and Consumer |
| 33 | Services General Inspection Trust Fund to address water quality |
| 34 | impacts associated with agricultural nonpoint sources. These |
| 35 | funds shall be used for research, development, demonstration, |
| 36 | and implementation of suitable best management practices or |
| 37 | other measures used to achieve water quality standards in |
| 38 | surface waters and water segments identified pursuant to s. |
| 39 | 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. |
| 40 | 1251 et seq. Implementation of best management practices and |
| 41 | other measures may include cost-share grants, technical |
| 42 | assistance, implementation tracking, and conservation leases or |
| 43 | other agreements for water quality improvement. The Department |
| 44 | of Environmental Protection and the Department of Agriculture |
| 45 | and Consumer Services may adopt rules governing the distribution |
| 46 | of funds for implementation of best management practices. These |
| 47 | funds shall not be used to abrogate the financial responsibility |
| 48 | of those point and nonpoint sources that have contributed to the |
| 49 | degradation of water or land areas. Increased priority shall be |
| 50 | given by the department and the water management district |
| 51 | governing boards to those projects that have secured a cost- |
| 52 | sharing agreement allocating responsibility for the cleanup of |
| 53 | point and nonpoint sources. |
| 54 | 2. Twenty-five percent for the purposes of funding |
| 55 | projects pursuant to ss. 373.451-373.459 or surface water |
| 56 | restoration activities in water-management-district-designated |
| 57 | priority water bodies. The Secretary of Environmental Protection |
| 58 | shall ensure that each water management district receives the |
| 59 | following percentage of funds annually: |
| 60 | a. Thirty-five percent to the South Florida Water |
| 61 | Management District; |
| 62 | b. Twenty-five percent to the Southwest Florida Water |
| 63 | Management District; |
| 64 | c. Twenty-five percent to the St. Johns River Water |
| 65 | Management District; |
| 66 | d. Seven and one-half percent to the Suwannee River Water |
| 67 | Management District; and |
| 68 | e. Seven and one-half percent to the Northwest Florida |
| 69 | Water Management District. |
| 70 | 3. Twenty-five percent to the Department of Environmental |
| 71 | Protection for the Disadvantaged Small Community Wastewater |
| 72 | Grant Program as provided in s. 403.1838. |
| 73 |
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| 74 | Prior to the end of the 2008 Regular Session, the Legislature |
| 75 | must review the distribution of funds under the Water Protection |
| 76 | and Sustainability Program to determine if revisions to the |
| 77 | funding formula are required. At the discretion of the President |
| 78 | of the Senate and the Speaker of the House of Representatives, |
| 79 | the appropriate substantive committees of the Legislature may |
| 80 | conduct an interim project to review the Water Protection and |
| 81 | Sustainability Program and the funding formula and make written |
| 82 | recommendations to the Legislature proposing necessary changes, |
| 83 | if any. |
| 84 | Section 2. This act shall take effect July 1, 2010. |