Florida Senate - 2019                             CS for SB 1256
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Montford
       
       
       
       
       592-02967-19                                          20191256c1
    1                        A bill to be entitled                      
    2         An act relating to the Apalachicola Bay Area of
    3         Critical State Concern; amending s. 375.041, F.S.;
    4         appropriating a sum annually for a specified timeframe
    5         from the Land Acquisition Trust Fund to a specified
    6         area of critical state concern for specified purposes;
    7         requiring such appropriations to be reduced by an
    8         amount equal to the debt service paid on bonds issued
    9         for specified purposes; amending s. 380.0555, F.S.;
   10         providing additional principles for guiding
   11         development within the Apalachicola Bay Area of
   12         Critical State Concern to include projects that
   13         protect and improve water quality; providing an
   14         effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (b) of subsection (3) of section
   19  375.041, Florida Statutes, is amended to read:
   20         375.041 Land Acquisition Trust Fund.—
   21         (3) Funds distributed into the Land Acquisition Trust Fund
   22  pursuant to s. 201.15 shall be applied:
   23         (b) Of the funds remaining after the payments required
   24  under paragraph (a), but before funds may be appropriated,
   25  pledged, or dedicated for other uses:
   26         1. A minimum of the lesser of 25 percent or $200 million
   27  shall be appropriated annually for Everglades projects that
   28  implement the Comprehensive Everglades Restoration Plan as set
   29  forth in s. 373.470, including the Central Everglades Planning
   30  Project subject to Congressional authorization; the Long-Term
   31  Plan as defined in s. 373.4592(2); and the Northern Everglades
   32  and Estuaries Protection Program as set forth in s. 373.4595.
   33  From these funds, $32 million shall be distributed each fiscal
   34  year through the 2023-2024 fiscal year to the South Florida
   35  Water Management District for the Long-Term Plan as defined in
   36  s. 373.4592(2). After deducting the $32 million distributed
   37  under this subparagraph, from the funds remaining, a minimum of
   38  the lesser of 76.5 percent or $100 million shall be appropriated
   39  each fiscal year through the 2025-2026 fiscal year for the
   40  planning, design, engineering, and construction of the
   41  Comprehensive Everglades Restoration Plan as set forth in s.
   42  373.470, including the Central Everglades Planning Project, the
   43  Everglades Agricultural Area Storage Reservoir Project, the Lake
   44  Okeechobee Watershed Project, the C-43 West Basin Storage
   45  Reservoir Project, the Indian River Lagoon-South Project, the
   46  Western Everglades Restoration Project, and the Picayune Strand
   47  Restoration Project. The Department of Environmental Protection
   48  and the South Florida Water Management District shall give
   49  preference to those Everglades restoration projects that reduce
   50  harmful discharges of water from Lake Okeechobee to the St.
   51  Lucie or Caloosahatchee estuaries in a timely manner. For the
   52  purpose of performing the calculation provided in this
   53  subparagraph, the amount of debt service paid pursuant to
   54  paragraph (a) for bonds issued after July 1, 2016, for the
   55  purposes set forth under paragraph (b) shall be added to the
   56  amount remaining after the payments required under paragraph
   57  (a). The amount of the distribution calculated shall then be
   58  reduced by an amount equal to the debt service paid pursuant to
   59  paragraph (a) on bonds issued after July 1, 2016, for the
   60  purposes set forth under this subparagraph.
   61         2. A minimum of the lesser of 7.6 percent or $50 million
   62  shall be appropriated annually for spring restoration,
   63  protection, and management projects. For the purpose of
   64  performing the calculation provided in this subparagraph, the
   65  amount of debt service paid pursuant to paragraph (a) for bonds
   66  issued after July 1, 2016, for the purposes set forth under
   67  paragraph (b) shall be added to the amount remaining after the
   68  payments required under paragraph (a). The amount of the
   69  distribution calculated shall then be reduced by an amount equal
   70  to the debt service paid pursuant to paragraph (a) on bonds
   71  issued after July 1, 2016, for the purposes set forth under this
   72  subparagraph.
   73         3. The sum of $5 million shall be appropriated annually
   74  each fiscal year through the 2025-2026 fiscal year to the St.
   75  Johns River Water Management District for projects dedicated to
   76  the restoration of Lake Apopka. This distribution shall be
   77  reduced by an amount equal to the debt service paid pursuant to
   78  paragraph (a) on bonds issued after July 1, 2016, for the
   79  purposes set forth in this subparagraph.
   80         4. The sum of $64 million is appropriated and shall be
   81  transferred to the Everglades Trust Fund for the 2018-2019
   82  fiscal year, and each fiscal year thereafter, for the EAA
   83  reservoir project pursuant to s. 373.4598. Any funds remaining
   84  in any fiscal year shall be made available only for Phase II of
   85  the C-51 reservoir project or projects identified in
   86  subparagraph 1. and must be used in accordance with laws
   87  relating to such projects. Any funds made available for such
   88  purposes in a fiscal year are in addition to the amount
   89  appropriated under subparagraph 1. This distribution shall be
   90  reduced by an amount equal to the debt service paid pursuant to
   91  paragraph (a) on bonds issued after July 1, 2017, for the
   92  purposes set forth in this subparagraph.
   93         5. Notwithstanding subparagraph 3., for the 2018-2019
   94  fiscal year, funds shall be appropriated as provided in the
   95  General Appropriations Act. This subparagraph expires July 1,
   96  2019.
   97         6.The sum of $20 million shall be appropriated annually
   98  each fiscal year through 2029-2030 to the area designated as an
   99  area of critical state concern pursuant to s. 380.0555, to be
  100  used for the acquisition of lands and projects that improve
  101  surface and groundwater quality in the Apalachicola River and
  102  Bay, and includes projects such as construction and replacement
  103  of stormwater management facilities, central sewage collection
  104  and disposal facilities; the installation of onsite sewage
  105  treatment and disposal systems; direct and indirect potable
  106  reuse; and other water quality and water supply projects. At
  107  least 25 percent of the appropriated funds shall be spent on
  108  land acquisition. Increased priority must be given to land
  109  acquisitions that achieve a combination of conservation goals,
  110  including protecting and preserving fisheries and wildlife
  111  habitats, recreational spaces, nearshore water quality, surface
  112  water resources, and groundwater recharge. At least 3 percent
  113  but no more than 10 percent of the funds allocated for land
  114  acquisition shall be spent on projects and activities identified
  115  during the time of acquisition, including for land management,
  116  increased public access and recreational opportunities, and
  117  greenways. This distribution shall be reduced by an amount equal
  118  to the debt service paid pursuant to paragraph (a) on bonds
  119  issued after July 1, 2019, for the purposes set forth in this
  120  subparagraph.
  121         Section 2. Paragraph (k) is added to subsection (7) of
  122  section 380.0555, Florida Statutes, to read:
  123         380.0555 Apalachicola Bay Area; protection and designation
  124  as area of critical state concern.—
  125         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
  126  and local agencies and units of government in the Apalachicola
  127  Bay Area shall coordinate their plans and conduct their programs
  128  and regulatory activities consistently with the following
  129  principles for guiding the development of the area:
  130         (k)Water quality shall be protected and improved by the
  131  construction, operation, maintenance, and replacement of
  132  stormwater management facilities; central sewage collection;
  133  treatment and disposal facilities; the installation and proper
  134  operation and maintenance of onsite sewage treatment and
  135  disposal systems; indirect and direct potable reuse; and other
  136  water quality and water supply projects.
  137         Section 3. This act shall take effect July 1, 2019.