Florida Senate - 2021                             CS for SB 1954
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senators Rodrigues and Garcia
       
       
       
       
       592-02888-21                                          20211954c1
    1                        A bill to be entitled                      
    2         An act relating to statewide flooding and sea-level
    3         rise resilience; creating s. 380.093, F.S.; providing
    4         legislative intent; defining terms; establishing the
    5         Resilient Florida Grant Program within the Department
    6         of Environmental Protection; authorizing the
    7         department to provide grants to local governments to
    8         fund the costs of community resilience planning,
    9         subject to appropriation; providing requirements for
   10         certain local government vulnerability assessments;
   11         requiring the department to notify the Legislature
   12         when specifically referenced sources or standards are
   13         updated or replaced; requiring the department to
   14         complete a comprehensive statewide flood vulnerability
   15         and sea-level rise data set and assessment by
   16         specified dates; specifying requirements for such data
   17         set and assessment; requiring the department to
   18         develop a Statewide Flooding and Sea-Level Rise
   19         Resilience Plan and annually submit the plan to the
   20         Governor and Legislature by a specified date;
   21         specifying requirements for the plan; requiring water
   22         management districts to annually submit proposed
   23         projects to the department for inclusion in the plan;
   24         specifying requirements for such projects; specifying
   25         projects that are ineligible for inclusion in the
   26         plan; requiring the department to implement a scoring
   27         system for assessing projects submitted by water
   28         management districts; limiting the total amount of
   29         funding that may be proposed in the plan; requiring
   30         the Legislature, upon review and subject to
   31         appropriation, to approve funding for projects as
   32         specified in the plan; authorizing local governments
   33         to create regional resilience coalitions for a
   34         specified purpose; authorizing the department to
   35         provide funding to the coalitions, subject to
   36         appropriation; creating s. 380.0933, F.S.;
   37         establishing the Florida Flood Hub for Applied
   38         Research and Innovation within the University of South
   39         Florida College of Marine Science for a specified
   40         purpose; providing duties of the hub; providing for an
   41         executive director; requiring the hub to submit an
   42         annual report to the Governor and Legislature by a
   43         specified date; amending s. 403.928, F.S.; requiring
   44         the Office of Economic and Demographic Research to
   45         include specified information relating to inland and
   46         coastal flood control in certain assessments;
   47         providing an effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 380.093, Florida Statutes, is created to
   52  read:
   53         380.093Statewide Flooding and Sea-Level Rise Resilience
   54  Plan.—
   55         (1)LEGISLATIVE INTENT.—
   56         (a)The Legislature recognizes that this state is
   57  particularly vulnerable to adverse impacts of flooding resulting
   58  from the increasing frequency and duration of rainfall events,
   59  storm surge from more frequent and severe weather systems, and
   60  sea-level rise. Such adverse impacts pose economic, social,
   61  environmental, and public health and safety challenges to this
   62  state. To most effectively address these challenges, funding
   63  should be allocated in a manner that prioritizes and addresses
   64  the most significant risks.
   65         (b)The Legislature further recognizes that the adverse
   66  impacts of flooding and sea-level rise affect coastal and inland
   67  communities all across this state. Consequently, a coordinated
   68  approach is necessary to maximize the benefit of efforts to
   69  address such impacts and to improve this state’s resilience to
   70  flooding and sea-level rise.
   71         (c)The Legislature further recognizes that to effectively
   72  and efficiently address and prepare for the adverse impacts of
   73  flooding and sea-level rise in this state, it is necessary to
   74  conduct a comprehensive statewide assessment of the specific
   75  risks posed to this state by flooding and sea-level rise and
   76  develop a statewide coordinated approach to addressing such
   77  risks.
   78         (2)DEFINITIONS.—As used in this section, the term:
   79         (a) “Critical asset” includes:
   80         1.Transportation assets and evacuation routes, including
   81  airports, bridges, bus terminals, ports, major roadways,
   82  marinas, rail facilities, and railroad bridges.
   83         2.Critical infrastructure, including wastewater treatment
   84  facilities, stormwater treatment facilities, drinking water
   85  facilities, electric production and supply facilities, solid and
   86  hazardous waste facilities, military installations,
   87  communications facilities, and disaster debris management sites.
   88         3.Critical community and emergency facilities, including
   89  schools, colleges, universities, community centers, correctional
   90  facilities, disaster recovery centers, emergency medical service
   91  facilities, emergency operations centers, fire stations, health
   92  care facilities, hospitals, law enforcement facilities, local
   93  government facilities, logistical staging areas, affordable
   94  public housing, risk shelter inventory, and state government
   95  facilities.
   96         4.Natural, cultural, and historical resources, including
   97  conservation lands, parks, shorelines, surface waters, wetlands,
   98  and historical and cultural assets.
   99         (b)“Department” means the Department of Environmental
  100  Protection.
  101         (3)RESILIENT FLORIDA GRANT PROGRAM.—
  102         (a)The Resilient Florida Grant Program is established
  103  within the department.
  104         (b)Subject to appropriation, the department may provide
  105  grants to a county or municipality to fund the costs of
  106  community resilience planning, including projects that address
  107  the requirements of s. 163.3178(2)(f), vulnerability assessments
  108  that identify or address risks of flooding and sea-level rise,
  109  and the development of plans and policies that allow communities
  110  to prepare for threats from flooding and sea-level rise.
  111         (c)A vulnerability assessment conducted pursuant to
  112  paragraph (b) must encompass an entire county or municipality
  113  and must use the most recent publicly available digital
  114  elevation model and dynamic modeling techniques, if available.
  115         1.The assessment must include an analysis of the
  116  vulnerability of and risks to critical assets, including
  117  regionally significant assets, owned or managed by the county or
  118  municipality.
  119         2.Upon completion of a vulnerability assessment, the
  120  county or municipality shall submit to the department the
  121  following:
  122         a.A report detailing the findings of the assessment.
  123         b.All electronic mapping data used to illustrate flooding
  124  and sea-level rise impacts identified in the assessment. When
  125  submitting such data, the county or municipality shall include:
  126         (I)Geotechnical data in an electronic file format suitable
  127  for input to the department’s mapping tool.
  128         (II)Geographic information system data that has been
  129  projected into the appropriate Florida State Plane Coordinate
  130  System and that is suitable for the department’s mapping tool.
  131  The county or municipality must also submit metadata using
  132  standards prescribed by the department.
  133         c.A list of critical assets, including regionally
  134  significant assets, that are impacted by flooding and sea-level
  135  rise.
  136         (d)A vulnerability assessment conducted for a county or
  137  municipality subject to the requirements of s. 163.3178(2)(f)
  138  must include:
  139         1.A peril of flood analysis that addresses the
  140  requirements of s. 163.3178(2)(f).
  141         2.The depth of sea-level rise, calculated using the North
  142  American Vertical Datum of 1988, expected for the county or
  143  municipality using, at a minimum, all of the following:
  144         a.Two local sea-level rise scenarios, which must equal or
  145  exceed the 2017 National Oceanic and Atmospheric Administration
  146  intermediate-low and intermediate-high sea-level rise
  147  projections.
  148         b.At least two planning horizons that must be, at a
  149  minimum, 20 years and 50 years from the date of the assessment.
  150         c.Local sea-level rise data that has been interpolated
  151  between the two closest coastal tide gauges with National
  152  Oceanic and Atmospheric Administration sea-level rise data.
  153         3.The depth of expected storm surge flooding using Federal
  154  Emergency Management Agency storm surge data. The storm surge
  155  flood depth used must equal or exceed the 100-year flood event
  156  and must be calculated using the North American Vertical Datum
  157  of 1988.
  158         4.The depth of potential future flooding from combinations
  159  of sea-level rise, storm surge, and high tides using, at a
  160  minimum, all of the following:
  161         a.Two local sea-level rise scenarios, which must equal or
  162  exceed the 2017 National Oceanic and Atmospheric Administration
  163  intermediate-low and intermediate-high sea-level rise
  164  projections.
  165         b.At least two planning horizons that must be, at a
  166  minimum, 20 years and 50 years from the date of the assessment.
  167         c.Local sea-level rise data that has been interpolated
  168  between the two closest coastal tide gauges with National
  169  Oceanic and Atmospheric Administration sea-level rise data.
  170         d.The depth of expected storm surge flooding using Federal
  171  Emergency Management Agency storm surge data. The storm surge
  172  flood depth used must equal or exceed the 100-year flood event
  173  and must be calculated using the North American Vertical Datum
  174  of 1988.
  175         e.Future high tide flooding, which must be derived using
  176  National Oceanic and Atmospheric Administration Technical Report
  177  NOS CO-OPS 086.
  178         (e)The department shall submit written notification to the
  179  President of the Senate and the Speaker of the House of
  180  Representatives when any scientific source or standard
  181  specifically referenced in this subsection is updated or
  182  replaced with a subsequent source or standard. Such written
  183  notification shall be submitted within 30 days of the department
  184  learning of an update or replacement.
  185         (4)COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA
  186  LEVEL RISE DATA SET AND ASSESSMENT.—
  187         (a)By July 1, 2022, the department shall complete the
  188  development of a comprehensive statewide flood vulnerability and
  189  sea-level rise data set sufficient to conduct a comprehensive
  190  statewide flood vulnerability and sea-level rise assessment.
  191         1.The Chief Science Officer shall, in coordination with
  192  necessary experts and resources, develop statewide sea-level
  193  rise projections that incorporate temporal and spatial
  194  variability, to the extent practicable, for inclusion in the
  195  data set.
  196         2.The data set must include information necessary to
  197  determine the risks to inland and coastal communities, such as
  198  elevation, tidal levels, and precipitation.
  199         (b)By July 1, 2023, the department shall complete a
  200  comprehensive statewide flood vulnerability and sea-level rise
  201  assessment that identifies inland and coastal infrastructure,
  202  geographic areas, and communities in this state which are
  203  vulnerable to flooding and sea-level rise and the associated
  204  risks.
  205         1.The department shall use the comprehensive statewide
  206  flood vulnerability and sea-level rise data set to conduct the
  207  assessment.
  208         2.The assessment must incorporate local and regional
  209  analyses of vulnerabilities and risks.
  210         3.The assessment must include an inventory of critical
  211  assets, including regionally significant assets, which are
  212  essential for critical government and business functions,
  213  national security, public health and safety, the economy, flood
  214  and storm protection, water quality management, and wildlife
  215  habitat management, and must identify and analyze the
  216  vulnerability of and risks to such critical assets.
  217         (c) The department shall update the comprehensive statewide
  218  flood vulnerability and sea-level rise data set and assessment
  219  every 3 years. The department may update the data set and
  220  assessment more frequently if it determines that updates are
  221  necessary to maintain the validity of the data set and
  222  assessment.
  223         (5) STATEWIDE FLOODING AND SEA-LEVEL RISE RESILIENCE PLAN.—
  224         (a) By December 1, 2021, and each December 1 thereafter,
  225  the department shall develop a Statewide Flooding and Sea-Level
  226  Rise Resilience Plan on a 3-year planning horizon and submit it
  227  to the Governor, the President of the Senate, and the Speaker of
  228  the House of Representatives. The plan must consist of ranked
  229  projects that address risks of flooding and sea-level rise to
  230  coastal and inland communities in this state.
  231         (b) The plan submitted by December 1, 2021, before the
  232  comprehensive statewide flood vulnerability and sea-level rise
  233  assessment is completed, will be a preliminary plan that
  234  addresses risks of flooding and sea-level rise identified in
  235  local government vulnerability assessments. The plan submitted
  236  by December 1, 2022, will be an update to the preliminary plan.
  237  The plan submitted by December 1, 2023, and each plan submitted
  238  by each December 1 thereafter, shall address risks of flooding
  239  and sea-level rise identified in the comprehensive statewide
  240  flood vulnerability and sea-level rise assessment.
  241         (c) Each plan submitted by the department pursuant to this
  242  subsection must include the following information for each
  243  recommended project:
  244         1. A description of the project.
  245         2. The location of the project.
  246         3. An estimate of how long the project will take to
  247  complete.
  248         4. An estimate of the cost of the project.
  249         5. The cost-share percentage available for the project.
  250         6. A summary of the priority score assigned to the project.
  251         (d) By September 1, 2021, and each September 1 thereafter,
  252  each water management district shall submit to the department a
  253  list of proposed projects that mitigate or eliminate risks of
  254  flooding or sea-level rise and a corresponding evaluation of
  255  each project.
  256         1. Local governments and regional entities whose
  257  responsibilities include addressing flooding or sea-level rise
  258  may submit to the water management district proposed projects
  259  that mitigate or eliminate risks of flooding or sea-level rise.
  260         2. Water management districts shall evaluate the proposed
  261  projects to assess the degree to which the project addresses:
  262         a. Threats to critical assets, including regionally
  263  significant assets, and reductions of future damage costs.
  264         b. Risks identified in local government vulnerability
  265  assessments or the comprehensive statewide flood vulnerability
  266  and sea-level rise assessment, as applicable.
  267         3. Each project submitted by a water management district
  268  for consideration by the department for inclusion in the plan
  269  must include:
  270         a. A description of the project.
  271         b. The location of the project.
  272         c. An estimate of how long the project will take to
  273  complete.
  274         d. An estimate of the cost of the project.
  275         e. The cost-share percentage available for the project.
  276         (e) Each project included in the plan must have a minimum
  277  50 percent cost share.
  278         (f) To be eligible for inclusion in the plan, a project
  279  must address risks to a critical asset identified in a local
  280  government vulnerability assessment or the comprehensive
  281  statewide flood vulnerability and sea-level rise assessment, as
  282  applicable.
  283         (g) Projects ineligible for inclusion in the plan include,
  284  but are not limited to:
  285         1. Aesthetic vegetation.
  286         2. Recreational structures such as piers, docks, and
  287  boardwalks.
  288         3. Water quality components of stormwater and wastewater
  289  management systems, except projects to prevent saltwater
  290  intrusion.
  291         4. Maintenance and repair of over-walks.
  292         5. Park activities and facilities, except projects to
  293  control flooding or erosion.
  294         6. Navigation construction, operation, and maintenance
  295  activities.
  296         7. Projects that provide only recreational benefits.
  297         (h) The department shall implement a scoring system for
  298  assessing each project submitted by water management districts
  299  for inclusion in the plan. The scoring system must include the
  300  following tiers and associated criteria:
  301         1. Tier 1 must account for 50 percent of the total score
  302  and consist of all of the following criteria:
  303         a. The degree to which the project addresses the risks
  304  posed by flooding and sea-level rise identified in the local
  305  government vulnerability assessments or the comprehensive
  306  statewide flood vulnerability and sea-level rise assessment, as
  307  applicable.
  308         b. The degree to which the project addresses risks to
  309  regionally significant assets.
  310         c. The degree to which the project reduces risks to areas
  311  with an overall higher percentage of vulnerable critical assets.
  312         2. Tier 2 must account for 20 percent of the total score
  313  and consist of all of the following criteria:
  314         a. The availability of local, state, and federal matching
  315  funds, considering the cost-share percentage, the status of the
  316  funding award, and federal authorization, if applicable.
  317         b. Previous state commitment and involvement in the
  318  project, considering previously funded phases, the total amount
  319  of previous state funding, and previous partial appropriations
  320  for the proposed project.
  321         c. The overall readiness of the project to proceed in a
  322  timely manner, considering the project’s readiness for the
  323  construction phase of development, the status of required
  324  permits, the status of any needed easement acquisition, and the
  325  availability of local funding sources.
  326         d. The cost-effectiveness of the project.
  327         3. Tier 3 must account for 20 percent of the total score
  328  and consist of all of the following criteria:
  329         a. The current condition of the project area, including any
  330  recent impacts from storm damage.
  331         b. The use of practices that reduce losses due to flooding
  332  and claims made under flood insurance policies issued in this
  333  state.
  334         c. The degree to which the project contributes to existing
  335  flooding mitigation projects that reduce upland damage costs by
  336  incorporating new or enhanced structures or restoration and
  337  revegetation projects.
  338         d. The exceedance of the flood-resistant construction
  339  requirements of the Florida Building Code and applicable flood
  340  plain management regulations.
  341         4. Tier 4 must account for 10 percent of the total score
  342  and consist of all of the following criteria:
  343         a. The proposed innovative technologies designed to reduce
  344  project costs and provide regional collaboration.
  345         b. The environmental habitat enhancement or the inclusion
  346  of nature-based options for resilience, prioritizing state or
  347  federal critical habitat areas for threatened or endangered
  348  species.
  349         c. The assistance to financially disadvantaged communities.
  350         (i) The total amount of funding proposed in the plan may
  351  not exceed $100 million. Upon review and subject to
  352  appropriation, the Legislature shall approve funding for the
  353  projects as specified in the plan. Multiyear projects that
  354  receive funding for the first year of the project must be
  355  included in subsequent plans and funded until the project is
  356  complete, provided that the project sponsor has complied with
  357  all contractual obligations and funds are available.
  358         (6) REGIONAL RESILIENCE COALITIONS.—
  359         (a) Counties and municipalities may enter into agreements
  360  to form regional resilience coalitions for the purpose of
  361  planning for the resilience needs of communities and
  362  coordinating intergovernmental solutions to mitigate adverse
  363  impacts of flooding and sea-level rise.
  364         (b) Regional resilience coalitions may provide technical
  365  assistance to counties and municipalities in:
  366         1. Preparing and conducting vulnerability assessments and
  367  developing plans and policies funded by the Resilient Florida
  368  Grant Program.
  369         2. Developing project proposals to be submitted for
  370  inclusion in the Statewide Flooding and Sea-Level Rise
  371  Resilience Plan and implementing projects that are approved for
  372  funding.
  373         (c) Subject to specific legislative appropriation, the
  374  department may provide funding to regional resilience coalitions
  375  for the purpose of carrying out the duties under this section.
  376         Section 2. Section 380.0933, Florida Statutes, is created
  377  to read:
  378         380.0933 Florida Flood Hub for Applied Research and
  379  Innovation.—
  380         (1) The Florida Flood Hub for Applied Research and
  381  Innovation is established within the University of South Florida
  382  College of Marine Science to coordinate efforts between the
  383  academic and research institutions of this state. The University
  384  of South Florida College of Marine Science will serve as the
  385  lead institution and engage other academic and research
  386  institutions, private partners, and financial sponsors to
  387  coordinate efforts to support applied research and innovation to
  388  address the flooding and sea-level rise challenges of this
  389  state.
  390         (2) The hub shall, at a minimum:
  391         (a) Organize existing data needs for a comprehensive
  392  statewide flood vulnerability and sea-level rise analysis and
  393  perform a gap analysis to determine data needs.
  394         (b) Develop statewide open source hydrologic models for
  395  physically based flood frequency estimation and real-time
  396  forecasting of floods, including hydraulic models of floodplain
  397  inundation mapping, real-time compound and tidal flooding
  398  forecasts, future groundwater elevation conditions, and economic
  399  damage and loss estimates.
  400         (c) Coordinate research funds from the state, the federal
  401  government, or other funding sources for related hub activities
  402  across all participating entities.
  403         (d) Establish community-based programs to improve flood
  404  monitoring and prediction along major waterways, including
  405  intracoastal waterways and coastlines, of this state and to
  406  support ongoing flood research.
  407         (e) Coordinate with agencies, including, but not limited
  408  to, the Department of Environmental Protection and water
  409  management districts.
  410         (f) Share its resources and expertise.
  411         (g) Assist in the development of training and a workforce
  412  in this state that is knowledgeable about flood and sea-level
  413  rise research, prediction, and adaptation and mitigation
  414  strategies.
  415         (h) Develop opportunities to partner with other flood and
  416  sea-level rise research and innovation leaders for sharing
  417  technology or research.
  418         (i) Conduct the activities under this subsection in
  419  cooperation with various local, state, and federal government
  420  entities as well as other flood and sea-level rise research
  421  centers.
  422         (3) The hub shall employ an executive director.
  423         (4) By July 1, 2022, and each July 1 thereafter, the hub
  424  shall provide an annual comprehensive report to the Governor,
  425  the President of the Senate, and the Speaker of the House of
  426  Representatives that outlines its clearly defined goals and its
  427  efforts and progress on reaching such goals.
  428         Section 3. Subsections (3) through (7) of section 403.928,
  429  Florida Statutes, are amended to read:
  430         403.928 Assessment of water resources and conservation
  431  lands.—The Office of Economic and Demographic Research shall
  432  conduct an annual assessment of Florida’s water resources and
  433  conservation lands.
  434         (3) ASSESSMENT REQUIREMENTS.—The assessment must:
  435         (a)shall Include analyses on a statewide, regional, or
  436  geographic basis, as appropriate, and shall identify analytical
  437  challenges in assessing information across the different regions
  438  of this the state.
  439         (b)(4)The assessment must Identify any overlap in the
  440  expenditures for water resources and conservation lands.
  441         (4) INLAND AND COASTAL FLOOD CONTROL.—Beginning with the
  442  assessment due by January 1, 2022, the Office of Economic and
  443  Demographic Research shall include in the assessment an analysis
  444  of future expenditures by federal, state, regional, and local
  445  governments required to achieve the Legislature’s intent of
  446  minimizing the adverse economic effects of inland and coastal
  447  flooding, thereby decreasing the likelihood of severe
  448  dislocations or disruptions in the economy and preserving the
  449  value of real and natural assets to the extent economically
  450  feasible. To the extent possible, the analysis must evaluate the
  451  cost of resilience efforts necessary to address inland and
  452  coastal flooding associated with sea-level rise, high tide
  453  events, storm surge, flash flooding, stormwater runoff, and
  454  increased annual precipitation over a 50-year planning horizon.
  455  At such time that dedicated revenues are provided in law for
  456  these purposes or that recurring expenditures are made, the
  457  analysis must also identify the gap, if any, between the
  458  estimated revenues and the projected expenditures.
  459         (5) ASSESSMENT ASSISTANCE.—
  460         (a) The water management districts, the Department of
  461  Environmental Protection, the Department of Agriculture and
  462  Consumer Services, the Fish and Wildlife Conservation
  463  Commission, counties, municipalities, and special districts
  464  shall provide assistance to the Office of Economic and
  465  Demographic Research related to their respective areas of
  466  expertise.
  467         (b)(6) The Office of Economic and Demographic Research must
  468  be given access to any data held by an agency as defined in s.
  469  112.312 if the Office of Economic and Demographic Research
  470  considers the data necessary to complete the assessment,
  471  including any confidential data.
  472         (6)(7)ASSESSMENT SUBMISSION.—The assessment shall be
  473  submitted to the President of the Senate and the Speaker of the
  474  House of Representatives by January 1, 2017, and by January 1 of
  475  each year thereafter.
  476         Section 4. This act shall take effect upon becoming a law.