CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 1456
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 27, between lines 26 and 27,
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16 insert:
17 Section 14. Section 373.4137, Florida Statutes, is
18 amended to read:
19 373.4137 Mitigation requirements.--
20 (1) The Legislature finds that environmental
21 mitigation for the impact of transportation projects proposed
22 by the Department of Transportation can be more effectively
23 achieved by regional, long-range mitigation planning rather
24 than on a project-by-project basis. It is the intent of the
25 Legislature that mitigation to offset the adverse effects of
26 these transportation projects be funded by the Department of
27 Transportation and be carried out by the Department of
28 Environmental Protection and the water management districts,
29 including the use of mitigation banks established pursuant to
30 this part.
31 (2) Environmental impact inventories for
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SENATE AMENDMENT
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Amendment No.
1 transportation projects proposed by the Department of
2 Transportation shall be developed as follows:
3 (a) Each June 1 Beginning July 1996, the Department of
4 Transportation shall submit annually to the Department of
5 Environmental Protection and the water management districts a
6 copy of its adopted work program and an inventory of habitats
7 addressed in the rules adopted pursuant to this part and s.
8 404 of the Clean Water Act, 33 U.S.C. s. 1344, which may be
9 impacted by its plan of construction for transportation
10 projects in the next first 3 years of the adopted work
11 program. The Department of Transportation may also include in
12 its inventory the habitat impacts of any future transportation
13 project identified in the adopted work program. For the July
14 1996 submittal, The inventory may exclude those projects which
15 have received permits pursuant to this part and s. 404 of the
16 Clean Water Act, 33 U.S.C. s. 1344, projects for which
17 mitigation planning or design has commenced, or projects for
18 which mitigation has been implemented in anticipation of
19 future permitting needs.
20 (b) The environmental impact inventory shall include a
21 description of these habitat impacts, including their
22 location, acreage, and type; state water quality
23 classification of impacted wetlands and other surface waters;
24 any other state or regional designations for these habitats;
25 and a survey of threatened species, endangered species, and
26 species of special concern affected by the proposed project.
27 (3) To fund the mitigation plan for the projected
28 impacts identified in the inventory described in subsection
29 (2), beginning July 1, 1997, the Department of Transportation
30 shall identify funds quarterly in an escrow account within the
31 State Transportation Trust Fund established by the Department
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SENATE AMENDMENT
Bill No. CS for CS for SB 1456
Amendment No.
1 of Transportation for the benefit of the Department of
2 Environmental Protection. Any interest earnings from the
3 escrow account shall be returned to the Department of
4 Transportation. The Department of Environmental Protection
5 shall request a transfer of funds from the escrow account to
6 the Ecosystem Management and Restoration Trust Fund no sooner
7 than 30 days prior to the date the funds are needed to pay for
8 activities contained in the mitigation programs. The amount
9 transferred each year by the Department of Transportation
10 shall correspond to a cost per acre of $75,000 multiplied by
11 the projected acres of impact identified in the inventory
12 described in subsection (2) within the water management
13 district for that year. The water management district may
14 draw from the trust fund no sooner than 30 days prior to the
15 date funds are needed to pay for activities associated with
16 development or implementation of the mitigation plan described
17 in subsection (4). Activities associated with the development
18 of the mitigation plan include, but are not limited to,
19 design, engineering, production, and staff support. Each July
20 1, beginning in 1998, the cost per acre shall be adjusted by
21 the percentage change in the average of the Consumer Price
22 Index issued by the United States Department of Labor for the
23 most recent 12-month period ending September 30, compared to
24 the base year average, which is the average for the 12-month
25 period ending September 30, 1996. At the end of each year,
26 the projected acreage of impact shall be reconciled with the
27 acreage of impact of projects as permitted pursuant to this
28 part and s. 404 of the Clean Water Act, 33 U.S.C. s. 1344, and
29 the following year's transfer of funds shall be adjusted
30 accordingly to reflect the overtransfer or undertransfer of
31 funds from the preceding year. The Department of Environmental
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Amendment No.
1 Protection is authorized to transfer such funds from the
2 Ecosystem Management and Restoration Trust Fund to the water
3 management districts to carry out the mitigation programs.
4 (4) Prior to December 1 of each year 31, 1996, each
5 water management district, in consultation with the Department
6 of Environmental Protection, the United States Army Corps of
7 Engineers, and other appropriate federal, state, and local
8 governments, and entities operating mitigation banks which
9 have obtained a permit pursuant to s. 373.4136, shall develop
10 a plan for the primary purpose of complying with the
11 mitigation requirements adopted pursuant to this part and 33
12 U.S.C. s. 1344. This plan shall also address significant
13 aquatic and exotic plant problems within wetlands and other
14 surface waters. In developing such plans, the districts shall
15 utilize sound ecosystem management practices to address
16 significant water resource needs and shall focus on activities
17 of the department and the water management districts, such as
18 surface water improvement and management projects and lands
19 identified for potential acquisition or restoration, to the
20 extent such activities comply with the mitigation requirements
21 adopted under this part and 33 U.S.C. s. 1344. In determining
22 the activities to be included in such plans, the districts
23 shall also consider the purchase of credits from public or
24 private mitigation banks permitted under this part and shall
25 include such purchase as a part of the mitigation plan when
26 such purchase would offset the impact of the transportation
27 project, provide equal benefits to the water resources than
28 other mitigation options being considered, and provide the
29 most cost-effective mitigation option. The mitigation plan
30 shall be preliminarily approved by the water management
31 district governing board and shall be submitted to the
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Amendment No.
1 secretary of the Department of Environmental Protection for
2 review and final approval. The preliminary approval by the
3 water management district governing board does not constitute
4 a decision that affects substantial interests as provided by
5 s. 120.569. At least 30 days prior to preliminary approval,
6 the water management district shall provide a copy of the
7 draft mitigation plan to any person who has requested a copy.
8 (a) Each mitigation plan shall include a brief
9 explanation of why a mitigation bank was or was not chosen as
10 a mitigation option for each transportation project addressed
11 in the plan, including an estimation and description of
12 identifiable costs of the mitigation bank and nonmitigation
13 bank option to the extent practicable.
14 (b)(a) If the Department of Environmental Protection
15 and water management districts are unable to identify
16 mitigation that would offset the impacts of a project included
17 in the inventory, either due to the nature of the impact or
18 the amount of funds available, that project shall not be
19 addressed in the mitigation plan and the project shall not be
20 subject to the provisions of this section.
21 (c)(b) Specific projects may be excluded from the
22 environmental impact inventory and the mitigation plan and
23 shall not be subject to this section upon the agreement of the
24 Department of Transportation, the Department of Environmental
25 Protection, and the appropriate water management district that
26 the inclusion of such projects would hamper the efficiency or
27 timeliness of the mitigation planning and permitting process.
28 (d)(c) Those transportation projects that are proposed
29 to commence in fiscal year 1996-1997 shall not be addressed in
30 the mitigation plan, and the provisions of subsection (7)
31 shall not apply to these projects. The Department of
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Amendment No.
1 Transportation may enter into interagency agreements with the
2 Department of Environmental Protection or any water management
3 district to perform mitigation planning and implementation for
4 these projects.
5 (e) Surface water improvement and management or
6 aquatic or exotic plant control projects undertaken using the
7 $12 million advance transferred from the Department of
8 Transportation to the Department of Environmental Protection
9 in fiscal year 1996-1997 shall remain available for mitigation
10 until the $12 million is fully credited up to and including
11 fiscal year 2004-2005. When these projects are used as
12 mitigation, the $12 million advance shall be reduced by
13 $75,000 per acre of impact mitigated. For any fiscal year
14 through and including fiscal year 2004-2005, to the extent the
15 cost of developing and implementing the mitigation plans is
16 less than the amount transferred from the Department of
17 Transportation to the Department of Environmental Protection
18 pursuant to subsection (3), the difference shall be credited
19 towards the $12 million advance.
20 (d) On July 1, 1996, the Department of Transportation
21 shall transfer to the Department of Environmental Protection
22 $12 million from the State Transportation Trust Fund for the
23 purposes of the surface water improvement management program
24 and to address statewide aquatic and exotic plant problems
25 within wetlands and other surface waters. Such funds shall be
26 considered an advance upon funds that the Department of
27 Transportation would provide for statewide mitigation during
28 the 1997-1998, 1998-1999, and 1999-2000 fiscal years. This
29 use of mitigation funds for surface water improvement
30 management projects or aquatic and exotic plant control may be
31 utilized as mitigation for transportation projects to the
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SENATE AMENDMENT
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Amendment No.
1 extent that it complies with the mitigation requirements
2 adopted pursuant to this part and 33 U.S.C. s. 1344. To the
3 extent that such activities result in mitigation credit for
4 projects permitted in fiscal year 1996-1997, all or part of
5 the $12 million funding for surface water improvement
6 management projects or aquatic and exotic plant control in
7 fiscal year 1996-1997 shall be drawn from Department of
8 Transportation mitigation funding for fiscal year 1996-1997
9 rather than from mitigation funding for fiscal years
10 1997-1998, 1998-1999, and 1999-2000, in an amount equal to the
11 cost per acre of impact described in subsection (3), times the
12 acreage of impact that is mitigated by such plant control
13 activities. Any part of the $12 million that does not result
14 in mitigation credit for projects permitted in fiscal year
15 1996-1997 shall remain available for mitigation credit during
16 fiscal years 1997-1998, 1998-1999, or 1999-2000.
17 (5) The water management district shall be responsible
18 for ensuring that mitigation requirements pursuant to 33
19 U.S.C. s. 1344 are met for the impacts identified in the
20 inventory described in subsection (2), by implementation of
21 the approved plan described in subsection (4) to the extent
22 funding is provided as funded by the Department of
23 Transportation. During the federal permitting process, the
24 water management district may deviate from the approved
25 mitigation plan in order to comply with federal permitting
26 requirements.
27 (6) The mitigation plan shall be updated annually to
28 reflect the most current Department of Transportation work
29 program, and may be amended throughout the year to anticipate
30 schedule changes or additional projects which may arise. Each
31 update and amendment of the mitigation plan shall be submitted
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Amendment No.
1 to the secretary of the Department of Environmental Protection
2 for approval as described in subsection (4). However, such
3 approval shall not be applicable to a deviation as described
4 in subsection (5).
5 (7) Upon approval by the secretary of the Department
6 of Environmental Protection, the mitigation plan shall be
7 deemed to satisfy the mitigation requirements under this part
8 and any other mitigation requirements imposed by local,
9 regional, and state agencies for impacts identified in the
10 inventory described in subsection (2). The approval of the
11 secretary shall authorize the activities proposed in the
12 mitigation plan, and no other state, regional, or local permit
13 or approval shall be necessary.
14 (8) This section shall not be construed to eliminate
15 the need for the Department of Transportation to comply with
16 the requirement to implement practicable design modifications,
17 including realignment of transportation projects, to reduce or
18 eliminate the impacts of its transportation projects on
19 wetlands and other surface waters as required by rules adopted
20 pursuant to this part, or to diminish the authority under this
21 part to regulate other impacts, including water quantity or
22 water quality impacts, or impacts regulated under this part
23 that are not identified in the inventory described in
24 subsection (2).
25 (9) The recommended mitigation plan shall be annually
26 submitted to the Executive Office of the Governor and the
27 Legislature through the legislative budget request of the
28 Department of Environmental Protection in accordance with
29 chapter 216. Any funds not directed to implement the
30 mitigation plan should, to the greatest extent possible, be
31 directed to fund aquatic and exotic plant problems within the
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Amendment No.
1 wetlands and other surface waters.
2 (10) By December 1, 1997, the Department of
3 Environmental Protection, in consultation with the water
4 management districts, shall submit a report to the Governor,
5 the President of the Senate, and the Speaker of the House of
6 Representatives describing the implementation of this section,
7 including the use of public and private mitigation banks and
8 other types of mitigation approved in the mitigation plan.
9 The report shall also recommend any amendments to this section
10 necessary to improve the process for developing and
11 implementing mitigation plans for the Department of
12 Transportation. The report shall also include a specific
13 section on how private and public mitigation banks are
14 utilized within the mitigation plans.
15 Section 15. Section 86 of chapter 93-213, Laws of
16 Florida, is amended to read:
17 Section 86. The Department of Environmental Regulation
18 is authorized 54 career service positions for administering
19 the state NPDES program. Twenty-five career service positions
20 are authorized for startup of the program beginning July 1,
21 1993, and the remaining 29 career service positions beginning
22 January 1, 1994. The state NPDES program staffing shall start
23 July 1, 1993, with completion targeted for 6 months following
24 United States Environmental Protection Agency authorization to
25 administer the National Pollutant Discharge Elimination System
26 program. Implementation of positions is subject to review and
27 final approval by the secretary of the Department of
28 Environmental Regulation. The sum of $3.2 million is hereby
29 appropriated from the Pollution Recovery Trust Fund to cover
30 program startup costs. Such funds are to be repaid from a
31 fund the Legislature deems appropriate, no later than July 1,
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Amendment No.
1 2000.
2 Section 16. Subsections (8) and (9) are added to
3 section 373.139, Florida Statutes, to read:
4 (8) The Legislature declares that the Kissimmee River,
5 Florida Project as identified in the Project Cooperation
6 Agreement between the Department of the Army and the South
7 Florida Water Management District, dated March 22, 1994, and
8 the C-111 Project as identified in the Central and Southern
9 Florida Flood Control Project Real Estate Design Memorandum
10 Canal 111, South Dade County, Florida are in the public
11 interest, for a public purpose and are necessary for the
12 public health and welfare. Through July 1, 2000, the governing
13 board of the district is empowered and authorized to acquire
14 fee title or easement by eminent domain for the limited
15 purpose of implementing the Kissimmee River, Florida Project
16 and the C-111 Project, more fully described above, and the
17 acquisition of real property, including by eminent domain, for
18 these objectives constitutes a public purpose for which it is
19 in the public interest to expend public funds.
20 (9) Through July 1, 2000, the South Florida Water
21 Management District may disburse state or district funds to
22 any agency or department of the Federal Government in any
23 agreement or arrangement to take property or any interest
24 therein by eminent domain, pursuant to federal law, unless
25 such arrangement diminishes or deprives a person or entity of
26 any right, privilege, or compensation that they would
27 otherwise have if the property or interest was taken by
28 eminent domain under Florida law. This subsection shall not
29 apply to federal grant funds received by the state or
30 district.
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Amendment No.
1 (Redesignate subsequent sections.)
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3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 2, line 19, after the semicolon,
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8 insert:
9 amending s. 373.4137, F.S.; requiring ongoing
10 annual submissions, to the Department of
11 Environmental Protection and water management
12 districts, by the Department of Transportation
13 of its adopted work program and inventory of
14 impacted habitats; authorizing inclusion of
15 habitat impacts of future transportation
16 projects; providing activities associated with
17 development of mitigation plans; requiring
18 water management districts to consult with
19 entities operating mitigation banks when
20 developing mitigation plans; providing that a
21 water management district's preliminary
22 approval of a mitigation plan does not
23 constitute a decision affecting substantial
24 interests; requiring mitigation plans to
25 include certain information; authorizing
26 exclusion of certain projects from the
27 environmental impact inventory; extending
28 certain mitigation funding through fiscal year
29 2004-2005; authorizing amendment of annual
30 mitigation plans for certain purposes;
31 providing for uses of funds not directed to
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Amendment No.
1 implement mitigation plans; deleting obsolete
2 provisions relating to a report; amending s. 86
3 of ch. 93-213, Laws of Florida; deleting a
4 scheduled repayment of funds previously
5 appropriated for startup costs of the National
6 Pollutant Discharge Elimination System program;
7 amending s. 373.139, F.S.; allowing the
8 disbursement of certain district funds or
9 assets in eminent domain proceedings under
10 certain circumstances for a specified period;
11 providing a declaration that the Kissimmee
12 River Project is in the public interest and for
13 a public purpose; authorizing certain eminent
14 domain proceedings;
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