Senate Bill 2070

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    Florida Senate - 1998                                  SB 2070

    By Senator Kirkpatrick





    5-1637-98

  1                      A bill to be entitled

  2         An act relating to Everglades pollution

  3         abatement funding; creating s. 373.45928, F.S.;

  4         providing legislative findings and intent;

  5         requiring the Joint Legislative Committee on

  6         Everglades Oversight to recommend a funding

  7         mechanism for any additional water quality

  8         improvements developed under ss. 373.4592 and

  9         373.45928, F.S.; requiring the South Florida

10         Water Management District, in coordination with

11         the Department of Environmental Protection to

12         assist the joint committee by conducting

13         specified analyses; providing for public

14         workshops and hearings; requiring the Joint

15         Legislative Committee on Everglades Oversight

16         to prepare and submit its report and funding

17         recommendations to the Legislature and the

18         Governor; providing an appropriation; providing

19         an effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Section 373.45928, Florida Statutes, is

24  created to read:

25         373.45928  Everglades Pollution Abatement Funding.--

26         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

27  finds and declares the following:

28         (a)  In 1996 Amendment 5 to the State Constitution

29  amended s. 7 of Art. II of the State Constitution by adding a

30  new subsection (b) to address responsibility of those in the

31  Everglades Agricultural Area for the costs of abating

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    Florida Senate - 1998                                  SB 2070
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  1  pollution both in the Everglades Protection Area and the

  2  Everglades Agricultural Area. In its 1997 advisory opinion to

  3  the Governor, the Florida Supreme Court opined that Amendment

  4  5 requires implementing legislation to make it effective. The

  5  court did not construe the Everglades Forever Act, s.

  6  373.4592, to be enabling legislation for Amendment 5, and also

  7  held that there is no inconsistency between Amendment 5 and

  8  the Everglades Forever Act. The court further held that the

  9  words "primarily responsible" in Amendment 5 require those in

10  the Everglades Agricultural Area who cause water pollution in

11  the Everglades Protection Area  or the Everglades Agricultural

12  Area to bear the costs of abating that pollution. In a

13  footnote to its advisory opinion to the Governor, the court

14  recognized that not all of the water pollution within these

15  areas may be caused by polluters within the Everglades

16  Agricultural Area, and thus, while polluters within that area

17  as a group must pay for 100 percent of the cost to abate the

18  pollution they cause, Amendment 5 does not require them to pay

19  for the abatement of such portion of the pollution they do not

20  cause. The Legislature finds and declares that this approach

21  is fair and equitable, and should not be limited to those

22  polluters in the Everglades Agricultural Area but should

23  likewise be applied to all of those who cause pollution in

24  either the Everglades Protection Area or the Everglades

25  Agricultural Area, wherever they might be located.

26         (b)  The Legislature finds that a continuation of

27  ongoing research, monitoring, and water-quality-standards

28  evaluation programs as mandated by the Everglades Forever Act

29  is needed to implement Amendment 5. The Legislature therefor

30  reaffirms its mandate to the district to construct the

31  Everglades Construction Project on time and on budget as

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  1  funded by that act and to follow the science-based Everglades

  2  Program established by that act as the basis for further

  3  Everglades restoration decisionmaking.

  4         (c)  The Legislature further finds that it is in the

  5  public interest to implement Amendment 5 so that funding

  6  mechanisms for any additional Everglades water pollution

  7  abatement measures developed under the Everglades Forever Act

  8  are consistent with that mandate. Such funding mechanisms

  9  shall ensure that those in the Everglades Agricultural Area as

10  well as those outside that area pay their respective shares of

11  the costs of any water-quality-improvement measures needed

12  following construction of the Everglades Construction Project

13  to achieve compliance with state water quality standards in

14  the Everglades Protection Area.

15         (d)  The Joint Legislative Committee on Everglades

16  Oversight is an appropriate body to collect information and

17  analyses needed to establish a pollution-abatement funding

18  program consistent with the rationale of Amendment 5, in

19  coordination with and in furtherance of ongoing research in

20  connection with the Everglades Forever Act.

21         (2)  DEFINITIONS.--As used in this section: the terms

22  "best management practices", "department", "district",

23  "Everglades Agricultural Area", "Everglades Construction

24  Project", "Everglades Program", and "Everglades Protection

25  Area" have the same meanings set forth in s. 373.4592(2); and

26  the term "pollution" has the same meaning set forth in s.

27  403.031(7).

28         (3)  DEVELOPMENT OF A FUNDING PROGRAM.--The joint

29  committee established under s. 11.80, shall recommend to the

30  Legislature a funding program for any additional water quality

31  improvements that are recommended under s. 373.4592 or this

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  1  section and reviewed in accordance with the process

  2  established in the section and that are needed to bring the

  3  Everglades Protection Area into compliance with state water

  4  quality standards. The district, in coordination with the

  5  department, shall assist the joint committee by developing

  6  information needed to implement Amendment 5, together with a

  7  methodology to be applied to assess pollution abatement costs

  8  against those outside the Everglades Agricultural Area who

  9  also cause pollution in the Everglades Protection Area and the

10  Everglades Agricultural Area. Specifically, the joint

11  committee shall consider:

12         (a)  An analysis of the following:

13         1.  The water quality benefits of best management

14  practices and the Everglades Construction Project as

15  implemented and tested.

16         2.  Everglades research and monitoring reports,

17  conclusions, and recommendations developed under s.

18  373.4592(4)(d).

19         3.  The evaluation, establishment, and application of

20  water quality standards under s. 373.4592(4)(e).

21         4.  The alternative costs of reducing phosphorus

22  concentrations in all surface waters entering the Everglades

23  Protection Area to long term annual average phosphorus

24  concentrations of 50 parts per billion, and then to 40 parts

25  per billion, 30 parts per billion, 20 parts per billion, and

26  10 parts per billion, respectively.

27         5.  The costs of reducing other water quality

28  constituents of ecological concern to acceptable levels in the

29  Everglades Protection Area.

30         (b)  The district shall develop and provide the joint

31  committee estimates, assuming a continuation of best

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    Florida Senate - 1998                                  SB 2070
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  1  management practices in the Everglades Agricultural Area and

  2  implementation of the Everglades Construction Project, of the

  3  annual average loads of phosphorus and other water quality

  4  constituents of ecological concern, on a percentage of the

  5  whole basis, that will enter the Everglades Protection Area

  6  and the Everglades Agricultural Area from each of the

  7  following sources: atmospheric deposition, Everglades

  8  Agricultural Area runoff, water supply releases from Lake

  9  Okeechobee, and each other tributary of the Everglades

10  Protection Area and the Everglades Agricultural Area.

11         (c)  An analysis of how achieving each surface water

12  quality improvement specified in subparagraphs (a)4. and 5.

13  would affect or be affected by the following: the multiple

14  beneficial uses and integrated water management purposes for

15  which the Central and Southern Florida Flood Control Project

16  was constructed; Everglades hydroperiod restoration and water

17  supply improvement measures; conveyance of water to Stormwater

18  Treatment Areas; and the water management goals of chapter

19  373.

20         (d)  A recommended water quality treatment plan, based

21  upon scientific, technical, and economic studies of the most

22  promising alternatives, demonstrating a reasonable

23  relationship between the economic and social costs and the

24  benefits to be obtained.

25         (e)  Proposed funding mechanisms that ensure that those

26  in all tributaries of the Everglades Protection Area and the

27  Everglades Agricultural Area identified under this subsection

28  pay the proportional costs that their activities add to the

29  estimated total cost of achieving each of the water quality

30  improvement scenarios listed above. Such funding mechanisms

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    Florida Senate - 1998                                  SB 2070
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  1  must be based upon the use of special assessments for those

  2  not providing their own treatment.

  3         (4)  PUBLIC HEARINGS.--The district shall conduct at

  4  least two public workshops on the recommended water quality

  5  treatment plan and proposed funding mechanisms prior to

  6  submitting them to the joint committee. The joint committee

  7  shall review the information provided by the district under

  8  subsection (3) and conduct at least two public hearings prior

  9  to finalizing its own funding recommendations. The joint

10  committee shall by January 1, 1999, submit its initial report

11  regarding implementation of Amendment 5 to the Governor, the

12  President of the Senate, and the Speaker of the House of

13  Representatives. Regarding other reports and recommendations

14  of the joint committee, the joint committee shall, by January

15  1 of the year following preparation of such reports, submit

16  its findings and recommendations to the Governor, the

17  President of the Senate, and the Speaker of the House of

18  Representatives.

19         Section 2.  The sum of $          is appropriated from

20  the General Revenue Fund to the Joint Legislative Committee on

21  Everglades Oversight to administer this act.

22         Section 3.  This act shall take effect upon becoming a

23  law.

24

25            *****************************************

26                          SENATE SUMMARY

27    Requires the Joint Legislative Committee on Everglades
      Oversight to conduct analyses and recommend a funding
28    mechanism for additional water quality improvement
      developed under ss. 373.4592 and 373.45928, F.S. Provides
29    an appropriation.

30

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