CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 3125
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Kirkpatrick moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 1, between lines 10 and 11,
15
16 insert:
17 Section 1. Subsections (1), (3), (9), and (10) of
18 section 403.1835, Florida Statutes, are amended to read:
19 403.1835 Sewage treatment facilities revolving loan
20 program.--
21 (1) The purpose of this section is to assist in
22 implementing the legislative declaration of public policy as
23 contained in s. 403.021 by establishing a self-perpetuating
24 loan program to accelerate construction of sewage treatment
25 facilities by local governmental agencies and to assist local
26 governmental agencies.
27 (3) The department is authorized to make loans and
28 grants to local governmental agencies to assist them in
29 planning, designing, and constructing sewage treatment
30 facilities and stormwater management systems. The department
31 may administer the resulting portfolio of loans, including the
1
11:38 AM 04/14/98 h3125c-05j01
SENATE AMENDMENT
Bill No. HB 3125
Amendment No.
1 authority to sell or pledge the loans, or any portion of the
2 loans, with the approval of the Governor, the Treasurer, and
3 the Comptroller, acting as the State Board of Administration,
4 to ensure compliance with subsection (1).
5 (a) The department is authorized to make loans, to
6 provide loan guarantees, to purchase loan insurance, and to
7 refinance local debt through the issue of new loans for
8 projects approved by the department. Local governmental
9 agencies are authorized to borrow funds made available
10 pursuant to this section and may pledge any revenue available
11 to them to repay any funds borrowed. The department shall
12 administer loans to local governmental agencies so that at
13 least 15 percent of each annual allocation for loans is
14 reserved for small communities.
15 (b) The department may make grants to financially
16 disadvantaged small communities, as defined in s. 403.1838,
17 using funds made available from grant allocations on loans
18 authorized under subsection (4). The grants must be
19 administered in accordance with s. 403.1838.
20 (c) The department may make grants to local government
21 agencies as authorized under the Federal Water Pollution
22 Control Act, or as a result of other federal action. The
23 grants must be administered in accordance with this section
24 and applicable federal requirements.
25 (9) Funds for the loans and grants authorized under
26 this section must be managed as follows:
27 (a) A nonlapsing trust fund with revolving loan
28 provisions to be known as the "Sewage Treatment Revolving Loan
29 Fund" is hereby established in the State Treasury to be used
30 as a revolving fund by the department to carry out the purpose
31 of this section. Any funds therein which are not needed on an
2
11:38 AM 04/14/98 h3125c-05j01
SENATE AMENDMENT
Bill No. HB 3125
Amendment No.
1 immediate basis for loans may be invested pursuant to s.
2 215.49. The cost of administering the program shall be paid
3 from federal funds, and from reasonable service fees that may
4 be imposed upon loans, and from proceeds from the sale of
5 loans as permitted by federal law so as to enhance program
6 perpetuity. Grants awarded by the Federal Government, state
7 matching funds, and investment earnings thereon shall be
8 deposited into the fund. Proceeds from the sale of loans must
9 be deposited into the fund. All moneys available in the fund,
10 including investment earnings, are hereby designated to carry
11 out the purpose of this section. The principal and interest
12 payments of all loans held by the fund repaid and investment
13 earnings shall be deposited into this fund.
14 (b) Revenues from the loan grant allocations
15 authorized under subsection (4), federal appropriations, state
16 matching funds for grants authorized by federal statute or
17 other federal action, and service fees, and all earnings
18 thereon, shall be deposited into the department's Grants and
19 Donations Trust Fund. Service fees and all earnings thereon
20 must be used solely for program administration. The loan grant
21 allocation revenues and earnings thereon must be used solely
22 for the purpose of making grants to financially disadvantaged
23 small communities. Federal appropriations and state matching
24 funds for grants authorized by federal statute or other
25 federal action, and earnings thereon, must be used solely for
26 the purposes authorized. All deposits into the department's
27 Grants and Donations Trust Fund under this section, and
28 earnings thereon, must be accounted for separately from all
29 other moneys deposited into the fund.
30 (10)(a) Because the Legislature has experienced
31 revenue shortfalls in recent years and has been unable to
3
11:38 AM 04/14/98 h3125c-05j01
SENATE AMENDMENT
Bill No. HB 3125
Amendment No.
1 provide enough funds to fully match available federal funds to
2 help capitalize the Sewage Treatment Revolving Loan Fund, it
3 is necessary for innovative approaches to be considered to
4 help capitalize the revolving loan fund. The department shall
5 evaluate potential innovative approaches that can generate
6 funds to match available federal funds. The department may
7 adopt approaches that will help ensure the continuing
8 viability of the Sewage Treatment Revolving Loan Fund. The
9 department shall consider, among other possible alternatives,
10 the option of implementing by rule a program to allow local
11 governments to offer funds voluntarily to the state for use as
12 a match to available federal funds to capitalize the state
13 sewage treatment revolving loan fund.
14 (b) The department may adopt rules necessary to
15 administer this section.
16
17 (Redesignate subsequent sections.)
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 1, line 2, delete that line
23
24 and insert:
25 An act relating to pollution control; amending
26 s. 403.1835, F.S.; providing for the
27 administration of the sewage treatment
28 facilities revolving loan program;
29
30
31
4
11:38 AM 04/14/98 h3125c-05j01