Senate Bill 1254c1

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    Florida Senate - 1999                           CS for SB 1254

    By the Committee on Transportation and Senators Sebesta,
    Bronson and Kurth




    306-1918-99

  1                      A bill to be entitled

  2         An act relating to the Florida Space

  3         Transportation Planning Act; providing a short

  4         title; amending s. 330.30, F.S.; exempting

  5         certain spaceports from a provision of law

  6         relating to the approval of airport sites and

  7         the licensing of airports; amending s. 331.303,

  8         F.S.; revising definitions with respect to the

  9         Spaceport Florida Authority Act; amending s.

10         331.304, F.S.; revising the boundaries of

11         spaceport territory; amending s. 331.305, F.S.;

12         deleting obsolete provisions; amending s.

13         331.308, F.S.; deleting obsolete provisions

14         relating to the board of supervisors; amending

15         s. 331.331, F.S.; removing a limitation on the

16         issuance of certain revenue bonds; amending s.

17         331.360, F.S.; providing for the development of

18         a spaceport master plan; directing the

19         Department of Transportation to promote and

20         develop aerospace transportation facilities;

21         amending s. 332.004, F.S.; providing

22         definitions; amending s. 332.006, F.S.;

23         providing for the duties and responsibilities

24         of the Department of Transportation with

25         respect to aerospace development; amending s.

26         332.007, F.S.; providing for the administration

27         and financing of aerospace programs and

28         projects; creating s. 332.009, F.S.; limiting

29         the operation of the chapter; amending s.

30         334.03, F.S.; redefining the term

31         "transportation facility"; amending s. 339.155,

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    Florida Senate - 1999                           CS for SB 1254
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  1         F.S.; revising a provision of law governing

  2         transportation planning to include reference to

  3         spaceport master plans; amending s. 339.175,

  4         F.S.; including reference to spaceports and

  5         aerospace development with respect to

  6         metropolitan planning organizations; amending

  7         ss. 196.012, 334.27, F.S.; conforming

  8         cross-references; providing an effective date.

  9

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

11

12         Section 1.  Short title--This act may be cited as the

13  "Florida Space Transportation Planning Act."

14         Section 2.  Paragraph (g) is added to subsection (3) of

15  section 330.30, Florida Statutes, 1998 Supplement, to read:

16         330.30  Approval of airport sites and licensing of

17  airports; fees.--

18         (3)  EXEMPTIONS.--The provisions of this section do not

19  apply to:

20         (g)  A spaceport as defined in s. 331.303(19) that has

21  been licensed by the Federal Aviation Administration.

22         Section 3.  Subsection (16) of section 331.303, Florida

23  Statutes, is amended to read:

24         331.303  Definitions.--

25         (16)  "Project" means any development, improvement,

26  property, launch, utility, facility, system, works, road,

27  sidewalk, enterprise, service, or convenience, which may

28  include coordination with Enterprise Florida, Inc. the Florida

29  High Technology and Industry Council, the Board of Regents,

30  the Florida Space Institute, and the Florida Space Grant

31  Consortium Space Research Foundation; any rocket, capsule,

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  1  module, launch facility, assembly facility, operations or

  2  control facility, tracking facility, administrative facility,

  3  or any other type of space-related transportation vehicle,

  4  station, or facility; any type of equipment or instrument to

  5  be used or useful in connection with any of the foregoing; any

  6  type of intellectual property and intellectual property

  7  protection in connection with any of the foregoing including,

  8  without limitation, any patent, copyright, trademark, and

  9  service mark for, among other things, computer software; any

10  water, wastewater, gas, or electric utility system, plant, or

11  distribution or collection system; any small business

12  incubator initiative, including any startup aerospace company,

13  research and development company, research and development

14  facility, storage facility, and consulting service; or any

15  tourism initiative, including any space experience attraction,

16  space-launch-related activity, and space museum sponsored or

17  promoted by the authority.

18         Section 4.  Section 331.304, Florida Statutes, is

19  amended to read:

20         331.304  Spaceport territory.--The following property

21  shall constitute spaceport territory:

22         (1)  Certain real property located in Brevard County

23  that is included within the 1998 boundaries of Patrick Air

24  Force Base, Cape Canaveral Air Station, John F. Kennedy Space

25  Center with the following boundaries:

26         (a)  Northern boundary--Latitude 28°32'30" North.

27         (b)  Eastern boundary--The mean high water line of the

28  shore along the Atlantic Ocean.

29         (c)  Western boundary--Cape Road (State Road 401).

30         (d)  Southern boundary--Latitude 28°26' North.

31

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  1         (2)  Certain real property located in Gulf County with

  2  the following boundaries:

  3         (a)  Northern boundary--Latitude 29°40'45" North from

  4  longitude 85°20' West in a westerly direction to the mean high

  5  water line of the Gulf of Mexico.

  6         (b)  Eastern boundary--Longitude 85°20' West.

  7         (c)  Western boundary--The mean high water line of the

  8  shore along the Gulf of Mexico.

  9         (d)  Southern boundary--The mean high water line of the

10  shore along the Gulf of Mexico.

11         (3)  Certain real property located in Santa Rosa,

12  Okaloosa, and Walton Counties that is included within the 1997

13  boundaries of Eglin Air Force Base.

14         (4)  Certain real property within Dade County that is

15  included within the 1997 boundaries of the Homestead Air

16  Reserve Base.

17         Section 5.  Subsections (1), (4), and (21) of section

18  331.305, Florida Statutes, are amended to read:

19         331.305  Powers of the authority.--The authority shall

20  have the power to:

21         (1)  Exercise all powers granted to corporations under

22  the Florida Business General Corporation Act, chapter 607.

23         (4)  Review and make recommendations with respect to a

24  strategy to guide and facilitate the future of space-related

25  educational and commercial development.  The authority shall

26  in coordination with the Federal Government, private industry,

27  and Florida universities develop a business plan which shall

28  address the expansion of Spaceport Florida locations, space

29  launch capacity, spaceport projects, and complementary

30  activities, which shall include, but not be limited to, a

31  detailed analysis of:

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  1         (a)  The authority and the commercial space industry.

  2         (b)  Products, services description--potential,

  3  technologies, skills.

  4         (c)  Market research and evaluation--customers,

  5  competition, economics.

  6         (d)  Marketing plan and strategy.

  7         (e)  Design and development plan--tasks, difficulties,

  8  costs.

  9         (f)  Manufacturing locations, facilities, and

10  operations plan.

11         (g)  Management organization--roles and

12  responsibilities.

13         (h)  Overall schedule (monthly).

14         (i)  Important risks, assumptions, and problems.

15         (j)  Community impact--economic, human development,

16  community development.

17         (k)  Financial plan (monthly for first year; quarterly

18  for next 3 years).

19         (l)  Proposed authority offering--financing,

20  capitalization, use of funds.

21

22  A final report containing the recommendations and business

23  plan of the authority shall be completed and submitted prior

24  to the 1990 Regular Session of the Legislature, along with any

25  proposed statutory changes and related legislative budget

26  requests required to implement the business plan, to the

27  Governor, the President of the Senate, the Speaker of the

28  House of Representatives, the minority leader of the Senate,

29  and the minority leader of the House of Representatives.

30         (21)  Issue revenue bonds, assessment bonds, or any

31  other bonds or obligations authorized by the provisions of

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  1  this act or any other law, or any combination of the

  2  foregoing, and pay all or part of the cost of the acquisition,

  3  construction, reconstruction, extension, repair, improvement,

  4  or maintenance of any project or combination of projects,

  5  including payloads and space flight hardware, and equipment

  6  for research, development, and educational activities, to

  7  provide for any facility, service, or other activity of the

  8  authority, and provide for the retirement or refunding of any

  9  bonds or obligations of the authority, or for any combination

10  of the foregoing purposes. Until December 31, 1994, bonds,

11  other than conduit bonds, issued under the authority contained

12  in this act shall not exceed a total of $500 million and must

13  first be approved by a majority of the members of the Governor

14  and Cabinet.  The authority must provide 14 days' notice to

15  the presiding officers and appropriations chairs of both

16  houses of the Legislature prior to presenting a bond proposal

17  to the Governor and Cabinet.  If either presiding officer or

18  appropriations chair objects to the bonding proposal within

19  the 14-day-notice period, the bond issuance may be approved

20  only by a vote of two-thirds of the members of the Governor

21  and Cabinet.

22         Section 6.  Subsection (2) of section 331.308, Florida

23  Statutes, is amended to read:

24         331.308  Board of supervisors.--

25         (2)  Initially, the Governor shall appoint four regular

26  members for terms of 3 years or until successors are appointed

27  and qualified and three regular members for terms of 4 years

28  or until successors are appointed and qualified.  Thereafter,

29  each such member shall serve a term of 4 years or until a

30  successor is appointed and qualified.  The term of each such

31  member shall be construed to commence on the date of

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  1  appointment and to terminate on June 30 of the year of the end

  2  of the term.  The terms for such members initially appointed

  3  shall be construed to include the time between initial

  4  appointment and June 30, 1992, for those appointed for 3-year

  5  terms, and June 30, 1993, for those appointed for 4-year

  6  terms.  No such member shall be allowed to serve an initial

  7  3-year term or fill any vacancy for the remainder of a term

  8  for less than 4 years.  Appointment to the board shall not

  9  preclude any such member from holding any other private or

10  public position.

11         Section 7.  Subsection (1) of section 331.331, Florida

12  Statutes, is amended to read:

13         331.331  Revenue bonds.--

14         (1)  Revenue bonds issued by the authority shall not be

15  deemed revenue bonds issued by the state or its agencies for

16  purposes of s. 11, Art. VII of the State Constitution and ss.

17  215.57-215.83.  However, until December 31, 1994, the power of

18  the authority to issue revenue bonds shall be limited as

19  provided in s. 331.305.  The authority shall include in its

20  annual report to the Governor and Legislature, as provided in

21  s. 331.310, a summary of the status of existing and proposed

22  bonding projects.

23         Section 8.  Section 331.360, Florida Statutes, is

24  amended to read:

25         331.360  Joint project agreement or assistance.--

26         (1)  Notwithstanding any other provision of law, the

27  Department of Transportation may enter into a joint project

28  agreement with, or otherwise assist, the Spaceport Florida

29  Authority as necessary to effectuate the provisions of this

30  chapter and may allocate funds for such purposes in its 5-year

31

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    Florida Senate - 1999                           CS for SB 1254
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  1  work program.  However, the department may not fund the

  2  administrative or operational costs of the authority.

  3         (2)  The authority shall develop a spaceport master

  4  plan for expansion and modernization of space transportation

  5  facilities within spaceport territories as defined in s.

  6  331.303(22). The plan shall contain recommended projects to

  7  meet current and future commercial, national, and state space

  8  transportation requirements, and identify appropriate funding

  9  levels and sources. The authority shall submit the plan to any

10  appropriate M.P.O. for review of intermodal impacts. The

11  authority shall submit the spaceport master plan to the

12  Department of Transportation and such plan may be included

13  within the department's 5-year work program of qualifying

14  aerospace discretionary capacity improvement under ss.

15  332.001-332.007. The plan shall include recommendations on

16  appropriate sources of revenue that may be developed to

17  contribute to the State Transportation Trust Fund.

18         Section 9.  Section 332.001, Florida Statutes, is

19  amended to read:

20         332.001  Aviation and aerospace; powers and duties of

21  the Department of Transportation.--

22         (1)  It shall be the duty, function, and responsibility

23  of the Department of Transportation to plan airport systems in

24  this state.  In carrying out this duty and responsibility, the

25  department may assist and advise, cooperate, and coordinate

26  with the federal, state, local, or private organizations and

27  individuals in planning such systems of airports.

28         (2)  It shall be the duty, function, and responsibility

29  of the Department of Transportation to promote the further

30  development and improvement of air routes, airport facilities,

31  and landing fields and protect their approaches and to

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  1  stimulate the development of aviation commerce and air

  2  facilities. In carrying out this duty and responsibility, the

  3  department may advise and cooperate with municipalities,

  4  counties, regional authorities, state agencies, appropriate

  5  federal agencies, and interested private individuals and

  6  groups.

  7         (3)  It shall be the duty, function, and responsibility

  8  of the Department of Transportation to promote the further

  9  development and improvement of aerospace transportation

10  facilities, to address intermodal requirements and impacts of

11  the launch ranges, spaceports, and other aerospace

12  transportation facilities, to assist in the development of

13  joint-use facilities and technology that support aviation and

14  aerospace operations, and to promote cooperative efforts

15  between federal and state government entities to improve space

16  transportation capacity and efficiency. In carrying out this

17  duty and responsibility, the department may assist and advise,

18  cooperate, and coordinate with federal, state, local, or

19  private organizations and individuals.

20         Section 10.  Section 332.004, Florida Statutes, is

21  amended to read:

22         332.004  Definitions of terms used in ss.

23  332.003-332.007.--As used in ss. 332.003-332.007, the term:

24         (1)  "Aerospace" means the science and art of space

25  flight and includes, but is not limited to, transportation to

26  and from orbital and suborbital locations by expendable launch

27  vehicles, sounding rockets, the space transportation system,

28  and other reusable launch vehicles; the operation,

29  construction, repair, or maintenance of spacecraft, spacecraft

30  engines, and accessories; the design, establishment,

31  construction, extension, operation, improvement, repair, or

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  1  maintenance of spaceports or other space tracking facilities;

  2  and instruction in space flight or ground subjects pertaining

  3  thereto.

  4         (2)  "Aerospace discretionary capacity improvement

  5  projects" means capacity improvements which enhance space

  6  transportation capacity at spaceports which have had one or

  7  more orbital or suborbital flights during the previous

  8  calendar year or have an agreement in writing for installation

  9  of one or more regularly scheduled orbital or suborbital

10  flights upon the commitment of funds for stipulated spaceport

11  capital improvements.

12         (3)  "Aircraft" means any motor vehicle or contrivance

13  now known, or hereafter invented, which is used or designed

14  for navigation of or flight in the air, except a parachute or

15  other contrivance designed for such navigation but used

16  primarily as safety equipment.

17         (4)(1)  "Airport" means any area of land or water, or

18  any manmade object or facility located therein, which is used,

19  or intended for public use, for the landing and takeoff of

20  aircraft, and any appurtenant areas which are used, or

21  intended for public use, for airport buildings or other

22  airport facilities or rights-of-way.

23         (5)(2)  "Airport hazard" means any structure or object

24  of natural growth located on or in the vicinity of a

25  public-use airport, or any use of land near such airport,

26  which obstructs or causes an obstruction to the airspace

27  required for the flight of aircraft in landing or taking off

28  at such airport or is otherwise hazardous to landing or taking

29  off at such airport.

30         (6)(3)  "Airport master planning" means the

31  development, for planning purposes, of information and

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  1  guidance to determine the extent, type, and nature of

  2  development needed at a specific airport.

  3         (7)(4)  "Airport or aviation development project" or

  4  "development project" means any activity associated with the

  5  design, construction, purchase, improvement, or repair of a

  6  public-use airport or portion thereof, including, but not

  7  limited to: the purchase of equipment; the acquisition of

  8  land, including land required as a condition of a federal,

  9  state, or local permit or agreement for environmental

10  mitigation; the removal, lowering, relocation, marking, and

11  lighting of airport hazards; the installation of navigation

12  aids used by aircraft in landing at or taking off from a

13  public airport; the installation of safety equipment required

14  by rule or regulation for certification of the airport under

15  s. 612 of the Federal Aviation Act of 1958, and amendments

16  thereto; and the improvement of access to the airport by road

17  or rail system which is on airport property and which is

18  consistent, to the maximum extent feasible, with the approved

19  local government comprehensive plan of the units of local

20  government in which the airport is located.

21         (8)(5)  "Airport or aviation discretionary capacity

22  improvement projects" or "discretionary capacity improvement

23  projects" means capacity improvements which are consistent, to

24  the maximum extent feasible, with the approved local

25  government comprehensive plans of the units of local

26  government in which the airport is located, and which enhance

27  intercontinental capacity at airports which:

28         (a)  Are international airports with United States

29  Customs Service;

30         (b)  Had one or more regularly scheduled

31  intercontinental flights during the previous calendar year or

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  1  have an agreement in writing for installation of one or more

  2  regularly scheduled intercontinental flights upon the

  3  commitment of funds for stipulated airport capital

  4  improvements; and

  5         (c)  Have available or planned public ground

  6  transportation between the airport and other major

  7  transportation facilities.

  8         (9)  "Aviation" means the science and art of flight and

  9  includes, but is not limited to, transportation by aircraft;

10  the operation, construction, repair, or maintenance of

11  aircraft, aircraft power plants, and accessories, including

12  the repair, packing, and maintenance of parachutes; the

13  design, establishment, construction, extension, operation,

14  improvement, repair, or maintenance of airports or other air

15  navigation facilities; and instruction in flying or ground

16  subjects pertaining thereto.

17         (10)(6)  "Aviation and aerospace system planning" means

18  the development of comprehensive aviation and aerospace plans

19  designed to achieve and facilitate the establishment of a

20  statewide, integrated aviation aerospace system in order to

21  meet the current and future aviation and aerospace needs of

22  this state.

23         (11)(7)  "Eligible agency" means a political

24  subdivision of the state or an authority which owns or seeks

25  to develop a public-use airport.

26         (12)(8)  "Federal aid" means funds made available from

27  the Federal Government for the accomplishment of airport or

28  aviation development projects.

29         (13)(9)  "Florida airport system" means all existing

30  public-use airports that are owned and operated within the

31

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  1  state and those public-use airports which will be developed

  2  and made operational in the future.

  3         (14)(10)  "Landing area" means that area used or

  4  intended to be used for the landing, takeoff, or surface

  5  maneuvering of an aircraft.

  6         (15)(11)  "Planning agency" means any agency authorized

  7  by the laws of the state or by a political subdivision to

  8  engage in area planning for the areas in which assistance

  9  under this act is contemplated.

10         (16)(12)  "Project" means a project for the

11  accomplishment of airport or aviation development or airport

12  master planning.

13         (17)(13)  "Project cost" means any cost involved in

14  accomplishing a project.

15         (18)(14)  "Public-use airport" means any publicly owned

16  airport which is used or to be used for public purposes.

17         (19)  "Spaceport" shall have the same meaning as

18  defined in s. 331.303(19).

19         (20)(15)  "Sponsor" means any eligible agency which,

20  either individually or jointly with one or more eligible

21  agencies, submits to the department an application for

22  financial assistance for an airport development project in

23  accordance with this act, or the Spaceport Florida Authority

24  for the submission of a spaceport development project.

25         Section 11.  Section 332.006, Florida Statutes, is

26  amended to read:

27         332.006  Duties and responsibilities of the Department

28  of Transportation.--The Department of Transportation shall,

29  within the resources provided pursuant to chapter 216:

30         (1)  Provide coordination and assistance for the

31  development of a viable aviation and aerospace system in this

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  1  state. To support the system, a statewide aviation and

  2  aerospace system plan shall be developed and periodically

  3  updated which summarizes 5-year, 10-year, and 20-year airport,

  4  and aviation, and aerospace needs within the state.  The

  5  statewide aviation and aerospace system plan shall be

  6  consistent with the goals of the Florida Transportation Plan

  7  developed pursuant to s. 339.155. The statewide aviation and

  8  aerospace system plan shall not preempt local airport master

  9  plans adopted in compliance with federal and state

10  requirements or spaceport master plans adopted by the

11  Spaceport Florida Authority.

12         (2)  Advise and assist the Governor in all aviation and

13  aerospace matters.

14         (3)(a)  Upon request, assist airport sponsors, both

15  financially and technically, in airport master planning.

16         (b)  Upon request, assist the Spaceport Florida

17  Authority, both financially and technically in spaceport

18  planning.

19         (4)  Upon request, provide financial and technical

20  assistance to public agencies which operate public-use

21  airports or spaceports by making department personnel and

22  department-owned facilities and equipment available on a

23  cost-reimbursement basis to such agencies for special needs of

24  limited duration.  The requirement relating to reimbursement

25  of personnel costs may be waived by the department in those

26  cases in which the assistance provided by its personnel was of

27  a limited nature or duration.

28         (5)  Participate in research and development programs

29  relating to airports and aerospace.

30

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  1         (6)  Administer department participation in the program

  2  of aviation, aerospace, and airport grants as provided for in

  3  ss. 332.003-332.007.

  4         (7)  Develop, promote, and distribute supporting

  5  information and educational services.

  6         (8)  Encourage the maximum allocation of federal funds

  7  to local airport and spaceport projects in this state.

  8         (9)  Support the development of land located within the

  9  boundaries of airports and spaceports for the purpose of

10  industrial or other uses compatible with airport and spaceport

11  operations with the objective of assisting airports and

12  spaceports in this state to become fiscally self-supporting.

13  Such assistance may include providing state moneys on a

14  matching basis to airport sponsors and the Spaceport Florida

15  Authority for capital improvements, including, but not limited

16  to, fixed-base operation facilities, parking areas, industrial

17  park utility systems, and road and rail transportation systems

18  which are on airport property.

19         Section 12.  Section 332.007, Florida Statutes, is

20  amended to read:

21         332.007  Administration and financing of aviation, and

22  airport, and aerospace programs and projects; state plan.--

23         (1)  Federal funding of individual local airport

24  projects shall continue to be wholly between the local airport

25  sponsors and the appropriate federal agencies; however, the

26  Department of Transportation is authorized to receive federal

27  grants for statewide projects when no local sponsor is

28  available.

29         (2)(a)  The Department of Transportation shall prepare

30  and continuously update an aviation, and airport, and

31  aerospace work program in accordance with subsections (6), and

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  1  (7), and (8) based on a collection of the local sponsors'

  2  proposed projects to be included in the work program of the

  3  department developed pursuant to s. 339.135. The airport work

  4  program shall separately identify development projects and

  5  discretionary capacity improvement projects.

  6         (b)  The aviation and airport work program shall be

  7  consistent with the statewide aviation and aerospace system

  8  plan and, to the maximum extent feasible, consistent with

  9  approved local government comprehensive plans.  Projects

10  involving funds administered by the department to be

11  undertaken and implemented by the airport sponsor shall be

12  included in the aviation and airport work program.

13         (3)  Assistance pursuant to the provisions of this

14  section shall only be provided for projects which are included

15  in the department's adopted work program developed pursuant to

16  s. 339.135.

17         (4)(a)  The annual legislative budget request for

18  aviation and airport development projects shall be based on

19  the funding required for development projects in the aviation,

20  and airport, and aerospace work program.  The department shall

21  provide priority funding in support of the planning, design,

22  and construction of proposed projects by local sponsors, with

23  special emphasis on projects for runways and taxiways,

24  including the painting and marking of runways and taxiways,

25  lighting, other related airside activities, and airport access

26  transportation facility projects on airport property.

27         (b)  Projects which provide for construction of an

28  automatic weather observation station are eligible for the use

29  of funds provided for herein.

30         (c)  No single airport shall secure airport or aviation

31  development project funds in excess of 25 percent of the total

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  1  airport or aviation development project funds available in any

  2  given budget year.  However, any airport which receives

  3  discretionary capacity improvement project funds in a given

  4  fiscal year shall not receive greater than 10 percent of total

  5  aviation and airport development project funds appropriated in

  6  that fiscal year.

  7         (d)  Unless prohibited by the appropriations act or

  8  general legislation, the department may transfer funds for an

  9  airport and aviation development project to other airport and

10  aviation development projects to maximize the aviation

11  services or federal aid available to this state.

12         (5)  Only those projects or programs provided for in

13  this act that will contribute to the implementation of the

14  state aviation and aerospace system plan, that are consistent

15  with and will contribute to the implementation of any airport

16  or spaceport master plan or layout plan, and that are

17  consistent, to the maximum extent feasible, with the approved

18  local government comprehensive plans of the units of

19  government in which the airport or spaceport is located are

20  eligible for the expenditure of state funds in accordance with

21  fund participation rates and priorities established herein.

22         (6)  Subject to the availability of appropriated funds,

23  the department may participate in the capital cost of eligible

24  public airport and aviation development projects in accordance

25  with the following rates, unless otherwise provided in the

26  General Appropriations Act or the substantive bill

27  implementing the General Appropriations Act:

28         (a)  The department may fund up to 50 percent of the

29  portion of eligible project costs which are not funded by the

30  Federal Government, except that the department may initially

31  fund up to 75 percent of the cost of land acquisition for a

                                  17

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  1  new airport or for the expansion of an existing airport which

  2  is owned and operated by a municipality, a county, or an

  3  authority, and shall be reimbursed to the normal statutory

  4  project share when federal funds become available or within 10

  5  years after the date of acquisition, whichever is earlier.

  6  Due to federal budgeting constraints, the department may also

  7  initially fund the federal portion of eligible project costs

  8  subject to:

  9         1.  The department receiving adequate assurance from

10  the Federal Government or local sponsor that this amount will

11  be reimbursed to the department; and

12         2.  The department having adequate funds in the work

13  program to fund the project.

14

15  Such projects must be contained in the Federal Government's

16  Airport Capital Improvement Program, and the Federal

17  Government must fund, or have funded, the first year of the

18  project.

19         (b)  The department may retroactively reimburse cities,

20  counties, or airport authorities up to 50 percent of the

21  nonfederal share for land acquisition when such land is needed

22  for airport safety, expansion, tall structure control, clear

23  zone protection, or noise impact reduction. No land purchased

24  prior to July 1, 1990, or purchased prior to executing the

25  required department agreements shall be eligible for

26  reimbursement.

27         (c)  When federal funds are not available, the

28  department may fund up to 80 percent of master planning and

29  eligible aviation development projects at publicly owned,

30  publicly operated airports. Such funding is limited to

31  airports that have no scheduled commercial service.

                                  18

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  1         (d)  The department is authorized to fund up to 100

  2  percent of the cost of an eligible project that is statewide

  3  in scope or that involves more than one county where no other

  4  governmental entity or appropriate jurisdiction exists.

  5         (7)  Subject to the availability of appropriated funds

  6  in addition to aviation fuel tax revenues, the department may

  7  participate in the capital cost of eligible public airport and

  8  aviation discretionary capacity improvement projects.  The

  9  annual legislative budget request shall be based on the

10  funding required for discretionary capacity improvement

11  projects in the aviation, and airport, and aerospace work

12  program.

13         (a)  The department shall provide priority funding in

14  support of:

15         1.  Land acquisition which provides additional capacity

16  at the qualifying international airport or at that airport's

17  supplemental air carrier airport.

18         2.  Runway and taxiway projects that add capacity or

19  are necessary to accommodate technological changes in the

20  aviation industry.

21         3.  Airport access transportation projects that improve

22  direct airport access and are approved by the airport sponsor.

23         4.  International terminal projects that increase

24  international gate capacity.

25         (b)  No single airport shall secure discretionary

26  capacity improvement project funds in excess of 50 percent of

27  the total discretionary capacity improvement project funds

28  available in any given budget year.

29         (c)  Unless prohibited by the General Appropriations

30  Act or by law, the department may transfer funds within each

31  category of the airport and aviation discretionary capacity

                                  19

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  1  improvement program to maximize the aviation services or

  2  federal aid available to this state.

  3         (d)  The department may fund up to 50 percent of the

  4  portion of eligible project costs which are not funded by the

  5  Federal Government except that the department may initially

  6  fund up to 75 percent of the cost of land acquisition for a

  7  new airport or for the expansion of an existing airport which

  8  is owned and operated by a municipality, a county, or an

  9  authority, and shall be reimbursed to the normal statutory

10  project share when federal funds become available or within 10

11  years after the date of acquisition, whichever is earlier.

12         (8)  Subject to the availability of appropriated funds,

13  the department may participate in the capital cost of eligible

14  aerospace discretionary capacity improvement projects. The

15  annual legislative budget request shall be based on the

16  funding required for aerospace discretionary capacity

17  improvement projects in the aviation, airport, and aerospace

18  work program.

19         Section 13.  Section 332.009, Florida Statutes, is

20  created to read:

21         332.009  Limitation on operation of chapter.--Nothing

22  in this chapter shall be construed to authorize expenditure of

23  aviation fuel tax revenues on space transportation projects.

24  Nothing in this chapter shall be construed to limit the

25  department's authority under s. 331.360.

26         Section 14.  Subsection (31) of section 334.03, Florida

27  Statutes, is amended to read:

28         334.03  Definitions.--When used in the Florida

29  Transportation Code, the term:

30         (31)  "Transportation facility" means any means for the

31  transportation of people or and property from place to place

                                  20

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  1  which is constructed, operated, or maintained in whole or in

  2  part from public funds. The term includes the property or

  3  property rights, both real and personal, which have been or

  4  may be established by public bodies for the transportation of

  5  people or and property from place to place.

  6         Section 15.  Paragraph (d) of subsection (2) of section

  7  339.155, Florida Statutes, is amended, present paragraphs (w)

  8  and (x) of that subsection are redesignated as paragraphs (x)

  9  and (y), respectively, and a new paragraph (w) is added to

10  that subsection, to read:

11         339.155  Transportation planning.--The department shall

12  develop and annually update a statewide transportation plan,

13  to be known as the Florida Transportation Plan.  The plan

14  shall be designed so as to be easily read and understood by

15  the general public.

16         (2)  DEVELOPMENT CRITERIA.--The Florida Transportation

17  Plan shall consider the needs of the entire state

18  transportation system, examine the use of all modes of

19  transportation to effectively and efficiently meet such needs,

20  and provide for the interconnection of all types of modes in a

21  comprehensive intermodal transportation system.  In developing

22  the Florida Transportation Plan, the department shall consider

23  the following:

24         (d)  International border crossings and access to

25  ports, airports, spaceports, intermodal transportation

26  facilities, major freight distribution routes, national parks,

27  recreation and scenic areas, monuments and historic sites, and

28  military installations.

29         (w)  The spaceport master plan approved by the

30  Spaceport Florida Authority.

31

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  1         Section 16.  Paragraph (a) of subsection (2), paragraph

  2  (b) of subsection (5), paragraph (a) of subsection (6),

  3  paragraphs (a) and (c) of subsection (7), and paragraph (a) of

  4  subsection (9) of section 339.175, Florida Statutes, 1998

  5  Supplement, are amended to read:

  6         339.175  Metropolitan planning organization.--It is the

  7  intent of the Legislature to encourage and promote the

  8  development of transportation systems embracing various modes

  9  of transportation in a manner that will maximize the mobility

10  of people and goods within and through urbanized areas of this

11  state and minimize, to the maximum extent feasible, and

12  together with applicable regulatory government agencies,

13  transportation-related fuel consumption and air pollution.  To

14  accomplish these objectives, metropolitan planning

15  organizations, referred to in this section as M.P.O.'s, shall

16  develop, in cooperation with the state, transportation plans

17  and programs for metropolitan areas. Such plans and programs

18  must provide for the development of transportation facilities

19  that will function as an intermodal transportation system for

20  the metropolitan area.  The process for developing such plans

21  and programs shall be continuing, cooperative, and

22  comprehensive, to the degree appropriate, based on the

23  complexity of the transportation problems.

24         (2)  VOTING MEMBERSHIP.--

25         (a)  The voting membership of an M.P.O. shall consist

26  of not fewer than 5 or more than 19 apportioned members, the

27  exact number to be determined on an equitable

28  geographic-population ratio basis by the Governor, based on an

29  agreement among the affected units of general-purpose local

30  government as required by federal rules and regulations. The

31  Governor, in accordance with 23 U.S.C. s. 134, as amended by

                                  22

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  1  the Intermodal Surface Transportation Efficiency Act of 1991,

  2  may also provide for M.P.O. members who represent

  3  municipalities to alternate with representatives from other

  4  municipalities within the designated urban area that do not

  5  have members on the M.P.O. County commission members shall

  6  compose not less than one-third of the M.P.O. membership,

  7  except for an M.P.O. with more than 15 members located in a

  8  county with a five-member county commission or an M.P.O. with

  9  19 members located in a county with no more than 6 county

10  commissioners, in which case county commission members may

11  compose less than one-third percent of the M.P.O. membership,

12  but all county commissioners must be members. All voting

13  members shall be elected officials of general-purpose

14  governments, except that an M.P.O. may include, as part of its

15  apportioned voting members, a member of a statutorily

16  authorized planning board, or an official of an agency that

17  operates or administers a major mode of transportation, or an

18  official of the Spaceport Florida Authority.  In metropolitan

19  areas in which authorities or other agencies have been, or may

20  be, created by law to perform transportation functions that

21  are not under the jurisdiction of a general-purpose local

22  government represented on the M.P.O., they shall be provided

23  voting membership on the M.P.O.  The county commission shall

24  compose not less than 20 percent of the M.P.O. membership if

25  an official of an agency that operates or administers a major

26  mode of transportation has been appointed to an M.P.O.

27         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

28  privileges, and authority of an M.P.O. are those specified in

29  this section or incorporated in an interlocal agreement

30  authorized under s. 163.01.  Each M.P.O. shall perform all

31  acts required by federal or state laws or rules, now and

                                  23

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  1  subsequently applicable, which are necessary to qualify for

  2  federal aid. It is the intent of this section that each M.P.O.

  3  shall be involved in the planning and programming of

  4  transportation facilities, including, but not limited to,

  5  airports, intercity and high-speed rail lines, seaports, and

  6  intermodal facilities, to the extent permitted by state or

  7  federal law.

  8         (b)  In developing the long-range transportation plan

  9  and the transportation improvement program required under

10  paragraph (a), each M.P.O. must, at a minimum, consider:

11         1.  The preservation of existing transportation

12  facilities and, where practical, ways to meet transportation

13  needs by using existing facilities more efficiently;

14         2.  The consistency of transportation planning with

15  applicable federal, state, and local energy conservation

16  programs, goals, and objectives;

17         3.  The need to relieve congestion and prevent

18  congestion from occurring where it does not yet occur;

19         4.  The likely effect of transportation policy

20  decisions on land use and development and the consistency of

21  transportation plans and programs with all applicable

22  short-term and long-term land use and development plans;

23         5.  The programming of transportation enhancement

24  activities as required by federal law;

25         6.  The effect of all transportation projects to be

26  undertaken in the metropolitan area, without regard to whether

27  such projects are publicly funded;

28         7.  The provision of access to seaports, airports,

29  spaceports, intermodal transportation facilities, major

30  freight distribution routes, national and state parks,

31

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  1  recreation areas, monuments and historic sites, and military

  2  installations;

  3         8.  The need for roads within the metropolitan area to

  4  efficiently connect with roads outside the metropolitan area;

  5         9.  The transportation needs identified through the use

  6  of transportation management systems required by federal or

  7  state law;

  8         10.  The preservation of rights-of-way for construction

  9  of future transportation projects, including the

10  identification of unused rights-of-way that may be needed for

11  future transportation corridors and the identification of

12  corridors for which action is most needed to prevent

13  destruction or loss;

14         11.  Any available methods to enhance the efficient

15  movement of freight;

16         12.  The use of life-cycle costs in the design and

17  engineering of bridges, tunnels, or pavement;

18         13.  The overall social, economic, energy, and

19  environmental effects of transportation decisions;

20         14.  Any available methods to expand or enhance transit

21  services and increase the use of such services; and

22         15.  The possible allocation of capital investments to

23  increase security for transit systems.

24         (6)  LONG-RANGE PLAN.--Each M.P.O. must develop a

25  long-range transportation plan that addresses at least a

26  20-year planning horizon. The plan must include both

27  long-range and short-range strategies and must comply with all

28  other state and federal requirements. The long-range plan must

29  be consistent, to the maximum extent feasible, with future

30  land use elements and the goals, objectives, and policies of

31  the approved local government comprehensive plans of the units

                                  25

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  1  of local government located within the jurisdiction of the

  2  M.P.O. The approved long-range plan must be considered by

  3  local governments in the development of the transportation

  4  elements in local government comprehensive plans and any

  5  amendments thereto. The long-range plan must, at a minimum:

  6         (a)  Identify transportation facilities, including, but

  7  not limited to, major roadways, airports, seaports,

  8  spaceports, commuter rail systems, transit systems, and

  9  intermodal or multimodal terminals that will function as an

10  integrated metropolitan transportation system.  The long-range

11  plan must give emphasis to those transportation facilities

12  that serve national, statewide, or regional functions, and

13  must consider the goals and objectives identified in the

14  Florida Transportation Plan as provided in s. 339.155.

15

16  In the development of its long-range plan, each M.P.O. must

17  provide affected public agencies, representatives of

18  transportation agency employees, private providers of

19  transportation, other interested parties, and members of the

20  general public with a reasonable opportunity to comment on the

21  long-range plan. The long-range plan must be approved by the

22  M.P.O.

23         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

24  shall, in cooperation with the state and affected public

25  transportation operators, develop a transportation improvement

26  program for the area within the jurisdiction of the M.P.O.  In

27  the development of the transportation improvement program,

28  each M.P.O. must provide affected public transit agencies,

29  representatives of transportation agency employees, private

30  providers of transportation, other interested parties, and

31

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  1  members of the general public with a reasonable opportunity to

  2  comment on the transportation improvement program.

  3         (a)  Each M.P.O. is responsible for developing,

  4  annually, a list of project priorities and a transportation

  5  improvement program. The transportation improvement program

  6  will be used to initiate federally aided transportation

  7  facilities and improvements as well as other transportation

  8  facilities and improvements including transit, rail, aviation,

  9  aerospace, and port facilities to be funded from the State

10  Transportation Trust Fund within its metropolitan area in

11  accordance with existing and subsequent federal and state laws

12  and rules and regulations related thereto.  The transportation

13  improvement program shall be consistent, to the maximum extent

14  feasible, with the approved local government comprehensive

15  plans of the units of local government whose boundaries are

16  within the metropolitan area of the M.P.O.

17         (c)  The transportation improvement program must, at a

18  minimum:

19         1.  Include projects and project phases to be funded

20  with state or federal funds within the time period of the

21  transportation improvement program and which are recommended

22  for advancement during the next fiscal year and 4 subsequent

23  fiscal years.  Such projects and project phases must be

24  consistent, to the maximum extent feasible, with the approved

25  local government comprehensive plans of the units of local

26  government located within the jurisdiction of the M.P.O.  For

27  informational purposes, the transportation improvement program

28  shall also include a list of projects to be funded from local

29  or private revenues.

30         2.  Include projects within the metropolitan area which

31  are proposed for funding under 23 U.S.C. s. 134 of the Federal

                                  27

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  1  Transit Act and which are consistent with the long-range plan

  2  developed under subsection (6).

  3         3.  Provide a financial plan that demonstrates how the

  4  transportation improvement program can be implemented;

  5  indicates the resources, both public and private, that are

  6  reasonably expected to be available to accomplish the program;

  7  and recommends any innovative financing techniques that may be

  8  used to fund needed projects and programs.  Such techniques

  9  may include the assessment of tolls, the use of value capture

10  financing, or the use of congestion pricing.  The

11  transportation improvement program may include a project or

12  project phase only if full funding can reasonably be

13  anticipated to be available for the project or project phase

14  within the time period contemplated for completion of the

15  project or project phase.

16         4.  Group projects and project phases of similar

17  urgency and anticipated staging into appropriate staging

18  periods.

19         5.  Indicate how the transportation improvement program

20  relates to the long-range plan developed under subsection (6),

21  including providing examples of specific projects or project

22  phases that further the goals and policies of the long-range

23  plan.

24         6.  Indicate whether any project or project phase is

25  inconsistent with an approved comprehensive plan of a unit of

26  local government located within the jurisdiction of the M.P.O.

27  If a project is inconsistent with an affected comprehensive

28  plan, the M.P.O. must provide justification for including the

29  project in the transportation improvement program.

30         7.  Indicate how the improvements are consistent, to

31  the maximum extent feasible, with affected seaport, and

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  1  airport, and spaceport master plans and with public transit

  2  development plans of the units of local government located

  3  within the jurisdiction of the M.P.O.

  4         (9)  AGREEMENTS.--

  5         (a)  Each M.P.O. shall execute the following written

  6  agreements, which shall be reviewed, and updated as necessary,

  7  every 5 years:

  8         1.  An agreement with the department clearly

  9  establishing the cooperative relationship essential to

10  accomplish the transportation planning requirements of state

11  and federal law.

12         2.  An agreement with the metropolitan and regional

13  intergovernmental coordination and review agencies serving the

14  metropolitan areas, specifying the means by which activities

15  will be coordinated and how transportation planning and

16  programming will be part of the comprehensive planned

17  development of the area.

18         3.  An agreement with operators of public

19  transportation systems, including transit systems, commuter

20  rail systems, airports, and seaports, and spaceports,

21  describing the means by which activities will be coordinated

22  and specifying how public transit, commuter rail, aviation,

23  and seaport, and aerospace planning and programming will be

24  part of the comprehensive planned development of the

25  metropolitan area.

26         Section 17.  Subsection (6) of section 196.012, Florida

27  Statutes, is amended to read:

28         196.012  Definitions.--For the purpose of this chapter,

29  the following terms are defined as follows, except where the

30  context clearly indicates otherwise:

31

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  1         (6)  Governmental, municipal, or public purpose or

  2  function shall be deemed to be served or performed when the

  3  lessee under any leasehold interest created in property of the

  4  United States, the state or any of its political subdivisions,

  5  or any municipality, agency, special district, authority, or

  6  other public body corporate of the state is demonstrated to

  7  perform a function or serve a governmental purpose which could

  8  properly be performed or served by an appropriate governmental

  9  unit or which is demonstrated to perform a function or serve a

10  purpose which would otherwise be a valid subject for the

11  allocation of public funds. For purposes of the preceding

12  sentence, an activity undertaken by a lessee which is

13  permitted under the terms of its lease of real property

14  designated as an aviation area on an airport layout plan which

15  has been approved by the Federal Aviation Administration and

16  which real property is used for the administration, operation,

17  business offices and activities related specifically thereto

18  in connection with the conduct of an aircraft full service

19  fixed base operation which provides goods and services to the

20  general aviation public in the promotion of air commerce shall

21  be deemed an activity which serves a governmental, municipal,

22  or public purpose or function. Any activity undertaken by a

23  lessee which is permitted under the terms of its lease of real

24  property designated as a public airport as defined in s.

25  332.004(18)(14) by municipalities, agencies, special

26  districts, authorities, or other public bodies corporate and

27  public bodies politic of the state, a spaceport as defined in

28  s. 331.303(19) or which is located in a deepwater port

29  identified in s. 403.021(9)(b) and owned by one of the

30  foregoing governmental units, subject to a leasehold or other

31  possessory interest of a nongovernmental lessee that is deemed

                                  30

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  1  to perform an aviation, or airport, aerospace or maritime, or

  2  port purpose or operation shall be deemed an activity that

  3  serves a governmental, municipal, or public purpose. The use

  4  by a lessee, licensee, or management company of real property

  5  or a portion thereof as a convention center, visitor center,

  6  sports facility with permanent seating, concert hall, arena,

  7  stadium, park, or beach is deemed a use that serves a

  8  governmental, municipal, or public purpose or function when

  9  access to the property is open to the general public with or

10  without a charge for admission. If property deeded to a

11  municipality by the United States is subject to a requirement

12  that the Federal Government, through a schedule established by

13  the Secretary of the Interior, determine that the property is

14  being maintained for public historic preservation, park, or

15  recreational purposes and if those conditions are not met the

16  property will revert back to the Federal Government, then such

17  property shall be deemed to serve a municipal or public

18  purpose. The term "governmental purpose" also includes a

19  direct use of property on federal lands in connection with the

20  Federal Government's Space Exploration Program or the

21  Spaceport Florida Authority. Real property and tangible

22  personal property owned by the Federal Government or the

23  Spaceport Florida Authority and used for defense and space

24  exploration purposes or which is put to a use in support

25  thereof shall be deemed to perform an essential national

26  governmental purpose and shall be exempt. "Owned by the

27  lessee" as used in this chapter does not include personal

28  property, buildings, or other real property improvements used

29  for the administration, operation, business offices and

30  activities related specifically thereto in connection with the

31  conduct of an aircraft full service fixed based operation

                                  31

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  1  which provides goods and services to the general aviation

  2  public in the promotion of air commerce provided that the real

  3  property is designated as an aviation area on an airport

  4  layout plan approved by the Federal Aviation Administration.

  5  For purposes of determination of "ownership," buildings and

  6  other real property improvements which will revert to the

  7  airport authority or other governmental unit upon expiration

  8  of the term of the lease shall be deemed "owned" by the

  9  governmental unit and not the lessee. Providing two-way

10  telecommunications services to the public for hire by the use

11  of a telecommunications facility, as defined in s. 364.02(13),

12  and for which a certificate is required under chapter 364 does

13  not constitute an exempt use for purposes of s. 196.199,

14  unless the telecommunications services are provided by the

15  operator of a public-use airport, as defined in s. 332.004,

16  for the operator's provision of telecommunications services

17  for the airport or its tenants, concessionaires, or licensees,

18  or unless the telecommunications services are provided by a

19  public hospital.  However, property that is being used to

20  provide such telecommunications services on or before October

21  1, 1997, shall remain exempt, but such exemption expires

22  October 1, 2004.

23         Section 18.  Subsection (1) of section 334.27, Florida

24  Statutes, is amended to read:

25         334.27  Governmental transportation entities; property

26  acquired for transportation purposes; limitation on soil or

27  groundwater contamination liability.--

28         (1)  For the purposes of this section, the term

29  "governmental transportation entity" means the department; an

30  authority created pursuant to chapter 343, chapter 348, or

31

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  1  chapter 349; airports as defined in s. 332.004(18)(14); a port

  2  enumerated in s. 311.09(1); a county; or a municipality.

  3         Section 19.  This act shall take effect July 1, 1999.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                             SB 1254

  7

  8  This CS requires the Spaceport Florida Authority (SFA) to
    develop a spaceport master plan containing recommending
  9  appropriate sources of revenue that may be developed to
    contribute to the State Transportation Trust Fund. The
10  authority is required to submit the master plan to the
    Department of Transportation (DOT) which may be included in
11  the DOT's 5-year work program. The CS further provides that
    DOT is not authorized to expend aviation fuel tax revenues on
12  space transportation projects.

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