Senate Bill 1672c1

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    Florida Senate - 1999                           CS for SB 1672

    By the Committee on Natural Resources and Senator Laurent





    312-1936-99

  1                      A bill to be entitled

  2         An act relating to water resources; creating s.

  3         373.1501, F.S.; providing definitions;

  4         providing legislative findings and intent;

  5         providing for acquisition of certain lands by

  6         eminent domain; requiring land to be acquired

  7         in accordance with state condemnation law;

  8         authorizing the South Florida Water Management

  9         District to act as local sponsor of the Central

10         and Southern Florida Flood Control Project for

11         specified project features; providing for

12         oversight by the Department of Environmental

13         Protection; requiring specified compliance by

14         the South Florida Water Management District;

15         providing requirements for development of

16         project components; requiring the Department of

17         Environmental Protection and the water

18         management district to pursue implementation of

19         certain project modifications; amending s.

20         373.026, F.S.; requiring the department to

21         approve project components; providing an

22         effective date.

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

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26         Section 1.  Section 373.1501, Florida Statutes, is

27  created to read:

28         373.1501  South Florida Water Management District as

29  local sponsor.--

30         (1)  As used in ss. 373.1501 and 373.026(8), the term:

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    Florida Senate - 1999                           CS for SB 1672
    312-1936-99




  1         (a)  "C-111 Project" means the project identified in

  2  the Central and Southern Florida Flood Control Project, Real

  3  Estate Design Memorandum, Canal 111, South Dade County,

  4  Florida.

  5         (b)  "Department" means the Department of Environmental

  6  Protection.

  7         (c)  "District" means the South Florida Water

  8  Management District.

  9         (d)  "Kissimmee River Restoration Project" means the

10  project identified in the Project Cooperation Agreement

11  between the United States Department of the Army and the South

12  Florida Water Management District dated March 22, 1994.

13         (e)  "Project" means the Central and Southern Florida

14  Project.

15         (f)  "Project Component" means any structural or

16  operational change, resulting from the restudy, to the Central

17  and Southern Florida Project as it existed and was operated as

18  of January 1, 1999.

19         (g)  "Restudy" means the Comprehensive Review Study of

20  the Central and Southern Florida Project, for which federal

21  participation was authorized by the Federal Water Resources

22  Development Acts of 1992 and 1996 together with related

23  Congressional resolutions and for which participation by the

24  South Florida Water Management District is authorized by this

25  section.  The term includes all actions undertaken pursuant to

26  the aforementioned authorizations which will result in

27  recommendations for modifications or additions to the Central

28  and Southern Florida Project.

29         (h)  "Water Preserve Areas" means those areas located

30  only within Palm Beach and Broward counties that are

31  designated as Water Preserve Areas, as approved by the South

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    Florida Senate - 1999                           CS for SB 1672
    312-1936-99




  1  Florida Water Management District Governing Board on September

  2  11, 1997.

  3         (i)  "Ten Mile Creek Project" means the Ten Mile Creek

  4  Water Preserve Area identified in the Central and Southern

  5  Florida Ecosystem Critical Project Letter Report dated April

  6  13, 1998.

  7         (2)  The Legislature finds that the restudy is

  8  important for sustaining the environment, economy, and social

  9  well-being of South Florida. It is the intent of the

10  Legislature to facilitate and support the restudy through a

11  process concurrent with federal government review and

12  Congressional authorization. It is the further intent of the

13  Legislature that all project components be implemented through

14  the appropriate processes of this chapter and be consistent

15  with the balanced policies and purposes of this chapter and

16  specifically s. 373.016.

17         (3)(a)  The Legislature declares that the Kissimmee

18  River Project, the Ten Mile Creek Project, the Water Preserve

19  Areas, and the C-111 Project are in the public interest, for a

20  public purpose, and necessary for the public health and

21  welfare. The governing board of the district is empowered and

22  authorized to acquire fee title or easement by eminent domain

23  for the limited purposes of implementing the Kissimmee River

24  Project, the Ten Mile Creek Project, the Water Preserve Areas,

25  and the C-111 Project. Any acquisition of real property,

26  including by eminent domain, for those objectives constitutes

27  a public purpose for which it is in the public interest to

28  expend public funds. Notwithstanding any provision of law to

29  the contrary, such properties shall not be removed from the

30  district's plan of acquisition, and the use of state funds for

31  these properties is authorized.

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    Florida Senate - 1999                           CS for SB 1672
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  1         (b)  In the absence of willing sellers, any land

  2  necessary for implementation of a project component shall be

  3  acquired in accordance with state condemnation law.

  4         (4)  The district is authorized to act as local sponsor

  5  of the project for those project features within the district

  6  as provided in this subsection and subject to the oversight of

  7  the department as further provided in s. 373.026.  The

  8  district may:

  9         (a)  Act as local sponsor for all project features

10  previously authorized by Congress;

11         (b)  Continue data gathering, analysis, research, and

12  design of project components and further refine the

13  Comprehensive Plan of the restudy as a guide and framework for

14  identifying other project components;

15         (c)  Construct pilot projects that will assist in

16  determining the feasibility of technology included in the

17  Comprehensive Plan of the restudy; and

18         (d)  Act as local sponsor for project components.

19         (5)  In its role as local sponsor for the project, the

20  district shall comply with its responsibilities under this

21  chapter and implement project components through appropriate

22  provisions of this chapter.  In the development of project

23  components, the district shall:

24         (a)  Analyze and evaluate all needs to be met in a

25  comprehensive manner and consider all applicable water

26  resource issues, including water supply, water quality, flood

27  protection, endangered species, and other natural system and

28  habitat needs;

29         (b)  Determine with reasonable certainty that all

30  project components are feasible based upon standard

31  engineering practices and technologies and are the most

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    Florida Senate - 1999                           CS for SB 1672
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  1  efficient and cost-effective of feasible alternatives or

  2  combination of alternatives, consistent with restudy purposes,

  3  implementation of project components, and operation of the

  4  project;

  5         (c)  Determine with reasonable certainty that all

  6  project components are consistent with applicable law and

  7  regulations, and can be permitted and operated as proposed.

  8  For purposes of such determination:

  9         1.  The district shall convene a preapplication

10  conference with all state and federal agencies with applicable

11  regulatory jurisdiction;

12         2.  State agencies with applicable regulatory

13  jurisdiction shall participate in the preapplication

14  conference and provide information necessary for the

15  district's determination; and

16         3.  The district shall request that federal agencies

17  with applicable regulatory jurisdiction participate in the

18  preapplication conference and provide information necessary

19  for the district's determination;

20         (d)  Provide reasonable assurances that the quantity of

21  water available to existing legal users shall not be

22  diminished by implementation of project components so as to

23  adversely impact existing legal users, that existing levels of

24  service for flood protection will not be diminished outside

25  the geographic area of the project component, and that water

26  management practices will continue to adapt to meet the needs

27  of the restored natural environment, consistent with chapter

28  373 and federal law; and

29         (e)  Ensure that implementation of project components

30  is coordinated with existing utilities and public

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    Florida Senate - 1999                           CS for SB 1672
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  1  infrastructure and that impacts to and relocation of existing

  2  utility or public infrastructure are avoided or minimized.

  3         (5)  The department and the district shall

  4  expeditiously pursue implementation of project modifications

  5  previously authorized by Congress or the Legislature,

  6  including the Everglades Construction Project.  Project

  7  components should complement rather than replace and should

  8  not delay project modifications previously authorized.

  9         (6)  Notwithstanding any provision of this section,

10  nothing herein shall be construed to modify or supplant the

11  authority of the district or the department to prevent harm to

12  the water resources as provided in this chapter.

13         (7)  Final agency action with regard to any project

14  component subject to s. 373.026(8)(b) shall be taken by the

15  department. Actions taken by the district pursuant to s.

16  373.1501(5) shall not be considered final agency action.

17         Section 2.  Subsection (8) of section 373.026, Florida

18  Statutes, is amended to read:

19         373.026  General powers and duties of the

20  department.--The department, or its successor agency, shall be

21  responsible for the administration of this chapter at the

22  state level. However, it is the policy of the state that, to

23  the greatest extent possible, the department may enter into

24  interagency or interlocal agreements with any other state

25  agency, any water management district, or any local government

26  conducting programs related to or materially affecting the

27  water resources of the state. All such agreements shall be

28  subject to the provisions of s. 373.046. In addition to its

29  other powers and duties, the department shall, to the greatest

30  extent possible:

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    Florida Senate - 1999                           CS for SB 1672
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  1         (8)(a)  Provide such coordination, cooperation, or

  2  approval necessary to the effectuation of any plan or project

  3  of the Federal Government in connection with or concerning the

  4  waters in the state. Unless otherwise provided by state or

  5  federal law, the department shall, subject to confirmation by

  6  the Legislature, have the power to approve or disapprove such

  7  federal plans or projects on behalf of the state. If such plan

  8  or project is for a coastal inlet, the department shall first

  9  determine the impact of the plan or project on the sandy

10  beaches in the state. If the department determines that the

11  plan will have a significant adverse impact on the sandy

12  beaches, the department may not approve the plan or project

13  unless it is revised to mitigate those impacts.

14         (b)  To ensure to the greatest extent possible that

15  project components will go forward as planned, the department

16  shall collaborate with the district in the restudy.  Before

17  any project component is submitted to Congress for

18  authorization or receives an additional appropriation of state

19  funds, the department must approve, or approve with

20  amendments, each project component within 60 days following

21  formal submittal of the project component to the department.

22  Department approval shall be based upon a determination of the

23  district's compliance with s. 373.1501(5).  Once a project

24  component is approved, all requests for an additional

25  appropriation of state funds needed to implement the project

26  component shall be submitted to the department which shall be

27  included in the department's annual request to the Governor.

28         (c)  Notwithstanding paragraph (b), the use of state

29  funds for land purchases from willing sellers is authorized

30  for projects within the district's approved 5-year plan of

31  acquisition pursuant to s. 373.59.

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    Florida Senate - 1999                           CS for SB 1672
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  1         (d)  The Executive Office of the Governor, pursuant to

  2  its duties under s. 373.536(5) to approve or disapprove, in

  3  whole or in part, the budget of each water management

  4  district, shall review all proposed expenditures for project

  5  components in the district's budget.

  6         (e)(b)  The department, subject to confirmation by the

  7  Legislature, shall act on behalf of the state in the

  8  negotiation and consummation of any agreement or compact with

  9  another state or states concerning waters of the state.

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

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    Florida Senate - 1999                           CS for SB 1672
    312-1936-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1672

  3

  4  The bill now includes the following definitions:

  5  -     "C-111 Project" means the project identified in the
          Central and Southern Florida Flood Control Project, Real
  6        Estate Design Memorandum, Canal 111, South Dade County,
          Florida.
  7
    -     "Department" means the Department of Enviromental
  8        Protection.

  9  -     "District" means the South Florida Water Management
          District.
10
    -     "Kissimmee River Restoration Project" means the project
11        identified in the Project Cooperation Agreement between
          the United States Department of the Army and the South
12        Florida Water Management District, dated March 22, 1994.

13  -     "Project" means the Central and Southern Florida
          Project.
14
    -     "Project Component" means any structural or operational
15        change, resulting from the restudy, to the Central and
          Southern Florida Project as it existed and was operated
16        as of January 1, 1999.

17  -     "Restudy" means the Comprehensive Review Study of the
          Central and Southern Florida Project, for which federal
18        participation was authorized by the Federal Water
          Resources Development Acts of 1992 and 1996 together
19        with related Congressional resolutions and for which
          participation by the South Florida Water Management
20        District is authorized by this section. The term
          includes all actions undertaken pursuant to the
21        aforementioned authorizations that will result in
          recommendations for modifications or additions to the
22        Central and Southern Florida Project.

23  -     "Water Preserve Areas" means those areas located only
          within Palm Beach and Broward counties that are
24        designated as Water Preserve Areas, as approved by the
          South Florida Water Management District Governing Board
25        on September 11, 1997.

26  -     "Ten Mile Creek Project" means the Ten Mile Creek Water
          Preserve Area identified in the Central and Southern
27        Florida Ecosystem Critical Project Letter Report, dated
          April 13, 1998.
28
    The bill provides a legislative declaration that the Kissimmee
29  River Project, the Ten Mile Creek Project, the Water Preserve
    Areas, and the C-111 Project are in the public interest, for a
30  public purpose, and are necessary for the public health and
    welfare. The governing board of the SFWMD is empowered and
31  authorized to acquire fee title or easement by eminent domain
    for the limited purposes of implementing the Kissimmee River
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    Florida Senate - 1999                           CS for SB 1672
    312-1936-99




  1  Project, the Ten Mile Creek Project, the Water Preserve Areas,
    and the C-111 Project. Any acquisition of real property,
  2  including by eminent domain, for those objectives constitutes
    a public purpose for which it is in the public interest to
  3  expend public funds. Notwithstanding any provision of law to
    the contrary, such acquisition and the use of state funds for
  4  these properties is authorized.

  5  In order to determine that all project components are
    consistent with applicable law and regulations, and can be
  6  permitted and operated as proposed, the SFWMD must convene a
    preapplication conference with all state and federal agencies
  7  with applicable regulatory jurisdictions. State agencies with
    applicable regulatory jurisdiction must participate in the
  8  preapplication conference and provide information necessary
    for the district's determination, and the district must
  9  request that federal agencies with applicable regulatory
    jurisdiction participate in the preapplication conference and
10  provide information necessary for the district's
    determination.
11
    The bill provides that final agency action with regard to any
12  project component subject to s. 373.026(8)(b), F.S., shall be
    taken by the department; however, actions taken by the SFWMD
13  pursuant to s. 373.1501(5) shall not  be considered final
    agency action.
14
    The DEP is directed to collaborate with the SFWMD in the
15  Restudy and must approve, or approve with amendments, each
    project component within 60 days following formal submittal of
16  the project component to the department. Once a project
    component is approved, all requests for an additional
17  appropriation of state funds needed to implement the project
    component shall be submitted to the DEP which shall include
18  them in the DEP's annual request to the Governor.

19  The bill provides that the use of state funds for land
    purchases from willing sellers is authorized for projects
20  within the SFWMD's approved 5-year plan of acquisition
    pursuant to s. 373.59, F.S.
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    A requirement for legislative review of project components is
22  deleted.

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