House Bill 1699c1

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    Florida House of Representatives - 1999             CS/HB 1699

        By the Committee on General Government Appropriations and
    Representatives Putnam, Dockery and Alexander





  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 South Florida

18         Water Management District to pursue

19         implementation of certain project

20         modifications; providing for construction of

21         the act; requiring final agency action to be

22         taken by the department; amending s. 373.026,

23         F.S.; requiring the department to approve

24         project components; authorizing the use of

25         state funds for specified land purchases;

26         requiring the Executive Office of the Governor

27         to review proposed expenditures for project

28         components; providing an effective date.

29

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

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  1         Section 1.  Section 373.1501, Florida Statutes, is

  2  created to read:

  3         373.1501  South Florida Water Management District as

  4  local sponsor.--

  5         (1)  Definitions.--As used in this section and s.

  6  373.026(8):

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

  8  the Central and Southern Florida Flood Control Project, Real

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

10  Florida.

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

12  Protection.

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

14  Management District.

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

16  project identified in the Project Cooperation Agreement

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

18  Florida Water Management District, dated March 22, 1994.

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

20  Project.

21         (f)  "Project component" means any structural or

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

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

24  of January 1, 1999.

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

26  the Central and Southern Florida Project, for which federal

27  participation was authorized by the Federal Water Resources

28  Development Acts of 1992 and 1996, together with related

29  Congressional resolutions, and for which participation by the

30  South Florida Water Management District is authorized by this

31  section.  The term includes all actions undertaken pursuant to

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  1  the aforementioned authorizations that will result in

  2  recommendations for modifications or additions to the Central

  3  and Southern Florida Project.

  4         (h)  "Water preserve areas" means those areas located

  5  only within Palm Beach and Broward Counties that are

  6  designated as water preserve areas, as approved by the South

  7  Florida Water Management District Governing Board on September

  8  11, 1997.

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

10  Water Preserve Area identified in the Central and Southern

11  Florida Ecosystem Critical Project Letter Report, dated April

12  13, 1998.

13         (2)  The Legislature finds that the restudy is

14  important for sustaining the environment, economy, and social

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

16  Legislature to facilitate and support the restudy through a

17  process concurrent with Federal Government review and

18  Congressional authorization. It is the further intent of the

19  Legislature that all project components be implemented through

20  the appropriate processes of this chapter and be consistent

21  with the balanced policies and purposes of this chapter and

22  specifically s. 373.016.

23         (3)  The Legislature declares that the Kissimmee River

24  Restoration Project, the Ten Mile Creek Project, the water

25  preserve areas, and the C-111 Project are in the public

26  interest, for a public purpose, and are necessary for the

27  public health and welfare. The governing board of the district

28  is empowered and authorized to acquire fee title or easements

29  by eminent domain for the limited purposes of implementing the

30  Kissimmee River Restoration Project, the Ten Mile Creek

31  Project, the water preserve areas, and the C-111 Project. Any

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  1  acquisition of real property, including by eminent domain, for

  2  those objectives constitutes a public purpose for which it is

  3  in the public interest to expend public funds. Notwithstanding

  4  any provision of law to the contrary, such properties shall

  5  not be removed from the district's plan of acquisition and the

  6  use of state funds for these properties is authorized. In the

  7  absence of willing sellers, any land necessary for

  8  implementation of the projects in this subsection shall be

  9  acquired in accordance with state condemnation law.

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

11  of the project for those project features within the district

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

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

14  district may:

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

16  previously authorized by Congress;

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

18  design of project components, participate in pre-construction

19  engineering and design documents for project components, and

20  further refine the comprehensive plan of the restudy as a

21  guide and framework for identifying other project components;

22         (c)  Construct pilot projects that will assist in

23  determining the feasibility of technology included in the

24  comprehensive plan of the restudy; and

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

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

27  district shall comply with its responsibilities under this

28  chapter and implement project components through appropriate

29  provisions of this chapter.  In the development of project

30  components, the district shall:

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

  2  comprehensive manner and consider all applicable water

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

  4  protection, threatened and endangered species, and other

  5  natural system and habitat needs;

  6         (b)  Determine with reasonable certainty that all

  7  project components are feasible based upon standard

  8  engineering practices and technologies and are the most

  9  efficient and cost-effective of feasible alternatives or

10  combination of alternatives, consistent with restudy purposes,

11  implementation of project components, and operation of the

12  project;

13         (c)  Determine with reasonable certainty that all

14  project components are consistent with applicable law and

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

16  For purposes of such determination:

17         1.  The district shall convene a preapplication

18  conference with all state and federal agencies with applicable

19  regulatory jurisdiction;

20         2.  State agencies with applicable regulatory

21  jurisdiction shall participate in the preapplication

22  conference and provide information necessary for the

23  district's determination; and

24         3.  The district shall request that federal agencies

25  with applicable regulatory jurisdiction participate in the

26  preapplication conference and provide information necessary

27  for the district's determination;

28         (d)  Consistent with chapter 373 and federal law,

29  provide reasonable assurances that the quantity of water

30  available to existing legal users shall not be diminished by

31  implementation of project components so as to adversely impact

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  1  existing legal users, that existing levels of service for

  2  flood protection will not be diminished outside the geographic

  3  area of the project component, and that water management

  4  practices will continue to adapt to meet the needs of the

  5  restored natural environment; and

  6         (e)  Ensure that implementation of project components

  7  is coordinated with existing utilities and public

  8  infrastructure and that impacts to and relocation of existing

  9  utility or public infrastructure are avoided or minimized.

10         (6)  The department and the district shall

11  expeditiously pursue implementation of project modifications

12  previously authorized by Congress or the Legislature,

13  including the Everglades Construction Project.  Project

14  components should complement and should not delay project

15  modifications previously authorized.

16         (7)  Notwithstanding any provision of this section,

17  nothing herein shall be construed to modify or supplant the

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

19  the water resources as provided in this chapter.

20         (8)  Final agency action with regard to any project

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

22  department. Actions taken by the district pursuant to

23  subsection (5) shall not be considered final agency action.

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

25  Statutes, is amended to read:

26         373.026  General powers and duties of the

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

28  responsible for the administration of this chapter at the

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

30  the greatest extent possible, the department may enter into

31  interagency or interlocal agreements with any other state

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

  2  conducting programs related to or materially affecting the

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

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

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

  6  extent possible:

  7         (8)(a)  Provide such coordination, cooperation, or

  8  approval necessary to the effectuation of any plan or project

  9  of the Federal Government in connection with or concerning the

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

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

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

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

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

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

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

17  plan will have a significant adverse impact on the sandy

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

19  unless it is revised to mitigate those impacts.

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

21  project components will go forward as planned, the department

22  shall collaborate with the district in the restudy.  Before

23  any project component is submitted to Congress for

24  authorization or receives an additional appropriation of state

25  funds, the department must approve, or approve with

26  amendments, each project component within 60 days following

27  formal submittal of the project component to the department.

28  Department approval shall be based upon a determination of the

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

30  component is approved, all requests for an additional

31  appropriation of state funds needed to implement the project

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  1  component shall be submitted to the department and such

  2  requests shall be included in the department's annual request

  3  to the Governor.

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

  5  funds for land purchases from willing sellers is authorized

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

  7  acquisition pursuant to s. 373.59.

  8         (d)  The Executive office of the Governor, pursuant to

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

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

11  district, shall review all proposed expenditures for project

12  components in the district's budget.

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

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

15  negotiation and consummation of any agreement or compact with

16  another state or states concerning waters of the state.

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

18  law.

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