HB 1681

1
A bill to be entitled
2An act relating to the Department of Transportation;
3amending s. 332.007, F.S.; authorizing the department to
4fund certain eligible aviation planning projects to be
5performed by not-for-profit organizations representing a
6majority of public airports; amending s. 337.11, F.S.;
7providing for department contracts to use written work
8orders pursuant to certain contingency items or
9supplemental agreements; removing requirement for surety
10approval of supplemental agreements; limiting liability of
11the surety when unapproved contract changes exceed a
12certain amount; providing purposes for the use of written
13work orders; revising criteria for use of supplemental
14agreements in department contracts; creating s. 337.195,
15F.S.; limiting liability under certain circumstances of a
16contractor who constructs or repairs a highway, road,
17street, or bridge for the department; amending s. 337.251,
18F.S.; authorizing the department to adopt rules governing
19the leasing of property for joint public-private
20development; amending s. 339.55, F.S.; establishing a
21limit on state-funded infrastructure bank loans to the
22State Transportation Trust Fund; amending s. 339.61, F.S.;
23revising legislative intent for transportation facilities
24comprising the Strategic Intermodal System; adding
25economic development and job growth as criteria for
26projects; amending s. 339.62, F.S.; adding planned
27facilities meeting certain criteria and thresholds to
28components of the Strategic Intermodal System; amending s.
29339.64, F.S.; directing the Florida Transportation
30Commission to include as part of its annual work program
31review an assessment of the department's progress on the
32Strategic Intermodal System; requiring an annual report;
33directing the department to coordinate with federal,
34regional, and local entities for transportation planning
35impacting military installations; requiring the Strategic
36Intermodal System Plan to include an assessment of the
37impacts of proposed projects on military installations;
38adding a military representative to the Governor's
39appointees to the Statewide Intermodal Transportation
40Advisory Council; amending s. 373.4137, F.S.; revising
41requirements for projects intended to mitigate the adverse
42effects of transportation projects; removing the
43Department of Environmental Protection from the mitigation
44process; revising requirements for the Department of
45Transportation and transportation authorities with respect
46to submitting plans and inventories; authorizing the use
47of current-year funds for future projects; revising the
48requirements for reconciling escrow accounts used to fund
49mitigation projects; authorizing payments to a water
50management district to fund the costs of future
51maintenance and monitoring; requiring specified lump-sum
52payments to be used for the mitigation costs of certain
53projects; authorizing a governing board of a water
54management district to approve the use of mitigation funds
55for certain future projects; requiring that mitigation
56plans be approved by the water management district rather
57than the Department of Environmental Protection; providing
58an effective date.
59
60Be It Enacted by the Legislature of the State of Florida:
61
62     Section 1.  Subsection (10) is added to section 332.007,
63Florida Statutes, to read:
64     332.007  Administration and financing of aviation and
65airport programs and projects; state plan.--
66     (10)  The department may also fund eligible projects
67performed by not-for-profit organizations that represent a
68majority of public airports in the state. Eligible projects may
69include activities associated with aviation master planning,
70professional education, safety and security planning, enhancing
71economic development and efficiency at the state's airports, or
72other planning efforts to improve the viability of the state's
73airports.
74     Section 2.  Paragraphs (a) and (b) of subsection (8) of
75section 337.11, Florida Statutes, are amended to read:
76     337.11  Contracting authority of department; bids;
77emergency repairs, supplemental agreements, written work orders,
78and change orders; combined design and construction contracts;
79progress payments; records; requirements of vehicle
80registration.--
81     (8)(a)  The department shall permit the use of written
82supplemental agreements, written work orders pursuant to a
83contingency pay item or contingency supplemental agreement, and
84written change orders to any contract entered into by the
85department. Any supplemental agreement shall be reduced to
86written contract form, approved by the contractor's surety, and
87executed by the contractor and the department. Any supplemental
88agreement modifying any item in the original contract must be
89approved by the head of the department, or his or her designee,
90and executed by the appropriate person designated by him or her.
91Any surety issuing a bond pursuant to s. 337.18 shall be fully
92liable under such surety bond to the full extent of any modified
93contract amount up to and including 25 percent over the original
94contract amount, and without regard to the fact that the surety
95was not aware of or approved such modifications. However, if
96modifications of the original contract amount cumulatively
97result in modifications of the contract amount in excess of 25
98percent of the original contract amount, the surety's approval
99shall be required to bind the surety under the bond on that
100portion in excess of 25 percent of the original contract amount.
101     (b)  Supplemental agreements and written work orders
102pursuant to a contingency pay item or contingency supplemental
103agreement shall be used to clarify the plans and specifications
104of a contract; to provide for major quantity differences which
105result in the contractor's work effort exceeding the original
106contract amount by more than 5 percent; to provide for
107unforeseen work, grade changes, or alterations in plans which
108could not reasonably have been contemplated or foreseen in the
109original plans and specifications; to change the limits of
110construction to meet field conditions; to provide a safe and
111functional connection to an existing pavement; to settle
112contract claims; and to make the project functionally
113operational in accordance with the intent of the original
114contract. Supplemental agreements may be used to expand the
115physical limits of a project only to the extent necessary to
116make the project functionally operational in accordance with the
117intent of the original contract. The cost of any such agreement
118extending the physical limits of a project shall not exceed
119$100,000 or 10 percent of the original contract price, whichever
120is greater.
121     Section 3.  Section 337.195, Florida Statutes, is created
122to read:
123     337.195  Contractor liability.--A contractor who constructs
124or repairs a highway, road, street, or bridge for the department
125is not liable to a claimant for personal injury, property
126damage, or death arising from the performance of the
127construction or repair if, at the time of the personal injury,
128property damage, or death, the contractor is in compliance with
129contract documents material to the condition or defect that was
130the proximate cause of the personal injury, property damage, or
131death.
132     Section 4.  Subsection (10) is added to section 337.251,
133Florida Statutes, to read:
134     337.251  Lease of property for joint public-private
135development and areas above or below department property.--
136     (10)  The department may adopt rules to administer the
137provisions of this section.
138     Section 5.  Subsection (2) of section 339.55, Florida
139Statutes, is amended to read:
140     339.55  State-funded infrastructure bank.--
141     (2)  The bank may lend capital costs or provide credit
142enhancements for a transportation facility project that is on
143the State Highway System or that provides for increased mobility
144on the state's transportation system or provides intermodal
145connectivity with airports, seaports, rail facilities, and other
146transportation terminals, pursuant to s. 341.053, for the
147movement of people and goods. Loans from the bank may be
148subordinated to senior project debt that has an investment grade
149rating of "BBB" or higher. Notwithstanding any other provision
150of law, the total outstanding state-funded infrastructure bank
151loan repayments over the average term of the loan repayment
152period, as needed to meet the requirements of the documents
153authorizing the bonds issued or proposed to be issued under s.
154215.617 to be paid from the State Transportation Trust Fund, may
155not exceed 0.75 percent of the revenues deposited into the State
156Transportation Trust Fund.
157     Section 6.  Section 339.61, Florida Statutes, is amended to
158read:
159     339.61  Florida Strategic Intermodal System; legislative
160findings, declaration, and intent.--
161     (1)  There is hereby created the Florida Strategic
162Intermodal System. For purposes of funding projects under the
163system, the department shall allocate from the State
164Transportation Trust Fund in its program and resource plan a
165minimum of $60 million each year, beginning in the 2004-2005
166fiscal year. This allocation of funds is in addition to any
167funding provided to this system by any other provision of law.
168     (2)  The Legislature finds that increasing demands are
169continuing to be placed on the state's transportation system by
170a fast-growing economy, continued population growth, and
171projected increases in freight movement, international trade,
172and tourism. The Legislature also finds that the state's growing
173regional and intercity economic centers will increase the demand
174for interregional and intercity travel and that the evolving
175service-based and information-based industries will change the
176type of transportation system that business and industry demand,
177increasing the importance of speed and reliability. The
178Legislature further finds that our transportation system must be
179designed and operated in such a way that it preserves the
180abundance of natural and manmade amenities that have been so
181successful in attracting new residents, businesses, and tourists
182to this state. Therefore, the Legislature declares that the
183designation of a strategic intermodal system, composed of
184facilities and services of statewide and interregional
185significance, will efficiently serve the mobility needs of
186Florida's citizens, businesses, and visitors and will help
187Florida become a worldwide economic leader, enhance economic
188prosperity and competitiveness, enrich quality of life, and
189reflect responsible environmental stewardship. To that end, it
190is the intent of the Legislature that the Strategic Intermodal
191System consist of transportation facilities that meet a
192strategic and essential state interest and help generate
193economic development and job growth and that limited resources
194available for the implementation of statewide and interregional
195transportation priorities be focused on that system.
196     Section 7.  Subsection (7) is added to section 339.62,
197Florida Statutes, to read:
198     339.62  System components.--The Strategic Intermodal System
199shall consist of appropriate components of:
200     (7)  Planned facilities, defined as transportation
201infrastructure that is projected to meet all applicable criteria
202and thresholds within the first 3 years of operation, has the
203consensus support of transportation partners to implement the
204project, and is financially feasible as demonstrated by
205inclusion in the department's work program or some other
206appropriate plan.
207     Section 8.  Subsections (2), (3), and (4) and paragraph (b)
208of subsection (5) of section 339.64, Florida Statutes, are
209amended to read:
210     339.64  Strategic Intermodal System Plan.--
211     (2)  In association with the continued development of the
212initial Strategic Intermodal System Plan and other
213transportation plans, the Florida Transportation Commission as
214part of its work program review process shall conduct an annual
215assessment of the progress the department and its transportation
216partners have made in realizing the goals of economic
217development, improved mobility, and increased intermodal
218connectivity need for an improved philosophical approach to
219regional and intermodal input in the planning for and governing
220of the Strategic Intermodal System and other transportation
221systems. The Florida Transportation Commission shall coordinate
222with the department, the Statewide Intermodal Transportation
223Advisory Council, and other appropriate entities when developing
224this assessment. The Florida Transportation Commission shall
225deliver a report to the Governor and Legislature no later than
22614 days after the regular session of the Legislature begins by
227December 15, 2003, with recommendations as necessary to fully
228implement the Strategic Intermodal System.
229     (3)(a)  During the development of updates to the Strategic
230Intermodal System Plan and the development of all subsequent
231updates, the department shall provide metropolitan planning
232organizations, regional planning councils, local governments,
233transportation providers, affected public agencies, and citizens
234with an opportunity to participate in and comment on the
235development of the proposed plan or update.
236     (b)  The department also shall coordinate with federal,
237regional, and local partners the planning for the Strategic
238Highway Network and the Strategic Rail Corridor Network
239transportation facilities that either are included in the
240Strategic Intermodal System or provide a direct connection
241between military installations and the Strategic Intermodal
242System. In addition, the department shall coordinate with
243regional and local partners to determine whether the road and
244other transportation infrastructure that connect military
245installations to the Strategic Intermodal System, the Strategic
246Highway Network, or the Strategic Rail Corridor are regionally
247significant and should be included in the Strategic Intermodal
248System Plan.
249     (4)  The Strategic Intermodal System Plan shall include the
250following:
251     (a)  A needs assessment.
252     (b)  A project prioritization process.
253     (c)  A map of facilities designated as Strategic Intermodal
254System facilities, and facilities that are emerging in
255importance that are likely to become part of the system in the
256future, and planned facilities that will meet the established
257criteria.
258     (d)  A finance plan based on reasonable projections of
259anticipated revenues, including both 10-year and 20-year cost-
260feasible components.
261     (e)  An assessment of the impacts of proposed improvements
262to Strategic Intermodal System corridors on military
263installations that are either located directly on the Strategic
264Intermodal System or located on the Strategic Highway Network or
265Strategic Rail Corridor Network.
266     (5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY
267COUNCIL.--
268     (b)  MEMBERSHIP.--Members of the Statewide Intermodal
269Transportation Advisory Council shall consist of the following:
270     1.  Six Five intermodal industry representatives selected
271by the Governor as follows:
272     a.  One representative from an airport involved in the
273movement of freight and people from their airport facility to
274another transportation mode.
275     b.  One individual representing a fixed-route, local-
276government transit system.
277     c.  One representative from an intercity bus company
278providing regularly scheduled bus travel as determined by
279federal regulations.
280     d.  One representative from a spaceport.
281     e.  One representative from intermodal trucking companies.
282     f.  One representative with command responsibilities of a
283major military installation.
284     2.  Three intermodal industry representatives selected by
285the President of the Senate as follows:
286     a.  One representative from major-line railroads.
287     b.  One representative from seaports listed in s. 311.09(1)
288from the Atlantic Coast.
289     c.  One representative from an airport involved in the
290movement of freight and people from their airport facility to
291another transportation mode.
292     3.  Three intermodal industry representatives selected by
293the Speaker of the House of Representatives as follows:
294     a.  One representative from short-line railroads.
295     b.  One representative from seaports listed in s. 311.09(1)
296from the Gulf Coast.
297     c.  One representative from intermodal trucking companies.
298In no event may this representative be employed by the same
299company that employs the intermodal trucking company
300representative selected by the Governor.
301     Section 9.  Section 373.4137, Florida Statutes, is amended
302to read:
303     373.4137  Mitigation requirements for specified
304transportation projects.--
305     (1)  The Legislature finds that environmental mitigation
306for the impact of transportation projects proposed by the
307Department of Transportation or a transportation authority
308established pursuant to chapter 348 or chapter 349 can be more
309effectively achieved by regional, long-range mitigation planning
310rather than on a project-by-project basis. It is the intent of
311the Legislature that mitigation to offset the adverse effects of
312these transportation projects be funded by the Department of
313Transportation and be carried out by the Department of
314Environmental Protection and the water management districts,
315including the use of mitigation banks established pursuant to
316this part.
317     (2)  Environmental impact inventories for transportation
318projects proposed by the Department of Transportation or a
319transportation authority established pursuant to chapter 348 or
320chapter 349 shall be developed as follows:
321     (a)  By July May 1 of each year, the Department of
322Transportation or a transportation authority established
323pursuant to chapter 348 or chapter 349 shall submit to the
324Department of Environmental Protection and the water management
325districts a copy of its adopted work program and an
326environmental impact inventory of habitats addressed in the
327rules adopted tentatively, pursuant to this part and s. 404 of
328the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted by
329its plan of construction for transportation projects in the next
3303 years of the tentative work program. The Department of
331Transportation or a transportation authority established
332pursuant to chapter 348 or chapter 349 may also include in its
333environmental impact inventory the habitat impacts of any future
334transportation project identified in the tentative work program.
335The Department of Transportation and each transportation
336authority established pursuant to chapter 348 or chapter 349 may
337fund any mitigation activities for future projects using
338current-year funds.
339     (b)  The environmental impact inventory shall include a
340description of these habitat impacts, including their location,
341acreage, and type; state water quality classification of
342impacted wetlands and other surface waters; any other state or
343regional designations for these habitats; and a survey of
344threatened species, endangered species, and species of special
345concern affected by the proposed project.
346     (3)(a)  To fund development and implementation of the
347mitigation plan for the projected impacts identified in the
348environmental impact inventory described in subsection (2), the
349Department of Transportation shall identify funds quarterly in
350an escrow account within the State Transportation Trust Fund for
351the environmental mitigation phase of projects budgeted by the
352Department of Transportation for the current fiscal year. The
353escrow account shall be maintained by the Department of
354Transportation for the benefit of the Department of
355Environmental Protection and the water management districts. Any
356interest earnings from the escrow account shall remain with the
357Department of Transportation.
358     (b)  Each transportation authority established pursuant to
359chapter 348 or chapter 349 that chooses to participate in this
360program shall create an escrow account within its financial
361structure and deposit funds in the account to pay for the
362environmental mitigation phase of projects budgeted for the
363current fiscal year. The escrow account shall be maintained by
364the authority for the benefit of the Department of Environmental
365Protection and the water management districts. Any interest
366earnings from the escrow account shall remain with the
367authority.
368     (c)  Except for current mitigation projects in the
369monitoring and maintenance phase and except as allowed by
370paragraph (d), the Department of Environmental Protection or
371water management districts may request a transfer of funds from
372an escrow account no sooner than 30 days prior to the date the
373funds are needed to pay for activities associated with
374development or implementation of the approved mitigation plan
375described in subsection (4) for the current fiscal year,
376including, but not limited to, design, engineering, production,
377and staff support. Actual conceptual plan preparation costs
378incurred before plan approval may be submitted to the Department
379of Transportation or the appropriate transportation authority
380and the Department of Environmental Protection by November 1 of
381each year with the plan. The conceptual plan preparation costs
382of each water management district will be paid from mitigation
383funds associated with the environmental impact inventory for the
384current year based on the amount approved on the mitigation plan
385and allocated to the current fiscal year projects identified by
386the water management district. The amount transferred to the
387escrow accounts each year by the Department of Transportation
388and participating transportation authorities established
389pursuant to chapter 348 or chapter 349 shall correspond to a
390cost per acre of $75,000 multiplied by the projected acres of
391impact identified in the environmental impact inventory
392described in subsection (2). However, the $75,000 cost per acre
393does not constitute an admission against interest by the state
394or its subdivisions nor is the cost admissible as evidence of
395full compensation for any property acquired by eminent domain or
396through inverse condemnation. Each July 1, the cost per acre
397shall be adjusted by the percentage change in the average of the
398Consumer Price Index issued by the United States Department of
399Labor for the most recent 12-month period ending September 30,
400compared to the base year average, which is the average for the
40112-month period ending September 30, 1996. Each quarter At the
402end of each year, the projected acreage of impact shall be
403reconciled with the acreage of impact of projects as permitted,
404including permit modifications, pursuant to this part and s. 404
405of the Clean Water Act, 33 U.S.C. s. 1344. The subject year's
406transfer of funds shall be adjusted accordingly to reflect the
407acreage of impacts as permitted overtransfer or undertransfer of
408funds from the preceding year. The Department of Transportation
409and participating transportation authorities established
410pursuant to chapter 348 or chapter 349 are authorized to
411transfer such funds from the escrow accounts to the Department
412of Environmental Protection and the water management districts
413to carry out the mitigation programs. For a mitigation project
414that is in the maintenance and monitoring phase, the water
415management district may request and receive a one-time payment
416based on the project's expected future maintenance and
417monitoring costs. Upon disbursement of the final maintenance and
418monitoring payment, the escrow account for the project
419established by the Department of Transportation or the
420participating transportation authority may be closed. Any
421interest earned on these disbursed funds shall remain with the
422water management district and must be used as authorized under
423paragraph (4)(c).
424     (d)  Beginning in the 2005-2006 fiscal year, each water
425management district shall be paid a lump-sum amount of $75,000
426per acre, adjusted as provided under paragraph (c), for
427federally funded transportation projects that are included on
428the environmental impact inventory and that have an approved
429mitigation plan. Beginning in the 2009-2010 fiscal year, each
430water management district shall be paid a lump-sum amount of
431$75,000 per acre, adjusted as provided under paragraph (c), for
432federally funded and nonfederally funded transportation projects
433that have an approved mitigation plan. All mitigation costs,
434including, but not limited to, the costs of preparing conceptual
435plans and the costs of design, construction, staff support,
436future maintenance, and monitoring the mitigated acres, shall be
437funded through these lump-sum amounts.
438     (4)  Prior to March December 1 of each year, each water
439management district, in consultation with the Department of
440Environmental Protection, the United States Army Corps of
441Engineers, the Department of Transportation, transportation
442authorities established pursuant to chapter 348 or chapter 349,
443and other appropriate federal, state, and local governments, and
444other interested parties, including entities operating
445mitigation banks, shall develop a plan for the primary purpose
446of complying with the mitigation requirements adopted pursuant
447to this part and 33 U.S.C. s. 1344. This plan shall also address
448significant invasive plant problems within wetlands and other
449surface waters. In developing such plans, the districts shall
450utilize sound ecosystem management practices to address
451significant water resource needs and shall focus on activities
452of the Department of Environmental Protection and the water
453management districts, such as surface water improvement and
454management (SWIM) projects waterbodies and lands identified for
455potential acquisition for preservation, restoration or, and
456enhancement, and the control of invasive and exotic plants in
457wetlands and other surface waters, to the extent that such
458activities comply with the mitigation requirements adopted under
459this part and 33 U.S.C. s. 1344. In determining the activities
460to be included in such plans, the districts shall also consider
461the purchase of credits from public or private mitigation banks
462permitted under s. 373.4136 and associated federal authorization
463and shall include such purchase as a part of the mitigation plan
464when such purchase would offset the impact of the transportation
465project, provide equal benefits to the water resources than
466other mitigation options being considered, and provide the most
467cost-effective mitigation option. The mitigation plan shall be
468submitted to preliminarily approved by the water management
469district governing board or its designee and shall be submitted
470to the secretary of the Department of Environmental Protection
471for review and final approval. The preliminary approval by the
472water management district governing board does not constitute a
473decision that affects substantial interests as provided by s.
474120.569. At least 14 30 days prior to preliminary approval, the
475water management district shall provide a copy of the draft
476mitigation plan to any person who has requested a copy.
477     (a)  For each transportation project with a funding request
478for the next fiscal year, the mitigation plan must include a
479brief explanation of why a mitigation bank was or was not chosen
480as a mitigation option, including an estimation of identifiable
481costs of the mitigation bank and nonbank options to the extent
482practicable.
483     (b)  Specific projects may be excluded from the mitigation
484plan, in whole or in part, and shall not be subject to this
485section upon the agreement of the Department of Transportation,
486or a transportation authority if applicable, the Department of
487Environmental Protection, and the appropriate water management
488district that the inclusion of such projects would hamper the
489efficiency or timeliness of the mitigation planning and
490permitting process., or the Department of Environmental
491Protection and The water management district may choose to
492exclude a project, in whole or in part, if the district is are
493unable to identify mitigation that would offset the impacts of
494the project.
495     (c)  Surface water improvement and management or invasive
496plant control projects undertaken using the $12 million advance
497transferred from the Department of Transportation to the
498Department of Environmental Protection in fiscal year 1996-1997
499which meet the requirements for mitigation under this part and
50033 U.S.C. s. 1344 shall remain available for mitigation until
501the $12 million is fully credited up to and including fiscal
502year 2005-2006. When these projects are used as mitigation, the
503$12 million advance shall be reduced by $75,000 per acre of
504impact mitigated. For any fiscal year through and including
505fiscal year 2005-2006, To the extent the cost of developing and
506implementing the mitigation plans is less than the funds placed
507in the escrow account amount transferred pursuant to subsection
508(3), the difference shall be retained by the Department of
509Transportation and credited towards the $12 million advance
510until the Department of Transportation is fully refunded for
511this advance funding. After the $12 million advance funding is
512fully credited Except as provided in this paragraph, any funds
513not directed to implement the mitigation plan should, to the
514greatest extent possible, be directed to fund invasive plant
515control within wetlands and other surface waters, SWIM projects,
516or other water-resource projects approved by the governing board
517of the water management district which may be appropriate to
518offset environmental impacts of future transportation projects.
519The water management districts may request these funds upon
520submittal of the final invoice for each road project.
521     (5)  The water management district shall be responsible for
522ensuring that mitigation requirements pursuant to 33 U.S.C. s.
5231344 are met for the impacts identified in the environmental
524impact inventory described in subsection (2), by implementation
525of the approved plan described in subsection (4) to the extent
526funding is provided by the Department of Transportation, or a
527transportation authority established pursuant to chapter 348 or
528chapter 349, if applicable. During the federal permitting
529process, the water management district may deviate from the
530approved mitigation plan in order to comply with federal
531permitting requirements.
532     (6)  The mitigation plans shall be updated annually to
533reflect the most current Department of Transportation work
534program and project list of a transportation authority
535established pursuant to chapter 348 or chapter 349, if
536applicable, and may be amended throughout the year to anticipate
537schedule changes or additional projects which may arise. Each
538update and amendment of the mitigation plan shall be submitted
539to the governing board of the water management district or its
540designee secretary of the Department of Environmental Protection
541for approval. However, such approval shall not be applicable to
542a deviation as described in subsection (5).
543     (7)  Upon approval by the governing board of the water
544management district or its designee secretary of the Department
545of Environmental Protection, the mitigation plan shall be deemed
546to satisfy the mitigation requirements under this part for
547impacts specifically identified in the environmental impact
548inventory described in subsection (2) and any other mitigation
549requirements imposed by local, regional, and state agencies for
550these same impacts identified in the inventory described in
551subsection (2). The approval of the governing board of the water
552management district or its designee secretary shall authorize
553the activities proposed in the mitigation plan, and no other
554state, regional, or local permit or approval shall be necessary.
555     (8)  This section shall not be construed to eliminate the
556need for the Department of Transportation or a transportation
557authority established pursuant to chapter 348 or chapter 349 to
558comply with the requirement to implement practicable design
559modifications, including realignment of transportation projects,
560to reduce or eliminate the impacts of its transportation
561projects on wetlands and other surface waters as required by
562rules adopted pursuant to this part, or to diminish the
563authority under this part to regulate other impacts, including
564water quantity or water quality impacts, or impacts regulated
565under this part that are not identified in the environmental
566impact inventory described in subsection (2).
567     (9)  The process for environmental mitigation for the
568impact of transportation projects under this section shall be
569available to an expressway, bridge, or transportation authority
570established under chapter 348 or chapter 349. Use of this
571process may be initiated by an authority depositing the
572requisite funds into an escrow account set up by the authority
573and filing an environmental impact inventory with the
574appropriate water management district. An authority that
575initiates the environmental mitigation process established by
576this section shall comply with subsection (6) by timely
577providing the appropriate water management district and the
578Department of Environmental Protection with the requisite work
579program information. A water management district may draw down
580funds from the escrow account as provided in this section.
581     Section 10.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.