Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 486
Barcode 540094
CHAMBER ACTION
Senate House
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11 The Committee on General Government Appropriations (Lawson)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 9, line 21, through page 11, line 4, delete
16 those lines
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18 and insert:
19 Section 3. Subsection (19) is added to section
20 373.414, Florida Statutes, to read:
21 373.414 Additional criteria for activities in surface
22 waters and wetlands.--
23 (19)(a) Financial responsibility for wetlands
24 mitigation required by a permit issued pursuant to part IV for
25 activities associated with the extraction of phosphate are
26 subject to approval by the department as part of permit
27 application review. Financial responsibility for permitted
28 activities which will occur over a period of three years or
29 less of mining operations must be provided to the department
30 prior to the commencement of mining operations and shall be in
31 an amount equal to 110 percent of the estimated mitigation
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 486
Barcode 540094
1 costs for wetlands affected under the permit. For permitted
2 activities which will occur over a period of more than three
3 years of mining operations, the initial financial
4 responsibility demonstration shall be in an amount equal to
5 110 percent of the estimated mitigation costs for wetlands
6 affected in the first three years of operation under the
7 permit; each year thereafter the financial responsibility
8 demonstration shall be updated, including to provide an amount
9 equal to 110 percent of the estimated mitigation costs for the
10 next year of operations under the permit for which financial
11 responsibility has not already been demonstrated and to
12 release portions of the financial responsibility mechanisms in
13 accordance with applicable rules.
14 (b) The mechanisms for providing financial
15 responsibility pursuant to the permit shall, at the discretion
16 of the applicant, include the following:
17 1. Cash or cash equivalent deposited in an escrow
18 account.
19 2. Irrevocable letter of credit.
20 3. Performance bond.
21 4. Trust fund agreement.
22 5. Guarantee bond.
23 6. Insurance certificate.
24 7. A demonstration that the applicant meets the
25 financial test and corporate guarantee requirements set forth
26 in 40 C.F.R. s. 264.143(f).
27 8. A demonstration that the applicant meets the self
28 bonding provision set forth in 30 C.F.R. s. 800.23. The form
29 and content of all financial responsibility mechanisms shall
30 be approved by the department. When using an irrevocable
31 letter of credit, performance bond, or guarantee bond, all
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 486
Barcode 540094
1 payments made thereunder shall be deposited into a stand-by
2 trust fund established contemporaneously with the posting of
3 the financial assurance instrument. All trust fund agreements
4 and standby trust fund agreements shall provide that
5 distributions therefrom will be made only at the request of
6 the department and that the trustees of such funds shall be
7 either a national banking institution or a state regulated
8 trust company.
9 (c) The provisions of this subsection shall not apply
10 to any wetlands mitigation that is required pursuant to a
11 permit or permits initially issued by the department or
12 district prior to January 1, 2005.
13 (d) Nothing provided herein supersedes or modifies the
14 financial responsibility requirements of s. 378.209.
15 Section 4. Subsection (4) of section 10 of chapter
16 2003-423, Laws of Florida, is amended to read:
17 Section 10. (1) The Department of Environmental
18 Protection, in consultation with the Southwest Florida Water
19 Management District, shall study cumulative impacts of changes
20 in landform and hydrology in the Peace River Basin. The study
21 shall evaluate cumulative impacts of activities conducted in
22 the Peace River Basin prior to state regulation, or pursuant
23 to an exemption, a permit, or a reclamation plan, on water
24 resources of the basin, including surface waters,
25 groundwaters, fisheries, aquatic and estuarine habitat, and
26 water supplies. The study must also include an evaluation of
27 the effectiveness of existing regulatory programs in avoiding,
28 minimizing, mitigating, or compensating for cumulative impacts
29 or water resources of the basin. In addition, the study shall
30 evaluate the environmental benefits, legal issues, and
31 economic impacts of limiting activities, including mining
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 486
Barcode 540094
1 activities, on waters and environmentally sensitive areas
2 around waterbodies by establishing a buffer within the
3 100-year floodplain of major perennial streams within the
4 Peace River Basin, including the Peace River, Horse Creek, and
5 the Myakka River. The study shall also recommend ways in which
6 any buffer areas recommended as prohibited areas can be
7 considered as mitigation under applicable permitting programs.
8 (2) Upon completion of the study, the department shall
9 prepare and adopt a resource management plan for the Peace
10 River Basin to minimize any identified existing and future
11 adverse cumulative impacts to water resources of the basin,
12 including surface waters, groundwaters, wetlands, fisheries,
13 aquatic and estuarine habitat, and water supplies. The plan
14 must identify regulatory and nonregulatory actions necessary
15 to minimize existing and future adverse cumulative impacts
16 identified in the study and, where appropriate, must also
17 recommend statutory changes to improve regulatory programs to
18 minimize identified cumulative impacts to water resources of
19 the basin.
20 (3) Rulemaking authority is granted to the Department
21 of Environmental Protection and the Southwest Florida Water
22 Management District to implement the regulatory
23 recommendations identified in the study or the resource
24 management plan.
25 (4) The resource management plan shall be submitted to
26 the Governor, the President of the Senate, and the Speaker of
27 the House of Representatives no later than January 31, 2007
28 July 1, 2005.
29 (5) The department may use up to $750,000 from the
30 Nonmandatory Land Reclamation Trust Fund to prepare the study
31 and plan required in this section.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 486
Barcode 540094
1 (6) The department may establish a technical advisory
2 committee to assist the department in developing a plan of
3 study, reviewing interim findings, and reviewing final
4 recommendations. The technical advisory committee may include
5 representatives from the following interests in the Peace
6 River Basin: industrial, mining, agriculture, development,
7 environmental, fishing, regional water supply, regional
8 planning council, and local government.
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10 (Redesignate subsequent sections.)
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13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 On page 1, line 13, after the semicolon
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17 insert:
18 extending the due date of the Peace River Basin
19 study;
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