Florida Senate - 2009                             CS for SB 22-A
       
       
       
       By the Committee on General Government Appropriations and
       Senator Baker
       
       
       
       601-00098-09A                                          200922Ac1
    1                        A bill to be entitled                      
    2         An act relating to water resources development;
    3         amending s. 403.890, F.S.; revising the distribution
    4         of funds from the Water Protection and Sustainability
    5         Program Trust Fund; providing for future expiration of
    6         such provisions; providing for the reallocation of
    7         funds to conform to changes made by the act; providing
    8         an effective date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Subsection (3) of section 403.890, Florida
   13  Statutes, is amended, and subsection (6) is added to that
   14  section, to read:
   15         403.890 Water Protection and Sustainability Program;
   16  intent; goals; purposes.—
   17         (3) In addition to the uses allowed in subsection (1) For
   18  the 2008-2009 fiscal year only, moneys in the Water Protection
   19  and Sustainability Program Trust Fund shall be transferred to
   20  the Ecosystem Management and Restoration Trust Fund for grants
   21  and aids to local governments for water projects as provided in
   22  the General Appropriations Act. This subsection expires July 1,
   23  2009.
   24         (6) For the 2008-2009 fiscal year only, in lieu of the
   25  distributions authorized in subsection (2) for revenues
   26  transferred from the Department of Revenue pursuant to s.
   27  201.15(1)(c)2., and after the distribution authorized in
   28  subsection (3), remaining funds shall be distributed as follows:
   29         (a) Twenty-eight and seventeen hundredths percent to the
   30  Department of Environmental Protection for the implementation of
   31  an alternative water supply program as provided in s. 373.1961.
   32         (b) Twenty-four and fifty-one hundredths percent for the
   33  implementation of best-management practices and capital project
   34  expenditures necessary for the implementation of the goals of
   35  the total maximum daily load program established in s. 403.067.
   36  Of these funds, 86 percent shall be transferred to the credit of
   37  the Department of Environmental Protection Water Quality
   38  Assurance Trust Fund to address water quality impacts associated
   39  with nonagricultural nonpoint sources. Fourteen percent of these
   40  funds shall be transferred to the Department of Agriculture and
   41  Consumer Services General Inspection Trust Fund to address water
   42  quality impacts associated with agricultural nonpoint sources.
   43  These funds shall be used for research, development,
   44  demonstration, and implementation of the total maximum daily
   45  load program under s. 403.067, suitable best-management
   46  practices, or other measures used to achieve water quality
   47  standards in surface waters and water segments identified
   48  pursuant to s. 303(d) of the Clean Water Act, Pub. L. No. 92
   49  500, 33 U.S.C. ss. 1251 et seq. Implementation of best
   50  management practices and other measures may include cost-share
   51  grants, technical assistance, implementation tracking, and
   52  conservation leases or other agreements for water quality
   53  improvement. The Department of Environmental Protection and the
   54  Department of Agriculture and Consumer Services may adopt rules
   55  governing the distribution of funds for implementation of
   56  capital projects, best-management practices, and other measures.
   57  These funds may not be used to abrogate the financial
   58  responsibility of those point and nonpoint sources that have
   59  contributed to the degradation of water or land areas. Increased
   60  priority shall be given by the department and the water
   61  management district governing boards to those projects that have
   62  secured a cost-sharing agreement that allocates responsibility
   63  for the cleanup of point and nonpoint sources.
   64         (c) Forty-seven and thirty-two hundredths percent to the
   65  Department of Environmental Protection for the Disadvantaged
   66  Small Community Wastewater Grant Program as provided in s.
   67  403.1838.
   68  This subsection expires July 1, 2009.
   69         Section 2. To the extent that revenues have been
   70  distributed before March 1, 2009, for the 2008-2009 fiscal year
   71  in excess of the amounts authorized in s. 403.890(6), Florida
   72  Statutes, the Department of Environmental Protection shall
   73  reallocate funds so that the total distribution in the 2008-2009
   74  fiscal year is consistent with the distribution set forth in s.
   75  403.890(6), Florida Statutes.
   76         Section 3. This act shall take effect upon becoming a law.