Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for SB 24-A
       
       
       
       
       
       
                                Barcode 767794                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: AD/2R          .                                
             01/14/2009 10:45 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————       
       
       The Conference Committee on CS for SB 24-A recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3         
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (c) of subsection (3) and paragraph
    7  (c) of subsection (4) of section 373.4137, Florida Statutes, are
    8  amended to read:
    9         373.4137 Mitigation requirements for specified
   10  transportation projects.—
   11         (3)
   12         (c) Except for current mitigation projects in the
   13  monitoring and maintenance phase and except as allowed by
   14  paragraph (d), the water management districts may request a
   15  transfer of funds from an escrow account no sooner than 30 days
   16  prior to the date the funds are needed to pay for activities
   17  associated with development or implementation of the approved
   18  mitigation plan described in subsection (4) for the current
   19  fiscal year, including, but not limited to, design, engineering,
   20  production, and staff support. Actual conceptual plan
   21  preparation costs incurred before plan approval may be submitted
   22  to the Department of Transportation or the appropriate
   23  transportation authority each year with the plan. The conceptual
   24  plan preparation costs of each water management district will be
   25  paid from mitigation funds associated with the environmental
   26  impact inventory for the current year. The amount transferred to
   27  the escrow accounts each year by the Department of
   28  Transportation and participating transportation authorities
   29  established pursuant to chapter 348 or chapter 349 shall
   30  correspond to a cost per acre of $75,000 multiplied by the
   31  projected acres of impact identified in the environmental impact
   32  inventory described in subsection (2). However, the $75,000 cost
   33  per acre does not constitute an admission against interest by
   34  the state or its subdivisions nor is the cost admissible as
   35  evidence of full compensation for any property acquired by
   36  eminent domain or through inverse condemnation. Each July 1, the
   37  cost per acre shall be adjusted by the percentage change in the
   38  average of the Consumer Price Index issued by the United States
   39  Department of Labor for the most recent 12-month period ending
   40  September 30, compared to the base year average, which is the
   41  average for the 12-month period ending September 30, 1996. Each
   42  quarter, the projected acreage of impact shall be reconciled
   43  with the acreage of impact of projects as permitted, including
   44  permit modifications, pursuant to this part and s. 404 of the
   45  Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
   46  of funds shall be adjusted accordingly to reflect the acreage of
   47  impacts as permitted. The Department of Transportation and
   48  participating transportation authorities established pursuant to
   49  chapter 348 or chapter 349 are authorized to transfer such funds
   50  from the escrow accounts to the water management districts to
   51  carry out the mitigation programs. For a mitigation project that
   52  is in the maintenance and monitoring phase, the water management
   53  district may request and receive a one-time payment based on the
   54  project's expected future maintenance and monitoring costs. Upon
   55  disbursement of the final maintenance and monitoring payment,
   56  the escrow account for the project established by the Department
   57  of Transportation or the participating transportation authority
   58  may be closed. Any interest earned on these disbursed funds
   59  shall remain with the water management district and must be used
   60  as authorized under this section paragraph (4)(c).
   61         (4) Prior to March 1 of each year, each water management
   62  district, in consultation with the Department of Environmental
   63  Protection, the United States Army Corps of Engineers, the
   64  Department of Transportation, transportation authorities
   65  established pursuant to chapter 348 or chapter 349, and other
   66  appropriate federal, state, and local governments, and other
   67  interested parties, including entities operating mitigation
   68  banks, shall develop a plan for the primary purpose of complying
   69  with the mitigation requirements adopted pursuant to this part
   70  and 33 U.S.C. s. 1344. In developing such plans, the districts
   71  shall utilize sound ecosystem management practices to address
   72  significant water resource needs and shall focus on activities
   73  of the Department of Environmental Protection and the water
   74  management districts, such as surface water improvement and
   75  management (SWIM) projects and lands identified for potential
   76  acquisition for preservation, restoration or enhancement, and
   77  the control of invasive and exotic plants in wetlands and other
   78  surface waters, to the extent that such activities comply with
   79  the mitigation requirements adopted under this part and 33
   80  U.S.C. s. 1344. In determining the activities to be included in
   81  such plans, the districts shall also consider the purchase of
   82  credits from public or private mitigation banks permitted under
   83  s. 373.4136 and associated federal authorization and shall
   84  include such purchase as a part of the mitigation plan when such
   85  purchase would offset the impact of the transportation project,
   86  provide equal benefits to the water resources than other
   87  mitigation options being considered, and provide the most cost
   88  effective mitigation option. The mitigation plan shall be
   89  submitted to the water management district governing board, or
   90  its designee, for review and approval. At least 14 days prior to
   91  approval, the water management district shall provide a copy of
   92  the draft mitigation plan to any person who has requested a
   93  copy.
   94         (c)Surface water improvement and management or invasive
   95  plant control projects undertaken using the $12 million advance
   96  transferred from the Department of Transportation to the
   97  Department of Environmental Protection in fiscal year 1996-1997
   98  which meet the requirements for mitigation under this part and
   99  33 U.S.C. s. 1344 shall remain available for mitigation until
  100  the $12 million is fully credited. When these projects are used
  101  as mitigation, the $12 million advance shall be reduced by
  102  $75,000 per acre of impact mitigated. To the extent the cost of
  103  developing and implementing the mitigation plans is less than
  104  the funds placed in the escrow account pursuant to subsection
  105  (3), the difference shall be retained by the Department of
  106  Transportation and credited towards the $12 million advance
  107  until the Department of Transportation is fully refunded for
  108  this advance funding. After the $12 million advance funding is
  109  fully credited, any funds not directed to implement the
  110  mitigation plan should, to the greatest extent possible, be
  111  directed to fund invasive plant control within wetlands and
  112  other surface waters, SWIM projects, or other water resource
  113  projects approved by the governing board of the water management
  114  district which may be appropriate to offset environmental
  115  impacts of future transportation projects. The water management
  116  districts may request these funds upon submittal of the final
  117  invoice for each road project.
  118         Section 2. This act shall take effect upon becoming a law.
  119         
  120  ================= T I T L E  A M E N D M E N T ================
  121         And the title is amended as follows:
  122         Delete everything before the enacting clause
  123  and insert:
  124                        A bill to be entitled                      
  125  An act relating to mitigation funding for transportation
  126  projects; amending s. 373.4137, F.S.; deleting provisions
  127  directing that certain funds of the Department of Transportation
  128  be used for invasive plant control, SWIM projects, or other
  129  water resource projects; providing an effective date.