Florida Senate - 2009                             CS for SB 24-A
       
       
       
       By the Committee on General Government Appropriations and
       Senator Baker
       
       
       
       601-00099-09A                                          200924Ac1
    1                        A bill to be entitled                      
    2         An act relating to mitigation funding for
    3         transportation projects; amending s. 373.4137, F.S.;
    4         deleting provisions directing that certain funds of
    5         the Department of Transportation be used for invasive
    6         plant control, SWIM projects, or other water resource
    7         projects; providing an effective date.
    8         
    9  Be It Enacted by the Legislature of the State of Florida:
   10         
   11         Section 1. Paragraph (c) of subsection (3) and paragraph
   12  (c) of subsection (4) of section 373.4137, Florida Statutes, are
   13  amended to read:
   14         373.4137 Mitigation requirements for specified
   15  transportation projects.—
   16         (3)
   17         (c) Except for current mitigation projects in the
   18  monitoring and maintenance phase and except as allowed by
   19  paragraph (d), the water management districts may request a
   20  transfer of funds from an escrow account no sooner than 30 days
   21  prior to the date the funds are needed to pay for activities
   22  associated with development or implementation of the approved
   23  mitigation plan described in subsection (4) for the current
   24  fiscal year, including, but not limited to, design, engineering,
   25  production, and staff support. Actual conceptual plan
   26  preparation costs incurred before plan approval may be submitted
   27  to the Department of Transportation or the appropriate
   28  transportation authority each year with the plan. The conceptual
   29  plan preparation costs of each water management district will be
   30  paid from mitigation funds associated with the environmental
   31  impact inventory for the current year. The amount transferred to
   32  the escrow accounts each year by the Department of
   33  Transportation and participating transportation authorities
   34  established pursuant to chapter 348 or chapter 349 shall
   35  correspond to a cost per acre of $75,000 multiplied by the
   36  projected acres of impact identified in the environmental impact
   37  inventory described in subsection (2). However, the $75,000 cost
   38  per acre does not constitute an admission against interest by
   39  the state or its subdivisions nor is the cost admissible as
   40  evidence of full compensation for any property acquired by
   41  eminent domain or through inverse condemnation. Each July 1, the
   42  cost per acre shall be adjusted by the percentage change in the
   43  average of the Consumer Price Index issued by the United States
   44  Department of Labor for the most recent 12-month period ending
   45  September 30, compared to the base year average, which is the
   46  average for the 12-month period ending September 30, 1996. Each
   47  quarter, the projected acreage of impact shall be reconciled
   48  with the acreage of impact of projects as permitted, including
   49  permit modifications, pursuant to this part and s. 404 of the
   50  Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
   51  of funds shall be adjusted accordingly to reflect the acreage of
   52  impacts as permitted. The Department of Transportation and
   53  participating transportation authorities established pursuant to
   54  chapter 348 or chapter 349 are authorized to transfer such funds
   55  from the escrow accounts to the water management districts to
   56  carry out the mitigation programs. For a mitigation project that
   57  is in the maintenance and monitoring phase, the water management
   58  district may request and receive a one-time payment based on the
   59  project's expected future maintenance and monitoring costs. Upon
   60  disbursement of the final maintenance and monitoring payment,
   61  the escrow account for the project established by the Department
   62  of Transportation or the participating transportation authority
   63  may be closed. Any interest earned on these disbursed funds
   64  shall remain with the water management district and must be used
   65  as authorized under this section paragraph (4)(c).
   66         (4) Prior to March 1 of each year, each water management
   67  district, in consultation with the Department of Environmental
   68  Protection, the United States Army Corps of Engineers, the
   69  Department of Transportation, transportation authorities
   70  established pursuant to chapter 348 or chapter 349, and other
   71  appropriate federal, state, and local governments, and other
   72  interested parties, including entities operating mitigation
   73  banks, shall develop a plan for the primary purpose of complying
   74  with the mitigation requirements adopted pursuant to this part
   75  and 33 U.S.C. s. 1344. In developing such plans, the districts
   76  shall utilize sound ecosystem management practices to address
   77  significant water resource needs and shall focus on activities
   78  of the Department of Environmental Protection and the water
   79  management districts, such as surface water improvement and
   80  management (SWIM) projects and lands identified for potential
   81  acquisition for preservation, restoration or enhancement, and
   82  the control of invasive and exotic plants in wetlands and other
   83  surface waters, to the extent that such activities comply with
   84  the mitigation requirements adopted under this part and 33
   85  U.S.C. s. 1344. In determining the activities to be included in
   86  such plans, the districts shall also consider the purchase of
   87  credits from public or private mitigation banks permitted under
   88  s. 373.4136 and associated federal authorization and shall
   89  include such purchase as a part of the mitigation plan when such
   90  purchase would offset the impact of the transportation project,
   91  provide equal benefits to the water resources than other
   92  mitigation options being considered, and provide the most cost
   93  effective mitigation option. The mitigation plan shall be
   94  submitted to the water management district governing board, or
   95  its designee, for review and approval. At least 14 days prior to
   96  approval, the water management district shall provide a copy of
   97  the draft mitigation plan to any person who has requested a
   98  copy.
   99         (c)Surface water improvement and management or invasive
  100  plant control projects undertaken using the $12 million advance
  101  transferred from the Department of Transportation to the
  102  Department of Environmental Protection in fiscal year 1996-1997
  103  which meet the requirements for mitigation under this part and
  104  33 U.S.C. s. 1344 shall remain available for mitigation until
  105  the $12 million is fully credited. When these projects are used
  106  as mitigation, the $12 million advance shall be reduced by
  107  $75,000 per acre of impact mitigated. To the extent the cost of
  108  developing and implementing the mitigation plans is less than
  109  the funds placed in the escrow account pursuant to subsection
  110  (3), the difference shall be retained by the Department of
  111  Transportation and credited towards the $12 million advance
  112  until the Department of Transportation is fully refunded for
  113  this advance funding. After the $12 million advance funding is
  114  fully credited, any funds not directed to implement the
  115  mitigation plan should, to the greatest extent possible, be
  116  directed to fund invasive plant control within wetlands and
  117  other surface waters, SWIM projects, or other water resource
  118  projects approved by the governing board of the water management
  119  district which may be appropriate to offset environmental
  120  impacts of future transportation projects. The water management
  121  districts may request these funds upon submittal of the final
  122  invoice for each road project.
  123         Section 2. This act shall take effect upon becoming a law.