Florida Senate - 2012                                    SB 1772
       
       
       
       By Senator Ring
       
       
       
       
       32-01280A-12                                          20121772__
    1                        A bill to be entitled                      
    2         An act relating to the Water Protection and
    3         Sustainability Program; amending s. 403.890, F.S.;
    4         providing for the deposit of specified revenues into
    5         the Water Protection and Sustainability Program Trust
    6         Fund; revising the funding formula for the
    7         distribution of revenues deposited into or
    8         appropriated to the trust fund; providing for such
    9         revenues to be used for specified purposes; providing
   10         for legislative review of the Water Protection and
   11         Sustainability Program and funding formula; providing
   12         for the distribution of revenues for the 2012-2013
   13         fiscal year; amending s. 201.15, F.S.; requiring
   14         revenues to be paid to the credit of the Water
   15         Protection and Sustainability Program Trust Fund in
   16         the Department of Environmental Protection; providing
   17         an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 403.890, Florida Statutes, is amended to
   22  read:
   23         403.890 Water Protection and Sustainability Program.—
   24         (1) Effective July 1, 2013, revenues transferred from the
   25  Department of Revenue pursuant to s. 201.15(1)(d)1. shall be
   26  deposited into the Water Protection and Sustainability Program
   27  Trust Fund in the Department of Environmental Protection. These
   28  revenues and any other additional revenues deposited into or
   29  appropriated to the Water Protection and Sustainability Program
   30  Trust Fund shall be distributed by the Department of
   31  Environmental Protection in the following manner:
   32         (a)(1)Sixty Sixty-five percent to the Department of
   33  Environmental Protection for the implementation of an
   34  alternative water supply program as provided in s. 373.707.
   35         (b)(2)Twenty Twenty-two and five-tenths percent for the
   36  implementation of best management practices and capital project
   37  expenditures necessary for the implementation of the goals of
   38  the total maximum daily load program established in s. 403.067.
   39  Of these funds, 85 83.33 percent shall be transferred to the
   40  credit of the Department of Environmental Protection Water
   41  Quality Assurance Trust Fund to address water quality impacts
   42  associated with nonagricultural nonpoint sources. Fifteen
   43  Sixteen and sixty-seven hundredths percent of these funds shall
   44  be transferred to the Department of Agriculture and Consumer
   45  Services General Inspection Trust Fund to address water quality
   46  impacts associated with agricultural nonpoint sources. These
   47  funds shall be used for research, development, demonstration,
   48  and implementation of the total maximum daily load program under
   49  s. 403.067, suitable best management practices, or other
   50  measures used to achieve water quality standards in surface
   51  waters and water segments identified pursuant to s. 303(d) of
   52  the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et
   53  seq. Implementation of best management practices and other
   54  measures may include cost-share grants, technical assistance,
   55  implementation tracking, and conservation leases or other
   56  agreements for water quality improvement. The Department of
   57  Environmental Protection and the Department of Agriculture and
   58  Consumer Services may adopt rules governing the distribution of
   59  funds for implementation of capital projects, best management
   60  practices, and other measures. These funds shall not be used to
   61  abrogate the financial responsibility of those point and
   62  nonpoint sources that have contributed to the degradation of
   63  water or land areas. Increased priority shall be given by the
   64  department and the water management district governing boards to
   65  those projects that have secured a cost-sharing agreement
   66  allocating responsibility for the cleanup of point and nonpoint
   67  sources.
   68         (c) Ten percent shall be disbursed for the purposes of
   69  funding projects pursuant to ss. 373.451-373.459 or surface
   70  water restoration activities in water-management-district
   71  designated priority water bodies. The Secretary of Environmental
   72  Protection shall ensure that each water management district
   73  receives the following percentage of funds annually:
   74         1. Thirty-five percent to the South Florida Water
   75  Management District.
   76         2. Twenty-five percent to the Southwest Florida Water
   77  Management District.
   78         3. Twenty-five percent to the St. Johns River Water
   79  Management District.
   80         4. Seven and one-half percent to the Suwannee River Water
   81  Management District.
   82         5. Seven and one-half percent to the Northwest Florida
   83  Water Management District.
   84         (d)(3)Ten Twelve and five-tenths percent to the Department
   85  of Environmental Protection for the Disadvantaged Small
   86  Community Wastewater Grant Program as provided in s. 403.1838.
   87         (2)(4) On June 30, 2013 2009, and every 24 months
   88  thereafter, the Department of Environmental Protection shall
   89  request the return of all unencumbered funds distributed
   90  pursuant to this section. These funds shall be deposited into
   91  the Water Protection and Sustainability Program Trust Fund and
   92  redistributed pursuant to the provisions of this section.
   93         (3) Prior to the end of the 2015 Regular Session, the
   94  Legislature must review the distribution of funds under the
   95  Water Protection and Sustainability Program to determine if
   96  revisions to the funding formula are required. At the discretion
   97  of the President of the Senate and the Speaker of the House of
   98  Representatives, the appropriate substantive committees of the
   99  Legislature may conduct an interim project to review the Water
  100  Protection and Sustainability Program and the funding formula
  101  and make written recommendations to the Legislature proposing
  102  necessary changes, if any.
  103         (4) For fiscal year 2012-2013, funds deposited or
  104  appropriated into the Water Protection and Sustainability Trust
  105  Fund shall be distributed as follows:
  106         (a) One hundred million dollars to the Department of
  107  Environmental Protection for the development and implementation
  108  of alternative water supply projects as provided in s. 373.707.
  109         (b) Funds remaining after the distribution provided for in
  110  paragraph (a) shall be distributed as follows:
  111         1. Fifty percent for the implementation of best management
  112  practices and capital project expenditures necessary for the
  113  implementation of the goals of the total maximum daily load
  114  program established in s. 403.067. Of these funds, 85 percent
  115  shall be transferred to the credit of the Department of
  116  Environmental Protection Water Quality Assurance Trust Fund to
  117  address water quality impacts associated with nonagricultural
  118  nonpoint sources. Fifteen percent of these funds shall be
  119  transferred to the Department of Agriculture and Consumer
  120  Services General Inspection Trust Fund to address water quality
  121  impacts associated with agricultural nonpoint sources. These
  122  funds shall be used for research, development, demonstration,
  123  and implementation of suitable best management practices or
  124  other measures used to achieve water quality standards in
  125  surface waters and water segments identified pursuant to s.
  126  303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
  127  1251 et seq. Implementation of best management practices and
  128  other measures may include cost-share grants, technical
  129  assistance, implementation tracking, and conservation leases or
  130  other agreements for water quality improvement. The Department
  131  of Environmental Protection and the Department of Agriculture
  132  and Consumer Services may adopt rules governing the distribution
  133  of funds for implementation of best management practices. These
  134  funds shall not be used to abrogate the financial responsibility
  135  of those point and nonpoint sources that have contributed to the
  136  degradation of water or land areas. Increased priority shall be
  137  given by the department and the water management district
  138  governing boards to those projects that have secured a cost
  139  sharing agreement allocating responsibility for the cleanup of
  140  point and nonpoint sources.
  141         2. Twenty-five percent for the purposes of funding projects
  142  pursuant to ss. 373.451-373.459 or surface water restoration
  143  activities in water-management-district-designated priority
  144  water bodies. The Secretary of Environmental Protection shall
  145  ensure that each water management district receives the
  146  following percentage of funds:
  147         a. Thirty-five percent to the South Florida Water
  148  Management District.
  149         b. Twenty-five percent to the Southwest Florida Water
  150  Management District.
  151         c. Twenty-five percent to the St. Johns River Water
  152  Management District.
  153         d. Seven and one-half percent to the Suwannee River Water
  154  Management District.
  155         e. Seven and one-half percent to the Northwest Florida
  156  Water Management District.
  157         3. Twenty-five percent to the Department of Environmental
  158  Protection for the Disadvantaged Small Community Wastewater
  159  Grant Program as provided in s. 403.1838.
  160         Section 2. Paragraph (d) of subsection (1) of section
  161  201.15, Florida Statutes, is amended to read:
  162         201.15 Distribution of taxes collected.—All taxes collected
  163  under this chapter are subject to the service charge imposed in
  164  s. 215.20(1). Prior to distribution under this section, the
  165  Department of Revenue shall deduct amounts necessary to pay the
  166  costs of the collection and enforcement of the tax levied by
  167  this chapter. Such costs and the service charge may not be
  168  levied against any portion of taxes pledged to debt service on
  169  bonds to the extent that the costs and service charge are
  170  required to pay any amounts relating to the bonds. After
  171  distributions are made pursuant to subsection (1), all of the
  172  costs of the collection and enforcement of the tax levied by
  173  this chapter and the service charge shall be available and
  174  transferred to the extent necessary to pay debt service and any
  175  other amounts payable with respect to bonds authorized before
  176  January 1, 2010, secured by revenues distributed pursuant to
  177  subsection (1). All taxes remaining after deduction of costs and
  178  the service charge shall be distributed as follows:
  179         (1) Sixty-three and thirty-one hundredths percent of the
  180  remaining taxes shall be used for the following purposes:
  181         (d) After the required payments under paragraphs (a), (b),
  182  and (c), the remainder shall be paid into the State Treasury to
  183  the credit of:
  184         1. The Water Protection and Sustainability Program Trust
  185  Fund in the Department of Environmental Protection in the amount
  186  of $100 million in each fiscal year, to be paid in quarterly
  187  installments and used as required by s. 403.890.
  188         2. The General Revenue Fund to be used and expended for the
  189  purposes for which the General Revenue Fund was created and
  190  exists by law.
  191         Section 3. This act shall take effect July 1, 2012.