Florida Senate - 2021                   (PROPOSED BILL) SPB 2516
       
       
        
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       
       576-03123A-21                                         20212516pb
    1                        A bill to be entitled                      
    2         An act relating to water storage north of Lake
    3         Okeechobee; creating s. 373.4599, F.S.; defining
    4         terms; requiring the South Florida Water Management
    5         District to request that the United States Army Corps
    6         of Engineers seek congressional approval of a project
    7         implementation report for the Lake Okeechobee
    8         Watershed Restoration Project by a specified date;
    9         requiring the district to seek a project partnership
   10         agreement with the corps upon such approval; requiring
   11         the district, in partnership with the corps, to
   12         expedite the development and implementation of aquifer
   13         storage and recovery wells; requiring the district to
   14         perform necessary scientific investigation and
   15         monitoring with implementation of such storage and
   16         recovery; requiring the district to expedite
   17         implementation of the aquifer storage and recovery
   18         science plan developed by the district and the corps;
   19         providing an implementation schedule for project
   20         sites; requiring the district, in partnership with the
   21         corps, to pursue expeditious implementation of certain
   22         wetland restoration projects; requiring the district
   23         to submit a report to the Legislature by a specified
   24         date; providing requirements for the report; amending
   25         s. 375.041, F.S.; requiring an annual appropriation
   26         from the Land Acquisition Trust Fund for the Lake
   27         Okeechobee Watershed Restoration Project; providing a
   28         directive to the Division of Law Revision; providing
   29         an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 373.4599, Florida Statutes, is created
   34  to read:
   35         373.4599 Water storage north of Lake Okeechobee.—
   36         (1)DEFINITIONS.—As used in this section, the term:
   37         (a)“Corps” means the United States Army Corps of
   38  Engineers.
   39         (b)“District” means the South Florida Water Management
   40  District.
   41         (c)“Lake Okeechobee Watershed Restoration Project” or
   42  “LOWRP” means the recommended plan contained within the Lake
   43  Okeechobee Watershed Restoration Project Final Integrated
   44  Project Implementation Report and Environmental Impact Statement
   45  dated August 2020 or as amended by the district and corps.
   46         (2)PROJECT IMPLEMENTATION REPORT.—Upon the effective date
   47  of this act, the district shall request that the corps seek
   48  congressional approval of a project implementation report for
   49  the LOWRP before passage of the Water Resources Development Act
   50  of 2022.
   51         (3)AGREEMENTS.—Immediately following congressional
   52  approval of the LOWRP, the district shall seek to execute with
   53  the corps a project partnership agreement for the LOWRP. The
   54  project partnership agreement must be consistent with this
   55  section.
   56         (4)PROJECT IMPLEMENTATION.
   57         (a)Projects, locations, or structures.—Projects,
   58  locations, or structures referred to in this subsection shall
   59  mean those described in the Lake Okeechobee Watershed
   60  Restoration Project Final Integrated Project Implementation
   61  Report and Environmental Impact Statement dated August 2020 or
   62  as amended by the district and the corps.
   63         (b)Aquifer storage and recovery.
   64         1.Expedition of the LOWRP.—The district, in partnership
   65  with the corps, shall expedite the development and
   66  implementation of the LOWRP aquifer storage and recovery wells.
   67  Implementation of this subsection must comply with all
   68  applicable federal and state laws and rules, including the
   69  department’s underground injection control program.
   70         2.Investigation and monitoring.—The district shall perform
   71  any necessary scientific investigation and monitoring
   72  concurrently with the implementation of the LOWRP aquifer
   73  storage and recovery wells. To ensure public health and safety,
   74  technical feasibility, and achievement of environmental
   75  benefits, implementation of the LOWRP aquifer storage and
   76  recovery wells must use a phased approach that confirms
   77  feasibility and site suitability and addresses uncertainties
   78  identified in the aquifer storage and recovery science plan
   79  developed by the district and the corps.
   80         3.Aquifer storage and recovery science plan.—The district
   81  shall expedite implementation of the aquifer storage and
   82  recovery science plan developed by the district and the corps.
   83         4.LOWRP watershed aquifer storage and recovery wells.
   84         a.For the Kissimmee River Basin site with the existing
   85  Kissimmee River Aquifer Storage and Recovery Pilot Project
   86  system, the district shall, by January 30, 2022, reactivate the
   87  existing aquifer storage and recovery system on the site,
   88  including any necessary testing. By March 30, 2027, the district
   89  shall ensure that all other feasible aquifer storage and
   90  recovery wells on the site are operational.
   91         b.For all remaining feasible cluster sites in the
   92  Kissimmee River Basin and Taylor Creek/Nubbin Slough Basin, the
   93  district shall, by August 1, 2021, construct or execute
   94  contracts for any necessary exploratory and monitoring wells on
   95  each site, in addition to any other necessary evaluations, to
   96  evaluate or confirm site suitability for well clusters. By March
   97  30, 2027, the district shall ensure that all feasible aquifer
   98  storage and recovery wells on those sites with suitable
   99  locations are operational.
  100         c.For all other feasible currently or subsequently
  101  proposed LOWRP watershed aquifer storage and recovery cluster
  102  sites not colocated with the wetland attenuation feature, the
  103  district shall, by December 31, 2022, execute contracts for the
  104  construction of any necessary exploratory and monitoring wells
  105  on each site, in addition to any other necessary evaluations, to
  106  evaluate site suitability for well clusters. By March 30, 2027,
  107  the district shall ensure that all feasible aquifer storage and
  108  recovery wells on those sites with suitable locations are
  109  operational.
  110         (c)Wetland restoration.—The district, in partnership with
  111  the corps, shall pursue expeditious implementation of the
  112  Paradise Run wetland restoration project and the Kissimmee River
  113  Center wetland restoration project.
  114         (5)REPORT.By November 1, 2021, the district shall submit
  115  to the Legislature a report describing the district’s compliance
  116  with this section, including steps taken and any plans necessary
  117  for ongoing compliance. The report must include updates on
  118  congressional approval for the LOWRP project implementation
  119  report; the aquifer storage and recovery science plan; any
  120  scientific investigations; and designs, construction, and
  121  operations.
  122         Section 2. Subsection (3) of section 375.041, Florida
  123  Statutes, is amended to read:
  124         375.041 Land Acquisition Trust Fund.—
  125         (3) Funds distributed into the Land Acquisition Trust Fund
  126  pursuant to s. 201.15 shall be applied:
  127         (a) First, to pay debt service or to fund debt service
  128  reserve funds, rebate obligations, or other amounts payable with
  129  respect to Florida Forever bonds issued under s. 215.618; and
  130  pay debt service, provide reserves, and pay rebate obligations
  131  and other amounts due with respect to Everglades restoration
  132  bonds issued under s. 215.619; and
  133         (b) Of the funds remaining after the payments required
  134  under paragraph (a), but before funds may be appropriated,
  135  pledged, or dedicated for other uses:
  136         1. A minimum of the lesser of 25 percent or $200 million
  137  shall be appropriated annually for Everglades projects that
  138  implement the Comprehensive Everglades Restoration Plan as set
  139  forth in s. 373.470, including the Central Everglades Planning
  140  Project subject to Congressional authorization; the Long-Term
  141  Plan as defined in s. 373.4592(2); and the Northern Everglades
  142  and Estuaries Protection Program as set forth in s. 373.4595.
  143  From these funds, $32 million shall be distributed each fiscal
  144  year through the 2023-2024 fiscal year to the South Florida
  145  Water Management District for the Long-Term Plan as defined in
  146  s. 373.4592(2). After deducting the $32 million distributed
  147  under this subparagraph, from the funds remaining, a minimum of
  148  the lesser of 76.5 percent or $100 million shall be appropriated
  149  each fiscal year through the 2025-2026 fiscal year for the
  150  planning, design, engineering, and construction of the
  151  Comprehensive Everglades Restoration Plan as set forth in s.
  152  373.470, including the Central Everglades Planning Project, the
  153  Everglades Agricultural Area Storage Reservoir Project, the Lake
  154  Okeechobee Watershed Project, the C-43 West Basin Storage
  155  Reservoir Project, the Indian River Lagoon-South Project, the
  156  Western Everglades Restoration Project, and the Picayune Strand
  157  Restoration Project. The Department of Environmental Protection
  158  and the South Florida Water Management District shall give
  159  preference to those Everglades restoration projects that reduce
  160  harmful discharges of water from Lake Okeechobee to the St.
  161  Lucie or Caloosahatchee estuaries in a timely manner. For the
  162  purpose of performing the calculation provided in this
  163  subparagraph, the amount of debt service paid pursuant to
  164  paragraph (a) for bonds issued after July 1, 2016, for the
  165  purposes set forth under paragraph (b) shall be added to the
  166  amount remaining after the payments required under paragraph
  167  (a). The amount of the distribution calculated shall then be
  168  reduced by an amount equal to the debt service paid pursuant to
  169  paragraph (a) on bonds issued after July 1, 2016, for the
  170  purposes set forth under this subparagraph.
  171         2. A minimum of the lesser of 7.6 percent or $50 million
  172  shall be appropriated annually for spring restoration,
  173  protection, and management projects. For the purpose of
  174  performing the calculation provided in this subparagraph, the
  175  amount of debt service paid pursuant to paragraph (a) for bonds
  176  issued after July 1, 2016, for the purposes set forth under
  177  paragraph (b) shall be added to the amount remaining after the
  178  payments required under paragraph (a). The amount of the
  179  distribution calculated shall then be reduced by an amount equal
  180  to the debt service paid pursuant to paragraph (a) on bonds
  181  issued after July 1, 2016, for the purposes set forth under this
  182  subparagraph.
  183         3. The sum of $5 million shall be appropriated annually
  184  each fiscal year through the 2025-2026 fiscal year to the St.
  185  Johns River Water Management District for projects dedicated to
  186  the restoration of Lake Apopka. This distribution shall be
  187  reduced by an amount equal to the debt service paid pursuant to
  188  paragraph (a) on bonds issued after July 1, 2016, for the
  189  purposes set forth in this subparagraph.
  190         4. The sum of $64 million is appropriated and shall be
  191  transferred to the Everglades Trust Fund for the 2018-2019
  192  fiscal year, and each fiscal year thereafter, for the EAA
  193  reservoir project pursuant to s. 373.4598. Any funds remaining
  194  in any fiscal year shall be made available only for Phase II of
  195  the C-51 reservoir project or projects identified in
  196  subparagraph 1. and must be used in accordance with laws
  197  relating to such projects. Any funds made available for such
  198  purposes in a fiscal year are in addition to the amount
  199  appropriated under subparagraph 1. This distribution shall be
  200  reduced by an amount equal to the debt service paid pursuant to
  201  paragraph (a) on bonds issued after July 1, 2017, for the
  202  purposes set forth in this subparagraph.
  203         5. The sum of $50 million shall be appropriated annually to
  204  the South Florida Water Management District for the Lake
  205  Okeechobee Watershed Restoration Project in accordance with s.
  206  373.4599. This distribution must be reduced by an amount equal
  207  to the debt service paid pursuant to paragraph (a) on bonds
  208  issued after July 1, 2021, for the purposes set forth in this
  209  subparagraph.
  210         6. Notwithstanding subparagraph 3., for the 2020-2021
  211  fiscal year, funds shall be appropriated as provided in the
  212  General Appropriations Act. This subparagraph expires July 1,
  213  2021.
  214         Section 3. The Division of Law Revision is directed to
  215  replace the phrase “the effective date of this act” wherever it
  216  occurs in this act with the date this act becomes a law.
  217         Section 4. This act shall take effect upon becoming a law.