Florida Senate - 2024 SB 1354 By Senator Wright 8-01187-24 20241354__ 1 A bill to be entitled 2 An act relating to the Indian River Lagoon Protection 3 Program; amending s. 201.15, F.S.; revising the 4 percentages of funds to be distributed from the Land 5 Acquisition Trust Fund to various trust funds; 6 requiring that a specified amount of funds be used for 7 the Indian River Lagoon Protection Program; providing 8 criteria for the disbursement of such funds; amending 9 s. 373.469, F.S.; requiring the Department of 10 Environmental Protection, using data provided by 11 identified entities, to identify commercial or 12 residential properties that use onsite sewage 13 treatment and disposal systems located within the 14 Indian River Lagoon Protection Program; requiring the 15 department to conduct various analyses to determine 16 projects most worthy of state funding; requiring the 17 department to provide an annual report that includes a 18 prioritized list of onsite sewage treatment and 19 disposal systems eligible for state funding to the 20 Legislature and certain committee chairs within a 21 specified timeframe; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Paragraphs (g) and (h) of subsection (4) of 26 section 201.15, Florida Statutes, are amended to read: 27 201.15 Distribution of taxes collected.—All taxes collected 28 under this chapter are hereby pledged and shall be first made 29 available to make payments when due on bonds issued pursuant to 30 s. 215.618 or s. 215.619, or any other bonds authorized to be 31 issued on a parity basis with such bonds. Such pledge and 32 availability for the payment of these bonds shall have priority 33 over any requirement for the costs of collection and enforcement 34 under this section. Before distribution pursuant to this 35 section, the Department of Revenue shall deduct amounts 36 necessary to pay the costs of the collection and enforcement of 37 the tax levied by this chapter. The costs may not be levied 38 against any portion of taxes pledged to debt service on bonds to 39 the extent that the costs are required to pay any amounts 40 relating to the bonds. All of the costs of the collection and 41 enforcement of the tax levied by this chapter shall be available 42 and transferred to the extent necessary to pay debt service and 43 any other amounts payable with respect to bonds authorized 44 before January 1, 2017, secured by revenues distributed pursuant 45 to this section. All taxes remaining after deduction of costs 46 shall be distributed as follows: 47 (4) After the required distributions to the Land 48 Acquisition Trust Fund pursuant to subsections (1) and (2), the 49 lesser of 8 percent of the remainder or $150 million in each 50 fiscal year shall be paid into the State Treasury to the credit 51 of the State Housing Trust Fund and shall be expended pursuant 52 to s. 420.50871. If 8 percent of the remainder is greater than 53 $150 million in any fiscal year, the difference between 8 54 percent of the remainder and $150 million shall be paid into the 55 State Treasury to the credit of the General Revenue Fund. The 56 remainder shall be distributed as follows: 57 (g) An amount equaling 2.8755.4175percent of the 58 remainder shall be paid into the Resilient Florida Trust Fund to 59 be used for the purposes for which the Resilient Florida Trust 60 Fund was created and exists by law. Funds may be used for 61 planning and project grants. 62 (h)1. An amount equaling 7.9595.4175percent of the 63 remainder shall be paid into the Water Protection and 64 Sustainability Program Trust Fund to be used to fund water 65 quality improvement grants as specified in s. 403.0673. 66 2. Of the proceeds paid into the Water Protection and 67 Sustainability Program Trust Fund, 40 percent or $60 million, 68 whichever is greater, shall be credited to the Department of 69 Environmental Protection to be used for the Indian River Lagoon 70 Protection Program. The funds may only be used to install and 71 connect those onsite sewage treatment and disposal systems 72 within the Indian River Lagoon Protection Program to wastewater 73 treatment facilities that have been prioritized by the 74 Department of Environmental Protection under s. 373.469(3)(e). 75 The Department of Revenue shall disburse funds to local 76 governments but may not award grants to local governments to 77 cover more than 50 percent of the total cost to install and 78 connect identified onsite sewage treatment and disposal systems 79 to wastewater treatment facilities. 80 Section 2. Paragraph (e) is added to subsection (3) of 81 section 373.469, Florida Statutes, to read: 82 373.469 Indian River Lagoon Protection Program.— 83 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian 84 River Lagoon Protection Program consists of the Banana River 85 Lagoon Basin Management Action Plan, Central Indian River Lagoon 86 Basin Management Action Plan, North Indian River Lagoon Basin 87 Management Action Plan, and Mosquito Lagoon Reasonable Assurance 88 Plan, and such plans are the components of the Indian River 89 Lagoon Protection Program which achieve phosphorous and nitrogen 90 load reductions for the Indian River Lagoon. 91 (e)1. The Indian River Lagoon Protection Wastewater 92 Connection Plan.—Using data provided by the Department of 93 Health, local governments, the St. Johns River Water Management 94 District, and the South Florida Water Management District, as 95 applicable, the Department of Environmental Protection must 96 identify all the commercial or residential properties that use 97 onsite sewage treatment and disposal systems located within the 98 regions encompassed by the Banana River Lagoon Basin Management 99 Action Plan, the Central Indian River Lagoon Basin Management 100 Action Plan, the North Indian River Lagoon Basin Management 101 Action Plan, and the Mosquito Lagoon Reasonable Assurance Plan 102 and place each of the systems into one of the following 103 categories and create maps to identify each of their locations: 104 a. Systems that directly impair a waterbody; 105 b. Systems that potentially impair a waterbody; or 106 c. Systems that do not impair a waterbody. 107 2. For each of the onsite sewage treatment and disposal 108 systems classified in subparagraph 1., the Department of 109 Environmental Protection must also determine the feasibility and 110 estimate the economic cost of connecting the system to a 111 wastewater treatment facility and place each of the systems into 112 one of the following categories: 113 a. Systems for which the economic cost to connect to a 114 wastewater treatment facility is low; 115 b. Systems for which the economic cost to connect to a 116 wastewater treatment facility is mid-tier; or 117 c. Systems for which the economic cost to connect to a 118 wastewater treatment facility is high. 119 3. Based on the results, the Department of Environmental 120 Protection must conduct a cost-benefit analysis to rank and 121 prioritize systems for which there is a high return on 122 investment in terms of providing water quality improvements to 123 the Indian River Lagoon Basin by connecting the systems to 124 wastewater treatment facilities. The highest ranking projects 125 shall be eligible for state funding. 126 4. The Department of Environmental Protection must submit 127 an annual report that includes the information in subparagraph 128 3. to the President of the Senate, the Speaker of the House of 129 Representatives, and the chairs of the appropriations committees 130 of the Legislature no later than 30 days before the first day of 131 the next regular session of the Legislature. 132 Section 3. This act shall take effect July 1, 2024.