Florida Senate - 2024                                    SB 1638
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01276A-24                                           20241638__
    1                        A bill to be entitled                      
    2         An act relating to funding for environmental resource
    3         management; creating s. 260.0145, F.S.; creating,
    4         subject to appropriation, the Local Trail Management
    5         Grant Program within the Department of Environmental
    6         Protection for a specified purpose; providing for the
    7         administration and prioritization of awards;
    8         specifying the authorized and prohibited uses of grant
    9         funds; requiring the department to submit an annual
   10         report to the Governor and the Legislature by a
   11         specified date; providing requirements for the report;
   12         creating s. 380.095, F.S.; providing legislative
   13         findings and intent; requiring the Department of
   14         Revenue to distribute, on a monthly basis, a specified
   15         percentage of the revenue share payments received
   16         under the 2021 gaming compact; providing requirements
   17         for the distributions; creating s. 403.0676, F.S.;
   18         creating the Water Quality Work Program within the
   19         Department of Environmental Protection; providing the
   20         purpose of the program; creating a water quality
   21         project revolving loan program within the department
   22         for a specified purpose; authorizing the department to
   23         provide loans to local governments for certain water
   24         projects; providing requirements for and the terms of
   25         such loans; requiring the department to develop a 5
   26         year work plan for the water quality project revolving
   27         loan program; providing for funding for the program;
   28         providing project eligibility requirements; requiring
   29         the department to contract with the Water School at
   30         Florida Gulf Coast University for specified purposes;
   31         requiring the Water School to provide certain
   32         recommendations; requiring the department to implement
   33         the loan program based upon the recommendations;
   34         requiring the department to create application
   35         procedures for the loan program; requiring the Water
   36         School, subject to appropriation, to conduct a study
   37         to identify and analyze certain impaired water bodies;
   38         providing requirements for the study; authorizing the
   39         Water School to work with the department and use
   40         specified data; amending s. 403.890, F.S.; revising
   41         the purposes for which the department must use certain
   42         revenues deposited into or appropriated to the Water
   43         Protection and Sustainability Program Trust Fund;
   44         requiring certain funds to be kept in a separate
   45         account and be used only for specified purposes;
   46         providing requirements for such funds; providing
   47         appropriations to the Institute of Food and
   48         Agricultural Sciences (IFAS) at the University of
   49         Florida and the Water School for specified purposes;
   50         requiring the IFAS and the Water School to submit
   51         reports to the Executive Office of the Governor and
   52         the Legislature by a specified date; providing an
   53         appropriation to the Water School for a specified
   54         study; providing appropriations; providing an
   55         effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Section 260.0145, Florida Statutes, is created
   60  to read:
   61         260.0145 Local Trail Management Grant Program.—
   62         (1) Subject to appropriation, the Local Trail Management
   63  Grant Program is created within the department to assist local
   64  governments with costs associated with the operation and
   65  maintenance of trails within the Florida Greenways and Trails
   66  System.
   67         (2) A local government may receive multiple grant awards
   68  per application cycle.
   69         (3) The department shall give priority to each of the
   70  following:
   71         (a)A local government that provides cost share for the
   72  costs associated with the operation and maintenance of the
   73  trails, except for trails within fiscally constrained counties
   74  or rural areas of opportunity.
   75         (b)Trails within the Florida wildlife corridor as defined
   76  in s. 259.1055.
   77         (4) A local government may only use grant funds for the
   78  operation and maintenance of trails, including, but not limited
   79  to, the purchase of equipment and capital assets; the funding of
   80  necessary repairs to ensure the safety of trail users; and other
   81  necessary maintenance, such as pressure washing, bush pruning,
   82  and clearing debris. A local government may not use grant funds
   83  for the planning, design, or construction of trails.
   84         (5) Beginning January 15, 2025, and each January 15
   85  thereafter, the department shall submit a report listing the
   86  grants awarded pursuant to this section to the Governor, the
   87  President of the Senate, and the Speaker of the House of
   88  Representatives in accordance with s. 286.001. The report must
   89  include the following information for each grant award: the
   90  grant recipient’s name, a description of the individual
   91  components of the trail, a description of the maintenance
   92  activities funded, the total management cost for the trail
   93  components, and the cost share, if any, provided by the
   94  recipient.
   95         Section 2. Section 380.095, Florida Statutes, is created to
   96  read:
   97         380.095Dedicated funding for conservation lands and clean
   98  water infrastructure.—
   99         (1)The Legislature recognizes that the conservation and
  100  preservation of the land and water resources of this state are
  101  essential to maintaining the quality of life enjoyed by
  102  Floridians and to sustaining and growing a thriving state
  103  economy, including legacy industries such as tourism and
  104  agriculture.
  105         (a) The Legislature recognizes that historic investments in
  106  land conservation continue to foster the preservation of working
  107  farmland and ranchland, allow for the strategic expansion and
  108  interconnectivity of the Florida wildlife corridor, and promote
  109  the protection of endangered native species, including the
  110  Florida panther.
  111         (b) The Legislature further recognizes that funding for the
  112  management of conservation lands ensures opportunities for
  113  expanded public access to state lands, including state parks,
  114  the Florida Greenways and Trails System, and game lands, among
  115  others, for recreation; and promotes opportunities to protect
  116  such lands from wildfire damage and the infiltration of
  117  dangerous nonnative plant and animal species, among other
  118  benefits.
  119         (c)Furthermore, the Legislature recognizes that
  120  projections for significant population growth necessitate an
  121  additional recurring revenue source for further funding and
  122  planning associated with the protection of this state’s
  123  conservation lands and clean water infrastructure.
  124         (d) Therefore, the Legislature intends to dedicate revenues
  125  from the 2021 gaming compact between the Seminole Tribe of
  126  Florida and the State of Florida to acquire and manage
  127  conservation lands and to identify and fund the prioritization
  128  of critical clean water infrastructure investments.
  129         (2) Notwithstanding s. 285.710, on a monthly basis the
  130  Department of Revenue shall distribute 96 percent of the revenue
  131  share payments received under the compact as defined in s.
  132  285.710. The funds shall be kept in a separate account within
  133  each trust fund and shall be distributed as follows:
  134         (a)Thirty-two percent to the Incidental Trust Fund within
  135  the Department of Agriculture and Consumer Services for
  136  conservation easements pursuant to s. 570.71 and land
  137  acquisitions pursuant to s. 589.07. The Department of
  138  Agriculture and Consumer Services shall give priority to land
  139  within the Florida wildlife corridor as defined in s. 259.1055.
  140         (b)Thirty-two percent to state land managers for the
  141  management of state-owned uplands and removal of invasive
  142  exotics, which must be divided as follows:
  143         1.Nine percent to the Internal Improvement Trust Fund
  144  within the Department of Environmental Protection for the
  145  purpose of implementing the Local Trail Management Grant Program
  146  created pursuant to s. 260.0145.
  147         2.Nine percent to the State Park Trust Fund within the
  148  Department of Environmental Protection for land management
  149  activities within the state park system.
  150         3.Twenty-seven percent to the Incidental Trust Fund within
  151  the Department of Agriculture and Consumer Services for land
  152  management activities.
  153         4.Fifty-five percent to the State Game Trust Fund within
  154  the Fish and Wildlife Conservation Commission for land
  155  management activities.
  156  
  157  For subparagraphs 2., 3., and 4., a land manager may not use
  158  more than 10 percent of the distribution for operation capital
  159  outlay or capital assets.
  160         (c) Thirty-two percent to the Water Protection and
  161  Sustainability Program Trust Fund within the Department of
  162  Environmental Protection to implement the Water Quality Work
  163  Program created pursuant to s. 403.0676.
  164         Section 3. Section 403.0676, Florida Statutes, is created
  165  to read:
  166         403.0676 Water Quality Work Program.—
  167         (1) WATER QUALITY WORK PROGRAM.—In light of the state’s
  168  commitment to protect this state’s water resources, and in
  169  recognition of the vast number of projects and amount of funding
  170  necessary to repair and protect this state’s water bodies, the
  171  Water Quality Work Program is created within the department. The
  172  purpose of the program is to provide a comprehensive statewide
  173  assessment of critical water quality projects and to include
  174  predictable financing options for local governments to implement
  175  such projects on a set schedule based upon a data-driven
  176  methodology for prioritization.
  177         (2) WATER QUALITY PROJECT REVOLVING LOAN PROGRAM.—In order
  178  to assist local governments with financing water quality
  179  projects, a water project revolving loan program is created
  180  within the department as part of the Water Quality Work Program.
  181         (a) The department may, subject to appropriation and in
  182  accordance with the 5-year work plan required by subsection (3),
  183  provide loans to local governments for projects to construct,
  184  upgrade, or expand facilities to provide advanced waste
  185  treatment or connect onsite sewage treatment and disposal
  186  systems to central sewer facilities.
  187         (b) The loans must be interest-free and provided through a
  188  promissory note or other form of written agreement evidencing an
  189  obligation to repay the borrowed funds to the department.
  190         (c) The term of the loan is 240 months, commencing 12
  191  months after the execution of the loan agreement.
  192         (d) The loans become due and payable in accordance with the
  193  terms of the agreement. However, loan payments may be made at
  194  any time before the loan is due without penalty, and early
  195  repayment is encouraged as other funding sources or revenues
  196  become available.
  197         (3) FIVE-YEAR WORK PLAN.—In order to assist local
  198  governments in planning, the department shall develop a 5-year
  199  work plan for the water quality project revolving loan program.
  200  The planned funding for the work plan must include funds
  201  distributed pursuant to s. 380.095 and anticipate an additional
  202  annual 5 percent increase from loan repayments. The first year
  203  of the work plan must commence July 1, 2025, and include the
  204  unexpended balance of funds from the 2024-2025 fiscal year.
  205         (a) To be eligible for the work plan a project must:
  206         1. Connect onsite sewage treatment and disposal systems to
  207  existing central sewer facilities; or
  208         2. Construct, upgrade, or expand domestic wastewater
  209  treatment facilities.
  210         (b) The department shall contract with the Water School at
  211  Florida Gulf Coast University to develop parameters for project
  212  criteria and for setting priorities for the work plan.
  213         (c) The Water School shall recommend whether the scope of
  214  eligible projects should be expanded and shall provide
  215  prioritization criteria based upon an analysis of this state’s
  216  water resources. The prioritization criteria must:
  217         1. Provide a data-driven framework for scoring projects,
  218  with consideration given for economic as well as environmental
  219  factors, including a consideration of the return on investment;
  220  and
  221         2. Promote efficiency through cross-jurisdictional
  222  planning, such as planning for the construction of wastewater
  223  transmission infrastructure concurrently with transportation
  224  facility projects.
  225         (d)The Water School may work with the department and use
  226  readily available data, such as data gathered as part of:
  227         1. The plans developed pursuant to s. 403.064(17);
  228         2. The basin management plans and reports developed under
  229  ss. 403.067 and 403.0671;
  230         3. The assessments and survey data compiled by the Office
  231  of Economic and Demographic Research pursuant to s. 403.928; and
  232         4. The plans developed pursuant to s. 403.086(7).
  233         (e) The department shall, based upon the recommendations
  234  provided by the Water School, implement the loan program. The
  235  department shall create a loan application and set an
  236  application deadline and may request any other information
  237  necessary to review and evaluate an application. Once the
  238  application deadline has passed, the department shall, based
  239  upon the qualified applicants, select the list of projects to
  240  include within the 5-year work plan in accordance with the Water
  241  School’s recommendations for prioritization.
  242         (4) WATER QUALITY STUDY.—Subject to appropriation, the
  243  Water School shall conduct a study to identify and analyze
  244  impaired water bodies, including upstream sources, and determine
  245  the root causes of such impairment.
  246         (a) At a minimum, the study must include an analysis of the
  247  following river basins: Apalachicola, Caloosahatchee, Indian,
  248  Peace, St. Johns, St. Lucie, and Suwannee.
  249         (b) The Water School may work with the department and shall
  250  have access to other state readily available data.
  251         Section 4. Present subsection (3) of section 403.890,
  252  Florida Statutes, is redesignated as subsection (4), paragraph
  253  (d) is added to subsection (1) of that section, and a new
  254  subsection (3) is added to that section, to read:
  255         403.890 Water Protection and Sustainability Program.—
  256         (1) Revenues deposited into or appropriated to the Water
  257  Protection and Sustainability Program Trust Fund shall be
  258  distributed by the Department of Environmental Protection for
  259  the following purposes:
  260         (d) The Water Quality Work Program as provided in s.
  261  403.0676.
  262         (3) Funds deposited into or appropriated to the Water
  263  Protection and Sustainability Program Trust Fund for the
  264  purposes of the water quality revolving loan program must be
  265  kept in a separate account and may only be used for such purpose
  266  and, notwithstanding s. 216.301 and pursuant to s. 216.351, any
  267  balance in the trust fund at the end of any fiscal year for the
  268  water quality revolving loan program must remain in the trust
  269  fund at the end of the year and must be available for carrying
  270  out the purposes of the program. All moneys in the account not
  271  needed on an immediate basis for loans must be invested pursuant
  272  to s. 215.49. The principal and interest of all loans repaid and
  273  investment earnings must be deposited into the account.
  274         Section 5. (1) Contingent upon funds being distributed to
  275  the Fish and Wildlife Conservation Commission pursuant to s.
  276  380.095, Florida Statutes, and for the 2024-2025 fiscal year,
  277  the sum of $5 million in nonrecurring funds from the State Game
  278  Trust Fund within the Fish and Wildlife Conservation Commission
  279  is appropriated to the Institute of Food and Agricultural
  280  Sciences (IFAS) at the University of Florida to perform a study
  281  of state agencies’ upland land management activities.
  282         (2) The study must include all of the following:
  283         (a) Recommendations for best management practices for
  284  inclusion in the land management plans with regard to the
  285  separate missions of the land management agencies and based upon
  286  the purposes for which the land is managed.
  287         (b) A review of land management plans to determine if the
  288  10-year frequency of plan updates is adequate for best
  289  management practices.
  290         (c) A review of the resources of each land management
  291  agency to determine current expenditures, including personnel
  292  costs, spent on upland management activities.
  293         (d) A recommendation on the most efficient and effective
  294  use of the distribution of funds to the state agencies specified
  295  in s. 380.095(2)(b), Florida Statutes.
  296         (3) IFAS shall submit a report of the results of the study
  297  to the Executive Office of the Governor, the President of the
  298  Senate, and the Speaker of the House of Representatives by
  299  January 3, 2025.
  300         Section 6. Contingent on the funds being distributed to the
  301  Department of Environmental Protection pursuant to s.
  302  380.095(2)(c), Florida Statutes, and for the 2024-2025 fiscal
  303  year:
  304         (1)The sum of $5 million in nonrecurring funds from the
  305  Water Protection and Sustainability Trust Fund within the
  306  Department of Environmental Protection is appropriated to the
  307  Water School at Florida Gulf Coast University to develop a
  308  report, including recommendations to implement the 5-year work
  309  plan for the water project revolving loan program pursuant to s.
  310  403.0676(3), Florida Statutes. The recommendations must include
  311  a framework for the work plan and any implementing statutory
  312  language needed to implement the work plan. The Water School
  313  shall submit the report to the Executive Office of the Governor,
  314  the President of the Senate, and the Speaker of the House of
  315  Representatives by January 3, 2025.
  316         (2)The sum of $25 million in nonrecurring funds from the
  317  Water Protection and Sustainability Trust Fund within the
  318  Department of Environmental Protection is appropriated to the
  319  Water School at Florida Gulf Coast University to perform the
  320  study required by s. 403.0676(4), Florida Statutes.
  321         Section 7. Contingent upon funds being distributed to the
  322  Department of Environmental Protection pursuant to s.
  323  380.095(2)(b)1., Florida Statutes, and for the 2024-2025 fiscal
  324  year, the sum of $11,520,000 in nonrecurring funds from the
  325  Internal Improvement Trust Fund within the Department of
  326  Environmental Protection is appropriated for the purpose of
  327  implementing the Local Trail Management Grant Program created
  328  pursuant to s. 260.0145, Florida Statutes.
  329         Section 8. Contingent upon funds being distributed to the
  330  Department of Environmental Protection pursuant to s.
  331  380.095(2)(b)2., Florida Statutes, and for the 2024-2025 fiscal
  332  year, the sum of $11,520,000 in nonrecurring funds from the
  333  State Park Trust Fund within the Department of Environmental
  334  Protection is appropriated for land management activities as
  335  specified in s. 380.095(2)(b)2., Florida Statutes.
  336         Section 9. Contingent upon funds being distributed to the
  337  Department of Agriculture and Consumer Services pursuant to s.
  338  380.095(2)(b)3., Florida Statutes, and for the 2024-2025 fiscal
  339  year, the sum of $34,560,000 in nonrecurring funds from the
  340  Incidental Trust Fund within the Department of Agriculture and
  341  Consumer Services is appropriated for land management activities
  342  as specified in s. 380.095(2)(b)3., Florida Statutes.
  343         Section 10. Contingent upon funds being distributed to the
  344  Fish and Wildlife Conservation Commission pursuant to s.
  345  380.095(2)(b)4., Florida Statutes, and for the 2024-2025 fiscal
  346  year, the sum of $65,400,000 in nonrecurring funds from the
  347  State Game Trust Fund within the Fish and Wildlife Conservation
  348  Commission is appropriated for control of invasive exotics and
  349  upland land management activities pursuant to s.
  350  380.095(2)(b)4., Florida Statutes.
  351         Section 11. Contingent upon funds being distributed to the
  352  Department of Agriculture and Consumer Services pursuant to s.
  353  380.095(2)(a), Florida Statutes, and for the 2024-2025 fiscal
  354  year, the sum of $128 million in recurring funds from the
  355  Incidental Trust Fund within the Department of Agriculture and
  356  Consumer Services is appropriated in fixed capital outlay for
  357  conservation easements pursuant to s. 570.71, Florida Statutes,
  358  and land acquisitions pursuant to s. 589.07, Florida Statutes.
  359         Section 12. This act shall take effect upon becoming a law.