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: 97 380.095 Dedicated 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.