The Florida Senate

403.1835  Sewage treatment facilities revolving loan program.--

(1)  The purpose of this section is to assist in implementing the legislative declaration of public policy as contained in s. 403.021 by establishing a self-perpetuating loan program to accelerate construction of sewage treatment facilities by local governmental agencies and to assist local governmental agencies.

(2)  For the purposes of this section, the term:

(a)  "Local governmental agencies" means local governmental agencies as defined in s. 403.1822(3).

(b)  "Sewage treatment facilities" means all facilities necessary, including land, for the collection, treatment, or disposal of domestic wastewater.

(c)  "Bonds" means state bonds, certificates, or other obligations of indebtedness issued by the Division of Bond Finance of the State Board of Administration pursuant to this section and the State Bond Act.

(3)  The department is authorized to make loans and grants to local governmental agencies to assist them in planning, designing, and constructing sewage treatment facilities and stormwater management systems. The department may administer the resulting portfolio of loans, including the authority to sell or pledge the loans, or any portion of the loans, with the approval of the Governor, the Treasurer, and the Comptroller, acting as the State Board of Administration, to ensure compliance with subsection (1).

(a)  The department is authorized to make loans, to provide loan guarantees, to purchase loan insurance, and to refinance local debt through the issue of new loans for projects approved by the department. Local governmental agencies are authorized to borrow funds made available pursuant to this section and may pledge any revenue available to them to repay any funds borrowed. The department shall administer loans to local governmental agencies so that at least 15 percent of each annual allocation for loans is reserved for small communities.

(b)  The department may make grants to financially disadvantaged small communities, as defined in s. 403.1838, using funds made available from grant allocations on loans authorized under subsection (4). The grants must be administered in accordance with s. 403.1838.

(c)  The department may make grants to local government agencies as authorized under the Federal Water Pollution Control Act, or as a result of other federal action. The grants must be administered in accordance with this section and applicable federal requirements.

(4)  The term of loans made pursuant to this section shall not exceed 30 years. The department may assess grant allocations on the loans for the purpose of making grants to financially disadvantaged small communities. The combined rate of interest and grant allocations on loans shall be no greater than the interest rate paid on the last bonds sold pursuant to s. 14, Art. VII of the State Constitution. The grant allocations on a loan shall be equal to or less than the interest rate on the loan.

(5)(a)  The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section, including rules to administer the state revolving fund authorized pursuant to the Federal Water Pollution Control Act, as amended.

(b)  The department shall prepare an annual report detailing the amount loaned, interest earned, and loans outstanding at the end of each fiscal year.

(6)  Prior to approval of a construction loan, the local government shall:

(a)  Provide a repayment schedule.

(b)  Submit plans and specifications and evidence of permittability for sewage treatment facilities and stormwater management systems.

(c)  Provide assurance that records will be kept using accepted government accounting standards and that the department, the Auditor General, or their agents will have access to all records pertaining to the loan.

(d)  Provide assurance that the facility will be properly operated and maintained.

(e)  Document that the revenues generated will be sufficient to ensure that the facilities will be self-supporting.

(f)  Provide assurance that annual financial audit reports, and a separate project audit prepared by an independent certified public accountant upon project completion, will be submitted to the department.

(g)  Submit project planning documentation demonstrating cost-effectiveness, environmental soundness, public participation, and the implementability of the proposed sewage treatment facilities and stormwater management systems.

(7)  Eligible projects must be given priority according to the extent each project is intended to remove, mitigate, or prevent adverse effects on surface or ground water quality and public health. However, preference must be given to eligible projects that protect the public health or are required by law to eliminate sewage treatment facility discharges into specific bodies of water.

(8)  If a local governmental agency becomes delinquent on its loan, the department shall so certify to the Comptroller who shall forward the amount delinquent to the department from any unobligated funds due to the local governmental agency under any revenue-sharing or tax-sharing fund established by the state, except as otherwise provided by the State Constitution. Certification of delinquency shall not limit the department from pursuing other remedies available for default on a loan. The department may impose a penalty for delinquent loan payments in the amount of 6 percent of the amount due in addition to charging the cost to handle and process the debt. Penalty interest shall accrue on any amount due and payable beginning on the 30th day following the date upon which payment is due.

(9)  Funds for the loans and grants authorized under this section must be managed as follows:

(a)  A nonlapsing trust fund with revolving loan provisions to be known as the "Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund" is established in the State Treasury to be used as a revolving fund by the department to carry out the purpose of this section. Any funds therein which are not needed on an immediate basis for loans may be invested pursuant to s. 215.49. The cost of administering the program shall be paid from federal funds, from reasonable service fees that may be imposed upon loans, and from proceeds from the sale of loans as permitted by federal law so as to enhance program perpetuity. Grants awarded by the Federal Government, state matching funds, and investment earnings thereon shall be deposited into the fund. Proceeds from the sale of loans must be deposited into the fund. All moneys available in the fund, including investment earnings, are hereby designated to carry out the purpose of this section. The principal and interest payments of all loans held by the fund shall be deposited into this fund.

(b)  Revenues from the loan grant allocations authorized under subsection (4), federal appropriations, state matching funds for grants authorized by federal statute or other federal action, and service fees, and all earnings thereon, shall be deposited into the department's Grants and Donations Trust Fund. Service fees and all earnings thereon must be used solely for program administration. The loan grant allocation revenues and earnings thereon must be used solely for the purpose of making grants to financially disadvantaged small communities. Federal appropriations and state matching funds for grants authorized by federal statute or other federal action, and earnings thereon, must be used solely for the purposes authorized. All deposits into the department's Grants and Donations Trust Fund under this section, and earnings thereon, must be accounted for separately from all other moneys deposited into the fund.

(10)  Because the Legislature has experienced revenue shortfalls in recent years and has been unable to provide enough funds to fully match available federal funds to help capitalize the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund, it is necessary for innovative approaches to be considered to help capitalize the revolving loan fund. The department shall evaluate potential innovative approaches that can generate funds to match available federal funds. The department may adopt approaches that will help ensure the continuing viability of the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund. The department shall consider, among other possible alternatives, the option of implementing by rule a program to allow local governments to offer funds voluntarily to the state for use as a match to available federal funds to capitalize the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund.

History.--s. 1, ch. 72-723; s. 79, ch. 79-65; s. 20, ch. 86-186; s. 37, ch. 89-279; s. 34, ch. 91-305; s. 304, ch. 92-279; s. 55, ch. 92-326; s. 12, ch. 93-51; s. 375, ch. 94-356; s. 26, ch. 97-236; s. 101, ch. 98-200; s. 1, ch. 98-316; s. 23, ch. 99-205; s. 2, ch. 99-372.