Bill Text: FL S0092 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: C-51 Reservoir Project
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-29 - Laid on Table, companion bill(s) passed, see CS/CS/HB 95 (Ch. 2019-68) [S0092 Detail]
Download: Florida-2019-S0092-Introduced.html
Bill Title: C-51 Reservoir Project
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-29 - Laid on Table, companion bill(s) passed, see CS/CS/HB 95 (Ch. 2019-68) [S0092 Detail]
Download: Florida-2019-S0092-Introduced.html
Florida Senate - 2019 SB 92 By Senator Book 32-00099A-19 201992__ 1 A bill to be entitled 2 An act relating to the C-51 reservoir project; 3 amending s. 373.4598, F.S.; revising the portions of 4 the C-51 reservoir project for which the South Florida 5 Water Management District may negotiate; revising 6 water storage and use requirements specified for the 7 project if state funds are appropriated for the 8 project; specifying that Phase II of the project may 9 be funded by appropriation, in addition to other 10 sources; authorizing the district to enter into 11 certain capacity allocation agreements and to request 12 a waiver for repayment of certain loans; authorizing 13 the Department of Environmental Protection to waive 14 such loan repayment under certain conditions; 15 specifying that the district is not responsible for 16 repayment of such waived loans; amending s. 375.041, 17 F.S.; clarifying the projects for which distributions 18 from the Land Acquisition Trust Fund remaining in any 19 fiscal year may be made available; making technical 20 changes; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Paragraphs (c), (d), and (e) of subsection (9) 25 of section 373.4598, Florida Statutes, are amended, and 26 paragraph (f) is added to that subsection, to read: 27 373.4598 Water storage reservoirs.— 28 (9) C-51 RESERVOIR PROJECT.— 29 (c)For Phase II of the C-51 reservoir project,The 30 district may negotiate with the owners of the C-51 reservoir 31 project site for the acquisition of any portion of the project 32 not already committed to utilities for alternative water supply 33 purposes or to enter into a public-private partnership. The 34 district may acquire land near the C-51 reservoir through the 35 purchase or exchange of land that is owned by the district or 36 the state as necessary to implementPhase II ofthe project. The 37 state and the district may consider potential swaps of land that 38 is owned by the state or the district to achieve an optimal 39 combination of water quality and water storage. The district may 40 not exercise eminent domain for the purpose of implementing the 41 C-51 reservoir project. 42 (d) If state funds are appropriated forPhase I or Phase II43ofthe C-51 reservoir project: 44 1. The district, to the extent practicable, mustshall45 operate the reservoir project to maximize the reduction of high 46 volume Lake Okeechobee regulatory releases to the St. Lucie or 47 Caloosahatchee estuaries, in addition to maximizing the 48 reduction of harmful dischargesproviding reliefto the Lake 49 Worth Lagoon. However, the operation of Phase I of the C-51 50 reservoir project must be in accordance with any operation and 51 maintenance agreement adopted by the district; 52 2. In addition to any permitted amounts for water supply, 53 water made available by the reservoir project mustshallbe used 54 for natural systemsin addition to any allocated amounts for55water supply; and 56 3.AnyWater received from Lake Okeechobee maynotbe 57 available to support consumptive use permits only if such use is 58 in accordance with district rules. 59 (e) Phase I of the C-51 reservoir project may be funded by 60 appropriation or through the water storage facility revolving 61 loan fund as provided in s. 373.475. Phase II of the C-51 62 reservoir project may be funded by appropriation, pursuant to 63 this section, pursuant to s. 373.475, as a project component of 64 CERP, or pursuant to s. 375.041(3)(b)4. 65 (f) The district may enter into a capacity allocation 66 agreement with a water supply entity for a pro rata share of 67 unreserved capacity in the water storage facility and may 68 request the department to waive repayment of all or a portion of 69 a loan issued pursuant to s. 373.475. The department may 70 authorize such waiver if, in its determination, it has received 71 reasonable value for such waiver. The district is not 72 responsible for repaying any portion of a loan issued pursuant 73 to s. 373.475 which is waived pursuant to this paragraph. 74 Section 2. Subsection (3) of section 375.041, Florida 75 Statutes, is amended to read: 76 375.041 Land Acquisition Trust Fund.— 77 (3) Funds distributed into the Land Acquisition Trust Fund 78 pursuant to s. 201.15 shall be applied: 79 (a) First, to pay debt service or to fund debt service 80 reserve funds, rebate obligations, or other amounts payable with 81 respect to Florida Forever bonds issued under s. 215.618; and 82 pay debt service, provide reserves, and pay rebate obligations 83 and other amounts due with respect to Everglades restoration 84 bonds issued under s. 215.619; and 85 (b) Of the funds remaining after the payments required 86 under paragraph (a), but before funds may be appropriated, 87 pledged, or dedicated for other uses: 88 1. A minimum of the lesser of 25 percent or $200 million 89 shall be appropriated annually for Everglades projects that 90 implement the Comprehensive Everglades Restoration Plan as set 91 forth in s. 373.470, including the Central Everglades Planning 92 Project subject to Congressional authorization; the Long-Term 93 Plan as defined in s. 373.4592(2); and the Northern Everglades 94 and Estuaries Protection Program as set forth in s. 373.4595. 95 From these funds, $32 million shall be distributed each fiscal 96 year through the 2023-2024 fiscal year to the South Florida 97 Water Management District for the Long-Term Plan as defined in 98 s. 373.4592(2). After deducting the $32 million distributed 99 under this subparagraph, from the funds remaining, a minimum of 100 the lesser of 76.5 percent or $100 million shall be appropriated 101 each fiscal year through the 2025-2026 fiscal year for the 102 planning, design, engineering, and construction of the 103 Comprehensive Everglades Restoration Plan as set forth in s. 104 373.470, including the Central Everglades Planning Project, the 105 Everglades Agricultural Area Storage Reservoir Project, the Lake 106 Okeechobee Watershed Project, the C-43 West Basin Storage 107 Reservoir Project, the Indian River Lagoon-South Project, the 108 Western Everglades Restoration Project, and the Picayune Strand 109 Restoration Project. The Department of Environmental Protection 110 and the South Florida Water Management District shall give 111 preference to those Everglades restoration projects that reduce 112 harmful discharges of water from Lake Okeechobee to the St. 113 Lucie or Caloosahatchee estuaries in a timely manner. For the 114 purpose of performing the calculation provided in this 115 subparagraph, the amount of debt service paid pursuant to 116 paragraph (a) for bonds issued after July 1, 2016, for the 117 purposes set forth under paragraph (b) shall be added to the 118 amount remaining after the payments required under paragraph 119 (a). The amount of the distribution calculated shall then be 120 reduced by an amount equal to the debt service paid pursuant to 121 paragraph (a) on bonds issued after July 1, 2016, for the 122 purposes set forth under this subparagraph. 123 2. A minimum of the lesser of 7.6 percent or $50 million 124 shall be appropriated annually for spring restoration, 125 protection, and management projects. For the purpose of 126 performing the calculation provided in this subparagraph, the 127 amount of debt service paid pursuant to paragraph (a) for bonds 128 issued after July 1, 2016, for the purposes set forth under 129 paragraph (b) shall be added to the amount remaining after the 130 payments required under paragraph (a). The amount of the 131 distribution calculated shall then be reduced by an amount equal 132 to the debt service paid pursuant to paragraph (a) on bonds 133 issued after July 1, 2016, for the purposes set forth under this 134 subparagraph. 135 3. The sum of $5 million shall be appropriated annually 136 each fiscal year through the 2025-2026 fiscal year to the St. 137 Johns River Water Management District for projects dedicated to 138 the restoration of Lake Apopka. This distribution shall be 139 reduced by an amount equal to the debt service paid pursuant to 140 paragraph (a) on bonds issued after July 1, 2016, for the 141 purposes set forth in this subparagraph. 142 4. The sum of $64 million is appropriated and shall be 143 transferred to the Everglades Trust Fund for the 2018-2019 144 fiscal year, and each fiscal year thereafter, for the EAA 145 reservoir project pursuant to s. 373.4598. Any funds remaining 146 in any fiscal year shall be made available only forPhase II of147 the C-51 reservoir project or projects identified in 148 subparagraph 1. and must be used in accordance with laws 149 relating to such projects. Any funds made available for such 150 purposes in a fiscal year are in addition to the amount 151 appropriated under subparagraph 1. This distribution shall be 152 reduced by an amount equal to the debt service paid pursuant to 153 paragraph (a) on bonds issued after July 1, 2017, for the 154 purposes set forth in this subparagraph. 1555. Notwithstanding subparagraph 3., for the 2018-2019156fiscal year, funds shall be appropriated as provided in the157General Appropriations Act. This subparagraph expires July 1,1582019.159 Section 3. This act shall take effect July 1, 2019.