Bill Text: FL S0216 | 2019 | Regular Session | Introduced


Bill Title: Water Quality Improvements

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-01-22 - Referred to Environment and Natural Resources; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations [S0216 Detail]

Download: Florida-2019-S0216-Introduced.html
       Florida Senate - 2019                                     SB 216
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00681-19                                            2019216__
    1                        A bill to be entitled                      
    2         An act relating to water quality improvements;
    3         amending s. 375.041, F.S.; providing an appropriation
    4         for certain projects related to the Indian River
    5         Lagoon Comprehensive Conservation and Management Plan;
    6         authorizing the Department of Environmental
    7         Protection, with other specified entities, to provide
    8         grants for such projects; directing the department to
    9         submit an annual report to the Governor and
   10         Legislature; removing an obsolete provision; creating
   11         s. 403.0771, F.S.; requiring each wastewater facility
   12         that unlawfully discharges sewage into a waterway or
   13         aquifer to notify its customers within a specified
   14         period; amending s. 403.141, F.S.; providing penalties
   15         for wastewater treatment facilities that unlawfully
   16         discharge sewage into designated areas; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (b) of subsection (3) of section
   22  375.041, Florida Statutes, is amended to read:
   23         375.041 Land Acquisition Trust Fund.—
   24         (3) Funds distributed into the Land Acquisition Trust Fund
   25  pursuant to s. 201.15 shall be applied:
   26         (b) Of the funds remaining after the payments required
   27  under paragraph (a), but before funds may be appropriated,
   28  pledged, or dedicated for other uses:
   29         1. A minimum of the lesser of 25 percent or $200 million
   30  shall be appropriated annually for Everglades projects that
   31  implement the Comprehensive Everglades Restoration Plan as set
   32  forth in s. 373.470, including the Central Everglades Planning
   33  Project subject to Congressional authorization; the Long-Term
   34  Plan as defined in s. 373.4592(2); and the Northern Everglades
   35  and Estuaries Protection Program as set forth in s. 373.4595.
   36  From these funds, $32 million shall be distributed each fiscal
   37  year through the 2023-2024 fiscal year to the South Florida
   38  Water Management District for the Long-Term Plan as defined in
   39  s. 373.4592(2). After deducting the $32 million distributed
   40  under this subparagraph, from the funds remaining, a minimum of
   41  the lesser of 76.5 percent or $100 million shall be appropriated
   42  each fiscal year through the 2025-2026 fiscal year for the
   43  planning, design, engineering, and construction of the
   44  Comprehensive Everglades Restoration Plan as set forth in s.
   45  373.470, including the Central Everglades Planning Project, the
   46  Everglades Agricultural Area Storage Reservoir Project, the Lake
   47  Okeechobee Watershed Project, the C-43 West Basin Storage
   48  Reservoir Project, the Indian River Lagoon-South Project, the
   49  Western Everglades Restoration Project, and the Picayune Strand
   50  Restoration Project. The Department of Environmental Protection
   51  and the South Florida Water Management District shall give
   52  preference to those Everglades restoration projects that reduce
   53  harmful discharges of water from Lake Okeechobee to the St.
   54  Lucie or Caloosahatchee estuaries in a timely manner. For the
   55  purpose of performing the calculation provided in this
   56  subparagraph, the amount of debt service paid pursuant to
   57  paragraph (a) for bonds issued after July 1, 2016, for the
   58  purposes set forth under paragraph (b) shall be added to the
   59  amount remaining after the payments required under paragraph
   60  (a). The amount of the distribution calculated shall then be
   61  reduced by an amount equal to the debt service paid pursuant to
   62  paragraph (a) on bonds issued after July 1, 2016, for the
   63  purposes set forth under this subparagraph.
   64         2. A minimum of the lesser of 7.6 percent or $50 million
   65  shall be appropriated annually for spring restoration,
   66  protection, and management projects. For the purpose of
   67  performing the calculation provided in this subparagraph, the
   68  amount of debt service paid pursuant to paragraph (a) for bonds
   69  issued after July 1, 2016, for the purposes set forth under
   70  paragraph (b) shall be added to the amount remaining after the
   71  payments required under paragraph (a). The amount of the
   72  distribution calculated shall then be reduced by an amount equal
   73  to the debt service paid pursuant to paragraph (a) on bonds
   74  issued after July 1, 2016, for the purposes set forth under this
   75  subparagraph.
   76         3. The sum of $5 million shall be appropriated annually
   77  each fiscal year through the 2025-2026 fiscal year to the St.
   78  Johns River Water Management District for projects dedicated to
   79  the restoration of Lake Apopka. This distribution shall be
   80  reduced by an amount equal to the debt service paid pursuant to
   81  paragraph (a) on bonds issued after July 1, 2016, for the
   82  purposes set forth in this subparagraph.
   83         4. The sum of $64 million is appropriated and shall be
   84  transferred to the Everglades Trust Fund for the 2018-2019
   85  fiscal year, and each fiscal year thereafter, for the EAA
   86  reservoir project pursuant to s. 373.4598. Any funds remaining
   87  in any fiscal year shall be made available only for Phase II of
   88  the C-51 reservoir project or projects identified in
   89  subparagraph 1. and must be used in accordance with laws
   90  relating to such projects. Any funds made available for such
   91  purposes in a fiscal year are in addition to the amount
   92  appropriated under subparagraph 1. This distribution shall be
   93  reduced by an amount equal to the debt service paid pursuant to
   94  paragraph (a) on bonds issued after July 1, 2017, for the
   95  purposes set forth in this subparagraph.
   96         5. A minimum of the lesser of 7.6 percent or $50 million
   97  shall be appropriated annually each fiscal year for projects
   98  dedicated to the conservation and management of the Indian River
   99  Lagoon. This distribution must be reduced by an amount equal to
  100  the debt service paid pursuant to paragraph (a) on bonds issued
  101  after July 1, 2019, for the purposes set forth in this
  102  subparagraph. The Department of Environmental Protection shall
  103  use the funds to provide grants for the following categories of
  104  projects that implement the updated Indian River Lagoon
  105  Comprehensive Conservation and Management Plan, including
  106  multiyear grants for construction of such projects:
  107         a.The construction of facilities or the upgrade of
  108  existing facilities that provide advanced waste treatment, as
  109  defined in s. 403.086(4).
  110         b.The expansion of existing wastewater treatment
  111  facilities to bring services to homes and businesses that are
  112  not connected to an existing wastewater treatment facility.
  113         c.The connection of onsite sewage treatment and disposal
  114  systems to central sewer systems.
  115  
  116  Each grant must require a minimum 50 percent local match. The
  117  department shall coordinate with the South Florida Water
  118  Management District, the St. Johns River Water Management
  119  District, and other water management districts, as necessary, to
  120  identify grant recipients. Beginning January 1, 2020, and each
  121  January 1 thereafter, the department shall submit a report
  122  regarding the projects funded pursuant to this subparagraph to
  123  the Governor, the President of the Senate, and the Speaker of
  124  the House of Representatives Notwithstanding subparagraph 3.,
  125  for the 2018-2019 fiscal year, funds shall be appropriated as
  126  provided in the General Appropriations Act. This subparagraph
  127  expires July 1, 2019.
  128         Section 2. Section 403.0771, Florida Statutes, is created
  129  to read:
  130         403.0771Sewage spill notification.—In addition to the
  131  public notification requirements of s. 403.077, a wastewater
  132  treatment facility that unlawfully discharges raw or partially
  133  treated sewage into any waterway or aquifer must, within 24
  134  hours after discovering the discharge, notify its customers that
  135  the discharge has occurred.
  136         Section 3. Present subsection (4) of section 403.141,
  137  Florida Statutes, is renumbered as subsection (5), and a new
  138  subsection (4) is added to that section, to read:
  139         403.141 Civil liability; joint and several liability.—
  140         (4)Notwithstanding the civil penalty limitation set forth
  141  in subsection (1), a wastewater treatment facility that
  142  unlawfully discharges raw or partially treated sewage into any
  143  waterway or aquifer shall:
  144         (a)Remit to the department an amount equal to $1 for each
  145  gallon of sewage discharged; or
  146         (b)Calculate the number of gallons of sewage discharged,
  147  and, with the department’s approval, spend $2 for each gallon to
  148  upgrade or remediate the problems that gave rise to the unlawful
  149  discharge.
  150         Section 4. This act shall take effect July 1, 2019.

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