Bill Text: FL S0216 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Water Quality Improvements
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-05-03 - Died in Appropriations Subcommittee on Agriculture, Environment, and General Government [S0216 Detail]
Download: Florida-2019-S0216-Introduced.html
Bill Title: Water Quality Improvements
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-05-03 - Died in Appropriations Subcommittee on Agriculture, Environment, and General Government [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 RepresentativesNotwithstanding subparagraph 3.,125for the 2018-2019 fiscal year, funds shall be appropriated as126provided in the General Appropriations Act. This subparagraph127expires July 1, 2019. 128 Section 2. Section 403.0771, Florida Statutes, is created 129 to read: 130 403.0771 Sewage 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.