Bill Text: FL S1104 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environment
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Appropriations [S1104 Detail]
Download: Florida-2013-S1104-Introduced.html
Bill Title: Environment
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Appropriations [S1104 Detail]
Download: Florida-2013-S1104-Introduced.html
Florida Senate - 2013 SB 1104 By Senator Brandes 22-01325-13 20131104__ 1 A bill to be entitled 2 An act relating to the environment; amending s. 3 335.06, F.S.; revising the responsibilities of the 4 Department of Transportation, a county, or a 5 municipality to improve or maintain a road that 6 provides access to property within the state park 7 system; amending s. 373.4137, F.S.; providing 8 legislative intent that mitigation be implemented in a 9 manner that promotes efficiency, timeliness, and cost 10 effectiveness in project delivery; revising the 11 criteria of the environmental impact inventory; 12 revising the criteria for mitigation of projected 13 impacts identified in the environmental impact 14 inventory; requiring the Department of Transportation 15 to include funding for environmental mitigation for 16 its projects in its work program; revising the process 17 and criteria for the payment by the department or 18 participating transportation authorities of mitigation 19 implemented by water management districts or the 20 Department of Environmental Projection; revising the 21 requirements for the payment to a water management 22 district or the Department of Environmental Protection 23 of the costs of mitigation planning and implementation 24 of the mitigation required by a permit; revising the 25 payment criteria for preparing and implementing 26 mitigation plans adopted by water management districts 27 for transportation impacts based on the environmental 28 impact inventory; adding federal requirements for the 29 development of a mitigation plan; providing for 30 transportation projects in the environmental 31 mitigation plan for which mitigation has not been 32 specified; revising a water management district’s 33 responsibilities relating to a mitigation plan; 34 amending s. 373.618, F.S.; revising the outdoor 35 advertisement exemption criteria for a public 36 information system; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 335.06, Florida Statutes, is amended to 41 read: 42 335.06 Access roads to the state park system.—AAnyroad 43 thatwhichprovides access to property within the state park 44 system mustshallbe maintained by the department if the road is 45 a part of the State Highway System and may be improved and 46 maintained by the department if the road is part of a county 47 road system or city street system. If the department does not 48 maintain a county or city road that is a part of the county road 49 system or the city street system and that provides access to the 50 state park system, the road mustorshallbe maintained by the 51 appropriate county or municipalityif the road is a part of the52county road system or the city street system. 53 Section 2. Section 373.4137, Florida Statutes, is amended 54 to read: 55 373.4137 Mitigation requirements for specified 56 transportation projects.— 57 (1) The Legislature finds that environmental mitigation for 58 the impact of transportation projects proposed by the Department 59 of Transportation or a transportation authority established 60 pursuant to chapter 348 or chapter 349 can be more effectively 61 achieved by regional, long-range mitigation planning rather than 62 on a project-by-project basis. It is the intent of the 63 Legislature that mitigation to offset the adverse effects of 64 these transportation projects be funded by the Department of 65 Transportation and be carried out by the use of mitigation banks 66 and any other mitigation options that satisfy state and federal 67 requirements in an efficient, timely, and cost-effective manner. 68 (2) Environmental impact inventories for transportation 69 projects proposed by the Department of Transportation or a 70 transportation authority established pursuant to chapter 348 or 71 chapter 349 shall be developed as follows: 72 (a) By July 1 of each year, the Department of 73 Transportation, or a transportation authority established 74 pursuant to chapter 348 or chapter 349 which chooses to 75 participate in the program, shall submit to the water management 76 districts a list of its projects in the adopted work program and 77 an environmental impact inventory of habitat impacts and the 78 proposed amount of mitigation needed to offset impacts as 79 described in paragraph (b). The environmental impact inventory 80 must be based onhabitats addressed inthe rules adopted 81 pursuant to this part,ands. 404 of the Clean Water Act, 33 82 U.S.C. s. 1344, andwhich may be impactedbythe Department of 83 Transportationitsplan of construction for transportation 84 projects in the next 3 years of the tentative work program. The 85 Department of Transportation or a transportation authority 86 established pursuant to chapter 348 or chapter 349 may also 87 include in its environmental impact inventory the habitat 88 impacts and the proposed amount of mitigation needed forofany 89 future transportation project. The Department of Transportation 90 and each transportation authority established pursuant to 91 chapter 348 or chapter 349 may fund any mitigation activities 92 for future projects using current year funds. 93 (b) The environmental impact inventory mustshallinclude a 94 description ofthesehabitat impacts, includingtheirlocation, 95 acreage, and type; the proposed amount of mitigation needed 96 based on the functional loss as determined through the Uniform 97 Mitigation Assessment Method adopted in rule 62-345, F.A.C., 98 which will identify the potential number of mitigation credits 99 needed for the impacted site, and the identification of the 100 proposed mitigation option, such as permitted mitigation banks, 101 mitigation implemented by the water management district, or 102 other approved options that satisfy state and federal 103 requirements; state water quality classification of impacted 104 wetlands and other surface waters; any other state or regional 105 designations for these habitats; and a list of threatened 106 species, endangered species, and species of special concern 107 affected by the proposed project. 108 (3)(a) To mitigatefund development and implementation of109the mitigation plan for theprojected impacts identified in the 110 environmental impact inventory described in subsection (2), the 111 Department of Transportation may purchase credits for current 112 and future use directly from a mitigation bank as described in 113 subsection (4); mitigate through the water management districts; 114 mitigate through the Department of Environmental Protection for 115 mitigation on state lands; or conduct its own mitigation. In 116 evaluating its mitigation options, the Department of 117 Transportation shall consider efficiency, timeliness, and cost 118 effectiveness. The proposed mitigation option shall be 119 identified in the inventory. Funding ofshall identify funds120quarterly in an escrow account within the State Transportation121Trust Fund for theenvironmental mitigationphase offor the 122 Department of Transportation projects shall be included in 123budgeted bythe department’s work program developed pursuant to 124 s. 339.135Department of Transportationfor the current fiscal125year. The escrow account shall be maintained by the Department126of Transportation for the benefit of the water management127districts. Any interest earnings from the escrow account shall128remain with the Department of Transportation. 129 (b) Each transportation authority established pursuant to 130 chapter 348 or chapter 349 that chooses to participate in this 131 program shall create an escrow account within its financial 132 structure and deposit funds in the account to pay for the 133 environmental mitigation phase of projects budgeted for the 134 current fiscal year. The escrow account shall be maintained by 135 the authority for the benefit of the water management districts. 136 Any interest earnings from the escrow account mustshallremain 137 with the authority. 138 (c) The Department of Transportation or the participating 139 transportation authorities established pursuant to chapter 348 140 or chapter 349 shall pay annually an amount established in 141 paragraph (d) for mitigation implemented by the water management 142 district or the Department of Environmental Protection, as 143 appropriate.Except for current mitigation projects in the144monitoring and maintenance phase and except as allowed by145paragraph (d),The water management districts, or the Department 146 of Environmental Protection for approved mitigation on its land, 147 may request paymenta transfer of funds from an escrow account148 no sooner than 30 days beforethe date the funds are needed to149pay for activities associated with development orimplementation 150 of mitigation meeting the requirements pursuant to this part, 33 151 U.S.C. s. 1344, and 33 C.F.R. s. 332, in the approved mitigation 152 plan described in subsection (4) for the current fiscal year,153including, but not limited to, design, engineering, production,154and staff support.Actual conceptual plan preparation costs155incurred before plan approval may be submitted to the Department156of Transportation or the appropriate transportation authority157each year with the plan. The conceptual plan preparation costs158of each water management district will be paid from mitigation159funds associated with the environmental impact inventory for the160current year. The amount transferred to the escrow accounts each161year by the Department of Transportation and participating162transportation authorities established pursuant to chapter 348163or chapter 349 shall correspond to a cost per acre of $75,000164multiplied by the projected acres of impact identified in the165environmental impact inventory described in subsection (2).166However, the $75,000 cost per acre does not constitute an167admission against interest by the state or its subdivisions and168is not admissible as evidence of full compensation for any169property acquired by eminent domain or through inverse170condemnation. Each July 1, the cost per acre shall be adjusted171by the percentage change in the average of the Consumer Price172Index issued by the United States Department of Labor for the173most recent 12-month period ending September 30, compared to the174base year average, which is the average for the 12-month period175ending September 30, 1996.Each quarter, the projected amount of 176 mitigation shown on the water management district mitigation 177 plan mustacreage of impact shallbe reconciled with the actual 178 amount of mitigation needed foracreage of impact ofprojects as 179 permitted, including permit modifications, pursuant to this part 180 and s. 404 of the Clean Water Act, 33 U.S.C. s. 1344. The 181 subject year’s transfer of funds shall be adjustedaccordingly182 to reflect the mitigationacreage of impactsas permitted. The 183 Department of Transportation and participating transportation 184 authorities established pursuant to chapter 348 or chapter 349 185 are authorized to transfer such fundsfrom the escrow accounts186 to the water management districts or the Department of 187 Environmental Protection, as appropriate, to carry outthe188 mitigation for the subject yearprograms. Environmental 189 mitigation funds that are identified for mitigation implemented 190 by aor maintained in an escrow account for the benefit of a191 water management district or the Department of Environmental 192 Protection may be reassignedreleasedif the associated 193 transportation project is excluded in whole or in part from the 194 water management district mitigation plan, or if the mitigation 195 will no longer be implemented by the Department of Environmental 196 Protection on state lands.For a mitigation project that is in197the maintenance and monitoring phase, the water management198district may request and receive a one-time payment based on the199project’s expected future maintenance and monitoring costs.Upon 200 finaldisbursement of the final maintenance and monitoring201 payment for mitigation of a transportation project as permitted, 202 the obligation of the Department of Transportation or the 203 participating transportation authority is satisfied, and the 204 water management district or the Department of Environmental 205 Protection, as appropriate, will have continuing responsibility 206 for the mitigation project, the escrow account for the project207established by the Department of Transportation or the208participating transportation authority may be closed. Any209interest earned on these disbursed funds shall remain with the210water management district and must be used as authorized under211this section. 212 (d) Beginning with the environmental impact inventory to be 213 submitted July 1, 2013, and the related approved mitigation 214 plan, thein the 2005-2006 fiscal year, eachwater management 215 district or the Department of Environmental Protection, as 216 appropriate, shall be paid for the costs associated to plan and 217 implement the mitigation required by a permit which are based on 218 the cost of a mitigation credit that is established by this 219 sectiona lump-sum amount of $75,000 per acre, adjusted as220provided under paragraph (c), for federally funded221transportation projects that are included on the environmental222impact inventory and that have an approved mitigation plan.223Beginning in the 2009-2010 fiscal year, each water management224district shall be paid a lump-sum amount of $75,000 per acre,225adjusted as provided under paragraph (c), for federally funded226and nonfederally funded transportation projects that have an227approved mitigation plan. Each water management district or the 228 Department of Environmental Protection, as appropriate, may be 229 paid a lump-sum amount, based on the cost per mitigation credit, 230 for a federally funded or nonfederally funded transportation 231 project that is in the Department of Transportation work 232 program; is permitted; and for which mitigation meeting the 233 requirements pursuant to this part, 33 U.S.C. s. 1344, and 33 234 C.F.R. s. 332, will be implemented within the current fiscal 235 year. For purposes of this section, the cost of aAllmitigation 236 credit for each mitigation project as established by the water 237 management district or the Department of Environmental 238 Protection, as appropriate, may includecosts, including, but is 239 not limited to, the costs of preparing conceptual plans and the 240 costs of land acquisition, design, construction, staff support, 241 future maintenance,andmonitoring of the mitigation site, and 242 other costs necessary to meet requirements pursuant to 33 U.S.C. 243 s. 1344 and 33 C.F.R. s. 332. If the water management district 244 includes the purchase of mitigation bank credits as part of the 245 mitigation plan, the cost must be based on the cost per credit 246 as established by the mitigation bankmitigated acres shall be247funded through these lump-sum amounts. 248 (e) For purposes of preparing and implementing the 249 mitigation plans to be adopted by the water management districts 250 before March 1, 2013, for transportation impacts based on the 251 environmental impact inventory of July 1, 2012, the funds 252 identified in the Department of Transportation’s work program or 253 participating transportation authorities’ escrow accounts must 254 correspond to a cost per acre of $75,000 multiplied by the 255 projected acres of impact as identified in the environmental 256 impact inventory. The cost per acre shall be adjusted by the 257 percentage change in the average of the Consumer Price Index 258 issued by the United States Department of Labor for the most 259 recent 12-month period ending September 30, compared to the base 260 year average, which is the average for the 12-month period 261 ending September 30, 1996. Payment as provided under this 262 paragraph is limited to those mitigation activities that are 263 identified in the first year of the 2013 mitigation plan and for 264 which the transportation project is permitted and is in the 265 Department of Transportation’s adopted work program, or the 266 equivalent for a transportation authority. When implementing the 267 mitigation activities necessary to offset the permitted 268 transportation impacts as provided in the approved mitigation 269 plan, the water management district shall maintain records of 270 the costs incurred in implementing the mitigation. The costs 271 must include, but are not limited to, conceptual planning, land 272 acquisition, design, construction, staff support, long-term 273 maintenance and monitoring of the mitigation site, and other 274 costs necessary to meet the requirements of 33 U.S.C. s. 1344 275 and 33 C.F.R. s. 332. To the extent moneys paid to a water 276 management district by the Department of Transportation or a 277 participating transportation authority exceed the amount spent 278 by the water management district in implementing the mitigation 279 to offset the permitted transportation impacts, the funds shall 280 be refunded to the Department of Transportation or the 281 participating transportation authority. This paragraph expires 282 June 30, 2014. 283 (4) Before March 1 of each year, each water management 284 district, in consultation with the Department of Environmental 285 Protection, the United States Army Corps of Engineers, the 286 Department of Transportation, participating transportation 287 authorities established pursuant to chapter 348 or chapter 349, 288 and other appropriate federal, state, and local governments, and 289 other interested parties, including entities operating 290 mitigation banks, shall develop a plan for the primary purpose 291 of complying with the mitigation requirements adopted pursuant 292 to this part,and33 U.S.C. s. 1344, and 33 C.F.R. s. 332. In 293 developing such plans, the districts shall use sound ecosystem 294 management practices to address significant water resource needs 295 and shall considerfocus onactivities of the Department of 296 Environmental Protection and the water management districts, 297 such as surface water improvement and management (SWIM) projects 298 and lands identified for potential acquisition for preservation, 299 restoration, or enhancement, and the control of invasive and 300 exotic plants in wetlands and other surface waters, to the 301 extent that the activities comply with the mitigation 302 requirements adopted under this part,and33 U.S.C. s. 1344, and 303 33 C.F.R. s. 332. For transportation projects in the 304 environmental impact inventory for which mitigation has not been 305 specified, the mitigation plan must identify the site where the 306 water management district will mitigate for the transportation 307 project, the scope of the mitigation activities at each 308 mitigation site, and the functional gain at each mitigation site 309 as determined through the uniform mitigation assessment method 310 pursuant to rule 62-345, F.A.C.; must describe how the 311 mitigation offsets the impacts of each transportation project as 312 permitted; must set a schedule for the mitigation activities; 313 and must specify the cost per mitigation credit as established 314 in (3)(d). The water management districts shall maintain records 315 of payments received and costs incurred for implementing 316 mitigation activities to offset impacts of permitted 317 transportation projects. To the extent moneys paid to a water 318 management district by the Department of Transportation or a 319 participating transportation authority exceed the amount spent 320 by the water management districts in implementing the mitigation 321 to offset the permitted transportation impacts, the funds shall 322 be refunded to the Department of Transportation or the 323 participating transportation authorityIn determining the324activities to be included in the plans, the districts shall325consider the purchase of credits from public or private326mitigation banks permitted under s.373.4136and associated327federal authorization and shall include the purchase as a part328of the mitigation plan when the purchase would offset the impact329of the transportation project, provide equal benefits to the330water resources than other mitigation options being considered,331and provide the most cost-effective mitigation option. The 332 mitigation plan shall be submitted to the water management 333 district governing board, or its designee, for review and 334 approval. At least 14 days before approval by the governing 335 board, the water management district shall provide a copy of the 336 draft mitigation plan to the Department of Environmental 337 Protection and any person who has requested a copy. After the 338 governing board approves the mitigation plan, the plan must be 339 submitted to the department for approval. The plan may not be 340 implemented until it is submitted to and approved, in part or in 341 its entirety, by the departmentDepartment of Environmental342Protection. 343(a) For each transportation project with a funding request344for the next fiscal year, the mitigation plan must include a345brief explanation of why a mitigation bank was or was not chosen346as a mitigation option, including an estimation of identifiable347costs of the mitigation bank and nonbank options and other348factors such as time saved, liability for success of the349mitigation, and long-term maintenance.350 (a)(b)Specific projects may be excluded from the 351 mitigation plan, in whole or in part, and are not subject to 352 this section upon the election of the Department of 353 Transportation, a transportation authority if applicable, or the 354 appropriate water management district. The Department of 355 Transportation or a participating transportation authority may 356 not exclude a transportation project from the mitigation plan if 357 mitigation is scheduled for implementation by the water 358 management district in the current fiscal year, except if the 359 transportation project is removed from the Department of 360 Transportation work program or transportation authority funding 361 plan. If a project is removed, costs expended by the water 362 management districts before removal are eligible for 363 reimbursement by the Department of Transportation or the 364 participating transportation authority. 365 (b)(c)When determining which projects to include in or 366 exclude from the mitigation plan, the Department of 367 Transportation shall investigate using credits from a permitted 368 mitigation bank before those projects are submitted for 369 inclusion in the plan. The investigation shall consider the cost 370cost-effectivenessof mitigation bank credits, including, but 371 not limited to, factors such as timelinesstime saved, transfer 372 of liability for success of the mitigation,andlong-term 373 maintenance, and meeting the requirements of 33 C.F.R. s. 332. 374 The Department of Transportation shall exclude a project from 375 the mitigation plan if the investigation undertaken pursuant to 376 this paragraph results in the conclusion that the use of credits 377 from a permitted mitigation bank promotes efficiency, timeliness 378 in project delivery, and cost-effectiveness. 379 (5) The water management district shall ensure that 380 mitigation requirements pursuant to 33 U.S.C. s. 1344 and 33 381 C.F.R. s. 332 are met for the impacts identified in the 382 environmental impact inventory described in subsection (2), by 383 implementation of the approved plan described in subsection (4) 384 to the extent funding is provided by the Department of 385 Transportation, or a transportation authority established 386 pursuant to chapter 348 or chapter 349, if applicable. In 387 developing and implementing the mitigation plan, the water 388 management district shall comply with federal permitting 389 requirements pursuant to 33 U.S.C. s. 1344 and 33 C.F.R. s. 332. 390 During the federal permitting process, the water management 391 district may deviate from the approved mitigation plan in order 392 to comply with federal permitting requirements upon notice and 393 coordination with the Department of Transportation or the 394 participating transportation authority. 395 (6) The water management district mitigation plans shall be 396 updated annually to reflect the most current Department of 397 Transportation work program and project list of a transportation 398 authority established pursuant to chapter 348 or chapter 349, if 399 applicable, and may be amended throughout the year to anticipate 400 schedule changes or additional projects which may arise. Before 401 amending the mitigation plan to include new projects, 402 consideration shall be given to mitigation banks and other 403 available mitigation options. Each update and amendment of the 404 mitigation plan shall be submitted to the governing board of the 405 water management district or its designee for approval. However, 406 thesuchapproval isshallnotbeapplicable to a deviation as 407 described in subsection (5). 408 (7) Upon approval by the governing board of the water 409 management district and the Department of Environmental 410 Protectionor its designee, the mitigation plan shall be deemed 411 to satisfy the mitigation requirements under this part for 412 impacts specifically identified in the environmental impact 413 inventory described in subsection (2) and any other mitigation 414 requirements imposed by local, regional, and state agencies for 415 these same impacts. The approval of the governing board of the 416 water management district or its designee mustshallauthorize 417 the activities proposed in the mitigation plan, and no other 418 state, regional, or local permit or approval isshall be419 necessary. 420 (8) This section mayshallnot be construed to eliminate 421 the need for the Department of Transportation or a 422 transportation authority established pursuant to chapter 348 or 423 chapter 349 to comply with the requirement to implement 424 practicable design modifications, including realignment of 425 transportation projects, to reduce or eliminate the impacts of 426 its transportation projects on wetlands and other surface waters 427 as required by rules adopted pursuant to this part, or to 428 diminish the authority under this part to regulate other 429 impacts, including water quantity or water quality impacts, or 430 impacts regulated under this part that are not identified in the 431 environmental impact inventory described in subsection (2). 432(9) The process for environmental mitigation for the impact433of transportation projects under this section shall be available434to an expressway, bridge, or transportation authority435established under chapter 348 or chapter 349. Use of this436process may be initiated by an authority depositing the437requisite funds into an escrow account set up by the authority438and filing an environmental impact inventory with the439appropriate water management district. An authority that440initiates the environmental mitigation process established by441this section shall comply with subsection (6) by timely442providing the appropriate water management district with the443requisite work program information. A water management district444may draw down funds from the escrow account as provided in this445section.446 Section 3. Section 373.618, Florida Statutes, is amended to 447 read: 448 373.618 Public service warnings, alerts, and 449 announcements.—The Legislature believes it is in the public 450 interest that eachallwater management districtdistricts451 created pursuant to s. 373.069 own, acquire, develop, construct, 452 operate, and manage public information systems. Public 453 information systems may be located on property owned by the 454 water management district, upon terms and conditions approved by 455 the water management district, and must display messages to the 456 general public concerning water management services, activities, 457 events, and sponsors, as well as other public service 458 announcements, including watering restrictions, severe weather 459 reports, amber alerts, and other essential information needed by 460 the public. Local government review or approval is not required 461 for a public information system owned or hereafter acquired, 462 developed, or constructed by the water management district on 463 its own property. A public information system is exempt from the 464 requirements of chapter 479; however, a public information 465 system that is subject to the Highway Beautification Act of 1965 466 must be approved by the Department of Transportation and the 467 Federal Highway Administration if required by federal law and 468 federal regulation under the agreement between the state and the 469 United States Department of Transportation, and federal 470 regulations enforced by the Department of Transportation under 471 s. 479.02(1). Water management district funds may not be used to 472 pay the cost to acquire, develop, construct, operate, or manage 473 a public information system. Any necessary funds for a public 474 information system shall be paid for and collected from private 475 sponsors who may display commercial messages. 476 Section 4. This act shall take effect July 1, 2013.