Bill Text: FL S1954 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Statewide Flooding and Sea Level Rise Resilience
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-13 - Chapter No. 2021-28, companion bill(s) passed, see SB 2512 (Ch. 2021-39), SB 2514 (Ch. 2021-29), SB 2500 (Ch. 2021-36) [S1954 Detail]
Download: Florida-2021-S1954-Introduced.html
Bill Title: Statewide Flooding and Sea Level Rise Resilience
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-13 - Chapter No. 2021-28, companion bill(s) passed, see SB 2512 (Ch. 2021-39), SB 2514 (Ch. 2021-29), SB 2500 (Ch. 2021-36) [S1954 Detail]
Download: Florida-2021-S1954-Introduced.html
Florida Senate - 2021 SB 1954 By Senator Rodrigues 27-01296A-21 20211954__ 1 A bill to be entitled 2 An act relating to statewide flooding and sea-level 3 rise resilience; creating s. 380.093, F.S.; providing 4 legislative intent; defining the term “critical 5 asset”; establishing the Resilient Florida Grant 6 Program within the Department of Environmental 7 Protection; authorizing the department to provide 8 grants to local governments to fund the costs of 9 community resilience planning, subject to 10 appropriation; providing requirements for certain 11 local government vulnerability assessments; requiring 12 the department to complete a comprehensive statewide 13 flood vulnerability and sea-level rise data set and 14 assessment by specified dates; specifying requirements 15 for such data set and assessment; requiring the 16 department to develop a Statewide Flooding and Sea 17 Level Rise Resilience Plan and annually submit the 18 plan to the Governor and Legislature by a specified 19 date; specifying requirements for the plan; requiring 20 water management districts to annually submit proposed 21 projects to the department for inclusion in the plan; 22 specifying requirements for such projects; specifying 23 projects that are ineligible for inclusion in the 24 plan; requiring the department to implement a scoring 25 system for assessing projects submitted by water 26 management districts; limiting the total amount of 27 funding that may be proposed in the plan; requiring 28 the Legislature, upon review and subject to 29 appropriation, to approve funding for projects as 30 specified in the plan; authorizing local governments 31 to create regional resilience coalitions for a 32 specified purpose; authorizing the department to 33 provide funding to the coalitions, subject to 34 appropriation; creating s. 380.0933, F.S.; 35 establishing the Florida Flood Hub for Applied 36 Research and Innovation within the University of South 37 Florida College of Marine Science for a specified 38 purpose; providing duties of the hub; providing for an 39 executive director; requiring the hub to submit an 40 annual report to the Governor and Legislature by a 41 specified date; amending s. 403.928, F.S.; requiring 42 the Office of Economic and Demographic Research to 43 include specified information relating to inland and 44 coastal flood control in certain assessments; 45 providing an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. Section 380.093, Florida Statutes, is created to 50 read: 51 380.093 Statewide Flooding and Sea-Level Rise Resilience 52 Plan.— 53 (1) LEGISLATIVE INTENT.— 54 (a) The Legislature recognizes that this state is 55 particularly vulnerable to adverse impacts of flooding resulting 56 from the increasing frequency and duration of rainfall events, 57 storm surge from more frequent and severe weather systems, and 58 sea-level rise. Such adverse impacts pose economic, social, 59 environmental, and public health and safety challenges to this 60 state. To most effectively address these challenges, funding 61 should be allocated in a manner that prioritizes and addresses 62 the most significant risks. 63 (b) The Legislature further recognizes that the adverse 64 impacts of flooding and sea-level rise affect coastal and inland 65 communities all across this state. Consequently, a coordinated 66 approach is necessary to maximize the benefit of efforts to 67 address such impacts and to improve this state’s resilience to 68 flooding and sea-level rise. 69 (c) The Legislature further recognizes that to effectively 70 and efficiently address and prepare for the adverse impacts of 71 flooding and sea-level rise in this state, it is necessary to 72 conduct a comprehensive statewide assessment of the specific 73 risks posed to this state by flooding and sea-level rise and 74 develop a statewide coordinated approach to addressing such 75 risks. 76 (2) DEFINITION.—As used in this section, the term “critical 77 asset” includes: 78 (a) Transportation assets and evacuation routes, including 79 airports, bridges, bus terminals, ports, major roadways, 80 marinas, rail facilities, and railroad bridges. 81 (b) Critical infrastructure, including wastewater treatment 82 facilities, stormwater treatment facilities, drinking water 83 facilities, electric production and supply facilities, solid and 84 hazardous waste facilities, military installations, 85 communications facilities, and disaster debris management sites. 86 (c) Critical community and emergency facilities, including 87 schools, colleges, universities, community centers, correctional 88 facilities, disaster recovery centers, emergency medical service 89 facilities, emergency operation centers, fire stations, health 90 care facilities, hospitals, law enforcement facilities, local 91 government facilities, logistical staging areas, affordable 92 public housing, risk shelter inventory, and state government 93 facilities. 94 (d) Natural, cultural, and historical resources, including 95 conservation lands, parks, shorelines, surface waters, wetlands, 96 and historical and cultural assets. 97 (3) RESILIENT FLORIDA GRANT PROGRAM.— 98 (a) The Resilient Florida Grant Program is established 99 within the Department of Environmental Protection. 100 (b) Subject to appropriation, the department may provide 101 grants to a county or municipality to fund the costs of 102 community resilience planning, including projects that address 103 the requirements of s. 163.3178(2)(f), vulnerability assessments 104 that identify or address risks of flooding and sea-level rise, 105 and the development of plans and policies that allow communities 106 to prepare for threats from flooding and sea-level rise. 107 (c) A vulnerability assessment conducted pursuant to 108 paragraph (b) must encompass an entire county or municipality 109 and must use the most recent publicly available Digital 110 Elevation Model and dynamic modeling techniques, if available. 111 1. The assessment must include an analysis of the 112 vulnerability of and risks to critical assets, including 113 regionally significant assets, owned or managed by the county or 114 municipality. 115 2. Upon completion of a vulnerability assessment, the 116 county or municipality shall submit to the department the 117 following: 118 a. A report detailing the findings of the assessment. 119 b. All electronic mapping data used to illustrate flooding 120 and sea-level rise impacts identified in the assessment. When 121 submitting such data, the county or municipality shall include: 122 (I) Geotechnical data in an electronic file format suitable 123 for input to the department’s mapping tool. 124 (II) Geographic Information System data that has been 125 projected into the appropriate Florida State Plane Coordinate 126 System and that is suitable for the department’s mapping tool. 127 The county or municipality must also submit metadata using 128 standards prescribed by the department. 129 c. A list of critical assets, including regionally 130 significant assets, that are impacted by flooding and sea-level 131 rise. 132 (d) A vulnerability assessment conducted for a county or 133 municipality subject to the requirements of s. 163.3178(2)(f) 134 must include: 135 1. A peril of flood analysis that addresses the 136 requirements of s. 163.3178(2)(f). 137 2. The depth of sea-level rise, calculated using the North 138 American Vertical Datum of 1988, expected for the county or 139 municipality using, at a minimum, all of the following: 140 a. Two local sea-level rise scenarios, which must equal or 141 exceed the 2017 National Oceanic and Atmospheric Administration 142 intermediate-low and intermediate-high sea-level rise 143 projections. 144 b. At least two planning horizons that must be, at a 145 minimum, 20 years and 50 years from the date of the assessment. 146 c. Local sea-level rise data that has been interpolated 147 between the two closest coastal tide gauges with National 148 Oceanic and Atmospheric Administration sea-level rise data. 149 3. The depth of expected storm surge flooding using Federal 150 Emergency Management Agency storm surge data. The storm surge 151 flood depth used must equal or exceed the 100-year flood event 152 and must be calculated using the North American Vertical Datum 153 of 1988. 154 4. The depth of potential future flooding from combinations 155 of sea-level rise, storm surge, and high tides using, at a 156 minimum, all of the following: 157 a. Two local sea-level rise scenarios, which must equal or 158 exceed the 2017 National Oceanic and Atmospheric Administration 159 intermediate-low and intermediate-high sea-level rise 160 projections. 161 b. At least two planning horizons that must be, at a 162 minimum, 20 years and 50 years from the date of the assessment. 163 c. Local sea-level rise data that has been interpolated 164 between the two closest coastal tide gauges with National 165 Oceanic and Atmospheric Administration sea-level rise data. 166 d. The depth of expected storm surge flooding using Federal 167 Emergency Management Agency storm surge data. The storm surge 168 flood depth used must equal or exceed the 100-year flood event 169 and must be calculated using the North American Vertical Datum 170 of 1988. 171 e. Future high tide flooding, which must be derived using 172 National Oceanic and Atmospheric Administration Technical Report 173 NOS CO-OPS 086. 174 (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA 175 LEVEL RISE DATA SET AND ASSESSMENT.— 176 (a) By July 1, 2022, the department shall complete the 177 development of a comprehensive statewide flood vulnerability and 178 sea-level rise data set sufficient to conduct a comprehensive 179 statewide flood vulnerability and sea-level rise assessment. 180 1. The Chief Science Officer shall, in coordination with 181 necessary experts and resources, develop statewide sea-level 182 rise projections that incorporate temporal and spatial 183 variability, to the extent practicable, for inclusion in the 184 data set. 185 2. The data set must include information necessary to 186 determine the risks to inland and coastal communities, such as 187 elevation, tidal levels, and precipitation. 188 (b) By July 1, 2023, the department shall complete a 189 comprehensive statewide flood vulnerability and sea-level rise 190 assessment that identifies inland and coastal infrastructure, 191 geographic areas, and communities in this state which are 192 vulnerable to flooding and sea-level rise and the associated 193 risks. 194 1. The department shall use the comprehensive statewide 195 flood vulnerability and sea-level rise data set to conduct the 196 assessment. 197 2. The assessment must incorporate local and regional 198 analyses of vulnerabilities and risks. 199 3. The assessment must include an inventory of critical 200 assets, including regionally significant assets, which are 201 essential for critical government and business functions, 202 national security, public health and safety, the economy, flood 203 and storm protection, water quality management, and wildlife 204 habitat management, and must identify and analyze the 205 vulnerability of and risks to such critical assets. 206 (c) The department shall update the comprehensive statewide 207 flood vulnerability and sea-level rise data set and assessment 208 every 3 years. The department may update the data set and 209 assessment more frequently if it determines that updates are 210 necessary to maintain the validity of the data set and 211 assessment. 212 (5) STATEWIDE FLOODING AND SEA-LEVEL RISE RESILIENCE PLAN.— 213 (a) By December 1, 2021, and each December 1 thereafter, 214 the department shall develop a Statewide Flooding and Sea-Level 215 Rise Resilience Plan on a 3-year planning horizon and submit it 216 to the Governor, the President of the Senate, and the Speaker of 217 the House of Representatives. The plan must consist of ranked 218 projects that address risks of flooding and sea-level rise to 219 coastal and inland communities in this state. 220 (b) The plan submitted by December 1, 2021, before the 221 comprehensive statewide flood vulnerability and sea-level rise 222 assessment is completed, will be a preliminary plan that 223 addresses risks of flooding and sea-level rise identified in 224 local government vulnerability assessments. The plan submitted 225 by December 1, 2022, will be an update to the preliminary plan. 226 The plan submitted by December 1, 2023, and each plan submitted 227 by each December 1 thereafter, shall address risks of flooding 228 and sea-level rise identified in the comprehensive statewide 229 flood vulnerability and sea-level rise assessment. 230 (c) Each plan submitted by the department pursuant to this 231 subsection must include the following information for each 232 recommended project: 233 1. A description of the project. 234 2. The location of the project. 235 3. An estimate of how long the project will take to 236 complete. 237 4. An estimate of the cost of the project. 238 5. The cost-share percentage available for the project. 239 6. A summary of the priority score assigned to the project. 240 (d) By September 1, 2021, and each September 1 thereafter, 241 each water management district shall submit to the department a 242 list of proposed projects that mitigate or eliminate risks of 243 flooding or sea-level rise and a corresponding evaluation of 244 each project. 245 1. Local governments and regional entities whose 246 responsibilities include addressing flooding or sea-level rise 247 may submit to the water management district proposed projects 248 that mitigate or eliminate risks of flooding or sea-level rise. 249 2. Water management districts shall evaluate the proposed 250 projects to assess the degree to which the project addresses: 251 a. Threats to critical assets, including regionally 252 significant assets, and reductions of future damage costs. 253 b. Risks identified in local government vulnerability 254 assessments or the comprehensive statewide flood vulnerability 255 and sea-level rise assessment, as applicable. 256 3. Each project submitted by a water management district 257 for consideration by the department for inclusion in the plan 258 must include: 259 a. A description of the project. 260 b. The location of the project. 261 c. An estimate of how long the project will take to 262 complete. 263 d. An estimate of the cost of the project. 264 e. The cost-share percentage available for the project. 265 (e) Each project included in the plan must have a minimum 266 50 percent cost share. 267 (f) To be eligible for inclusion in the plan, a project 268 must address risks to a critical asset identified in a local 269 government vulnerability assessment or the comprehensive 270 statewide flood vulnerability and sea-level rise assessment, as 271 applicable. 272 (g) Projects ineligible for inclusion in the plan include, 273 but are not limited to: 274 1. Aesthetic vegetation. 275 2. Recreational structures such as piers, docks, and 276 boardwalks. 277 3. Water quality components of stormwater and wastewater 278 management systems, except projects to prevent saltwater 279 intrusion. 280 4. Maintenance and repair of over-walks. 281 5. Park activities and facilities, except projects to 282 control flooding or erosion. 283 6. Navigation construction, operation, and maintenance 284 activities. 285 7. Projects that provide only recreational benefits. 286 (h) The department shall implement a scoring system for 287 assessing each project submitted by water management districts 288 for inclusion in the plan. The scoring system must include the 289 following tiers and associated criteria: 290 1. Tier 1 must account for 50 percent of the total score 291 and consist of all of the following criteria: 292 a. The degree to which the project addresses the risks 293 posed by flooding and sea-level rise identified in the local 294 government vulnerability assessments or the comprehensive 295 statewide flood vulnerability and sea-level rise assessment, as 296 applicable. 297 b. The degree to which the project addresses risks to 298 regionally significant assets. 299 c. The degree to which the project reduces risks to areas 300 with an overall higher percentage of vulnerable critical assets. 301 2. Tier 2 must account for 20 percent of the total score 302 and consist of all of the following criteria: 303 a. The availability of local, state, and federal matching 304 funds, considering the cost-share percentage, the status of the 305 funding award, and federal authorization, if applicable. 306 b. Previous state commitment and involvement in the 307 project, considering previously funded phases, the total amount 308 of previous state funding, and previous partial appropriations 309 for the proposed project. 310 c. The overall readiness of the project to proceed in a 311 timely manner, considering the project’s readiness for the 312 construction phase of development, the status of required 313 permits, the status of any needed easement acquisition, and the 314 availability of local funding sources. 315 d. The cost-effectiveness of the project. 316 3. Tier 3 must account for 20 percent of the total score 317 and consist of all of the following criteria: 318 a. The current condition of the project area, including any 319 recent impacts from storm damage. 320 b. The use of practices that reduce losses due to flooding 321 and claims made under flood insurance policies issued in this 322 state. 323 c. The degree to which the project contributes to existing 324 flooding mitigation projects that reduce upland damage costs by 325 incorporating new or enhanced structures or restoration and 326 revegetation projects. 327 d. The exceedance of the flood-resistant construction 328 requirements of the Florida Building Code and applicable flood 329 plain management regulations. 330 4. Tier 4 must account for 10 percent of the total score 331 and consist of all of the following criteria: 332 a. The proposed innovative technologies designed to reduce 333 project costs and provide regional collaboration. 334 b. The environmental habitat enhancement or the inclusion 335 of nature-based options for resilience, prioritizing state or 336 federal critical habitat areas for threatened or endangered 337 species. 338 c. The assistance to financially disadvantaged communities. 339 (i) The total amount of funding proposed in the plan may 340 not exceed $100 million. Upon review and subject to 341 appropriation, the Legislature shall approve funding for the 342 projects as specified in the plan. Multiyear projects that 343 receive funding for the first year of the project must be 344 included in subsequent plans and funded until the project is 345 complete, provided that the project sponsor has complied with 346 all contractual obligations and funds are available. 347 (6) REGIONAL RESILIENCE COALITIONS.— 348 (a) Counties and municipalities may enter into agreements 349 to form regional resilience coalitions for the purpose of 350 planning for the resilience needs of communities and 351 coordinating intergovernmental solutions to mitigate adverse 352 impacts of flooding and sea-level rise. 353 (b) Regional resilience coalitions may provide technical 354 assistance to counties and municipalities in: 355 1. Preparing and conducting vulnerability assessments and 356 developing plans and policies funded by the Resilient Florida 357 Grant Program. 358 2. Developing project proposals to be submitted for 359 inclusion in the Statewide Flooding and Sea-Level Rise 360 Resilience Plan and implementing projects that are approved for 361 funding. 362 (c) Subject to specific legislative appropriation, the 363 department may provide funding to regional resilience coalitions 364 for the purpose of carrying out the duties under this section. 365 Section 2. Section 380.0933, Florida Statutes, is created 366 to read: 367 380.0933 Florida Flood Hub for Applied Research and 368 Innovation.— 369 (1) The Florida Flood Hub for Applied Research and 370 Innovation is established within the University of South Florida 371 College of Marine Science to coordinate efforts between the 372 academic and research institutions of this state. The University 373 of South Florida College of Marine Science will serve as the 374 lead institution and engage other academic and research 375 institutions, private partners, and financial sponsors to 376 coordinate efforts to support applied research and innovation to 377 address the flooding and sea-level rise challenges of this 378 state. 379 (2) The hub shall, at a minimum: 380 (a) Organize existing data needs for a comprehensive 381 statewide flood vulnerability and sea-level rise analysis and 382 perform a gap analysis to determine data needs. 383 (b) Develop statewide open source hydrologic models for 384 physically based flood frequency estimation and real-time 385 forecasting of floods, including hydraulic models of floodplain 386 inundation mapping, real-time compound and tidal flooding 387 forecasts, future groundwater elevation conditions, and economic 388 damage and loss estimates. 389 (c) Coordinate research funds from the state, the federal 390 government, or other funding sources for related hub activities 391 across all participating entities. 392 (d) Establish community-based programs to improve flood 393 monitoring and prediction along major waterways, including 394 intracoastal waterways and coastlines, of this state and to 395 support ongoing flood research. 396 (e) Coordinate with agencies, including, but not limited 397 to, the department and water management districts. 398 (f) Share its resources and expertise. 399 (g) Assist in the development of training and a workforce 400 in this state that is knowledgeable about flood and sea-level 401 rise research, prediction, and adaptation and mitigation 402 strategies. 403 (h) Develop opportunities to partner with other flood and 404 sea-level rise research and innovation leaders for sharing 405 technology or research. 406 (i) Conduct the activities under this subsection in 407 cooperation with various local, state, and federal government 408 entities as well as other flood and sea-level rise research 409 centers. 410 (3) The hub shall employ an executive director. 411 (4) By July 1, 2022, and each July 1 thereafter, the hub 412 shall provide an annual comprehensive report to the Governor, 413 the President of the Senate, and the Speaker of the House of 414 Representatives that outlines its clearly defined goals and its 415 efforts and progress on reaching such goals. 416 Section 3. Subsections (3) through (7) of section 403.928, 417 Florida Statutes, are amended to read: 418 403.928 Assessment of water resources and conservation 419 lands.—The Office of Economic and Demographic Research shall 420 conduct an annual assessment of Florida’s water resources and 421 conservation lands. 422 (3) ASSESSMENT REQUIREMENTS.—The assessment must: 423 (a)shallInclude analyses on a statewide, regional, or 424 geographic basis, as appropriate, and shall identify analytical 425 challenges in assessing information across the different regions 426 of thisthestate. 427 (b)(4)The assessment mustIdentify any overlap in the 428 expenditures for water resources and conservation lands. 429 (4) INLAND AND COASTAL FLOOD CONTROL.—Beginning with the 430 assessment due by January 1, 2022, the Office of Economic and 431 Demographic Research shall include in the assessment an analysis 432 of future expenditures by federal, state, regional, and local 433 governments required to achieve the Legislature’s intent of 434 minimizing the adverse economic effects of inland and coastal 435 flooding, thereby decreasing the likelihood of severe 436 dislocations or disruptions in the economy and preserving the 437 value of real and natural assets to the extent economically 438 feasible. To the extent possible, the analysis must evaluate the 439 cost of resilience efforts necessary to address inland and 440 coastal flooding associated with sea-level rise, high tide 441 events, storm surge, flash flooding, stormwater runoff, and 442 increased annual precipitation over a 50-year planning horizon. 443 At such time that dedicated revenues are provided in law for 444 these purposes or that recurring expenditures are made, the 445 analysis must also identify the gap, if any, between the 446 estimated revenues and the projected expenditures. 447 (5) ASSESSMENT ASSISTANCE.— 448 (a) The water management districts, the Department of 449 Environmental Protection, the Department of Agriculture and 450 Consumer Services, the Fish and Wildlife Conservation 451 Commission, counties, municipalities, and special districts 452 shall provide assistance to the Office of Economic and 453 Demographic Research related to their respective areas of 454 expertise. 455 (b)(6)The Office of Economic and Demographic Research must 456 be given access to any data held by an agency as defined in s. 457 112.312 if the Office of Economic and Demographic Research 458 considers the data necessary to complete the assessment, 459 including any confidential data. 460 (6)(7)ASSESSMENT SUBMISSION.—The assessment shall be 461 submitted to the President of the Senate and the Speaker of the 462 House of Representatives by January 1, 2017, and by January 1 of 463 each year thereafter. 464 Section 4. This act shall take effect upon becoming a law.