Bill Text: FL S1954 | 2021 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2021 CS for CS for SB 1954 By the Committees on Appropriations; and Environment and Natural Resources; and Senators Rodrigues and Garcia 576-03662-21 20211954c2 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; providing definitions; 5 establishing the Resilient Florida Grant Program 6 within the Department of Environmental Protection; 7 authorizing the department to provide grants to local 8 governments to fund the costs of community resilience 9 planning, subject to appropriation; providing 10 requirements for certain local government 11 vulnerability assessments; requiring the department to 12 complete a comprehensive statewide flood vulnerability 13 and sea level rise data set and assessment by 14 specified dates; specifying requirements for such data 15 set and assessment; requiring the department to 16 develop an annual Statewide Flooding and Sea Level 17 Rise Resilience Plan and submit the plan to the 18 Governor and Legislature by a specified date; 19 specifying requirements for the plan; authorizing 20 local governments, regional resilience entities, water 21 management districts, and flood control districts to 22 annually submit proposed projects to the department 23 for inclusion in the plan; specifying requirements for 24 such projects; specifying expenses that are ineligible 25 for inclusion in the plan; requiring the department to 26 implement a scoring system for assessing projects 27 eligible for inclusion in the plan; limiting the total 28 amount of funding that may be proposed for each year 29 of the plan; requiring the Legislature, upon review 30 and subject to appropriation, to approve funding for 31 projects as specified in the plan; directing the 32 department to initiate rulemaking by a specified date; 33 authorizing the department to provide funding to 34 regional resilience entities for specified purposes, 35 subject to specified appropriation; creating s. 36 380.0933, F.S.; establishing the Florida Flood Hub for 37 Applied Research and Innovation within the University 38 of South Florida College of Marine Science for a 39 specified purpose; providing duties of the hub; 40 providing for an executive director; requiring the hub 41 to submit an annual report to the Governor and 42 Legislature by a specified date; amending s. 403.928, 43 F.S.; requiring the Office of Economic and Demographic 44 Research to include specified information relating to 45 inland and coastal flood control in certain 46 assessments; providing an effective date. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. Section 380.093, Florida Statutes, is created to 51 read: 52 380.093 Statewide Flooding and Sea Level Rise Resilience 53 Plan.— 54 (1) LEGISLATIVE INTENT.— 55 (a) The Legislature recognizes that the state is 56 particularly vulnerable to adverse impacts from flooding 57 resulting from increases in frequency and duration of rainfall 58 events, storm surge from more frequent and severe weather 59 systems, and sea level rise. Such adverse impacts pose economic, 60 social, environmental, and public health and safety challenges 61 to the state. To most effectively address these challenges, 62 funding should be allocated in a manner that prioritizes 63 addressing the most significant risks. 64 (b) The Legislature further recognizes that the adverse 65 impacts of flooding and sea level rise affect coastal and inland 66 communities all across the state. Consequently, a coordinated 67 approach is necessary to maximize the benefit of efforts to 68 address such impacts and to improve the state’s resilience to 69 flooding and sea level rise. 70 (c) The Legislature further recognizes that to effectively 71 and efficiently address and prepare for the adverse impacts of 72 flooding and sea level rise in the state, it is necessary to 73 conduct a comprehensive statewide assessment of the specific 74 risks posed to the state by flooding and sea level rise and 75 develop a statewide coordinated approach to addressing such 76 risks. 77 (2) DEFINITIONS.—As used in this section, the term: 78 (a) “Critical asset” includes: 79 1. Transportation assets and evacuation routes, including 80 airports, bridges, bus terminals, ports, major roadways, 81 marinas, rail facilities, and railroad bridges. 82 2. Critical infrastructure, including wastewater treatment 83 facilities and lift stations, stormwater treatment facilities 84 and pump stations, drinking water facilities, water utility 85 conveyance systems, electric production and supply facilities, 86 solid and hazardous waste facilities, military installations, 87 communications facilities, and disaster debris management sites. 88 3. Critical community and emergency facilities, including 89 schools, colleges, universities, community centers, correctional 90 facilities, disaster recovery centers, emergency medical service 91 facilities, emergency operation centers, fire stations, health 92 care facilities, hospitals, law enforcement facilities, local 93 government facilities, logistical staging areas, affordable 94 public housing, risk shelter inventory, and state government 95 facilities. 96 4. Natural, cultural, and historical resources, including 97 conservation lands, parks, shorelines, surface waters, wetlands, 98 and historical and cultural assets. 99 (b) “Department” means the Department of Environmental 100 Protection. 101 (3) RESILIENT FLORIDA GRANT PROGRAM.— 102 (a) The Resilient Florida Grant Program is established 103 within the department. 104 (b) Subject to appropriation, the department may provide 105 grants to a county or municipality to fund the costs of 106 community resilience planning and necessary data collection for 107 such planning, including comprehensive plan amendments and 108 necessary corresponding analyses that address the requirements 109 of s. 163.3178(2)(f); vulnerability assessments that identify or 110 address risks of flooding and sea level rise; the development of 111 projects, plans, and policies that allow communities to prepare 112 for threats from flooding and sea level rise; and projects to 113 adapt critical assets to the effects of flooding and sea level 114 rise. 115 (c) A vulnerability assessment conducted pursuant to 116 paragraph (b) must encompass the entire county or municipality, 117 or a smaller area if approved by the department; include all 118 assets owned or maintained by the grant applicant; and use the 119 most recent publicly available Digital Elevation Model and 120 dynamic modeling techniques, if available. Locally collected 121 elevation data may also be included as part of the assessment as 122 long as it is submitted to the department pursuant to this 123 paragraph. 124 1. The assessment must include an analysis of the 125 vulnerability of and risks to critical assets, including 126 regionally significant assets, owned or managed by the county or 127 municipality. 128 2. Upon completion of a vulnerability assessment, the 129 county or municipality shall submit to the department the 130 following: 131 a. A report detailing the findings of the assessment. 132 b. All electronic mapping data used to illustrate flooding 133 and sea level rise impacts identified in the assessment. When 134 submitting such data, the county or municipality shall include: 135 (I) Geospatial data in an electronic file format suitable 136 for input to the department’s mapping tool. 137 (II) Geographic Information System data that has been 138 projected into the appropriate Florida State Plane Coordinate 139 System and that is suitable for the department’s mapping tool. 140 The county or municipality must also submit metadata using 141 standards prescribed by the department. 142 c. A list of critical assets, including regionally 143 significant assets, that are impacted by flooding and sea level 144 rise. 145 (d) A vulnerability assessment conducted pursuant to 146 paragraph (b) must include all of the following, if applicable: 147 1. Peril of flood comprehensive plan amendments that 148 address the requirements of s. 163.3178(2)(f), if the county or 149 municipality is subject to such requirements and has not 150 complied with such requirements as determined by the Department 151 of Economic Opportunity. 152 2. The depth of: 153 a. Tidal flooding, including future high tide flooding, 154 which must use thresholds published and provided by the 155 department. To the extent practicable, the analysis should also 156 geographically display the number of tidal flood days expected 157 for each scenario and planning horizon. 158 b. Current and future storm surge flooding using publicly 159 available National Oceanic and Atmospheric Administration or 160 Federal Emergency Management Agency storm surge data. The 161 initial storm surge event used must equal or exceed the current 162 100-year flood event. Higher frequency storm events may be 163 analyzed to understand the exposure of a critical asset. 164 c. To the extent practicable, rainfall-induced flooding 165 using spatiotemporal analysis or existing hydrologic and 166 hydraulic modeling results. Future boundary conditions should be 167 modified to consider sea level rise and high tide conditions. 168 d. To the extent practicable, compound flooding or the 169 combination of tidal, storm surge, and rainfall-induced 170 flooding. 171 3. The following scenarios and standards: 172 a. All analyses in the North American Vertical Datum of 173 1988. 174 b. At least two local sea level rise scenarios, which must 175 include the 2017 National Oceanic and Atmospheric Administration 176 intermediate-low and intermediate-high sea level rise 177 projections. 178 c. At least two planning horizons that include planning 179 horizons for the years 2040 and 2070. 180 d. Local sea level data that has been interpolated between 181 the two closest National Oceanic and Atmospheric Administration 182 tide gauges. Local sea level data may be taken from one such 183 gauge if the gauge has a higher mean sea level. Data taken from 184 an alternate tide gauge may be used with appropriate rationale 185 and department approval, as long as it is publicly available or 186 submitted to the department pursuant to paragraph (b). 187 (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA 188 LEVEL RISE DATA SET AND ASSESSMENT.— 189 (a) By July 1, 2022, the department shall complete the 190 development of a comprehensive statewide flood vulnerability and 191 sea level rise data set sufficient to conduct a comprehensive 192 statewide flood vulnerability and sea level rise assessment. In 193 developing the data set, the department shall compile, analyze, 194 and incorporate, as appropriate, information related to 195 vulnerability assessments submitted to the department pursuant 196 to subsection (3) or any previously completed assessments that 197 meet the requirements of subsection (3). 198 1. The Chief Science Officer shall, in coordination with 199 necessary experts and resources, develop statewide sea level 200 rise projections that incorporate temporal and spatial 201 variability, to the extent practicable, for inclusion in the 202 data set. This subparagraph does not supersede regionally 203 adopted projections. 204 2. The data set must include information necessary to 205 determine the risks to inland and coastal communities, 206 including, but not limited to, elevation, tidal levels, and 207 precipitation. 208 (b) By July 1, 2023, the department shall complete a 209 comprehensive statewide flood vulnerability and sea level rise 210 assessment that identifies inland and coastal infrastructure, 211 geographic areas, and communities in the state that are 212 vulnerable to flooding and sea level rise and the associated 213 risks. 214 1. The department shall use the comprehensive statewide 215 flood vulnerability and sea level rise data set to conduct the 216 assessment. 217 2. The assessment must incorporate local and regional 218 analyses of vulnerabilities and risks, including, as 219 appropriate, local mitigation strategies and postdisaster 220 redevelopment plans. 221 3. The assessment must include an inventory of critical 222 assets, including regionally significant assets, that are 223 essential for critical government and business functions, 224 national security, public health and safety, the economy, flood 225 and storm protection, water quality management, and wildlife 226 habitat management, and must identify and analyze the 227 vulnerability of and risks to such critical assets. When 228 identifying critical assets for inclusion in the assessment, the 229 department shall also take into consideration the critical 230 assets identified by local governments and submitted to the 231 department pursuant to subsection (3). 232 (c) The department shall update the comprehensive statewide 233 flood vulnerability and sea level rise data set and assessment 234 every 5 years. The department may update the data set and 235 assessment more frequently if it determines that updates are 236 necessary to maintain the validity of the data set and 237 assessment. 238 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.— 239 (a) By December 1, 2021, and each December 1 thereafter, 240 the department shall develop a Statewide Flooding and Sea Level 241 Rise Resilience Plan on a 3-year planning horizon and submit it 242 to the Governor, the President of the Senate, and the Speaker of 243 the House of Representatives. The plan must consist of ranked 244 projects that address risks of flooding and sea level rise to 245 coastal and inland communities in the state. 246 (b) The plan submitted by December 1, 2021, before the 247 comprehensive statewide flood vulnerability and sea level rise 248 assessment is completed, will be a preliminary plan that 249 addresses risks of flooding and sea level rise identified in 250 available local government vulnerability assessments. The plan 251 submitted by December 1, 2022, will be an update to the 252 preliminary plan. The plan submitted by December 1, 2023, and 253 each plan submitted by December 1 thereafter, shall address 254 risks of flooding and sea level rise identified in the 255 comprehensive statewide flood vulnerability and sea level rise 256 assessment. 257 (c) Each plan submitted by the department pursuant to this 258 subsection must include the following information for each 259 recommended project: 260 1. A description of the project. 261 2. The location of the project. 262 3. An estimate of how long the project will take to 263 complete. 264 4. An estimate of the cost of the project. 265 5. The cost-share percentage available for the project. 266 6. A summary of the priority score assigned to the project. 267 7. The project sponsor. 268 (d)1. By September 1, 2021, and each September 1 269 thereafter, counties, municipalities, and regional resilience 270 entities may submit to the department a list of proposed 271 projects that address risks of flooding or sea level rise 272 identified in vulnerability assessments that meet the 273 requirements of subsection (3). 274 2. By September 1, 2021, and each September 1 thereafter, 275 each water management district and flood control district may 276 submit to the department a list of any proposed projects that 277 mitigate the risks of flooding or sea level rise on water 278 supplies or water resources of the state and a corresponding 279 evaluation of each project. 280 3. Each project submitted to the department by a county, 281 municipality, regional resilience entity, water management 282 district, or flood control district for consideration by the 283 department for inclusion in the plan must include: 284 a. A description of the project. 285 b. The location of the project. 286 c. An estimate of how long the project will take to 287 complete. 288 d. An estimate of the cost of the project. 289 e. The cost-share percentage available for the project. 290 (e) Each project included in the plan must have a minimum 291 50 percent cost-share unless the project assists or is within a 292 financially disadvantaged small community. For purposes of this 293 section, the term “financially disadvantaged small community” 294 means: 295 1. A municipality that has a population of 10,000 or fewer, 296 according to the most recent April 1 population estimates posted 297 on the Office of Economic and Demographic Research’s website and 298 a per capita annual income that is less than the state’s per 299 capita annual income as shown in the most recent release from 300 the Bureau of the Census of the United States Department of 301 Commerce that includes both measurements; or 302 2. A county that has a population of 50,000 or fewer, 303 according to the most recent April 1 population estimates posted 304 on the Office of Economic and Demographic Research’s website and 305 a per capita annual income that is less than the state’s per 306 capita annual income as shown in the most recent release from 307 the Bureau of the Census of the United States Department of 308 Commerce that includes both measurements. 309 (f) To be eligible for inclusion in the plan, a project 310 must have been submitted by a county, municipality, regional 311 resilience entity, water management district, or flood control 312 district pursuant to paragraph (d) or must have been identified 313 in the comprehensive statewide flood vulnerability and sea level 314 rise assessment, as applicable. 315 (g) Expenses ineligible for inclusion in the plan include, 316 but are not limited to, expenses associated with: 317 1. Aesthetic vegetation. 318 2. Recreational structures such as piers, docks, and 319 boardwalks. 320 3. Water quality components of stormwater and wastewater 321 management systems, except expenses to prevent saltwater 322 intrusion unless such expenses are used to mitigate water 323 quality impacts caused by the project. 324 4. Maintenance and repair of over-walks. 325 5. Park activities and facilities, except expenses to 326 control flooding or erosion. 327 6. Navigation construction, operation, and maintenance 328 activities. 329 7. Projects that provide only recreational benefits. 330 (h) The department shall implement a scoring system for 331 assessing each project eligible for inclusion in the plan 332 pursuant to this subsection. The scoring system must include the 333 following tiers and associated criteria: 334 1. Tier 1 must account for 40 percent of the total score 335 and consist of all of the following criteria: 336 a. The degree to which the project addresses the risks 337 posed by flooding and sea level rise identified in the local 338 government vulnerability assessments or the comprehensive 339 statewide flood vulnerability and sea level rise assessment, as 340 applicable. 341 b. The degree to which the project addresses risks to 342 regionally significant assets. 343 c. The degree to which the project reduces risks to areas 344 with an overall higher percentage of vulnerable critical assets. 345 d. The degree to which the project contributes to existing 346 flooding mitigation projects that reduce upland damage costs by 347 incorporating new or enhanced structures or restoration and 348 revegetation projects. 349 2. Tier 2 must account for 30 percent of the total score 350 and consist of all of the following criteria: 351 a. The degree to which flooding and erosion currently 352 affect the condition of the project area. 353 b. The overall readiness of the project to proceed in a 354 timely manner, considering the project’s readiness for the 355 construction phase of development, the status of required 356 permits, the status of any needed easement acquisition, and the 357 availability of local funding sources. 358 c. The environmental habitat enhancement or inclusion of 359 nature-based options for resilience, with priority given to 360 state or federal critical habitat areas for threatened or 361 endangered species. 362 d. The cost-effectiveness of the project. 363 3. Tier 3 must account for 20 percent of the total score 364 and consist of all of the following criteria: 365 a. The availability of local, state, and federal matching 366 funds, considering the status of the funding award, and federal 367 authorization, if applicable. 368 b. Previous state commitment and involvement in the 369 project, considering previously funded phases, the total amount 370 of previous state funding, and previous partial appropriations 371 for the proposed project. 372 c. The exceedance of the flood-resistant construction 373 requirements of the Florida Building Code and applicable flood 374 plain management regulations. 375 4. Tier 4 must account for 10 percent of the total score 376 and consist of all of the following criteria: 377 a. The proposed innovative technologies designed to reduce 378 project costs and provide regional collaboration. 379 b. The extent to which the project assists financially 380 disadvantaged communities. 381 (i) The total amount of funding proposed for each year of 382 the plan may not exceed $100 million. Upon review and subject to 383 appropriation, the Legislature shall approve funding for the 384 projects as specified in the plan. Multi-year projects that 385 receive funding for the first year of the project must be 386 included in subsequent plans and funded until the project is 387 complete, provided that the project sponsor has complied with 388 all contractual obligations and funds are available. 389 (j) The department shall initiate rulemaking by August 1, 390 2021, to implement this section. 391 (6) REGIONAL RESILIENCE ENTITIES.—Subject to specific 392 legislative appropriation, the department may provide funding 393 for the following purposes to regional entities that are 394 established by general purpose local governments and whose 395 responsibilities include planning for the resilience needs of 396 communities and coordinating intergovernmental solutions to 397 mitigate adverse impacts of flooding and sea level rise: 398 (a) Providing technical assistance to counties and 399 municipalities. 400 (b) Coordinating multijurisdictional vulnerability 401 assessments. 402 (c) Developing project proposals to be submitted for 403 inclusion in the Statewide Flooding and Sea Level Rise 404 Resilience Plan. 405 Section 2. Section 380.0933, Florida Statutes, is created 406 to read: 407 380.0933 Florida Flood Hub for Applied Research and 408 Innovation.— 409 (1) The Florida Flood Hub for Applied Research and 410 Innovation is established within the University of South Florida 411 College of Marine Science to coordinate efforts between the 412 academic and research institutions of the state. The University 413 of South Florida College of Marine Science or its successor 414 entity will serve as the lead institution and engage other 415 academic and research institutions, private partners, and 416 financial sponsors to coordinate efforts to support applied 417 research and innovation to address the flooding and sea level 418 rise challenges of the state. 419 (2) The hub shall, at a minimum: 420 (a) Organize existing data needs for a comprehensive 421 statewide flood vulnerability and sea level rise analysis and 422 perform a gap analysis to determine data needs. 423 (b) Develop statewide open source hydrologic models for 424 physically based flood frequency estimation and real-time 425 forecasting of floods, including hydraulic models of floodplain 426 inundation mapping, real-time compound and tidal flooding 427 forecasts, future groundwater elevation conditions, and economic 428 damage and loss estimates. 429 (c) Coordinate research funds from the state, the federal 430 government, or other funding sources for related hub activities 431 across all participating entities. 432 (d) Establish community-based programs to improve flood 433 monitoring and prediction along major waterways, including 434 intracoastal waterways and coastlines, of the state and to 435 support ongoing flood research. 436 (e) Coordinate with agencies, including, but not limited 437 to, the Department of Environmental Protection and water 438 management districts. 439 (f) Share its resources and expertise. 440 (g) Assist in the development of training and a workforce 441 in the state that is knowledgeable about flood and sea level 442 rise research, prediction, and adaptation and mitigation 443 strategies. 444 (h) Develop opportunities to partner with other flood and 445 sea level rise research and innovation leaders for sharing 446 technology or research. 447 (i) Conduct the activities under this subsection in 448 cooperation with various local, state, and federal government 449 entities as well as other flood and sea level rise research 450 centers. 451 (3) The hub shall employ an executive director. 452 (4) By July 1, 2022, and each July 1 thereafter, the hub 453 shall provide an annual comprehensive report to the Governor, 454 the President of the Senate, and the Speaker of the House of 455 Representatives that outlines its clearly defined goals and its 456 efforts and progress on reaching such goals. 457 Section 3. Subsections (3) through (7) of section 403.928, 458 Florida Statutes, are amended to read: 459 403.928 Assessment of water resources and conservation 460 lands.—The Office of Economic and Demographic Research shall 461 conduct an annual assessment of Florida’s water resources and 462 conservation lands. 463 (3) ASSESSMENT REQUIREMENTS.—The assessment must: 464 (a)shallInclude analyses on a statewide, regional, or 465 geographic basis, as appropriate, andshallidentify analytical 466 challenges in assessing information across the different regions 467 of the state. 468 (b)(4)The assessment mustIdentify any overlap in the 469 expenditures for water resources and conservation lands. 470 (4) INLAND AND COASTAL FLOOD CONTROL.—Beginning with the 471 assessment due by January 1, 2022, the Office of Economic and 472 Demographic Research shall include in the assessment an analysis 473 of future expenditures by federal, state, regional, and local 474 governments required to achieve the Legislature’s intent of 475 minimizing the adverse economic effects of inland and coastal 476 flooding, thereby decreasing the likelihood of severe 477 dislocations or disruptions in the economy and preserving the 478 value of real and natural assets to the extent economically 479 feasible. To the extent possible, the analysis must evaluate the 480 cost of the resilience efforts necessary to address inland and 481 coastal flooding associated with sea level rise, high tide 482 events, storm surge, flash flooding, stormwater runoff, and 483 increased annual precipitation over a 50-year planning horizon. 484 At such time that dedicated revenues are provided in law for 485 these purposes or that recurring expenditures are made, the 486 analysis must also identify the gap, if any, between the 487 estimated revenues and the projected expenditures. 488 (5) ASSESSMENT ASSISTANCE.— 489 (a) The water management districts, the Department of 490 Environmental Protection, the Department of Agriculture and 491 Consumer Services, the Fish and Wildlife Conservation 492 Commission, counties, municipalities, and special districts 493 shall provide assistance to the Office of Economic and 494 Demographic Research related to their respective areas of 495 expertise. 496 (b)(6)The Office of Economic and Demographic Research must 497 be given access to any data held by an agency as defined in s. 498 112.312 if the Office of Economic and Demographic Research 499 considers the data necessary to complete the assessment, 500 including any confidential data. 501 (6)(7)ASSESSMENT SUBMISSION.—The assessment shall be 502 submitted to the President of the Senate and the Speaker of the 503 House of Representatives by January 1, 2017, and by January 1 of 504 each year thereafter. 505 Section 4. This act shall take effect upon becoming a law.