HOUSE AMENDMENT
                                                   Bill No. HB 363
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Transportation offered the following:
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13         Amendment (with title amendment) 
14         On page 1, between lines 22 and 23 of the bill
15  
16  insert:  
17         Section 2.  Subsection (1), paragraph (a) of subsection
18  (2), subsection (3), paragraph (b) of subsection (4),
19  subsections (5) and (6) of section 373.4137, Florida Statutes,
20  are amended and a new subsection (9) is added to that section
21  to read:
22         373.4137  Mitigation requirements.--
23         (1)  The Legislature finds that environmental
24  mitigation for the impact of transportation projects proposed
25  by the Department of Transportation, or a transportation
26  authority established under chapter 348 or chapter 349 and be
27  more effectively achieved by regional, long-range mitigation
28  planning rather than on a project-by-project basis.  It is the
29  intent of the Legislature that mitigation to offset the
30  adverse effects of these transportation projects be funded by
31  the Department of Transportation and be carried out by the
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    File original & 9 copies    04/11/01                          
    htr0002                     06:22 pm         00363-tr  -925717

HOUSE AMENDMENT Bill No. HB 363 Amendment No. 1 (for drafter's use only) 1 Department of Environmental Protection and the water 2 management districts, including the use of mitigation banks 3 established pursuant to this part. 4 (2) Environmental impact inventories for 5 transportation projects proposed by the Department of 6 Transportation, or a transportation authority established 7 under chapter 348 or chapter 349 shall be developed as 8 follows: 9 (a) By May 1 of each year, the Department of 10 Transportation, or a transportation authority established 11 under chapter 348 or chapter 349 shall submit to the 12 Department of Environmental Protection and the water 13 management districts a copy of its adopted work program and an 14 inventory of habitats addressed in the rules tentatively, 15 pursuant to this part and s. 404 of the Clean Water Act, 33 16 U.S.C. s. 1344, which may be impacted by its plan of 17 construction for transportation projects in the next 3 years 18 of the tentative work program. The Department of 19 Transportation may also include in its inventory the habitat 20 impacts of any future transportation project identified in the 21 tentative work program. 22 (3)(a) To fund the mitigation plan for the projected 23 impacts identified in the inventory described in subsection 24 (2), the Department of Transportation shall identify funds 25 quarterly in an escrow account within the State Transportation 26 Trust Fund for the environmental mitigation phase of projects 27 budgeted by the Department of Transportation for the current 28 fiscal year. The escrow account will be maintained by the 29 Department of Transportation for the benefit of the Department 30 of Environmental Protection and the water management 31 districts. Any interest earnings from the escrow account 2 File original & 9 copies 04/11/01 htr0002 06:22 pm 00363-tr -925717
HOUSE AMENDMENT Bill No. HB 363 Amendment No. 1 (for drafter's use only) 1 shall remain with the Department of Transportation. 2 (b) Each transportation authority established under 3 chapter 348 or chapter 349 that chooses to participate in this 4 program shall create an escrow account within its financial 5 structure and deposit funds in it to pay for the environmental 6 mitigation phase of projects budgeted for the current fiscal 7 year. The escrow account will be maintained by the authority 8 for the benefit of the Department of Environmental Protection 9 and the water management districts. Any interest earnings from 10 the escrow account shall remain with the authority. 11 (c) The Department of Environmental Protection or 12 water management districts may request a transfer of funds 13 from an the escrow account no sooner than 30 days prior to the 14 date the funds are needed to pay for activities associated 15 with development or implementation of the approved mitigation 16 plan described in subsection (4) for the current fiscal year, 17 including, but not limited to, design, engineering, 18 production, and staff support. Actual conceptual plan 19 preparation costs incurred before plan approval may be 20 submitted to the Department of Transportation or the 21 appropriate transportation authority, and the Department of 22 Environmental Protection by November 1 of each year with the 23 plan. The conceptual plan preparation costs of each water 24 management district will be paid based on the amount approved 25 on the mitigation plan and allocated to the current fiscal 26 year projects identified by the water management district. 27 The amount transferred to the escrow accounts account each 28 year by the Department of Transportation and participating 29 transportation authorities established under chapter 348 or 30 349 shall correspond to a cost per acre of $75,000 multiplied 31 by the projected acres of impact identified in the inventory 3 File original & 9 copies 04/11/01 htr0002 06:22 pm 00363-tr -925717
HOUSE AMENDMENT Bill No. HB 363 Amendment No. 1 (for drafter's use only) 1 described in subsection (2). However, the $75,000 cost per 2 acre does not constitute an admission against interest by the 3 state or its subdivisions nor is the cost admissible as 4 evidence of full compensation for any property acquired by 5 eminent domain or through inverse condemnation. Each July 1, 6 the cost per acre shall be adjusted by the percentage change 7 in the average of the Consumer Price Index issued by the 8 United States Department of Labor for the most recent 12-month 9 period ending September 30, compared to the base year average, 10 which is the average for the 12-month period ending September 11 30, 1996. At the end of each year, the projected acreage of 12 impact shall be reconciled with the acreage of impact of 13 projects as permitted, including permit modifications, 14 pursuant to this part and s. 404 of the Clean Water Act, 33 15 U.S.C. s. 1344. The subject year's transfer of funds shall be 16 adjusted accordingly to reflect the overtransfer or 17 undertransfer of funds from the preceding year. The Department 18 of Transportation and participating transportation authorities 19 established under chapter 348 or 349 are is authorized to 20 transfer such funds from the escrow account to the Department 21 of Environmental Protection and the water management districts 22 to carry out the mitigation programs. 23 (4) Prior to December 1 of each year, each water 24 management district, in consultation with the Department of 25 Environmental Protection, the United States Army Corps of 26 Engineers, the Department of Transportation, and participating 27 transportation authorities established under chapter 348 or 28 349 and other appropriate federal, state, and local 29 governments, and other interested parties, including entities 30 operating mitigation banks, shall develop a plan for the 31 primary purpose of complying with the mitigation requirements 4 File original & 9 copies 04/11/01 htr0002 06:22 pm 00363-tr -925717
HOUSE AMENDMENT Bill No. HB 363 Amendment No. 1 (for drafter's use only) 1 adopted pursuant to this part and 33 U.S.C. s. 1344. This 2 plan shall also address significant invasive plant problems 3 within wetlands and other surface waters. In developing such 4 plans, the districts shall utilize sound ecosystem management 5 practices to address significant water resource needs and 6 shall focus on activities of the Department of Environmental 7 Protection and the water management districts, such as surface 8 water improvement and management (SWIM) waterbodies and lands 9 identified for potential acquisition for preservation, 10 restoration, and enhancement, to the extent that such 11 activities comply with the mitigation requirements adopted 12 under this part and 33 U.S.C. s. 1344. In determining the 13 activities to be included in such plans, the districts shall 14 also consider the purchase of credits from public or private 15 mitigation banks permitted under s. 373.4136 and associated 16 federal authorization and shall include such purchase as a 17 part of the mitigation plan when such purchase would offset 18 the impact of the transportation project, provide equal 19 benefits to the water resources than other mitigation options 20 being considered, and provide the most cost-effective 21 mitigation option. The mitigation plan shall be preliminarily 22 approved by the water management district governing board and 23 shall be submitted to the secretary of the Department of 24 Environmental Protection for review and final approval. The 25 preliminary approval by the water management district 26 governing board does not constitute a decision that affects 27 substantial interests as provided by s. 120.569. At least 30 28 days prior to preliminary approval, the water management 29 district shall provide a copy of the draft mitigation plan to 30 any person who has requested a copy. 31 (b) Specific projects may be excluded from the 5 File original & 9 copies 04/11/01 htr0002 06:22 pm 00363-tr -925717
HOUSE AMENDMENT Bill No. HB 363 Amendment No. 1 (for drafter's use only) 1 mitigation plan and shall not be subject to this section upon 2 the agreement of the Department of Transportation, a 3 transportation authority if applicable, the Department of 4 Environmental Protection, and the appropriate water management 5 district that the inclusion of such projects would hamper the 6 efficiency or timeliness of the mitigation planning and 7 permitting process, or the Department of Environmental 8 Protection and the water management district are unable to 9 identify mitigation that would offset the impacts of the 10 project. 11 (5) The water management district shall be responsible 12 for ensuring that mitigation requirements pursuant to 33 13 U.S.C. s. 1344 are met for the impacts identified in the 14 inventory described in subsection (2), by implementation of 15 the approved plan described in subsection (4) to the extent 16 funding is provided by the Department of Transportation or a 17 transportation authority established under chapter 348 or 18 chapter 349, if applicable. During the federal permitting 19 process, the water management district may deviate from the 20 approved mitigation plan in order to comply with federal 21 permitting requirements. 22 (6) The mitigation plans plan shall be updated 23 annually to reflect the most current Department of 24 Transportation work program and project list of a 25 transportation authority established under chapter 348 or 26 chapter 349, if applicable, and may be amended throughout the 27 year to anticipate schedule changes or additional projects 28 which may arise. Each update and amendment of the mitigation 29 plan shall be submitted to the secretary of the Department of 30 Environmental Protection for approval. However, such approval 31 shall not be applicable to a deviation as described in 6 File original & 9 copies 04/11/01 htr0002 06:22 pm 00363-tr -925717
HOUSE AMENDMENT Bill No. HB 363 Amendment No. 1 (for drafter's use only) 1 subsection (5). (8) This section shall not be construed to 2 eliminate the need for the Department of Transportation or a 3 transportation authority established under chapter 348 or 4 chapter 349 to comply with the requirement to implement 5 practicable design modifications, including realignment of 6 transportation projects, to reduce or eliminate the impacts of 7 its transportation projects on wetlands and other surface 8 waters as required by rules adopted pursuant to this part, or 9 to diminish the authority under this part to regulate other 10 impacts, including water quantity or water quality impacts, or 11 impacts regulated under this part that are not identified in 12 the inventory described in subsection (2). 13 (9) The process for environmental mitigation for the 14 impact of transportation projects under this section shall be 15 available to an expressway, bridge, or transportation 16 authority established under chapter 348 and chapter 349. Use 17 of this process may be initiated by an authority depositing 18 the requisite funds into an escrow account set up by the 19 authority and filing an environmental impact inventory with 20 the appropriate water management district. An authority that 21 initiates the environmental mitigation process established by 22 the section shall comply with subsection (6) herein by timely 23 providing the appropriate water management district and the 24 Department of Environmental Protection with the requisite work 25 program information. A water management district may draw down 26 funds from the escrow account in the manner and on the bases 27 provided in subsection (5). 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 7 File original & 9 copies 04/11/01 htr0002 06:22 pm 00363-tr -925717
HOUSE AMENDMENT Bill No. HB 363 Amendment No. 1 (for drafter's use only) 1 On page 1, line 5, after the semicolon, 2 3 insert: 4 amending s. 373.4137, F.S.; providing 5 mitigation requirements for certain expressway 6 authorities; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 04/11/01 htr0002 06:22 pm 00363-tr -925717