House Bill hb1653c1

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2002             CS/HB 1653

        By the Council for Smarter Government and Representative
    Sorensen





  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         403.185, F.S.; creating the Florida Keys and

  4         Key West Areas of Critical State Concern

  5         Wastewater and Stormwater Trust Fund to be

  6         administered by the Department of Community

  7         Affairs; providing sources of funds; providing

  8         purposes and administrative provisions with

  9         respect to such purposes; providing rulemaking

10         authority for such administrative provisions;

11         providing for annual carryforward of funds;

12         providing for future review and termination or

13         re-creation of the trust fund; providing an

14         effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Section 403.185, Florida Statutes, is

19  created to read:

20         403.185  Florida Keys and Key West Areas of Critical

21  State Concern Wastewater and Stormwater Trust Fund.--

22         (1)  There is created the Florida Keys and Key West

23  Areas of Critical State Concern Wastewater and Stormwater

24  Trust Fund to be administered by the Department of Community

25  Affairs for the purpose of funding priority wastewater and

26  stormwater management projects in the Florida Keys and Key

27  West Areas of Critical State Concern.

28         (2)  The trust fund shall be credited with state

29  appropriations made by law and with funds from state and

30  federal grants.

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002             CS/HB 1653

    405-147-02






  1         (3)(a)  The Department of Community Affairs may award

  2  funds from the trust fund to a local government agency,

  3  including the Florida Keys Aqueduct Authority, responsible for

  4  wastewater or stormwater management services.

  5         (b)  Funds may be awarded to cover the costs of

  6  engineering design, construction and construction-related

  7  services, and construction supervision.  Planning costs are

  8  not eligible for funding.

  9         (4)  The Department of Community Affairs also may award

10  funds from the trust fund to property owners for the purpose

11  of upgrading unpermitted individual residential onsite

12  treatment and disposal systems, consistent with the

13  requirements of chapter 99-395, Laws of Florida, in areas not

14  planned for central wastewater facilities by 2010.

15         (5)  The Department of Community Affairs may establish

16  a maximum amount of funds to be awarded to any one recipient

17  in any given year or in total.  In awarding funds, the

18  department may consider the rate impacts on customers in an

19  effort to equalize those impacts to the extent practicable.

20         (6)  The Department of Community of Affairs may award

21  funds only for projects that are consistent with:

22         (a)  The Monroe County Wastewater Master Plan and any

23  locally adopted wastewater master plan; or

24         (b)  A locally adopted stormwater master plan.

25         (7)  The Department of Community Affairs may award

26  funds for the specific purpose of making affordable a loan

27  under s. 403.1835.  Affordability criteria shall be

28  established by the Department of Community Affairs, in

29  consultation with the Department of Environmental Protection.

30         (8)  The Department of Community Affairs, in

31  consultation with the Department of Environmental Protection,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002             CS/HB 1653

    405-147-02






  1  shall prioritize ready-to-proceed projects for the purpose of

  2  awarding money from the trust fund.  Priority considerations

  3  may include, but are not limited to, the extent of public

  4  health protection and water quality improvement expected of

  5  the project.  For purposes of this section, readiness to

  6  proceed means, at a minimum, that a project sponsor has

  7  demonstrated and documented the following:

  8         (a)  That it has the financial capability to construct

  9  the project with the assistance provided and any other legally

10  available funds.

11         (b)  That, in the case of wastewater projects, it has

12  enforceable sewer use policies.

13         (c)  That it has a program to provide assistance to

14  low-income residents to help defray the impact of rates and

15  fees.

16         (d)  That it will be able to proceed with construction,

17  or with a design-build project, at a definite cost based on a

18  firm bid or proposal.

19         (e)  That the plan, project costs, rate and fee

20  impacts, and overall implications of the project have been

21  presented to the public affected by the project.

22         (9)  The Department of Community Affairs may adopt

23  rules pursuant to ss. 120.536(1) and 120.54 necessary to

24  administer subsections (3)-(8).

25         (10)  Notwithstanding the provisions of s. 216.301 and

26  pursuant to s. 216.351, any balance in the trust fund at the

27  end of any fiscal year shall remain in the trust fund at the

28  end of the year and shall be available for carrying out the

29  purposes of the trust fund.

30         (11)  Pursuant to the provisions of s. 19(f)(2), Art.

31  III of the State Constitution, the trust fund shall, unless

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002             CS/HB 1653

    405-147-02






  1  terminated sooner, be terminated on July 1, 2006.  Prior to

  2  its scheduled termination, the trust fund shall be reviewed as

  3  provided in s. 215.3206.

  4         Section 2.  This act shall take effect July 1, 2002.

  5

  6

  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

                                  4

CODING: Words stricken are deletions; words underlined are additions.