HB 0101 2003
1	CHAMBER ACTION
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6	The Committee on Natural Resources recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to trust funds; creating s. 403.185, F.S.;
12	creating the Florida Keys and Key West Areas of Critical
13	State Concern Wastewater and Stormwater Trust Fund to be
14	administered by the Department of Community Affairs;
15	providing sources of funds; providing purposes and
16	administrative provisions with respect to such purposes;
17	providing rulemaking authority for such administrative
18	provisions; providing for annual carryforward of funds;
19	providing for future review and termination or re-creation
20	of the trust fund; providing for termination of the trust
21	fund following removal of the area of critical state
22	concern designation from the Florida Keys and Key West
23	Areas; providing an effective date.
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25	Be It Enacted by the Legislature of the State of Florida:
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27	Section 1. Section 403.185, Florida Statutes, is created
28	to read:
29	403.185 Florida Keys and Key West Areas of Critical State
30	Concern Wastewater and Stormwater Trust Fund.--
31	(1) There is created the Florida Keys and Key West Areas
32	of Critical State Concern Wastewater and Stormwater Trust Fund
33	to be administered by the Department of Community Affairs for
34	the purpose of funding priority wastewater and stormwater
35	management projects in the Florida Keys and Key West Areas of
36	Critical State Concern.
37	(2) The trust fund shall be credited with state
38	appropriations made by law and with funds from state and federal
39	grants.
40	(3)(a) The Department of Community Affairs may award funds
41	from the trust fund to a local government agency, including the
42	Florida Keys Aqueduct Authority, responsible for wastewater or
43	stormwater management services.
44	(b) Funds may be awarded to cover the costs of engineering
45	design, construction and construction-related services, and
46	construction supervision. Planning costs are not eligible for
47	funding.
48	(4) The Department of Community Affairs also may award
49	funds from the trust fund to property owners for the purpose of
50	upgrading unpermitted individual residential onsite treatment
51	and disposal systems, consistent with the requirements of
52	chapter 99-395, Laws of Florida, in areas not planned for
53	central wastewater facilities by 2010.
54	(5) The Department of Community Affairs may establish a
55	maximum amount of funds to be awarded to any one recipient in
56	any given year or in total. In awarding funds, the department
57	may consider the rate impacts on customers in an effort to
58	equalize those impacts to the extent practicable.
59	(6) The Department of Community Affairs may award funds
60	only for projects that are consistent with:
61	(a) The Monroe County Wastewater Master Plan and any
62	locally adopted wastewater master plan; or
63	(b) A locally adopted stormwater master plan.
64	(7) The Department of Community Affairs may award funds
65	for the specific purpose of making affordable a loan under s.
66	403.1835. Affordability criteria shall be established by the
67	Department of Community Affairs, in consultation with the
68	Department of Environmental Protection.
69	(8) The Department of Community Affairs, in consultation
70	with the Department of Environmental Protection, shall
71	prioritize ready-to-proceed local government projects for the
72	purpose of awarding money from the trust fund. Priority
73	considerations may include, but are not limited to, the extent
74	of public health protection and water quality improvement
75	expected of the project. For purposes of this section, readiness
76	to proceed means, at a minimum, that a project sponsor has
77	demonstrated and documented the following:
78	(a) That it has the financial capability to construct the
79	project with the assistance provided and any other legally
80	available funds.
81	(b) That, in the case of wastewater projects, it has
82	enforceable sewer use policies.
83	(c) That it has a program to provide assistance to low-
84	income residents to help defray the impact of rates and fees.
85	(d) That it will be able to proceed with construction, or
86	with a design-build project, at a definite cost based on a firm
87	bid or proposal.
88	(e) That the plan, project costs, rate and fee impacts,
89	and overall implications of the project have been presented to
90	the public affected by the project.
91	(9) The Department of Community Affairs may adopt rules
92	pursuant to ss. 120.536(1) and 120.54 necessary to administer
93	subsections (3)-(8).
94	(10) Notwithstanding the provisions of s. 216.301 and
95	pursuant to s. 216.351, any balance in the trust fund at the end
96	of any fiscal year shall remain in the trust fund at the end of
97	the year and shall be available for carrying out the purposes of
98	the trust fund.
99	(11) Pursuant to the provisions of s. 19(f)(2), Art. III
100	of the State Constitution, the trust fund shall, unless
101	terminated sooner, be terminated on July 1, 2007. Prior to its
102	scheduled termination, the trust fund shall be reviewed as
103	provided in s. 215.3206.
104	(12) The trust fund, if not repealed sooner pursuant to
105	subsection (11), shall be repealed 5 years after the date the
106	area of critical state concern designation is removed from both
107	the Florida Keys and Key West Areas.
108	Section 2. This act shall take effect July 1, 2003.