| 1 | A bill to be entitled |
| 2 | An act relating to drinking water; amending s. 403.1837, |
| 3 | F.S.; renaming the Florida Water Pollution Control |
| 4 | Financing Corporation as the Florida Water Pollution |
| 5 | Control and Drinking Water Financing Corporation; revising |
| 6 | provisions regarding the purpose, powers, and duties of |
| 7 | the corporation; providing that specified drinking water |
| 8 | projects and activities are eligible for financing; |
| 9 | amending s. 403.1835, F.S.; conforming terminology; |
| 10 | deleting a requirement for the Department of Environmental |
| 11 | Protection to administer programs funded by the |
| 12 | corporation; amending s. 403.8532, F.S.; defining the |
| 13 | terms "bonds" and "corporation"; authorizing the |
| 14 | department to make or request the corporation to make |
| 15 | loans, grants, and deposits for planning, designing, and |
| 16 | constructing specified public water systems; authorizing |
| 17 | the department to adopt rules regarding the procedural and |
| 18 | contractual relationship between the department and the |
| 19 | corporation; clarifying requirements for rules relating to |
| 20 | loan security criteria; clarifying the purpose of the |
| 21 | Drinking Water Revolving Loan Trust Fund; amending s. |
| 22 | 403.8533, F.S.; providing that specified use of funds from |
| 23 | the trust fund is subject to annual appropriation; |
| 24 | providing that the trust fund is exempt from specified |
| 25 | termination provisions; amending s. 11.45, F.S.; |
| 26 | conforming terminology; providing an effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Subsection (1), paragraphs (f), (g), and (h) of |
| 31 | subsection (3), and subsections (4), (5), (7), and (11) of |
| 32 | section 403.1837, Florida Statutes, are amended to read: |
| 33 | 403.1837 Florida Water Pollution Control and Drinking |
| 34 | Water Financing Corporation.- |
| 35 | (1) The Florida Water Pollution Control and Drinking Water |
| 36 | Financing Corporation is created as a nonprofit public-benefit |
| 37 | corporation for the purpose of financing or refinancing the |
| 38 | costs of water pollution control projects and activities |
| 39 | described in ss. s. 403.1835 and 403.8532. The projects and |
| 40 | activities described in those sections that section are found to |
| 41 | constitute a public governmental purpose; be necessary for the |
| 42 | health, safety, and welfare of all residents; and include |
| 43 | legislatively approved fixed capital outlay projects. The |
| 44 | fulfillment of the purposes of the corporation promotes the |
| 45 | health, safety, and welfare of the people of the state and |
| 46 | serves essential governmental functions and a paramount public |
| 47 | purpose. The activities of the corporation are specifically |
| 48 | limited to assisting the department in implementing financing |
| 49 | activities to provide funding for the programs authorized in ss. |
| 50 | s. 403.1835 and 403.8532. All other activities relating to the |
| 51 | purposes for which the corporation raises funds are the |
| 52 | responsibility of the department, including, but not limited to, |
| 53 | development of program criteria, review of applications for |
| 54 | financial assistance, decisions relating to the number and |
| 55 | amount of loans or other financial assistance to be provided, |
| 56 | and enforcement of the terms of any financial assistance |
| 57 | agreements provided through funds raised by the corporation. The |
| 58 | corporation shall terminate upon fulfillment of the purposes of |
| 59 | this section. |
| 60 | (3) The corporation shall have all the powers of a |
| 61 | corporate body under the laws of the state to the extent not |
| 62 | inconsistent with or restricted by this section, including, but |
| 63 | not limited to, the power to: |
| 64 | (f) Borrow money and issue notes, bonds, certificates of |
| 65 | indebtedness, or other obligations or evidences of indebtedness |
| 66 | described in ss. s. 403.1835 and 403.8532. |
| 67 | (g) Operate, as specifically directed by the department, |
| 68 | any program to provide financial assistance authorized under ss. |
| 69 | s. 403.1835(3) and 403.8532, which may be funded from any funds |
| 70 | received under a service contract with the department, from the |
| 71 | proceeds of bonds issued by the corporation, or from any other |
| 72 | funding sources obtained by the corporation. |
| 73 | (h) Sell all or any portion of the loans issued under ss. |
| 74 | s. 403.1835 and 403.8532 to accomplish the purposes of this |
| 75 | section and ss. s. 403.1835 and 403.8532. |
| 76 | (4) The corporation shall evaluate all financial and |
| 77 | market conditions necessary and prudent for the purpose of |
| 78 | making sound, financially responsible, and cost-effective |
| 79 | decisions in order to secure additional funds to fulfill the |
| 80 | purposes of this section and ss. s. 403.1835 and 403.8532. |
| 81 | (5) The corporation may enter into one or more service |
| 82 | contracts with the department under which the corporation shall |
| 83 | provide services to the department in connection with financing |
| 84 | the functions, projects, and activities provided for in ss. s. |
| 85 | 403.1835 and 403.8532. The department may enter into one |
| 86 | service contracts with the corporation and provide for payments |
| 87 | under those contracts pursuant to ss. s. 403.1835(9) and |
| 88 | 403.8533, subject to annual appropriation by the Legislature. |
| 89 | The service contracts may provide for the transfer of all or a |
| 90 | portion of the funds in the Wastewater Treatment and Stormwater |
| 91 | Management Revolving Loan Trust Fund and the Drinking Water |
| 92 | Revolving Loan Trust Fund to the corporation for use by the |
| 93 | corporation for costs incurred by the corporation in its |
| 94 | operations, including, but not limited to, payment of debt |
| 95 | service, reserves, or other costs in relation to bonds issued by |
| 96 | the corporation, for use by the corporation at the request of |
| 97 | the department to directly provide the types of local financial |
| 98 | assistance provided for in ss. s. 403.1835(3) and 403.8532(3), |
| 99 | or for payment of the administrative costs of the corporation. |
| 100 | The department may not transfer funds under any service contract |
| 101 | with the corporation without specific appropriation for such |
| 102 | purpose in the General Appropriations Act, except for |
| 103 | administrative expenses incurred by the State Board of |
| 104 | Administration or other expenses necessary under documents |
| 105 | authorizing or securing previously issued bonds of the |
| 106 | corporation. The service contracts may also provide for the |
| 107 | assignment or transfer to the corporation of any loans made by |
| 108 | the department. The service contracts may establish the |
| 109 | operating relationship between the department and the |
| 110 | corporation and shall require the department to request the |
| 111 | corporation to issue bonds before any issuance of bonds by the |
| 112 | corporation, to take any actions necessary to enforce the |
| 113 | agreements entered into between the corporation and other |
| 114 | parties, and to take all other actions necessary to assist the |
| 115 | corporation in its operations. In compliance with s. 287.0641 |
| 116 | and other applicable provisions of law, the obligations of the |
| 117 | department under the service contracts do not constitute a |
| 118 | general obligation of the state or a pledge of the faith and |
| 119 | credit or taxing power of the state, nor may the obligations be |
| 120 | construed in any manner as an obligation of the State Board of |
| 121 | Administration or entities for which it invests funds, or of the |
| 122 | department except as provided in this section as payable solely |
| 123 | from amounts available under any service contract between the |
| 124 | corporation and the department, subject to appropriation. In |
| 125 | compliance with this subsection and s. 287.0582, service |
| 126 | contracts must expressly include the following statement: "The |
| 127 | State of Florida's performance and obligation to pay under this |
| 128 | contract is contingent upon an annual appropriation by the |
| 129 | Legislature." |
| 130 | (7) The corporation is exempt from taxation and |
| 131 | assessments of any nature whatsoever upon its income and any |
| 132 | property, assets, or revenues acquired, received, or used in the |
| 133 | furtherance of the purposes provided in ss. 403.1835, and |
| 134 | 403.1838, and 403.8532. The obligations of the corporation |
| 135 | incurred under subsection (6) and the interest and income on the |
| 136 | obligations and all security agreements, letters of credit, |
| 137 | liquidity facilities, or other obligations or instruments |
| 138 | arising out of, entered into in connection with, or given to |
| 139 | secure payment of the obligations are exempt from all taxation; |
| 140 | however, the exemption does not apply to any tax imposed by |
| 141 | chapter 220 on the interest, income, or profits on debt |
| 142 | obligations owned by corporations. |
| 143 | (11) The benefits or earnings of the corporation may not |
| 144 | inure to the benefit of any private person, except persons |
| 145 | receiving grants and loans under ss. s. 403.1835 and 403.8532. |
| 146 | Section 2. Paragraphs (b) and (c) of subsection (2) and |
| 147 | subsections (3) and (10) of section 403.1835, Florida Statutes, |
| 148 | are amended to read: |
| 149 | 403.1835 Water pollution control financial assistance.- |
| 150 | (2) For the purposes of this section, the term: |
| 151 | (b) "Bonds" means bonds, certificates, or other |
| 152 | obligations of indebtedness issued by the Florida Water |
| 153 | Pollution Control and Drinking Water Financing Corporation under |
| 154 | this section and s. 403.1837. |
| 155 | (c) "Corporation" means the Florida Water Pollution |
| 156 | Control and Drinking Water Financing Corporation. |
| 157 | (3) The department may provide financial assistance |
| 158 | through any program authorized under s. 603 of the Federal Water |
| 159 | Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as |
| 160 | amended, including, but not limited to, making grants and loans, |
| 161 | providing loan guarantees, purchasing loan insurance or other |
| 162 | credit enhancements, and buying or refinancing local debt. This |
| 163 | financial assistance must be administered in accordance with |
| 164 | this section and applicable federal authorities. The department |
| 165 | shall administer all programs operated from funds secured |
| 166 | through the activities of the Florida Water Pollution Control |
| 167 | Financing Corporation under s. 403.1837, to fulfill the purposes |
| 168 | of this section. |
| 169 | (a) The department may make or request the corporation to |
| 170 | make loans to local government agencies, which agencies may |
| 171 | pledge any revenue available to them to repay any funds |
| 172 | borrowed. |
| 173 | (b) The department may make or request the corporation to |
| 174 | make loans, grants, and deposits to other entities eligible to |
| 175 | participate in the financial assistance programs authorized |
| 176 | under the Federal Water Pollution Control Act, or as a result of |
| 177 | other federal action, which entities may pledge any revenue |
| 178 | available to them to repay any funds borrowed. Notwithstanding |
| 179 | s. 17.57, the department may make deposits to financial |
| 180 | institutions which earn less than the prevailing rate for United |
| 181 | States Treasury securities with corresponding maturities for the |
| 182 | purpose of enabling such financial institutions to make below- |
| 183 | market interest rate loans to entities qualified to receive |
| 184 | loans under this section and the rules of the department. |
| 185 | (c) The department shall administer financial assistance |
| 186 | so that at least 15 percent of the funding made available each |
| 187 | year under this section is reserved for use by small communities |
| 188 | during the year it is reserved. |
| 189 | (d) The department may make grants to financially |
| 190 | disadvantaged small communities, as defined in s. 403.1838, |
| 191 | using funds made available from grant allocations on loans |
| 192 | authorized under subsection (4). The grants must be administered |
| 193 | in accordance with s. 403.1838. |
| 194 | (10) The department may adopt rules regarding program |
| 195 | administration; project eligibilities and priorities, including |
| 196 | the development and management of project priority lists; |
| 197 | financial assistance application requirements associated with |
| 198 | planning, design, construction, and implementation activities, |
| 199 | including environmental and engineering requirements; financial |
| 200 | assistance agreement conditions; disbursement and repayment |
| 201 | provisions; auditing provisions; program exceptions; the |
| 202 | procedural and contractual relationship between the department |
| 203 | and the Florida Water Pollution Control and Drinking Water |
| 204 | Financing Corporation under s. 403.1837; and other provisions |
| 205 | consistent with the purposes of this section. |
| 206 | Section 3. Subsections (2), (3), (9), and (14) of section |
| 207 | 403.8532, Florida Statutes, are amended to read: |
| 208 | 403.8532 Drinking water state revolving loan fund; use; |
| 209 | rules.- |
| 210 | (2) For purposes of this section, the term: |
| 211 | (a) "Bonds" means bonds, certificates, or other |
| 212 | obligations of indebtedness issued by the Florida Water |
| 213 | Pollution Control and Drinking Water Financing Corporation under |
| 214 | this section and s. 403.1837. |
| 215 | (b) "Corporation" means the Florida Water Pollution |
| 216 | Control and Drinking Water Financing Corporation. |
| 217 | (c)(a) "Financially disadvantaged community" means the |
| 218 | service area of a project to be served by a public water system |
| 219 | that meets criteria established by department rule and in |
| 220 | accordance with federal guidance. |
| 221 | (d)(b) "Local governmental agency" means any municipality, |
| 222 | county, district, or authority, or any agency thereof, or a |
| 223 | combination of two or more of the foregoing acting jointly in |
| 224 | connection with a project, having jurisdiction over a public |
| 225 | water system. |
| 226 | (e)(c) "Public water system" means all facilities, |
| 227 | including land, necessary for the treatment and distribution of |
| 228 | water for human consumption and includes public water systems as |
| 229 | defined in s. 403.852 and as otherwise defined in the federal |
| 230 | Safe Drinking Water Act, as amended. Such systems may be |
| 231 | publicly owned, privately owned, investor-owned, or |
| 232 | cooperatively held. |
| 233 | (f)(d) "Small public water system" means a public water |
| 234 | system which regularly serves fewer than 10,000 people. |
| 235 | (3) The department is authorized to make or request the |
| 236 | corporation to make loans, grants, and deposits to community |
| 237 | water systems, nonprofit transient noncommunity water systems, |
| 238 | and nonprofit nontransient noncommunity water systems to assist |
| 239 | them in planning, designing, and constructing public water |
| 240 | systems, unless such public water systems are for-profit |
| 241 | privately owned or investor-owned systems that regularly serve |
| 242 | 1,500 service connections or more within a single certified or |
| 243 | franchised area. However, a for-profit privately owned or |
| 244 | investor-owned public water system that regularly serves 1,500 |
| 245 | service connections or more within a single certified or |
| 246 | franchised area may qualify for a loan only if the proposed |
| 247 | project will result in the consolidation of two or more public |
| 248 | water systems. The department is authorized to provide loan |
| 249 | guarantees, to purchase loan insurance, and to refinance local |
| 250 | debt through the issue of new loans for projects approved by the |
| 251 | department. Public water systems are authorized to borrow funds |
| 252 | made available pursuant to this section and may pledge any |
| 253 | revenues or other adequate security available to them to repay |
| 254 | any funds borrowed. The department shall administer loans so |
| 255 | that amounts credited to the Drinking Water Revolving Loan Trust |
| 256 | Fund in any fiscal year are reserved for the following purposes: |
| 257 | (a) At least 15 percent to qualifying small public water |
| 258 | systems. |
| 259 | (b) Up to 15 percent to qualifying financially |
| 260 | disadvantaged communities. |
| 261 | (c) However, if an insufficient number of the projects for |
| 262 | which funds are reserved under this subsection paragraph have |
| 263 | been submitted to the department at the time the funding |
| 264 | priority list authorized under this section is adopted, the |
| 265 | reservation of these funds shall no longer apply. The department |
| 266 | may award the unreserved funds as otherwise provided in this |
| 267 | section. |
| 268 | (9) The department may adopt rules regarding the |
| 269 | procedural and contractual relationship between the department |
| 270 | and the corporation under s. 403.1837 and is authorized to make |
| 271 | rules necessary to carry out the purposes of this section and |
| 272 | the federal Safe Drinking Water Act, as amended. Such rules |
| 273 | shall: |
| 274 | (a) Set forth a priority system for loans based on public |
| 275 | health considerations, compliance with state and federal |
| 276 | requirements relating to public drinking water systems, and |
| 277 | affordability. The priority system shall give special |
| 278 | consideration to the following: |
| 279 | 1. Projects that provide for the development of |
| 280 | alternative drinking water supply projects and management |
| 281 | techniques in areas where existing source waters are limited or |
| 282 | threatened by saltwater intrusion, excessive drawdowns, |
| 283 | contamination, or other problems; |
| 284 | 2. Projects that provide for a dependable, sustainable |
| 285 | supply of drinking water and that are not otherwise financially |
| 286 | feasible; and |
| 287 | 3. Projects that contribute to the sustainability of |
| 288 | regional water sources. |
| 289 | (b) Establish the requirements for the award and repayment |
| 290 | of financial assistance. |
| 291 | (c) Require evidence of credit worthiness and adequate |
| 292 | security, including identification of revenues to be pledged and |
| 293 | documentation of their sufficiency for loan repayment and |
| 294 | pledged revenue coverage, to ensure that each loan recipient can |
| 295 | meet its loan repayment requirements. |
| 296 | (d) Require each project receiving financial assistance to |
| 297 | be cost-effective, environmentally sound, implementable, and |
| 298 | self-supporting. |
| 299 | (e) Implement other provisions of the federal Safe |
| 300 | Drinking Water Act, as amended. |
| 301 | (14) All moneys available for financial assistance under |
| 302 | this section shall be deposited in The Drinking Water Revolving |
| 303 | Loan Trust Fund established under s. 403.8533 shall be used |
| 304 | exclusively to carry out the purposes of this section. Any funds |
| 305 | therein which are not needed on an immediate basis for financial |
| 306 | assistance shall be invested pursuant to s. 215.49. State |
| 307 | revolving fund capitalization grants awarded by the Federal |
| 308 | Government, state matching funds, and investment earnings |
| 309 | thereon shall be deposited into the fund. The principal and |
| 310 | interest of all loans repaid and investment earnings thereon |
| 311 | shall be deposited into the fund. |
| 312 | Section 4. Section 403.8533, Florida Statutes, is amended |
| 313 | to read: |
| 314 | 403.8533 Drinking Water Revolving Loan Trust Fund.- |
| 315 | (1) There is created the Drinking Water Revolving Loan |
| 316 | Trust Fund to be administered by the Department of Environmental |
| 317 | Protection for the purposes of: |
| 318 | (a) Funding for low-interest loans for planning, |
| 319 | engineering design, and construction of public drinking water |
| 320 | systems and improvements to such systems; |
| 321 | (b) Funding for compliance activities, operator |
| 322 | certification programs, and source water protection programs; |
| 323 | and |
| 324 | (c) Funding for administering loans by the department; and |
| 325 | (d) Payment of amounts payable under any service contract |
| 326 | entered into by the department under s. 403.1837, subject to |
| 327 | annual appropriation by the Legislature. |
| 328 | (2) The trust fund shall be used for the deposit of all |
| 329 | moneys awarded by the Federal Government to fund revolving loan |
| 330 | programs. All moneys in the fund that are not needed on an |
| 331 | immediate basis for loans shall be invested pursuant to s. |
| 332 | 215.49. The principal and interest of all loans repaid and |
| 333 | investment earnings shall be deposited into this fund. |
| 334 | (3) Pursuant to s. 19(f)(3), Art. III of the State |
| 335 | Constitution, the Drinking Water Revolving Loan Trust Fund is |
| 336 | exempt from the termination provisions of s. 19(f)(2), Art. III |
| 337 | of the State Constitution. |
| 338 | Section 5. Paragraph (o) of subsection (3) of section |
| 339 | 11.45, Florida Statutes, is amended to read: |
| 340 | 11.45 Definitions; duties; authorities; reports; rules.- |
| 341 | (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.-The |
| 342 | Auditor General may, pursuant to his or her own authority, or at |
| 343 | the direction of the Legislative Auditing Committee, conduct |
| 344 | audits or other engagements as determined appropriate by the |
| 345 | Auditor General of: |
| 346 | (o) The Florida Water Pollution Control and Drinking Water |
| 347 | Financing Corporation created pursuant to s. 403.1837. |
| 348 | Section 6. This act shall take effect upon becoming a law. |