Florida Senate - 2015 CS for SB 428
By the Committee on Appropriations; and Senator Hays
1 A bill to be entitled
2 An act relating to trust funds administered by the
3 Department of Environmental Protection; amending s.
4 20.25501, F.S.; codifying the Administrative Trust
5 Fund, Environmental Laboratory Trust Fund, and Working
6 Capital Trust Fund; requiring the department to
7 administer such trust funds; providing for the funding
8 of such trust funds; creating s. 376.41, F.S.;
9 codifying provisions relating to the Minerals Trust
10 Fund; creating s. 403.0874, F.S.; codifying provisions
11 relating to the Air Pollution Control Trust Fund;
12 amending s. 403.1832, F.S.; removing provisions
13 relating to federal aid; authorizing the department to
14 transfer all outstanding appropriations supported by
15 federal grants to the Federal Grants Trust Fund;
16 providing for expiration; amending s. 403.709, F.S.;
17 increasing the amount of funding for mosquito control;
18 limiting the amount of the funding that may be used
19 for a solid waste management grant program; deleting
20 obsolete provisions; reenacting s. 403.7095(3), F.S.,
21 to incorporate the amendment made to s. 403.709, F.S.,
22 in a reference thereto; providing an effective date.
24 Be It Enacted by the Legislature of the State of Florida:
26 Section 1. Section 20.25501, Florida Statutes, is amended
27 to read:
Federal Grants Trust Fund; Department of
29 Environmental Protection; trust funds.—The following trust funds
30 shall be administered by the Department of Environmental
32 (1) The Federal Grants Trust Fund is created within the
33 Department of Environmental Protection.
34 (a) (2) The trust fund is established for use as a
35 depository for funds to be used for allowable grant activities
36 funded by restricted program revenues from federal sources.
37 Moneys to be credited to the trust fund shall consist of grants
38 and funding from the Federal Government, interest earnings, and
39 cash advances from other trust funds.
40 (b) Funds shall be expended only pursuant to legislative
41 appropriation or an approved amendment to the department’s
42 operating budget pursuant to the provisions of chapter 216.
43 (2) The Administrative Trust Fund.
44 (a) The trust fund is established for use as a depository
45 for funds to be used for management activities that are
46 departmental in nature and is funded by assessments against
47 trust funds.
48 (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
49 any balance in the trust fund at the end of a fiscal year shall
50 remain in the trust fund and shall be available for carrying out
51 the purpose of the trust fund.
52 (3) The Environmental Laboratory Trust Fund.
53 (a) The trust fund is established for use as a depository
54 for funds to be used for the operation of the department’s
55 environmental laboratory program and is funded by program
56 revenues and assessments against trust funds.
57 (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
58 any balance in the trust fund at the end of a fiscal year shall
59 remain in the trust fund and shall be available for carrying out
60 the purpose of the trust fund.
61 (4) The Working Capital Trust Fund.
62 (a) The trust fund is established for use as a depository
63 for funds to be used for the operation of the department’s
64 information technology services and is funded by assessments
65 against trust funds.
66 (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
67 any balance in the trust fund at the end of a fiscal year shall
68 remain in the trust fund and shall be available for carrying out
69 the purpose of the trust fund.
70 Section 2. Section 376.41, Florida Statutes, is created to
72 376.41 Minerals Trust Fund.—
73 (1) The Minerals Trust Fund is established in and
74 administered by the Department of Environmental Protection.
75 (2) Funds to be credited to and uses of the trust fund
76 shall be administered in accordance with ss. 211.06, 211.31,
77 211.3103, 376.11, 376.40, 377.24, 377.2408, 377.2425, 377.247,
78 and 377.41.
79 (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
80 any balance in the trust fund at the end of a fiscal year shall
81 remain in the trust fund and shall be available for carrying out
82 the purposes of the trust fund.
83 Section 3. Section 403.0874, Florida Statutes, is created
84 to read:
85 403.0874 Air Pollution Control Trust Fund.—
86 (1) The Air Pollution Control Trust Fund is established in
87 and administered by the Department of Environmental Protection.
88 (2) Funds to be credited to and uses of the trust fund
89 shall be administered in accordance with ss. 320.03, 376.60,
90 403.0872, and 403.0873.
91 (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
92 any balance in the trust fund at the end of a fiscal year shall
93 remain in the trust fund and shall be available for carrying out
94 the purposes of the trust fund.
95 Section 4. Section 403.1832, Florida Statutes, is amended
96 to read:
97 403.1832 Department to accept federal aid; Grants and
98 Donations Trust Fund.—
99 (1) The de partment is designated as the administrative
100 agency of the state to apply for and accept any funds or other
101 aid and to cooperate and enter into contracts and agreements
102 with the Federal Government relating to the planning, design,
103 construction, operation, maintenance, and enforcement activities
104 of the program to provide clean air and water and pollution
105 abatement of the air and waters of the state, including solid
106 waste management, hazardous waste management, and ecosystem
107 management and restoration, or to any other related
108 environmental purposes authorized by the Congress of the United
109 States. The department may, in the name of the state, make such
110 applications, sign such documents, give such assurances, and do
111 such other things as are necessary to obtain such aid from or
112 cooperate with the United States Government or any agency
113 thereof. The department may consent to enter into contracts and
114 agreements and cooperate with any other state agency, local
115 governmental agency, person, or other state when it is necessary
116 to carry out the provisions of this section.
117 (1) (2) The Grants and Donations Trust Fund is to be
118 administered by the Department of Environmental Protection. The
119 fund is intended to serve as the depository for federal grants
120 and funds to be used for allowable grant or donor agreement
121 activities funded by restricted contractual revenue from private
122 and public nonfederal sources received by the department and to
123 assist in tracking and monitoring the use of federal funds that
124 are not otherwise deposited directly into a separate trust fund.
125 The Grants and Donations Trust Fund is intended to be a broad
126 based fund from which moneys can be used for various
127 environmental and natural resource program purposes for which
128 the federal funds were intended. Funds may be expended for
129 purposes including, but not limited to:
130 (a) Water quality improvement.
131 (b) Management of solid and hazardous wastes.
132 (c) Stormwater management.
133 (d) Air quality improvement and management.
134 (e) Wetland protection and management.
135 (f) Marine research.
136 (g) Marine habitat restoration and management.
137 (h) Aquatic weed control.
138 (i) Environmental regulatory compliance and enforcement.
139 (j) Local or state recreational projects.
140 (2) The department may transfer all outstanding
141 appropriations supported by federal grants to the Federal Grants
142 Trust Fund. This subsection expires July 1, 2016.
143 Section 5. Paragraphs (c), (e), and (f) of subsection (1)
144 of section 403.709, Florida Statutes, are amended to read:
145 403.709 Solid Waste Management Trust Fund; use of waste
146 tire fees.—There is created the Solid Waste Management Trust
147 Fund, to be administered by the department.
148 (1) From the annual revenues deposited in the trust fund,
149 unless otherwise specified in the General Appropriations Act:
150 (c) Up to 14 11 percent shall be used for funding to
151 supplement any other funds provided to the Department of
152 Agriculture and Consumer Services for mosquito control. This
153 distribution shall be annually transferred to the General
154 Inspection Trust Fund in the Department of Agriculture and
155 Consumer Services to be used for mosquito control, especially
156 control of West Nile Virus.
157 (e) Up to 37 A minimum o f 40 percent shall be used for
158 funding a solid waste management grant program pursuant to s.
159 403.7095 for activities relating to recycling and waste
160 reduction, including waste tires requiring final disposal.
161 (f) For the 2013-2014 fiscal year only, moneys in the Solid
162 Waste Management Trust Fund may be transferred to the Save Our
163 Everglades Trust Fund for Everglades restoration pursuant to s.
164 216.181(12). This paragraph expires July 1, 2014.
165 Section 6. For the purpose of incorporating the amendment
166 made by this act to section 403.709, Florida Statutes, in a
167 reference thereto, subsection (3) of section 403.7095, Florida
168 Statutes, is reenacted to read:
169 403.7095 Solid waste management grant program.—
170 (3) From the funds made available pursuant to s.
171 403.709(1)(e) for the grant program created by this section, the
172 following distributions shall be made:
173 (a) Up to 50 percent for the program described in
174 subsection (1); and
175 (b) Up to 50 percent for the program described in
176 subsection (2).
177 Section 7. This act shall take effect July 1, 2015.