Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 92
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Agriculture, Environment, and
       General Government)
    1                        A bill to be entitled                      
    2         An act relating to the C-51 reservoir project;
    3         amending s. 373.4598, F.S.; revising the portions of
    4         the C-51 reservoir project for which the South Florida
    5         Water Management District may negotiate; revising
    6         water storage and use requirements specified for the
    7         project if state funds are appropriated for the
    8         project; specifying that Phase II of the project may
    9         be funded by appropriation, in addition to other
   10         sources; authorizing the district to enter into
   11         certain capacity allocation agreements and to request
   12         a waiver for repayment of certain loans; authorizing
   13         the Department of Environmental Protection to waive
   14         such loan repayment under certain conditions;
   15         specifying that the district is not responsible for
   16         repayment of such waived loans; providing an effective
   17         date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Paragraphs (c), (d), and (e) of subsection (9)
   22  of section 373.4598, Florida Statutes, are amended, and
   23  paragraph (f) is added to that subsection, to read:
   24         373.4598 Water storage reservoirs.—
   25         (9) C-51 RESERVOIR PROJECT.—
   26         (c) For Phase II of the C-51 reservoir project, The
   27  district may negotiate with the owners of the C-51 reservoir
   28  project site for the acquisition of any portion of the project
   29  not already committed to utilities for alternative water supply
   30  purposes or to enter into a public-private partnership. The
   31  district may acquire land near the C-51 reservoir through the
   32  purchase or exchange of land that is owned by the district or
   33  the state as necessary to implement Phase II of the project. The
   34  state and the district may consider potential swaps of land that
   35  is owned by the state or the district to achieve an optimal
   36  combination of water quality and water storage. The district may
   37  not exercise eminent domain for the purpose of implementing the
   38  C-51 reservoir project.
   39         (d) If state funds are appropriated for Phase I or Phase II
   40  of the C-51 reservoir project:
   41         1. The district, to the extent practicable, must shall
   42  operate the reservoir project to maximize the reduction of high
   43  volume Lake Okeechobee regulatory releases to the St. Lucie or
   44  Caloosahatchee estuaries, in addition to maximizing the
   45  reduction of harmful discharges providing relief to the Lake
   46  Worth Lagoon. However, the operation of Phase I of the C-51
   47  reservoir project must be in accordance with any operation and
   48  maintenance agreement approved by the district;
   49         2. In addition to any permitted amounts for water supply,
   50  water made available by the reservoir project must shall be used
   51  for natural systems in addition to any allocated amounts for
   52  water supply; and
   53         3. Any Water received from Lake Okeechobee may not be
   54  available to support consumptive use permits only if such use is
   55  in accordance with district rules.
   56         (e) Phase I of the C-51 reservoir project may be funded by
   57  appropriation or through the water storage facility revolving
   58  loan fund as provided in s. 373.475. Phase II of the C-51
   59  reservoir project may be funded by appropriation, pursuant to
   60  this section, pursuant to s. 373.475, as a project component of
   61  CERP, or pursuant to s. 375.041(3)(b)4.
   62         (f)The district may enter into a capacity allocation
   63  agreement with a water supply entity for a pro rata share of
   64  unreserved capacity in the water storage facility and may
   65  request the department to waive repayment of all or a portion of
   66  a loan issued pursuant to s. 373.475. The department may
   67  authorize such waiver if, in its determination, it has received
   68  reasonable value for such waiver. The district is not
   69  responsible for repaying any portion of a loan issued pursuant
   70  to s. 373.475 which is waived pursuant to this paragraph.
   71         Section 2. This act shall take effect July 1, 2019.