Florida Senate - 2020                             CS for SB 1878
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senators Bradley and Mayfield
       
       
       
       
       592-03058-20                                          20201878c1
    1                        A bill to be entitled                      
    2         An act relating to environmental protection; creating
    3         s. 373.477, F.S.; requiring a minimum annual
    4         appropriation for Everglades restoration and the
    5         protection of water resources in this state beginning
    6         in a specified fiscal year; specifying requirements
    7         for the allocation of such funding; providing for
    8         future repeal of the appropriation unless reviewed and
    9         saved from repeal through reenactment by the
   10         Legislature; amending s. 375.041, F.S.; revising the
   11         minimum annual appropriation for certain
   12         appropriations from the Land Acquisition Trust Fund;
   13         providing that such revisions expire on a specified
   14         date; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 373.477, Florida Statutes, is created to
   19  read:
   20         373.477 Everglades restoration and protection of water
   21  resources.—For fiscal year 2020-2021, and annually thereafter, a
   22  minimum of $625 million shall be appropriated as provided in
   23  this section for the purposes of Everglades restoration and the
   24  protection of water resources in this state. The funding must be
   25  used for a science-based process to identify projects that are
   26  needed to achieve such restoration and protection.
   27         (1)For fiscal year 2020-2021, and annually thereafter, a
   28  minimum of $625 million shall be appropriated in the following
   29  distributions as delineated in the 2020-2021 General
   30  Appropriations Act:
   31         (a)A minimum of $236 million for Everglades projects in
   32  accordance with the provisions of s. 375.041(3)(b)1.
   33         (b) The sum of $64 million in accordance with s.
   34  375.041(3)(b)4., for the Everglades Agricultural Area reservoir
   35  project.
   36         (c)The sum of $50 million for springs restoration in
   37  accordance with s. 375.041(3)(b)2.
   38         (d)A minimum of $40 million for alternative water supplies
   39  or water conservation.
   40         (e)A minimum of $25 million as delineated in the 2020-2021
   41  General Appropriations Act for projects within the watersheds of
   42  the St. Johns River, the Suwannee River, and the Apalachicola
   43  River.
   44         (f)A minimum of $10 million for the Florida Resilient
   45  Coastline Initiative.
   46         (g)A minimum of $50 million to the South Florida Water
   47  Management District for the design, engineering, and
   48  construction of aquifer storage and recovery wells.
   49         (h)A minimum of $4 million as delineated in the 2020-2021
   50  General Appropriations Act for red tide research.
   51         (2)Any remaining balance after the distributions indicated
   52  in subsection (1) shall be allocated to fund any of the
   53  following:
   54         (a)Targeted water quality improvements.
   55         (b)Alternative water supplies or water conservation.
   56         (c)Water quality enhancements and accountability,
   57  innovative technologies, and harmful algal bloom prevention and
   58  mitigation.
   59         (d)Land acquisition or easement acquisition, including,
   60  but not limited to, lands or easements purchased pursuant to the
   61  Florida Forever program or the Rural and Family Lands Protection
   62  Program.
   63         (e)Coral reef protection and restoration.
   64         (f)Projects within the watersheds of the Indian River
   65  Lagoon.
   66         (3)This section is repealed on June 30, 2023, unless
   67  reviewed and saved from repeal through reenactment by the
   68  Legislature.
   69         Section 2. Paragraph (b) of subsection (3) of section
   70  375.041, Florida Statutes, is amended to read:
   71         375.041 Land Acquisition Trust Fund.—
   72         (3) Funds distributed into the Land Acquisition Trust Fund
   73  pursuant to s. 201.15 shall be applied:
   74         (b) Of the funds remaining after the payments required
   75  under paragraph (a), but before funds may be appropriated,
   76  pledged, or dedicated for other uses:
   77         1. A minimum of $236 million the lesser of 25 percent or
   78  $200 million shall be appropriated annually for Everglades
   79  projects that implement the Comprehensive Everglades Restoration
   80  Plan as set forth in s. 373.470, including the Central
   81  Everglades Planning Project subject to Congressional
   82  authorization; the Long-Term Plan as defined in s. 373.4592(2);
   83  and the Northern Everglades and Estuaries Protection Program as
   84  set forth in s. 373.4595. From these funds, $32 million shall be
   85  distributed each fiscal year through the 2023-2024 fiscal year
   86  to the South Florida Water Management District for the Long-Term
   87  Plan as defined in s. 373.4592(2). After deducting the $32
   88  million distributed under this subparagraph, from the funds
   89  remaining, a minimum of the lesser of 76.5 percent or $100
   90  million shall be appropriated each fiscal year through the 2025
   91  2026 fiscal year for the planning, design, engineering, and
   92  construction of the Comprehensive Everglades Restoration Plan as
   93  set forth in s. 373.470, including the Central Everglades
   94  Planning Project, the Everglades Agricultural Area Storage
   95  Reservoir Project, the Lake Okeechobee Watershed Project, the C
   96  43 West Basin Storage Reservoir Project, the Indian River
   97  Lagoon-South Project, the Western Everglades Restoration
   98  Project, and the Picayune Strand Restoration Project. The
   99  Department of Environmental Protection and the South Florida
  100  Water Management District shall give preference to those
  101  Everglades restoration projects that reduce harmful discharges
  102  of water from Lake Okeechobee to the St. Lucie or Caloosahatchee
  103  estuaries in a timely manner. For the purpose of performing the
  104  calculation provided in this subparagraph, the amount of debt
  105  service paid pursuant to paragraph (a) for bonds issued after
  106  July 1, 2016, for the purposes set forth under paragraph (b)
  107  shall be added to the amount remaining after the payments
  108  required under paragraph (a). The amount of the distribution
  109  calculated shall then be reduced by an amount equal to the debt
  110  service paid pursuant to paragraph (a) on bonds issued after
  111  July 1, 2016, for the purposes set forth under this
  112  subparagraph.
  113         2. A minimum of the lesser of 7.6 percent or $50 million
  114  shall be appropriated annually for spring restoration,
  115  protection, and management projects. For the purpose of
  116  performing the calculation provided in this subparagraph, the
  117  amount of debt service paid pursuant to paragraph (a) for bonds
  118  issued after July 1, 2016, for the purposes set forth under
  119  paragraph (b) shall be added to the amount remaining after the
  120  payments required under paragraph (a). The amount of the
  121  distribution calculated shall then be reduced by an amount equal
  122  to the debt service paid pursuant to paragraph (a) on bonds
  123  issued after July 1, 2016, for the purposes set forth under this
  124  subparagraph.
  125         3. The sum of $5 million shall be appropriated annually
  126  each fiscal year through the 2025-2026 fiscal year to the St.
  127  Johns River Water Management District for projects dedicated to
  128  the restoration of Lake Apopka. This distribution shall be
  129  reduced by an amount equal to the debt service paid pursuant to
  130  paragraph (a) on bonds issued after July 1, 2016, for the
  131  purposes set forth in this subparagraph.
  132         4. The sum of $64 million is appropriated and shall be
  133  transferred to the Everglades Trust Fund for the 2018-2019
  134  fiscal year, and each fiscal year thereafter, for the EAA
  135  reservoir project pursuant to s. 373.4598. Any funds remaining
  136  in any fiscal year shall be made available only for Phase II of
  137  the C-51 reservoir project or projects identified in
  138  subparagraph 1. and must be used in accordance with laws
  139  relating to such projects. Any funds made available for such
  140  purposes in a fiscal year are in addition to the amount
  141  appropriated under subparagraph 1. This distribution shall be
  142  reduced by an amount equal to the debt service paid pursuant to
  143  paragraph (a) on bonds issued after July 1, 2017, for the
  144  purposes set forth in this subparagraph.
  145         5. Notwithstanding subparagraph 3., for the 2019-2020
  146  fiscal year, funds shall be appropriated as provided in the
  147  General Appropriations Act. This subparagraph expires July 1,
  148  2020.
  149         Section 3. The amendment made to s. 375.041(3)(b), Florida
  150  Statutes, by this act expires June 30, 2023, and the text of
  151  that paragraph shall revert to that in existence on June 30,
  152  2020, except that any amendments to such text enacted other than
  153  by this act shall be preserved and continue to operate to the
  154  extent that such amendments are not dependent upon the portions
  155  of text which expire pursuant to this section.
  156         Section 4. This act shall take effect July 1, 2020.