Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for CS for SB 1954 Ì132074ÈÎ132074 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/07/2021 05:02 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Rodrigues moved the following: 1 Senate Amendment 2 3 Delete lines 115 - 323 4 and insert: 5 (c) A vulnerability assessment conducted pursuant to 6 paragraph (b) must encompass the entire county or municipality; 7 include all critical assets owned or maintained by the grant 8 applicant; and use the most recent publicly available Digital 9 Elevation Model and generally accepted analysis and modeling 10 techniques. An assessment may encompass a smaller geographic 11 area or include only a portion of the critical assets owned or 12 maintained by the grant applicant with appropriate rationale and 13 upon approval by the department. Locally collected elevation 14 data may also be included as part of the assessment as long as 15 it is submitted to the department pursuant to this paragraph. 16 1. The assessment must include an analysis of the 17 vulnerability of and risks to critical assets, including 18 regionally significant assets, owned or managed by the county or 19 municipality. 20 2. Upon completion of a vulnerability assessment, the 21 county or municipality shall submit to the department the 22 following: 23 a. A report detailing the findings of the assessment. 24 b. All electronic mapping data used to illustrate flooding 25 and sea level rise impacts identified in the assessment. When 26 submitting such data, the county or municipality shall include: 27 (I) Geospatial data in an electronic file format suitable 28 for input to the department’s mapping tool. 29 (II) Geographic information system data that has been 30 projected into the appropriate Florida State Plane Coordinate 31 System and that is suitable for the department’s mapping tool. 32 The county or municipality must also submit metadata using 33 standards prescribed by the department. 34 c. A list of critical assets, including regionally 35 significant assets, that are impacted by flooding and sea level 36 rise. 37 (d) A vulnerability assessment conducted pursuant to 38 paragraph (b) must include all of the following, if applicable: 39 1. Peril of flood comprehensive plan amendments that 40 address the requirements of s. 163.3178(2)(f), if the county or 41 municipality is subject to such requirements and has not 42 complied with such requirements as determined by the Department 43 of Economic Opportunity. 44 2. The depth of: 45 a. Tidal flooding, including future high tide flooding, 46 which must use thresholds published and provided by the 47 department. To the extent practicable, the analysis should also 48 geographically display the number of tidal flood days expected 49 for each scenario and planning horizon. 50 b. Current and future storm surge flooding using publicly 51 available National Oceanic and Atmospheric Administration or 52 Federal Emergency Management Agency storm surge data. The 53 initial storm surge event used must equal or exceed the current 54 100-year flood event. Higher frequency storm events may be 55 analyzed to understand the exposure of a critical asset. 56 c. To the extent practicable, rainfall-induced flooding 57 using spatiotemporal analysis or existing hydrologic and 58 hydraulic modeling results. Future boundary conditions should be 59 modified to consider sea level rise and high tide conditions. 60 d. To the extent practicable, compound flooding or the 61 combination of tidal, storm surge, and rainfall-induced 62 flooding. 63 3. The following scenarios and standards: 64 a. All analyses in the North American Vertical Datum of 65 1988. 66 b. At least two local sea level rise scenarios, which must 67 include the 2017 National Oceanic and Atmospheric Administration 68 intermediate-low and intermediate-high sea level rise 69 projections. 70 c. At least two planning horizons that include planning 71 horizons for the years 2040 and 2070. 72 d. Local sea level data that has been interpolated between 73 the two closest National Oceanic and Atmospheric Administration 74 tide gauges. Local sea level data may be taken from one such 75 gauge if the gauge has a higher mean sea level. Data taken from 76 an alternate tide gauge may be used with appropriate rationale 77 and department approval, as long as it is publicly available or 78 submitted to the department pursuant to paragraph (b). 79 (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA 80 LEVEL RISE DATA SET AND ASSESSMENT.— 81 (a) By July 1, 2022, the department shall complete the 82 development of a comprehensive statewide flood vulnerability and 83 sea level rise data set sufficient to conduct a comprehensive 84 statewide flood vulnerability and sea level rise assessment. In 85 developing the data set, the department shall compile, analyze, 86 and incorporate, as appropriate, information related to 87 vulnerability assessments submitted to the department pursuant 88 to subsection (3) or any previously completed assessments that 89 meet the requirements of subsection (3). 90 1. The Chief Science Officer shall, in coordination with 91 necessary experts and resources, develop statewide sea level 92 rise projections that incorporate temporal and spatial 93 variability, to the extent practicable, for inclusion in the 94 data set. This subparagraph does not supersede regionally 95 adopted projections. 96 2. The data set must include information necessary to 97 determine the risks to inland and coastal communities, 98 including, but not limited to, elevation, tidal levels, and 99 precipitation. 100 (b) By July 1, 2023, the department shall complete a 101 comprehensive statewide flood vulnerability and sea level rise 102 assessment that identifies inland and coastal infrastructure, 103 geographic areas, and communities in the state that are 104 vulnerable to flooding and sea level rise and the associated 105 risks. 106 1. The department shall use the comprehensive statewide 107 flood vulnerability and sea level rise data set to conduct the 108 assessment. 109 2. The assessment must incorporate local and regional 110 analyses of vulnerabilities and risks, including, as 111 appropriate, local mitigation strategies and postdisaster 112 redevelopment plans. 113 3. The assessment must include an inventory of critical 114 assets, including regionally significant assets, that are 115 essential for critical government and business functions, 116 national security, public health and safety, the economy, flood 117 and storm protection, water quality management, and wildlife 118 habitat management, and must identify and analyze the 119 vulnerability of and risks to such critical assets. When 120 identifying critical assets for inclusion in the assessment, the 121 department shall also take into consideration the critical 122 assets identified by local governments and submitted to the 123 department pursuant to subsection (3). 124 (c) The department shall update the comprehensive statewide 125 flood vulnerability and sea level rise data set and assessment 126 every 5 years. The department may update the data set and 127 assessment more frequently if it determines that updates are 128 necessary to maintain the validity of the data set and 129 assessment. 130 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.— 131 (a) By December 1, 2021, and each December 1 thereafter, 132 the department shall develop a Statewide Flooding and Sea Level 133 Rise Resilience Plan on a 3-year planning horizon and submit it 134 to the Governor, the President of the Senate, and the Speaker of 135 the House of Representatives. The plan must consist of ranked 136 projects that address risks of flooding and sea level rise to 137 coastal and inland communities in the state. 138 (b) The plan submitted by December 1, 2021, before the 139 comprehensive statewide flood vulnerability and sea level rise 140 assessment is completed, will be a preliminary plan that 141 addresses risks of flooding and sea level rise identified in 142 available local government vulnerability assessments. The plan 143 submitted by December 1, 2022, will be an update to the 144 preliminary plan. The plan submitted by December 1, 2023, and 145 each plan submitted by December 1 thereafter, shall address 146 risks of flooding and sea level rise identified in the 147 comprehensive statewide flood vulnerability and sea level rise 148 assessment. 149 (c) Each plan submitted by the department pursuant to this 150 subsection must include the following information for each 151 recommended project: 152 1. A description of the project. 153 2. The location of the project. 154 3. An estimate of how long the project will take to 155 complete. 156 4. An estimate of the cost of the project. 157 5. The cost-share percentage available for the project. 158 6. A summary of the priority score assigned to the project. 159 7. The project sponsor. 160 (d)1. By September 1, 2021, and each September 1 161 thereafter, counties and municipalities may submit to the 162 department a list of proposed projects that address risks of 163 flooding or sea level rise identified in vulnerability 164 assessments that meet the requirements of subsection (3). A 165 regional resilience entity may also submit such proposed 166 projects to the department on behalf of one or more member 167 counties or municipalities. 168 2. By September 1, 2021, and each September 1 thereafter, 169 each water management district and flood control district may 170 submit to the department a list of any proposed projects that 171 mitigate the risks of flooding or sea level rise on water 172 supplies or water resources of the state and a corresponding 173 evaluation of each project. 174 3. Each project submitted to the department by a county, 175 municipality, regional resilience entity, water management 176 district, or flood control district for consideration by the 177 department for inclusion in the plan must include: 178 a. A description of the project. 179 b. The location of the project. 180 c. An estimate of how long the project will take to 181 complete. 182 d. An estimate of the cost of the project. 183 e. The cost-share percentage available for the project. 184 f. The project sponsor. 185 (e) Each project included in the plan must have a minimum 186 50 percent cost-share unless the project assists or is within a 187 financially disadvantaged small community. For purposes of this 188 section, the term “financially disadvantaged small community” 189 means: 190 1. A municipality that has a population of 10,000 or fewer, 191 according to the most recent April 1 population estimates posted 192 on the Office of Economic and Demographic Research’s website, 193 and a per capita annual income that is less than the state’s per 194 capita annual income as shown in the most recent release from 195 the Bureau of the Census of the United States Department of 196 Commerce that includes both measurements; or 197 2. A county that has a population of 50,000 or fewer, 198 according to the most recent April 1 population estimates posted 199 on the Office of Economic and Demographic Research’s website, 200 and a per capita annual income that is less than the state’s per 201 capita annual income as shown in the most recent release from 202 the Bureau of the Census of the United States Department of 203 Commerce that includes both measurements. 204 (f) To be eligible for inclusion in the plan, a project 205 must have been submitted by a county, municipality, regional 206 resilience entity, water management district, or flood control 207 district pursuant to paragraph (d) or must have been identified 208 in the comprehensive statewide flood vulnerability and sea level 209 rise assessment, as applicable. 210 (g) Expenses ineligible for inclusion in the plan include, 211 but are not limited to, expenses associated with: 212 1. Aesthetic vegetation. 213 2. Recreational structures such as piers, docks, and 214 boardwalks. 215 3. Water quality components of stormwater and wastewater 216 management systems, except for expenses to mitigate water 217 quality impacts caused by the project or expenses related to 218 water quality which are necessary to obtain a permit for the 219 project.