Bill Text: FL S1162 | 2022 | Regular Session | Introduced

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Bill Title: Infrastructure Project Funding

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Environment and Natural Resources [S1162 Detail]

Download: Florida-2022-S1162-Introduced.html

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       Florida Senate - 2022                                    SB 1162
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01183A-22                                           20221162__
    1                        A bill to be entitled                      
    2         An act relating to infrastructure project funding;
    3         creating s. 216.3492, F.S.; defining terms;
    4         prohibiting an administering agency from disbursing
    5         funds from any category of the General Appropriations
    6         Act for infrastructure projects under certain
    7         conditions; requiring a grantee to use the revenues
    8         for infrastructure projects for certain activities;
    9         amending s. 373.501, F.S.; prohibiting water
   10         management districts from appropriating or disbursing
   11         funds to grantees for water-related projects unless
   12         certain conditions are met; prohibiting potential
   13         grantees from seeking funds for water-related projects
   14         under certain conditions; defining the term “grantee”;
   15         amending s. 403.885, F.S.; prohibiting certain
   16         entities from applying for water project grant
   17         funding; prohibiting applicants from seeking water
   18         project grant funding under certain conditions;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 216.3492, Florida Statutes, is created
   24  to read:
   25         216.3492 Limitation on disbursements to certain local
   26  governments and special districts for infrastructure projects.—
   27         (1) As used in this section, the term:
   28         (a) “Administering agency” means the governmental agency or
   29  entity charged in any category of the General Appropriations Act
   30  with administering or disbursing an appropriation.
   31         (b) “General governmental functions” means all the
   32  services, other than provision of utility services, provided by
   33  a grantee. However, for the purposes of this section, the term
   34  does not include administrative and support services provided by
   35  the grantee to a government-owned utility under an approved cost
   36  allocation plan.
   37         (c) “Government-owned utility” means any electric, water,
   38  stormwater, or wastewater utility system owned by a
   39  municipality, a county, a rural electric cooperative, or a
   40  special district created to own and operate a government-owned
   41  utility.
   42         (d) “Grantee” means a county, a municipality, a rural
   43  electric cooperative, or a special district created to own and
   44  operate a government-owned utility, which applies for funds
   45  appropriated by the Legislature in the General Appropriations
   46  Act.
   47         (e) “Infrastructure project” means a project related to
   48  coastal resiliency, flood control, stormwater management,
   49  wastewater management, water supply, or power generation,
   50  including the construction, renovation, maintenance, operations,
   51  or repair of building or facility, fixtures and equipment.
   52         (2) An administering agency may not disburse funds from any
   53  category of the General Appropriations Act related to
   54  infrastructure projects to a grantee if the grantee uses any
   55  revenues collected in providing utility services to finance the
   56  grantee’s general governmental functions or to lend money to
   57  finance the grantee’s general governmental functions. To be
   58  eligible for a disbursement of an appropriation or a grant by an
   59  administering agency, the grantee must use the revenues of the
   60  government-owned utility exclusively for construction,
   61  operations, maintenance, and administrative costs directly
   62  associated with providing utility services to its customers.
   63         Section 2. Subsection (3) is added to section 373.501,
   64  Florida Statutes, to read:
   65         373.501 Appropriation of funds to water management
   66  districts; appropriation of funds from water management
   67  districts.—
   68         (3) A water management district may not appropriate or
   69  disburse funds to a grantee from any source for any water
   70  related project, including, but not limited to, a coastal
   71  resiliency, flood control, stormwater management, wastewater
   72  management, or water supply project, if the recipient uses
   73  revenues it collects in providing utility services to finance
   74  the grantee’s general governmental functions or to lend money to
   75  finance the grantee’s general governmental functions, as defined
   76  in s. 216.3492(1)(b). A potential grantee may not seek funds if
   77  any of the revenues it collects in providing utility services
   78  are transferred to another fund to finance the grantee’s general
   79  governmental functions or if the revenues collected are used to
   80  provide loans to finance its general governmental functions. For
   81  purposes of this subsection, the term “grantee” means a county
   82  or municipality that provides water, stormwater, or wastewater
   83  services, or a special district created to own and operate a
   84  utility that provides water, stormwater, or wastewater services.
   85         Section 3. Subsection (1) of section 403.885, Florida
   86  Statutes, is amended to read:
   87         403.885 Water Projects Grant Program.—
   88         (1) The Department of Environmental Protection shall
   89  administer a grant program to use funds appropriated by the
   90  Legislature for water quality improvement, stormwater
   91  management, wastewater management, and water restoration and
   92  other water projects as specifically appropriated by the
   93  Legislature. Eligible recipients of such grants include
   94  counties, municipalities, water management districts, and
   95  special districts that have legal responsibilities for water
   96  quality improvement, water management, stormwater management,
   97  wastewater management, lake and river water restoration
   98  projects, and drinking water projects pursuant to this section.
   99  To be eligible for grant funding, a recipient of grant funds
  100  must verify to the department that it will use the revenues
  101  received exclusively for construction, operations, maintenance,
  102  or administrative costs directly associated with providing
  103  utility services to its customers. A recipient may not apply for
  104  grant funding if any of the revenues it collects from providing
  105  utility services are transferred to any other fund to finance
  106  the recipient’s general governmental functions, as defined in s.
  107  216.3492(1)(b), or if the revenues collected are used to lend
  108  funds to finance the recipient’s general governmental functions.
  109         Section 4. This act shall take effect July 1, 2022.