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Item U1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 19 Febuary 2003 Division: Growth ManalZement Bulk Item: Yes No ----K- Department Marine Resources AGENDA ITEM WORDING: Update briefing on wastewater management projects and issues. I ITEM BACKGROUND: The County Administrator informed the BaCC at its June 20, 2002, regular meeting, that staff will provide briefing updates on the status of wastewater projects and issues to the BaCC on at least a monthly basis. In addition to an oral briefing, the staff will prepare a written update report intended for insertion in the Wastewater Project Book provided to the BaCC at the June meeting. A staff representative from the FKAA has also been asked to attend the meeting to provide the Commission with further updates on their projects as necessary . PREVIOUS RELEVANT BOCC ACTION: NA CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; NA TOTAL COST: NA BUDGETED: Yes No COST TO COUNTY: NA REVENUE PRODUCING: Yes No NA AMOUNT Per Month Year APPROVED BY: County Atty NA DIVISION DIRECTOR APPROVAL: , NA DOCUMENTATION: Included To Follow --K- Not Required DISPOSITION: AGENDA ITEM NO.: d BC030270 01/29/03 10:46 AM AGENDA ITEM WITH LATE DOCUMENTATION SUBJECT DATE ITEM WILL BE AVAILABLE c9t -10 .. 03 AGENDA ITEM NUMBER Memorandum DeDartment of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Voice: (305) 2892507 FAX: (305) 289 2536 Email: garrelt-george..WmonroecounIY_fl.com Board of Co un tv Commissioners Mayor Dixie Spehar, Dist. I Mayor Pro Tern Murray Nelson, Dist 5 Commissioner George Neugent, Dist 2 Commissioner Charles "Sonny" McCoy, Dist. 3 Commissioner David Rice, Dist. 4 DATE: 18 February, 2003 TO: Board of County Commissioners James L. Roberts, County AdministIator II 111. ::f).~R. Staff Update Report (# 02-03) on Wastewater Master Plan Implementation Issues FROM: SUBJECT: The staff of the Florida Keys Aqueduct Authority will be on hand at the February Commission meeting to update the Board on progress to date. The FKAA February staff report is attached for review (Attachment 1). AVAILABLE FUNDS FOR WASTEWATER Update on Federal Funds - $100 M Congressional Authorization: Public Law 106-554 authorized the Army Corps of Engineers (ACOE) to "provide technical and financial assistance to carry out projects for the planning, design and construction of treatment works to improve water quality in the Florida Keys National Marine Sanctuary. Congress may appropriate up to 100 million dollars through previous authorization language. Since January several meetings have occurred in furtherance of efforts to have Congress appropriate some portion of the $100 million Authorized by Congress. First, staff and a number of non governmental organizations met with Congresswoman Ileana Ros- Lehtinen to determine the best Congressional path for seeing the $100 million appropriated. Earlier Resolutions of the Board supported the appropriation of additional funds and indicated that a meeting should be held with our Congresswoman to determine the most appropriate approach for acquiring it, whether through the Army Corps of Engineers as currently Authorized or through a revision to the Authorization and Public Law 106-554 to allow funds to flow through the U.S. Environmental Protection Agency instead. Congresswoman Ros-Lehtinen indicated that the most appropriate route was through the current Authorization and the Army Corps of Engineers. Second, staff, several of the municipalities, and two non-governmental organizations went to Washington to meet with key congressional members. A separate report will be made of these efforts. . BC03027I 02/18/038:08 AM -t( .j Third a meeting occurred which including the Project Development Team established by the Army Corps of Engineers. Progress toward completing required Plans for completing wastewater projects were discussed and tabular information was provided. Fourth, in furtherance of an effort to move the $100 million Authorization to EPA and the Department of Community Affairs, House Bill 0101 was created at the State level which provides a wastewater / stormwater trust fund to be administered by FDCA. (House Bill 0101 is attached for your review). Uodate on FEMA Funds: The County staff continues to work with FEMA and the FKAA to complete the FEMA projects at Key Largo, Conch Key and Baypoint. Receipt of FEMA funds depends on the completion of a series of stepwise commitments leading from public hearings through construction design and ultimately construction. FEMA also indicates that the local share of the project must be committed and contracted by September 2003. Staff met on December 22,2002 with FEMA, FDCA, FDEP, and the FKAA to discuss each of the FEMA projects. A special focus was placed during the meeting on the transition requirements and timing for a shift in the Key Largo Trailer Village project to the Key Largo Wastewater Utility Board. It is expected that Supplemental Environmental Assessment hearings will held in the May June time frame in order to take the final step toward providing FEMA funds to each of three projects in the County and one in Islamorada. Uodate on FDEP State funding: State funding, in the amount of $ 11.8 million, was broken into three categories and may fund either wastewater or stormwater projects. First, $1.66 million was provided to qualifying projects in Key Largo, Islamorada, Marathon, and Key West. Second, $200,000 was provided both Layton and Key Colony Beach. Third, the remaining funds ($4.76 million) will be provided to qualifying projects in hotspot areas as identified in the Wastewater Master Plan. The County and municipalities have agreed in joint resolution to the equitable split of these funds. The County's share will be $1.112 million. Then, if there are any funds left over, additional projects will be considered in an additional round of funding. Progress is being made on each of the State funded projects, Key Largo Park, North Key Largo Utilities, Key West Resort Utilities. Bid requests for the Key Largo Park project were put out at the end of January from the FKAA. The Board approved contracts with the North Key Largo Utility and Key West Resort Utilities in January to complete or pay for improvements in those utility districts. The State contract to fund the utility projects was approved as well. All three projects will be completed prior to the March 1 deadline. RemaininlZ Cessoool Elimination Funds: In a separate report prepared for the September Board meeting, a complete assessment of the availability of the cesspit replacement funds was provided with recommendations for its 2 redistribution to other projects. However, at a minimum $1,095,394 of state funds and $792,049 of County funds are projected to remain for redistribution. These figures are predicated on an assumption that 36 on-site system pennits that were still in the system in September would apply for and receive grant funds for cesspit replacement. If this is not the case, then the availability of cesspit replacement funds for redistribution will be higher than projected. The BOCC approved utilizing FDCA and County funds intended for cesspit removal at its September 21, 2002 meeting. Grant revisions to both FDCA grants for cesspit funding were also provided to the Board at its October 16, 2002 meeting. Both contract revisions were approved. The Transition Agreement with the Key Largo Utility Board, the FKAA, and the County will define more clearly how much of the cesspit fund will be required in this area and in what proportions between projects. Other Grant Opoortunities: Under House Bill 851 (FY 2002), the County developed a wastewater project proposal for the Key Largo area. Similarly, the FKAA submitted several different proposals, one for each of its current wastewater project areas. The Key Largo proposal and other FKAA proposals were submitted in the early part of November. Rick Casey of the Monroe County Housing Authority had been very hopeful of receiving a Community Development Block Grant (CDBG)for approximately $350,000. This request fell through in October but apparently was revitalized in January when one of those agencies awarded funds failed to qualify in the final review. As the County was next in line, apparently the County will be receiving a share of the current grant funds. Staff understands that the amount may be substantially more than originally requested. Issues Addressed! Actions Taken o Approval by the BOCC to provide funds to the FKAA in the amount of $200,000 to offset costs of preliminary engineering efforts to complete requirements to receive State funds at Key Largo Park. o Approval of staff recommendations for use of remaining FDEP, FDCA, and County funds remaining from cesspit replacement program. o Approval of a Resolution requesting that the State's Congressional delegation assess the feasibility of shifting any federal appropriations funds for wastewater in the Florida for management and dissemination by the Florida Department of Community Affairs. o Approval by the BOCC to provide an additional $156,000 to the FKAA for development of the state funded Key Largo Park wastewater project. o Approval of a revised Resolution to seek a dual path for funding wastewater projects, one through the existing federal authorization and the other through the efforts of the County's 3 State Representative to have appropriations provided to a State Trust Fund administered by FDCA. o Submitted a project proposal for Key Largo under the auspices of House Bull 851. o Attendance or the Board at a meeting with Ileana Ros-Lehtinen's staff to discuss approaches federal wastewater funding. o Meeting held with Ileana Ros-Lehtinen's office regarding the most appropriate mechanism to obtain the $ 100 million appropriation. Indication was that the current approach is the best. o Introduction of House Bill 0 I 0 I which would create a wastewater / stormwater trust fund to be administered through FDCA. o Contracts approved and signed to move forward on acquiring state funds for North Key Largo Utility and Key West Resort Utility. Issues That Need to be Addressed o Need to adopt financial assistance criteria for economically disadvantaged households throughout the County. Recommended BOCC Action: o Consideration of additional recommendations for financial assistance programs. Silmificant Future Milestones! Actions: o Decision on financial assistance programs as recommended by staff. [Target Date: December Commission meeting] WASTEWATER GOVERNANCE Update FKAA: Currently County and FKAA staff are working well together. Municipal Service Taxing Units were approved at the December 2002 Board meeting for Conch Key, Marathon, Baypoint, and Big Coppitt. This leaves the Board with two options for funding the FKAA administrative costs over the next several years, the MSTUs or Infrastructure Sales Tax dollars from Fund 304. These funds will be required prior during construction and prior to the operation of any wastewater facilities. The total annual encumbrance, in either approach is approximately $150,000. Update Kev LarlZo Wastewater Utility Board: To date, staff has met with the new Board three times, once at its inaugural meeting on November 19, 2002, again on December 4, 2002, and a third time on December 11,2002 with FEMA, FDCA, FDEP, and FKAA to discuss the FEMA project in Key Largo. Additional workshops were held on January 7, 8, and 14th to discuss 4 budget and hiring both an engineer and grant manager. Regular Utility Board meetings were also held on January 15 and 22, 2002. Agenda packages and minutes from the meetings which have been held are being provided to the Board of County Commissioners as they occur. Major issues addressed by the Utility Board include administrative hiring and budget matters, completing the bid process for Key Largo Park, and adopting a rate and fee structure for Key Largo Park and Trailer Village which is sufficient to secure the state wastewater dollars. The District hired the firm of GSG (Governmental Services Group) with Robert Sheets to mange the utility. They adopted the FK.AA fees and rate structure and requested that the County adopt an MSTU for the area of the Key Largo Wastewater Treatment District. Staff of the Utility District, the FK.AA, and the County have worked diligently to prepare a transition agreement between the County, FK.AA, and the Utility Board which will be on the January BaCC agenda. The Transition Agreement will be available for initial review at the February meeting of the BaCC. This document must be approved before March 1,2003. Issues Addressed! Actions Taken o MSTUs advertised and adopted for Conch Key, Marathon, Bay Point, and Big Coppitt o A District Manager (Management Firm - GSG/Robert Sheets), a District Engineer (Boyle Engineering) were hired, and number of Key Resolutions (Rates & Fees and Request for MSTU), were passed by the Key Largo Wastewater Utility District. Issues That Need to be Addressed: o Need to prepare and approve new agreements between the FK.AA and Monroe County spelling out the roles and responsibilities of the two organizations for each party for the provision of wastewater services and financial commitment and underwriting by the County. o Need a transition agreement between the County, FK.AA, and the Key Largo Wastewater Utility Board. o Need an interim revenue source to provide for administrative cost, which may be in the form of an MSTU ordinance adopting a wastewater district for Key Largo after careful consideration of the Commission. Recommended BaCC Action: o Consideration of new agreement(s) with the FK.AA establishing roles and responsibilities for wastewater services in unincorporated Monroe County prepared by the FK.AA and County staffs. o Consideration of a transition agreement between the County, FK.AA, and the Key Largo Wastewater Utility Board. [Target Date: January meeting 5 o Consideration of an MSTU ordinance adopting a wastewater district for Key Largo if the Key Largo Wastewater Board requests such action and only after careful consideration of the Commission. [Target Date: Advertisement at the February meeting; Hearing at the March meeting] Significant Future Milestones! Actions: o Execution of new agreement(s) with the FKAA spelling out the renewed relationship with the County including specific roles and responsibilities and financial commitment and underwriting by the County. [Target Date: December or later Commission meeting] o Approval of a transition agreement between the County, FKAA, and the Key Largo Wastewater Utility Board.. [Target Date: January meeting o Approval of an MSTU ordinance adopting a wastewater district for Key Largo after careful consideration of the Commission. [Target Date: February meeting] PROGRAMMATIC IMPLEMENTATION PLAN Uodate: No Additional Update at this time. Issues Addressed/Action Taken: o Approval by BOCC of policies on "reasonable" connection fees and monthly service charges and public financial assistance to wastewater projects and economically disadvantage households. Issues That Need to be Addressed: o Need for realistic programmatic implementation plan that establishes policies on reasonable connection fees and monthly charges; project and financing priorities; and a schedule for programming of wastewater projects based on available identified funding in accordance with the Sanitary Wastewater Master Plan. o Need to revise the Seven Year Work Program in the Monroe County Year 2010 Comprehensive Plan to reflect the results of the adopted programmatic implementation plan. Recommended BOCC Action: o Consideration of recommended draft programmatic implementation plan prepared by County and FKAA staff. Significant Future Milestones/Actions: 6 o Approval of programmatic implementation plan for the Sanitary Wastewater Master Plan [Target Date: January 2003 Commission meeting] FEMA UNMET NEEDS PROJECTS A. General The Programmatic Environmental Assessment (PEA) for all FEMA projects is completed and that public hearing dates were held on October 8, 2002 in Key Largo and October 9, 2002 in Marathon. Supplemental Environmental Assessment hearings will be held for each of the projects individually, Key Largo, Conch Key, and Baypoint later in the winter. Dates have not yet been set for these hearings. However, these meetings should start with the Conch Key project sometime in mid 2003. B. Key Largo Trailer Village (MM 101.5) and Key Largo Park (MM 100.5) -,- Update: Staff met with FEMA, FDCA, and FDEP project managers to discus progress and the current time line for this project on December 11,2002, Issues Addressed! Addressed Taken: o Approval by the BOCC assigning $1.66 million in available State funds to expand the Key Largo Trailer Village FEMA project to include Key Largo Park. o Approval of a resolution with the FKAA for the use of $1.66 million in FDEP funds to move forward toward constructing the Key Largo Park project and the designation of up to $200,000 in Fund 148 dollars to assist the FKAA in on-going engineering costs for the Key Largo project. o Approval of an additional $156,000 in funding for project development at Key Largo Park. o Approval of a revision to the Inter-local Agreement with FKAA to allow direct payment to Boyle Engineering for engineering services on Key Largo Park. Issues That Need to be Addressed: o Need to amend the joint resolution with FKAA (Resolution No. 093-02) to more accurately reflect transition of responsibilities and duties to the new wastewater utility board for the FEMA and State project commitments and for any commitments that the County has made to the FKAA. Recommended BOCC Action: o Consideration of an amended joint resolution agreement with the FKAA for the Key Largo Trailer Village on a transition plan and appropriate changes in County funding and underwriting commitments. 7 SiIDlificant Future Milestones! Actions: o Approval of a joint transition agreement with the FKAA and the Wastewater District on the Key Largo Trailer Village project. [Target Date: February Commission meeting} C. Conch Key (MM 61) Update: Staff met with FEMA, FDCA, and FDEP project managers to discus progress and the current time line for this project on December 11, 2002. Issues Addressed/Addressed Taken: o Approval by the BOCC of the selection of the stand-alone wastewater management option for Conch Key on June 20, 2002. o Approval of an agreement with FDOT for the proposed wastewater treatment plant site on the north side of the Overseas Highway, Conch Key o Decision not to move forward in acquiring property on the south side of the Overseas Highway, Conch Key. o Held informal workshops with the Conch Key community in early December 2002 Issues That Need to be Addressed: o Need to revise the joint resolution with the FKAA (Resolution No. 227-002) to reflect updated job responsibilities and commitments. Recommended BOCC Action: o Consideration of amended joint resolution or agreement with the FKAA for Conch Key on milestones to complete the project and on County funding and underwriting for the commitments for the project. SiIDlificant Future Milestones/Actions: o Approval of a joint resolution on milestones to complete the Conch Key project and on County project funding and underwriting commitments. [Target Date: March Commission meeting} D. Baypoint (MM 15) ./ Uodate: Staff met with FEMA, FDCA, and FDEP project managers to discus progress and the current time line for this project on December 11, 2002. 8 Issues Addressed! Addressed Taken: o Selection by the BaCC of a site in Bluewater R V Park for location of a wastewater treatment plant. o Approval to purchase lots 11 and 12 of Baypoint Subdivision o Held informal workshops with the Bay Point community in early December 2002 o Baypoint lots 11 and 12 purchased and in County ownership Issues That Need to be Addressed: o Need to revise the joint resolution with the FKAA concerning mutual responsibilities and commitments for the Baypoint FEMA project. Recommended HaCC Action: o Consideration of an amended joint resolution with the FKAA. Significant Future Milestones/Actions: o Approval of an amended joint resolution with the FKAA. [Target Date: January 2003 Commission meeting or later} KEY WEST RESORT UTILITIES (STOCK ISLAND EXPANSION) Uodate: A Resolution is on the Board agenda for December requesting that the KWRU initiate an upgrade of their wastewater facility to meet the A WT wastewater effiuent standard. In addition, the state has determined that funding appropriated under state budget line item 1765 a, may be used for private utilities. County staff is proceeding to assure that this project meets its March 1, 2003 deadlines in order to receive funding directed toward this project ($134,822). In January at its regular Board meeting, the BaCC heard from a number of concerned citizens about the connection requirements with Key West Resort Utilities. As currently approved, many properties would be required to make significant unanticipated on-site improvements at substantial additional cost per unit. Staff has been making a review of the issues and is prepared to identify critical concerns for the Commission at its February meeting and will make policy recommendations at the Board's March meeting. The Board approved a Contract with Key West Resort Utility to provide some of the State 1776A funding to the Stock Island project - in the amount of $134,822. All obligations to receive the funding will be met by the March 1 deadline. 9 Issues Addressed! Addressed Taken: o Approval by the BOCC on July 31, 2002, of a contract to make available to Key West Resort Utility $4.6 million in Fund 304 Infrastructure money to expand its collection to the remaining portions of south Stock Island. o Acceptance of financial assistance program for economically disadvantaged households presented by staff. o Revision of financial assistance program to include mobile home park owners, allowing multiple payments over a three year period. o Approval of a Resolution for Key West Resort Utility move forward on upgrading its plant to AWT. o Approval of a contract for receipt of state monies to assist in construction on Stock Island. Issues That Need to be Addressed: o Review of Connection policies for Key West Resort Utilities - what properties are served to what degree, and at who's expense. Recommended BOCC Action: o Establishment of a Connection policy for Key West Resort Utilities and the rest of the Keys under FKAA and KL WTD authority - what properties are served to what degree, and at who's expense. Significant Future Milestones! Actions: o Approval of a connection policy for all areas of the Keys, including Key West Resort Utilities [Target Date: March 2003 Commission meeting or later) LOWER KEYS WASTEWATER (MM 7.0 TO MM 11.0) // Update: The FKAA is initiating preliminary work to develop engineering design criteria for the Big Coppitt area. This will begin in detail in October. Information developed by the FKAA will be evaluated to determined what the best management options are for the area. A preferred approach will be presented to the Commission. Staff will submit a grant proposal to FDEP under the auspices of House Bill 851 (FY 2002). Issues Addressed! Addressed Taken: o None to date 10 Decentralized Utility feasibility study. CH2MHill will provide all documentation and report to the Commission by early 2003. At the December BOCC meeting the Commission indicated that they didn't want the grant application to be sent to EPA yet and that refinement was still necessary. Staff will bring the application back to the Board for additional review most likely at the time that the feasibility study is presented. No additional update. Issues Addressed! Addressed Taken: o Approval of staff recommendations to move forward with the EP A decentralized grant program. Issues That Need to be Addressed: o Need to determine how the grant funds will be used and to prepare an application to receive the EP A decentralized utility grant award. o Need to complete a feasibility analysis to determine whether or not to move forward with the EP A decentralized Utility grant award. o Need to access the feasibility study and determine the future direction of the EP A decentralized wastewater project. Recommended BOCC Action: o Agreement to submit grant application to EP A. o Assessment of project feasibility for the EP A Decentralized Utility project. Significant Future Milestones/Actions: o Approval of EP A grant for Decentralized Utility funding. [Target Date: December 2002 Commission meeting] o Determination of project feasibility for the EP A Decentralized Utility project. [Target Date: January or February 2003 Commission meeting] OTHER ISSUES Update: Revision of the "coldspot" ordinance has placed areas like Duck Key and Conch Key in jeopardy of being required to provide engineered on-site wastewater systems prior to the availability of the centralize wastewater system anticipated for either area. This jeopardy would involve both new construction, additions, repair, or redevelopment. 12 Issues Addressed/Addressed Taken: o Revision of ordinance to change Duck Key and Conch Key to "hotspots." Resolutions 39- 2002 and 40-2002. Issues That Need to be Addressed: o None Recommended HOCC Action: o None Significant Future Milestones/Actions: o 13 Attachment 1 FKAA February update 14 WASTEWATER REPORT - FEBRUARY 2003 /Active Project~ Little Venice Phase II Expansion: · FKAA Staff, Boyle Engineering and the FDEP have completed the documentation required by the USEP A to advertise an amended Finding of No Significant Impact fONSI) for the expanded project. FDEP has prepared a draft of the amended FONSI and forwarded it to the USEP A. The entire process for amending the FONSI is expected to take approximately 3 months and should be complete in May. · Boyle Engineering has completed minor revisions and clarifications to the collection system expansion design. The receipt and opening of bids is now scheduled for Thursday, February 1 jh. · As of February 7th the following construction contractors had obtained a copy of the bid documents for the project: Douglas N. Higgins, Inc. (Naples & Key West, FL) Atlantic Civil, Inc. (Miami, FL) Man-Con, Inc. (Deerfield Beach, FL) United Engineering Corp. (Davie, FL) Astaldi Construction Corp. (Davie, FL) · FKAA staff and Boyle Engineering are reviewing the proposed change order received from United Engineering Corporation to expand the capacity of the Little Venice WWTP. · Staff has applied for $900,000 of funding under the State of Florida Water Projects Funding (WPF) grant program in an effort to obtain supplemental funding for the project. · Staff is preparing an RFP for contracted operations and maintenance services. The RFP is scheduled to be complete by June 3<Jh. Marathon Central: · The bond validation ruling issued on August 2ft by the Monroe County Circuit Court has been appealed to the Florida Supreme Court. · Additional changes are complete to the designlbuild/operate request for proposals that have been requested by the FDEP in their role as lender under 15 Cardinal Contractors, Inc. (Sarasota, FL) Kev Lareo Park: · An agreement for $1,660,000 of grant funding has been drafted by the FDEP and provided to theKLWTD Sewer Board and Monroe County. · Boyle Engineering completed the design drawings and technical specifications for the project. The solicitation for construction bids was published on January 2gh. Bids will be received and opened on Tuesday, February 25th. · County staff is evaluating the availability of other sources of state and county grant funding (i.e., cesspit elimination funds), of which approximately $1,387,000 will be applied toward construction of the Key Largo Park project. · The KLWTD is also targeted to receive $100,000 of construction grant funding that is included in the South Florida Water Management District (SFWMD) fiscal year 2002/03 budget. Bav Point: · Staff has completed a Basis of Conceptual Design Report to accompany the Supplemental Environmental Assessment (SEA) information required for FEMA. A site-specific SEA public workshop will be conducted by FEMA in April or May. · Staff has also completed another design report evaluating the requirements for an alternative option to a central wastewater system. This report was requested by FEMA as additional information to support the SEA process. · Boyle Engineering is preparing a Preliminary Design Report based on a stand-alone treatment plant to be located on Bay Point Key. · Staff has applied for $400,000 of funding under the State of Florida Water Projects Funding (WPF) grant program in an effort to obtain supplemental funding for the project. Bie Coppitt Kev. Geieer Kev and Rockland Kev: 17 · Lindahl, Browning, Ferrari and Hellstrom (LBFH) has started work on a wastewater facilities plan and cost of service study to identify the most cost- effective approach for serving the Boca Chica Community Service Area. The facilities plan and study will be complete by May 15, 2003. · Staff has applied for $1,800,000 of grant funding under the State of Florida Water Projects Funding (WPF) grant program in an effort to initiate a wastewater project that will serve a portion of Big Coppitt Key. 18 DESIGN AND RFP SCHEDULE COMPLETE PROJECT NAME DESIGN ADVERTISE RFP RECEIVE PROPOSALS ---------------------------------- ----------------- ------------------- Little Venice ExpansionJan. 10,2003 Jan. 12,2003 Feb. 13, 2003 Key Largo Trailer Village Jan. 10,2003 Jan. 12,2003 Feb. 19,2003 (Tech.) Feb. 26,2003 (CosQ Key Largo Park Jan. 24,2003 Jan. 26, 2003 Feb. 25, 2003 Conch Key Apr. 30, 2003 May 4, 2003 May 29, 2003 Bay Point May 30, 2003 June 1, 2003 June 27, 2003 19 Attachment 2 House Bill 0101 20 FLORIDA H 0 USE o F REPRESENTATIVES .. HB 0101 2003 1 A bill to be entitled 2 An act relating to trust funds; creating s. 403.185, F.S.; 3 creating the Florida Keys and Key West Areas of Critical 4 State Concern Wastewater and Stormwater Trust Fund to be 5 administered by the Department of Community Affairs; 6 providing sources of funds; providing purposes and 7 administrative provisions with respect to such purposes; 8 providing rulemaking authority for such administrative 9 provisions; providing for annual carryforward of funds; 10 providing for future review and termination or re-creation 11 of the trust fund; providing for termination of the trust 12 fund following removal of the area of critical state 13 concern designation from the Florida Keys and Key West 14 Areas; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 403.185, Florida Statutes, is created 19 to read: 20 403.185 Florida Keys and Key West Areas of Critical State 21 Concern Wastewater and Stormwater Trust Fund.-- 22 (1) There is created the Florida Keys and Key West Areas 23 of Critical State Concern Wastewater and Stormwater Trust Fund 24 to be administered by the Department of Community Affairs for 25 the purpose of funding priority wastewater and stormwater 26 management projects in the Florida Keys and Key West Areas of 27 Critical State Concern. (2) The trust fund shall be credited with state 28 29 appropriations made by law and with funds from state and federal 30 grants. Page 1 of 4 CODING: Words strickon are deletions; words underlined are additions. FLORIDA H 0 USE o F REPRESENTATIVES .. HB 0101 2003 31 (3) (a) The Department of Community Affairs may award funds 32 from the trust fund to a local government agency, including the 33 Florida Keys Aqueduct Authority, responsible for wastewater or 34 stormwater management services. 35 (b) Funds may be awarded to cover the costs of engineering 36 design, construction and construction-related services, and 37 construction supervision. Planning costs are not eligible for 38 funding. 39 (4) The Department of Community Affairs also may award 40 funds from the trust fund to property owners for the purpose of 41 upgrading unpermitted individual residential onsite treatment 42 and disposal systems, consistent with the requirements of 43 chapter 99-395, Laws of Florida, in areas not planned for 44 central wastewater facilities by 2010. 45 (5) The Department of Community Affairs may establish a 46 maximum amount of funds to be awarded to anyone recipient in 47 any given year or in total. In awarding funds, the department 48 may consider the rate impacts on customers in an effort to 49 equalize those impacts to the extent practicable. 50 (6) The Department of Community Affairs may award funds 51 only for projects that are consistent with: 52 (a) The Monroe County Wastewater Master Plan and any 53 locally adopted wastewater master plan; or 54 (b) A locally adopted stormwater master plan. 55 (7) The Department of Community Affairs may award funds 56 for the specific purpose of making affordable a loan under s. 57 403.1835. Affordability criteria shall be established by the 58 Department of Community Affairs, in consultation with the 59 Department of Environmental Protection. Page 2 of 4 CODING: Words strickon are deletions; words underlined are additions. FLORIDA H 0 USE o F REPRESENTATIVES .. HB 0101 2003 60 (8) The Department of Community Affairs, in consultation 61 with the Department of Environmental Protection, shall 62 rioritize for the ur ose of awardin 63 mone from the trust fund. Priorit considerations ma include, 64 but are not limited to, the extent of public health protection 65 and water quality improvement expected of the project. For 66 ur oses of this section, readiness to roceed means, at a 67 minimum, that a project sponsor has demonstrated and documented 68 the following: 69 (a) That it has the financial capability to construct the 70 project with the assistance provided and any other legally 71 available funds. 72 (b) That, in the case of wastewater projects, it has 73 enforceable sewer use policies. 74 (c) That it has a program to provide assistance to low- 75 income residents to help defray the impact of rates and fees. 76 (d) That it will be able to proceed with construction, or 77 with a design-build project, at a definite cost based on a firm 78 bid or proposal. 79 (e) That the plan, project costs, rate and fee impacts, 80 and overall implications of the project have been presented to 81 the public affected by the project. 82 (9) The Department of Community Affairs may adopt rules 83 pursuant to ss. 120.536(1) and 120.54 necessary to administer 84 subsections (3) - (8) . 85 (10) Notwithstanding the provisions of s. 216.301 and 86 pursuant to s. 216.351, any balance in the trust fund at the end 87 of any fiscal year shall remain in the trust fund at the end of 88 the year and shall be available for carrying out the purposes of 89 the trust fund. Page 3 of4 CODING: Words strickon are deletions; words underlined are additions. FLORIDA H 0 USE o F REPRESENTATIVES .. 90 HB 0101 (11) 2003 Pursuant to the provisions of s. 19 (f) (2), Art. III 91 of the State Constitution, the trust fund shall, unless 92 terminated sooner, be terminated on July 1, 2007. Prior to its 93 scheduled termination, the trust fund shall be reviewed as 94 provided in s. 215.3206. 95 (12) The trust fund, if not repealed sooner pursuant to 96 subsection (11), shall be repealed 5 years after the date the 97 area of critical state concern designation is removed from both 98 the Florida Keys and Key West Areas. 99 Section 2. This act shall take effect July 1, 2003. Page 4 of 4 CODING: Words strickon are deletions; words underlined are additions.