Florida Senate - 2022 SB 1162 By Senator Broxson 1-01183A-22 20221162__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to infrastructure project funding; 2 creating s. 216.3492, F.S.; defining terms; 3 prohibiting an administering agency from disbursing 4 funds from any category of the General Appropriations 5 Act for infrastructure projects under certain 6 conditions; requiring a grantee to use the revenues 7 for infrastructure projects for certain activities; 8 amending s. 373.501, F.S.; prohibiting water 9 management districts from appropriating or disbursing 10 funds to grantees for water-related projects unless 11 certain conditions are met; prohibiting potential 12 grantees from seeking funds for water-related projects 13 under certain conditions; defining the term “grantee”; 14 amending s. 403.885, F.S.; prohibiting certain 15 entities from applying for water project grant 16 funding; prohibiting applicants from seeking water 17 project grant funding under certain conditions; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22

Section

Section 216.3492, Florida Statutes, is created 23 to read: 24 216.3492 Limitation on disbursements to certain local 25 governments and special districts for infrastructure projects.— 26

(1) As used in this section, the term: 27 (a) “Administering agency” means the governmental agency or 28 entity charged in any category of the General Appropriations Act 29 Florida Senate - 2022 SB 1162 1-01183A-22 20221162__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. with administering or disbursing an appropriation. 30 (b) “General governmental functions” means all the 31 services, other than provision of utility services, provided by 32 a grantee.

However, for the purposes of this section, the term 33 does not include administrative and support services provided by 34 the grantee to a government-owned utility under an approved cost 35 allocation plan. 36 (c) “Government-owned utility” means any electric, water, 37 stormwater, or wastewater utility system owned by a 38 municipality, a county, a rural electric cooperative, or a 39 special district created to own and operate a government-owned 40 utility. 41 (d) “Grantee” means a county, a municipality, a rural 42 electric cooperative, or a special district created to own and 43 operate a government-owned utility, which applies for funds 44 appropriated by the Legislature in the General Appropriations 45 Act. 46 (e) “Infrastructure project” means a project related to 47 coastal resiliency, flood control, stormwater management, 48 wastewater management, water supply, or power generation, 49 including the construction, renovation, maintenance, operations, 50 or repair of building or facility, fixtures and equipment. 51

(2) An administering agency may not disburse funds from any 52 category of the General Appropriations Act related to 53 infrastructure projects to a grantee if the grantee uses any 54 revenues collected in providing utility services to finance the 55 grantee’s general governmental functions or to lend money to 56 finance the grantee’s general governmental functions.

To be 57 eligible for a disbursement of an appropriation or a grant by an 58 Florida Senate - 2022 SB 1162 1-01183A-22 20221162__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. administering agency, the grantee must use the revenues of the 59 government-owned utility exclusively for construction, 60 operations, maintenance, and administrative costs directly 61 associated with providing utility services to its customers. 62

Section 2. Subsection (3) is added to

section 373.501, 63 Florida Statutes, to read: 64 373.501 Appropriation of funds to water management 65 districts; appropriation of funds from water management 66 districts.— 67

(3) A water management district may not appropriate or 68 disburse funds to a grantee from any source for any water-69 related project, including, but not limited to, a coastal 70 resiliency, flood control, stormwater management, wastewater 71 management, or water supply project, if the recipient uses 72 revenues it collects in providing utility services to finance 73 the grantee’s general governmental functions or to lend money to 74 finance the grantee’s general governmental functions, as defined 75 in s. 216.3492(1)(b).

A potential grantee may not seek funds if 76 any of the revenues it collects in providing utility services 77 are transferred to another fund to finance the grantee’s general 78 governmental functions or if the revenues collected are used to 79 provide loans to finance its general governmental functions. For 80 purposes of this subsection, the term “grantee” means a county 81 or municipality that provides water, stormwater, or wastewater 82 services, or a special district created to own and operate a 83 utility that provides water, stormwater, or wastewater services. 84

Section 3. Subsection (1) of

section 403.885, Florida 85 Statutes, is amended to read: 86 403.885 Water Projects Grant Program.— 87 Florida Senate - 2022 SB 1162 1-01183A-22 20221162__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions.

(1) The Department of Environmental Protection shall 88 administer a grant program to use funds appropriated by the 89 Legislature for water quality improvement, stormwater 90 management, wastewater management, and water restoration and 91 other water projects as specifically appropriated by the 92 Legislature.

Eligible recipients of such grants include 93 counties, municipalities, water management districts, and 94 special districts that have legal responsibilities for water 95 quality improvement, water management, stormwater management, 96 wastewater management, lake and river water restoration 97 projects, and drinking water projects pursuant to this section. 98 To be eligible for grant funding, a recipient of grant funds 99 must verify to the department that it will use the revenues 100 received exclusively for construction, operations, maintenance, 101 or administrative costs directly associated with providing 102 utility services to its customers.

A recipient may not apply for 103 grant funding if any of the revenues it collects from providing 104 utility services are transferred to any other fund to finance 105 the recipient’s general governmental functions, as defined in s. 106 216.3492(1)(b), or if the revenues collected are used to lend 107 funds to finance the recipient’s general governmental functions. 108

Section 4. This act shall take effect July 1, 2022. 109