Florida Senate - 2022 CS for SB 1434 By the Committee on Environment and Natural Resources; and Senator Rodriguez 592-02257-22 20221434c1 1 A bill to be entitled 2 An act relating to public financing of potentially at 3 risk structures and infrastructure; amending s. 4 161.551, F.S.; defining and revising terms; providing 5 that certain areas are at risk due to sea-level rise 6 and structures and infrastructure within those areas 7 are potentially at risk; providing an additional 8 requirement for the standard for conducting a SLIP 9 study; conforming provisions to changes made by the 10 act; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Section 161.551, Florida Statutes, is amended to 15 read: 16 161.551Public financing of construction projects within 17 areas at risk due to sea-level rise the coastal building zone. 18 (1)As used in this section, the term: 19 (a)Area at risk due to sea-level rise means any location 20 that is projected to be below the threshold for tidal flooding 21 within the next 50 years by adding sea-level rise using the 2017 22 National Oceanic and Atmospheric Administration intermediate 23 high sea-level rise projection. For purposes of this paragraph, 24 the threshold for tidal flooding is 2 feet above mean higher 25 high water. 26 (b)Potentially at-risk Coastal structure or 27 infrastructure means any of the following when within an area 28 at risk due to sea-level rise: 29 1.A major structure, regardless of whether it has the 30 potential for substantially impacting coastal zones. 31 2.A or nonhabitable major structure. 32 3.Any other construction critical to public health, life, 33 or safety within the coastal building zone. 34 (c)(b)Public entity means the state or any of its 35 political subdivisions, or any municipality, county, agency, 36 special district, authority, or other public body corporate of 37 the state which is demonstrated to perform a public function or 38 to serve a governmental purpose that could properly be performed 39 or served by an appropriate governmental unit. 40 (e)(c)SLIP study means a sea level impact projection 41 study as established by the department pursuant to subsection 42 (3). 43 (f)(d)State-financed constructor means a public entity 44 that commissions or manages a construction project using funds 45 appropriated from the state. 46 (d)(e)Significant Substantial flood damage means flood, 47 erosion, inundation, or wave action damage resulting from a 48 discrete or compound natural hazard single event, such as a 49 flood or tropical weather system, where such damage exceeds: 50 1.Twenty-five 25 percent of the replacement cost market 51 value of the potentially at-risk coastal structure or 52 infrastructure at the time of the event; or 53 2.A defined threshold established by the department in 54 coordination with the Department of Transportation and water 55 management districts. The threshold must be established by July 56 1, 2023. 57 (2)Beginning 1 year after the date the rule developed by 58 the department pursuant to subsection (3) is finalized and is 59 otherwise in effect, a state-financed constructor may not 60 commence construction of a potentially at-risk coastal structure 61 or infrastructure without: 62 (a)Conducting a SLIP study that meets the requirements 63 established by the department; 64 (b)Submitting the study to the department; and 65 (c)Receiving notification from the department that the 66 study was received and that it has been published on the 67 departments website pursuant to paragraph (6)(a) for at least 68 30 days. The state-financed constructor is solely responsible 69 for ensuring that the study submitted to the department for 70 publication meets the requirements under subsection (3). 71 (3)The department shall develop by rule a standard by 72 which a state-financed constructor must conduct a SLIP study and 73 may require that a professional engineer sign off on the study. 74 The rule must be effective 1 year after the date it is finalized 75 and applies only to projects not yet commenced as of the date 76 the rule is finalized. The rule may not apply retroactively to 77 projects that commenced before the date the rule is finalized. 78 At a minimum, the standard must require that a state-financed 79 constructor do all of the following: 80 (a)Use a systematic, interdisciplinary, and scientifically 81 accepted approach in the natural sciences and construction 82 design in conducting the study. 83 (b)Assess the flooding, inundation, and wave action damage 84 risks relating to the potentially at-risk coastal structure or 85 infrastructure over its expected life or 50 years, whichever is 86 less. 87 1.The assessment must take into account potential relative 88 local sea-level rise and increased storm risk during the 89 expected life of the potentially at-risk coastal structure or 90 infrastructure or 50 years, whichever is less, and, to the 91 extent possible, account for the contribution of sea-level rise 92 versus land subsidence to the relative local sea-level rise. 93 2.The assessment must provide scientific and engineering 94 evidence of the risk to the potentially at-risk coastal 95 structure or infrastructure and methods used to mitigate, adapt 96 to, or reduce this risk. 97 3.The assessment must use and consider available 98 scientific research and generally accepted industry practices. 99 4.The assessment must provide an estimated probability of 100 significant the mean average annual chance of substantial flood 101 damage to the potentially at-risk structure or infrastructure 102 over the expected life of the coastal structure or 103 infrastructure or 50 years, whichever is less. 104 5.The assessment must analyze potential public safety and 105 environmental impacts resulting from damage to the potentially 106 at-risk coastal structure or infrastructure, including, but not 107 limited to, leakage of pollutants, electrocution and explosion 108 hazards, and hazards resulting from floating or flying 109 structural debris. 110 (c)Provide alternatives for the coastal structures design 111 and siting of the potentially at-risk structure or 112 infrastructure, and how such alternatives would impact the risks 113 specified in subparagraph (b)5. as well as the risk and cost 114 associated with maintaining, repairing, and constructing the 115 potentially at-risk coastal structure or infrastructure. 116 (d)Provide a list of flood mitigation strategies evaluated 117 as part of the design of the potentially at-risk structure or 118 infrastructure, and identify the flood mitigation strategies 119 that have been implemented or are being considered as part of 120 the potentially at-risk structure or infrastructure design. 121 122 If multiple potentially at-risk coastal structures or 123 infrastructure are to be built concurrently within one project, 124 a state-financed constructor may conduct and submit one SLIP 125 study for the entire project for publication by the department. 126 (4)If a state-financed constructor commences construction 127 of a potentially at-risk coastal structure or infrastructure but 128 has not complied with the SLIP study requirement under 129 subsection (2), the department may institute a civil action in a 130 court of competent jurisdiction to: 131 (a)Seek injunctive relief to cease further construction of 132 the potentially at-risk coastal structure or infrastructure or 133 to enforce compliance with this section or with rules adopted by 134 the department pursuant to this section. 135 (b)If the potentially at-risk coastal structure or 136 infrastructure has been completed or has been substantially 137 completed, seek recovery of all or a portion of state funds 138 expended on the potentially at-risk coastal structure or 139 infrastructure. 140 (5)This section does not may not be construed to create a 141 cause of action for damages or otherwise authorize the 142 imposition of penalties by a public entity for failure to 143 implement what is contained in the SLIP study. 144 (6)The department: 145 (a)Shall publish and maintain a copy of each SLIP study 146 all SLIP studies submitted pursuant to this section on its 147 website for at least 10 years after the date the department 148 receives the study receipt. However, any portion of a study 149 containing information that is exempt from s. 119.07(1) and s. 150 24(a), Art. I of the State Constitution must be redacted by the 151 department before publication. 152 (b)Shall adopt rules as necessary to administer this 153 section. 154 (7)The department may enforce the requirements of this 155 section. 156 Section 2.This act shall take effect July 1, 2022.