FLORIDA STORMWATER ASSOCIATION 2014 Winter Conference. Stormwater Projects and the Deepwater Horizon Oil Spill

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1 FLORIDA STORMWATER ASSOCIATION 2014 Winter Conference Stormwater Projects and the Deepwater Horizon Oil Spill

2 Topics DWH 101 Funding Sources and Eligibility Funded Projects Submitting your Projects Recap

3 DWH 101 April 20, explosion and oil spill July 15, 2010 well capped April 20, BP agrees to $1 billion in NRDA early restoration funds July 6, RESTORE Act signed into law Early plea agreements direct $2.5 billion to NFWF BP has not settled civil penalties and fines

4 Florida s Restoration Priorities Stormwater / Wastewater infrastructure projects Community resilience / Living shorelines Water quality projects including those which achieve water quality benefits provided by the preservation of buffer lands around military bases Implementation of agriculture best management practices (BMPs) Fish and wildlife habitat and management

5 It s Complicated!

6 NRDA Funding Source Stormwater Projects Eligible? No NFWF Yes Other Settlements Restore Bucket 1 - Direct Component Restore Bucket 2 - Council Selected Restore Bucket 3 - State Expenditure Plan Restore Bucket 4 - NOAA Science Restore Bucket 5 Centers of Excellence Yes, in Florida Yes Yes Yes No No

7 NRDA Natural Resource Damage Assessment (NRDA) Legal Process that authorizes trustees to determine the injury to natural resources Gulf-Wide: 54 projects totaling $700 million Florida: 30 projects totaling $100 million Stormwater projects not eligible

8 NFWF National Fish and Wildlife Foundation (NFWF) NFWF will receive $2.544 billion in their Gulf Environmental Benefit Fund $356 million allocated to Florida Gulf-Wide: 50 projects totaling $395 million Florida 2014: 9 projects - $34.3 million Florida 2013: 6 projects - $15.7 million Stormwater projects eligible

9 RESTORE Timeline August 28, The Council released the Initial Comprehensive Plan August 15, US Dept. of Treasury released Trust Fund regulations August 21, Council-Selected Restoration Component submission window opened for Council members November 17, Governor Scott submitted 5 proposals for the state of Florida and the submission window closed

10 ALLOCATION OF RESTORE ACT FUNDS Council-Selected Restoration Component Clean Water Act Penalties 20% Oil Spill Liability Trust Fund 80% Gulf Coast Restoration Trust Fund 35% Equally distributed to 5 Gulf States (AL, FL, LA, MS, TX) Direct Component 30%* Gulf Coast Ecosystem Restoration Council for ecosystem restoration Council-Selected Restoration Component 30% Impact based distribution to 5 Gulf States (AL, FL, LA, MS, TX) Spill Impact Component 2.5%* Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program Sec 1604/RESTORE Science Program 2.5%* Centers of Excellence Centers of Excellence *Supplemented by interest generated by the Trust Fund (50% to Gulf Coast Ecosystem Restoration Council, 25% to Science Program, 25% to Centers of Excellence)

11 RESTORE Bucket 1 Direct Component 35% split equally among five Gulf Coast States. In Florida, 7% allocated to 23 Gulf Coastal 75% to 8 disproportionately affected counties, Escambia County to Wakulla County 25% to non-disproportionately impacted Gulf coastal counties. Each county prepares multi-year implementation plan (MIP) Stormwater projects eligible

12 RESTORE Bucket 2 Council Selected Component 30% allocated to Council - Competitive Florida s Proposals: Pensacola Bay Watershed Restoration - $15.9 MM Apalachicola Bay Watershed Restoration - $26.1 MM Suwannee River Watershed Restoration and Preservation - $12.1 MM Tampa Bay Watershed Restoration - $6.9 MM Northwest Florida Estuaries Restoration Proposal - $16.8 MM Total - $77.9 million Council will fund $150-$180 MM in projects Stormwater projects eligible

13 RESTORE Bucket 3 Spill Impact Component 30% allocated to States based on formula In Florida, the Gulf Consortium (GC) will develop the State Expenditure Plan (SEP). GC selected consultant to develop SEP GC will apply for planning grant from Council to fund SEP development Stormwater projects eligible

14 MOEX Settlement MOEX was a 10-percent non-operating investor in the lease on well First entity to resolve civil penalty claims Florida received $10 million $ 5 million used to acquire Panhandle parcels: Escribano Point and Seven Runs Creek. $5 million on seven stormwater retrofits

15 > 50 projects - $160 million 7 stormwater projects - $23 million

16 Submitting Projects DEP s portal DEP & FWC use portal for all funding sources Gulf Consortium may use portal for SEP Counties may use for portal MYIP

17 Submitted Projects to Date

18 Stormwater Projects Eligible under RESTORE Buckets 1-3 and NFWF more $$$ when BP civil litigation resolved Florida priority for funding SW projects Not subject to 25% infrastructure limitation Submit projects using DEP Portal 7 projects - $23 million already funded 1/3 of funds for which SW projects are eligible

19 More Info For more information or to submit or update a project visit: Contact: phil.coram@dep.state.fl.us

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