Florida is facing a big problem with its water resources. The legislature wants to make sure that the water is used sustainably. There are some conservation and restoration projects, but they take a long time and a lot of money. Private lands are also regulated to protect water resources, but there are limits to what regulations can do. The government is looking for new and creative solutions to help with the water problem. One way they are doing this is through Public-Private Partnerships (PPPs), which can provide shorter-term solutions while longer-term projects are being worked on. Florida has been working on partnerships with private landowners to improve water resources. The state’s laws and funding have encouraged these partnerships, and they can be used to store water, improve water quality, and protect endangered species. Similar partnerships in other states have also been successful. This article looks at early examples of these partnerships in Florida, the terms of the agreements, and the challenges involved. The goal is to find ways to make these partnerships even better. In the early 2000s, the South Florida Water Management District (SFWMD) had issues with water quality and flooding. They worked with ranchers in a program called FRESP to improve the environment and reduce water pollution. The program was successful and expanded to other areas in Florida. It showed that working with landowners can help improve the environment. Restructuring the agreement for public-private partnerships (PPPs) in Florida is important for managing water resources while securing legislative funding and addressing landowner interests. Lessons from previous PPP programs can help improve PPP frameworks and lending structure, providing more certainty for these statewide projects. By aligning PPP projects with agency planning and focusing on water-resource benefits, PPPs can better accomplish public purposes like water storage and water-quality improvements. This requires coordination between landowners and government entities to ensure a common vision and basis for payment. Every year, water management districts make a report on how they manage water resources. This report includes plans for projects, like the coordination of different projects. The report also includes information about public-private partnerships (PPPs) that could help with water projects. The report has to have specific details about water-quality and water-quantity projects planned for the next five years. This helps prioritize which projects get state funding. It also helps figure out if PPP projects could work for certain areas or issues. By including PPP in their plans, the districts can get more funding and improve water resources faster. Another challenge is dealing with the uncertainty of PPPs, but this can be addressed by making certain parts of the contract more definite. PPP contracts provide funding for projects on a yearly basis, even though the contracts can last for 10 years. This creates uncertainty for landowners, as they may have to bear the cost of reverting the project back to its original state if funding isn’t continued. However, if a project is funded for many years, landowners may have enough return to cover the reversion costs. If a region’s plan indicates that PPP projects are needed for water-quality treatment, landowners can be more confident about continued funding. The Northern Everglades and Estuaries Program is a good example of a program with ongoing funding and support for PPP projects. The way PPP projects are funded should encourage landowners to voluntarily participate. This means they should get paid for providing extra environmental services, like storing water or removing nutrients from the land. The amount they get paid can vary, but it’s important that they feel it’s worth their while to take part. In Florida, the PPP program allows for short-term solutions while long-term ones are being planned. The law also makes sure that the land can go back to its original condition after the project is done. However, the federal rules for protecting wetlands could be improved to make it easier for these projects to happen. A program was helping to make it easier to get permission for environmental projects, but now it’s stopped. This means that landowners who want to do these projects have to go through a long and expensive process to get permission. There are other options that could work if the state helps out. To make it easier for projects that help water resources to get approved, state and federal agencies should bring back a program that approves these projects in advance. Landowners should also have a say in the approval process, so they’re okay with the conditions. Florida can lead the way in creating these approvals and making the process smoother. They could even hire someone to help with the approvals and make sure they’re consistent statewide. The Public-Private Partnership (PPP) program in Florida should allow flexibility for landowners to receive additional payment for providing environmental services. This means that a landowner should be able to demonstrate and get paid for multiple environmental benefits, such as water storage and water quality improvements. By combining different programs and working together, Florida can address environmental issues and benefit both landowners and the environment. This can be achieved by providing financial, contractual, and regulatory support to landowners. Various partnerships between state and federal governments and private landowners in 11 western states are working to protect the greater sage-grouse and improve water supply during droughts. The Property and Environment Research Center is focused on finding innovative ways to improve the environment through market and property right approaches. In Florida, the Florida Ranchlands Environmental Services Project is a collaborative program working with ranchers and other partners to protect the environment. The South Florida Water Management District is working on projects to protect the Northern Everglades and estuaries. These projects help with things like storing excess water, treating water, recharging the aquifer, and preserving protected species. The district is also working with farmers to use water-saving technologies and funding dispersed water storage projects. The Florida Department of Environmental Protection keeps track of these projects in their annual reports. There is funding committed to the Land Acquisition Trust Fund for projects in different regions of Florida. One challenge is measuring the benefits of these projects, but models are being developed to help with this. Public-private partnerships (PPPs) often make funding decisions annually, as it is typically not allowed for a current board to commit money for a future board. Sometimes a board will fully fund a project and make payments each year. There are specific laws and rules governing these partnerships, and different government agencies are involved. Restoration projects on private lands may change how the land can be used, and there are programs to help landowners work with the government on conservation efforts. Safe harbor agreements and candidate conservation agreements provide assurances to private landowners who participate in the Public-Private Partnership (PPP). These agreements protect habitat for endangered species and are linked to permits issued under the Endangered Species Act. They are different from other agreements and focus on species recovery. Attorneys Deborah Madden, Luna Phillips, and Beth Ross are experienced in environmental law and help clients with compliance, permitting, and litigation related to environmental regulations and listed species. They are members of the Environmental and Land Use Law Section of The Florida Bar.
Source: https://www.floridabar.org/the-florida-bar-journal/public-private-partnerships-can-bridge-the-gap-to-resource-sustainability/
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