Florida Senate - 2012 CS for CS for CS for SB 1178
By the Committees on Budget Subcommittee on General Government
Appropriations; Community Affairs; and Environmental
Preservation and Conservation; and Senator Hays
601-04288-12 20121178c3
1 A bill to be entitled
2 An act relating to water management; amending s.
3 373.042, F.S.; requiring water management districts to
4 include certain reservations and water bodies in
5 priority lists and schedules; providing for the
6 adoption of certain reservations and minimum flows and
7 levels by the Department of Environmental Protection;
8 requiring water management districts to apply, without
9 adopting by rule, reservations, minimum flows and
10 levels, and recovery and prevention strategies adopted
11 by the department; amending s. 373.046, F.S.;
12 authorizing water management districts to enter into
13 interagency agreements for resource management
14 activities, studies, or projects under specified
15 conditions; requiring that the district providing the
16 funding for an activity, study, or project ensure that
17 some or all of the benefits accrue to the funding
18 district; providing applicability; amending s.
19 373.171, F.S.; exempting cooperative funding programs
20 from certain rulemaking requirements; amending s.
21 373.236, F.S.; specifying conditions for the issuance
22 of permits for the development of alternative water
23 supplies; requiring that certain permits be granted
24 for at least 30 years; requiring that such permits be
25 extended under specified conditions; providing for a
26 reduction in permitted water quantities during
27 compliance reviews under certain circumstances;
28 excluding from application of the act a permit for
29 nonbrackish groundwater or nonalternative water
30 supplies; providing an option for the duration of an
31 alternative water supply permit to a county, special
32 district, regional water supply authority,
33 multijurisdictional water supply entity, or publicly
34 or privately owned utility; amending s. 373.605, F.S.;
35 authorizing water management districts to provide
36 group insurance for employees of other water
37 management districts; removing obsolete provisions;
38 amending s. 373.709, F.S., relating to regional water
39 supply planning; removing a reference to the Southwest
40 Florida Water Management District; requiring a
41 regional water supply authority and the applicable
42 water management district to jointly develop the water
43 supply component of the regional water supply plan;
44 creating the Study Committee on Investor-Owned Water
45 and Wastewater Utility Systems; providing for
46 membership and terms of service; prohibiting
47 compensation of the members; providing for
48 reimbursement of the members for certain expenses;
49 providing for removal or suspension of members by the
50 appointing authority; requiring the Public Service
51 Commission to provide staff, information, assistance,
52 and facilities that are deemed necessary for the
53 committee to perform its duties; providing for funding
54 from the Florida Public Service Regulatory Trust Fund;
55 providing duties of the committee; providing for
56 public meetings; requiring the committee to report its
57 findings to the Governor, the Legislature, and
58 appropriate agencies and make certain recommendations;
59 providing for future termination of the committee;
60 providing an effective date.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Present subsections (4) and (5) of section
65 373.042, Florida Statutes, are redesignated as subsections (5)
66 and (6), respectively, a new subsection (4) is added to that
67 section, and subsection (2) of that section is amended, to read:
68 373.042 Minimum flows and levels.—
69 (2) By November 15, 1997, and annually thereafter, each
70 water management district shall submit to the department for
71 review and approval a priority list and schedule for the
72 establishment of minimum flows and levels for surface
73 watercourses, aquifers, and surface waters within the district.
74 The priority list and schedule shall also identify those listed
75 water bodies for which the district will voluntarily undertake
76 independent scientific peer review, any reservations proposed by
77 the district to be established pursuant to s. 373.223(4), and
78 those listed water bodies that have the potential to be affected
79 by withdrawals in an adjacent district for which department
80 adoption of a reservation pursuant to s. 373.223(4) or a minimum
81 flow or level pursuant to subsection (1) may be appropriate. By
82 March 1, 2006, and annually thereafter, each water management
83 district shall include its approved priority list and schedule
84 in the consolidated annual report required by s. 373.036(7). The
85 priority list shall be based upon the importance of the waters
86 to the state or region and the existence of or potential for
87 significant harm to the water resources or ecology of the state
88 or region, and shall include those waters which are experiencing
89 or may reasonably be expected to experience adverse impacts.
90 Each water management district’s priority list and schedule
91 shall include all first magnitude springs, and all second
92 magnitude springs within state or federally owned lands
93 purchased for conservation purposes. The specific schedule for
94 establishment of spring minimum flows and levels shall be
95 commensurate with the existing or potential threat to spring
96 flow from consumptive uses. Springs within the Suwannee River
97 Water Management District, or second magnitude springs in other
98 areas of the state, need not be included on the priority list if
99 the water management district submits a report to the Department
100 of Environmental Protection demonstrating that adverse impacts
101 are not now occurring nor are reasonably expected to occur from
102 consumptive uses during the next 20 years. The priority list and
103 schedule shall not be subject to any proceeding pursuant to
104 chapter 120. Except as provided in subsection (3), the
105 development of a priority list and compliance with the schedule
106 for the establishment of minimum flows and levels pursuant to
107 this subsection shall satisfy the requirements of subsection
108 (1).
109 (4) A water management district shall provide the
110 department with technical information and staff support for the
111 development of a reservation, minimum flow or level, or recovery
112 or prevention strategy to be adopted by rule by the department.
113 A reservation, minimum flow or level, or recovery or prevention
114 strategy adopted by rule by the department shall be applied by
115 the water management districts without adoption of such
116 reservation, minimum flow or level, or recovery or prevention
117 strategy by rule.
118 Section 2. Subsection (7) is added to section 373.046,
119 Florida Statutes, to read:
120 373.046 Interagency agreements.—
121 (7) If the geographic area of a resource management
122 activity, study, or project crosses water management district
123 boundaries, the affected districts may designate a single
124 affected district to conduct all or part of the applicable
125 resource management responsibilities under this chapter, with
126 the exception of those regulatory responsibilities that are
127 subject to subsection (6). If funding assistance is provided to
128 a resource management activity, study, or project, the district
129 providing the funding must ensure that some or all of the
130 benefits accrue to the funding district. This subsection does
131 not impair any interagency agreement in effect on July 1, 2012.
132 Section 3. Subsection (5) is added to section 373.171,
133 Florida Statutes, to read:
134 373.171 Rules.—
135 (5) Cooperative funding programs are not subject to the
136 rulemaking requirements of chapter 120. However, any portion of
137 an approved program which affects the substantial interests of a
138 party is subject to s. 120.569.
139 Section 4. Subsection (5) of section 373.236, Florida
140 Statutes, is amended to read:
141 373.236 Duration of permits; compliance reports.—
142 (5)(a) Permits approved for the development of alternative
143 water supplies shall be granted for a term of at least 20 years
144 if there is sufficient data to provide reasonable assurance that
145 the conditions for permit issuance will be met for the duration
146 of the permit. However, if the permittee issues bonds for the
147 construction of the project, upon request of the permittee
148 before prior to the expiration of the permit, the that permit
149 shall be extended for such additional time as is required for
150 the retirement of bonds, not including any refunding or
151 refinancing of such bonds, if provided that the governing board
152 determines that the use will continue to meet the conditions for
153 the issuance of the permit. Such a permit is subject to
154 compliance reports under subsection (4).
155 (b)1. Permits approved on or after July 1, 2012, for the
156 development of alternative water supplies shall be granted for a
157 term of at least 30 years if there is sufficient data to provide
158 reasonable assurance that the conditions for permit issuance
159 will be met for the duration of the permit. If, within 7 years
160 after a permit is granted, the permittee issues bonds to finance
161 the project, completes construction of the project, and requests
162 an extension of the permit duration, the permit shall be
163 extended to expire upon the retirement of such bonds or 30 years
164 after the date construction of the project is complete,
165 whichever occurs later. However, a permit’s duration may not be
166 extended by more than 7 years beyond the permit’s original
167 expiration date. A 7-year permit extension, as described in this
168 subparagraph, shall be applicable to any 30-year permit for the
169 development of alternative water supplies granted between June
170 1, 2011, and July 1, 2012.
171 2. Permits issued under this paragraph are subject to
172 compliance reports under subsection (4). However, if the
173 permittee demonstrates that bonds issued to finance the project
174 are outstanding, the quantity of alternative water allocated in
175 the permit may not be reduced during a compliance report review
176 unless a reduction is needed to address unanticipated harm to
177 water resources or to existing legal uses present when the
178 permit was issued. A reduction required by an applicable water
179 shortage order shall apply to permits issued under this
180 paragraph.
181 3. Permits issued under this paragraph may not authorize
182 the use of nonbrackish groundwater supplies or nonalternative
183 water supplies.
184 (c) Entities that wish to develop alternative water
185 supplies may apply for a permit under paragraph (a) or paragraph
186 (b).
187 Section 5. Section 373.605, Florida Statutes, is amended to
188 read:
189 373.605 Group insurance for water management districts.—
190 (1) The governing board of a any water management district
191 may is hereby authorized and empowered to provide group
192 insurance for its employees in the same manner and with the same
193 provisions and limitations authorized for other public employees
194 by ss. 112.08, 112.09, 112.10, 112.11, and 112.14.
195 (2) The governing board of a water management district may
196 provide group insurance for its employees and the employees of
197 another water management district in the same manner and with
198 the same provisions and limitations authorized for other public
199 employees by ss. 112.08, 112.09, 112.10, 112.11, and 112.14. Any
200 and all insurance agreements in effect as of October 1, 1974,
201 which conform to the provisions of this section are hereby
202 ratified.
203 Section 6. Subsection (3) of section 373.709, Florida
204 Statutes, is amended to read:
205 373.709 Regional water supply planning.—
206 (3) The water supply development component of a regional
207 water supply plan which deals with or affects public utilities
208 and public water supply for those areas served by a regional
209 water supply authority and its member governments within the
210 boundary of the Southwest Florida Water Management District
211 shall be developed jointly by the authority and the applicable
212 water management district. In areas not served by regional water
213 supply authorities, or other multijurisdictional water supply
214 entities, and where opportunities exist to meet water supply
215 needs more efficiently through multijurisdictional projects
216 identified pursuant to paragraph (2)(a), water management
217 districts are directed to assist in developing
218 multijurisdictional approaches to water supply project
219 development jointly with affected water utilities, special
220 districts, and local governments.
221 Section 7. Study Committee on Investor-Owned Water and
222 Wastewater Utility Systems.—
223 (1) There is created a Study Committee on Investor-Owned
224 Water and Wastewater Utility Systems, which shall be composed of
225 18 residents of the state designated and appointed as follows:
226 (a) The chair of the Public Service Commission or a
227 commissioner designated by the chair, who shall serve as chair
228 of the committee and shall be a nonvoting member of the
229 committee.
230 (b) The Secretary of Environmental Protection or his or her
231 designee, who shall be a nonvoting member of the committee.
232 (c) The Public Counsel or his or her designee, who shall be
233 a nonvoting member of the committee.
234 (d) One member of the Senate appointed by the President of
235 the Senate.
236 (e) One member of the House of Representatives appointed by
237 the Speaker of the House of Representatives.
238 (f) Two representatives of Class A investor-owned water or
239 wastewater utilities appointed by the Governor.
240 (g) One representative of a Class B investor-owned water or
241 wastewater utility appointed by the Governor.
242 (h) One representative of a Class C investor-owned water or
243 wastewater utility appointed by the Governor.
244 (i) One customer of a Class A investor-owned water or
245 wastewater utility appointed by the Governor.
246 (j) One customer of a Class B or Class C investor-owned
247 water or wastewater utility appointed by the Governor.
248 (k) One representative of a water management district
249 appointed by the Governor.
250 (l) One representative of the Florida Section of the
251 American Water Works Association appointed by the Governor.
252 (m) One representative of the Florida Rural Water
253 Association appointed by the Governor.
254 (n) One representative of a water or wastewater system
255 owned or operated by a municipal or county government appointed
256 by the Governor.
257 (o) One representative of a governmental authority that is
258 created pursuant to chapter 163, Florida Statutes, appointed by
259 the Governor.
260 (p) The chair of a county commission that regulates
261 investor-owned water or wastewater utility systems appointed by
262 the Governor.
263 (q) One representative of a county health department
264 appointed by the Governor.
265 (2) The members shall serve until the work of the committee
266 is complete and the committee is terminated, except that if a
267 member no longer serves in the position required for
268 appointment, the member shall be replaced by the individual who
269 serves in such position.
270 (3) Members of the committee shall serve without
271 compensation, but are entitled to reimbursement for all
272 reasonable and necessary expenses, including travel expenses, in
273 the performance of their duties as provided in s. 112.061,
274 Florida Statutes.
275 (4) An appointing authority may remove or suspend a member
276 appointed by it for cause, including, but not limited to,
277 failure to attend two or more meetings of the committee.
278 (5) The Public Service Commission shall provide the staff,
279 information, assistance, and facilities as are deemed necessary
280 for the committee to carry out its duties under this section.
281 Funding for the committee shall be paid from the Florida Public
282 Service Regulatory Trust Fund.
283 (6) The committee shall identify issues of concern of
284 investor-owned water and wastewater utility systems,
285 particularly small systems, and their customers and research
286 possible solutions. In addition, the committee shall consider:
287 (a) The ability of a small investor-owned water or
288 wastewater utility to achieve economies of scale when purchasing
289 equipment, commodities, or services.
290 (b) The availability of low interest loans to a small,
291 privately owned water or wastewater utility.
292 (c) Any tax incentives or exemptions, temporary or
293 permanent, which are available to a small water or wastewater
294 utility.
295 (d) The impact on customer rates if a utility purchases an
296 existing water or wastewater utility system.
297 (e) The impact on customer rates of a utility providing
298 service through the use of a reseller.
299 (f) Other issues that the committee identifies during its
300 investigation.
301 (7) The committee shall meet at the time and location as
302 the chair determines, except that the committee shall meet a
303 minimum of four times. At least two meetings must be held in an
304 area that is centrally located to utility customers who have
305 recently been affected by a significant increase in water or
306 wastewater utility rates. The public shall be given the
307 opportunity to speak at the meetings.
308 (8) By February 15, 2013, the committee shall prepare and
309 submit to the Governor, the President of the Senate, and the
310 Speaker of the House of Representatives a report detailing its
311 findings pursuant to subsection (6) and making specific
312 legislative recommendations, including proposed legislation
313 intended to implement its recommendations. If the committee, in
314 its report, finds that an issue may effectively be addressed
315 through agency rulemaking, the committee shall submit to the
316 appropriate agencies its report and recommendations, including
317 proposed rules.
318 (9) This section expires and the committee terminates June
319 30, 2013.
320 Section 8. This act shall take effect July 1, 2012.