Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (279658) for CS for SB 918
       
       
       
       
       
       
                                Ì841792=Î841792                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2015           .                                
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       The Committee on Appropriations (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 928 - 1414
    4  and insert:
    5         (2)(a)If a minimum flow or minimum water level has not
    6  been adopted for an Outstanding Florida Spring, a water
    7  management district or the department shall use the emergency
    8  rulemaking authority provided in paragraph (c) to adopt a
    9  minimum flow or minimum water level no later than July 1, 2017,
   10  except for the Northwest Florida Water Management District,
   11  which shall use such authority to adopt minimum flows and
   12  minimum water levels for Outstanding Florida Springs no later
   13  than July 1, 2026.
   14         (b) For Outstanding Florida Springs identified on a water
   15  management district’s priority list developed pursuant to
   16  subsection (3) which have the potential to be affected by
   17  withdrawals in an adjacent district, the adjacent district or
   18  districts and the department shall collaboratively develop and
   19  implement a recovery or prevention strategy for an Outstanding
   20  Florida Spring not meeting an adopted minimum flow or minimum
   21  water level.
   22         (c)The Legislature finds as provided in s. 373.801(3)(b)
   23  that the adoption of minimum flows and minimum water levels or
   24  recovery or prevention strategies for Outstanding Florida
   25  Springs requires immediate action. The department and the
   26  districts are authorized, and all conditions are deemed to be
   27  met, to use emergency rulemaking provisions pursuant to s.
   28  120.54(4) to adopt minimum flows and minimum water levels
   29  pursuant to this subsection and recovery or prevention
   30  strategies adopted concurrently with a minimum flow or minimum
   31  water level pursuant to s. 373.805(2).
   32         (3)(2) By November 15, 1997, and annually thereafter, each
   33  water management district shall submit to the department for
   34  review and approval a priority list and schedule for the
   35  establishment of minimum flows and minimum water levels for
   36  surface watercourses, aquifers, and surface waters within the
   37  district. The priority list and schedule shall identify those
   38  listed water bodies for which the district will voluntarily
   39  undertake independent scientific peer review; any reservations
   40  proposed by the district to be established pursuant to s.
   41  373.223(4); and those listed water bodies that have the
   42  potential to be affected by withdrawals in an adjacent district
   43  for which the department’s adoption of a reservation pursuant to
   44  s. 373.223(4) or a minimum flow or minimum water level pursuant
   45  to subsection (1) may be appropriate. By March 1, 2006, and
   46  annually thereafter, each water management district shall
   47  include its approved priority list and schedule in the
   48  consolidated annual report required by s. 373.036(7). The
   49  priority list shall be based upon the importance of the waters
   50  to the state or region and the existence of or potential for
   51  significant harm to the water resources or ecology of the state
   52  or region, and shall include those waters which are experiencing
   53  or may reasonably be expected to experience adverse impacts.
   54  Each water management district’s priority list and schedule
   55  shall include all first magnitude springs, and all second
   56  magnitude springs within state or federally owned lands
   57  purchased for conservation purposes. The specific schedule for
   58  establishment of spring minimum flows and minimum water levels
   59  shall be commensurate with the existing or potential threat to
   60  spring flow from consumptive uses. Springs within the Suwannee
   61  River Water Management District, or second magnitude springs in
   62  other areas of the state, need not be included on the priority
   63  list if the water management district submits a report to the
   64  Department of Environmental Protection demonstrating that
   65  adverse impacts are not now occurring nor are reasonably
   66  expected to occur from consumptive uses during the next 20
   67  years. The priority list and schedule is not subject to any
   68  proceeding pursuant to chapter 120. Except as provided in
   69  subsection (4) (3), the development of a priority list and
   70  compliance with the schedule for the establishment of minimum
   71  flows and minimum water levels pursuant to this subsection
   72  satisfies the requirements of subsection (1).
   73         (4)(3) Minimum flows or minimum water levels for priority
   74  waters in the counties of Hillsborough, Pasco, and Pinellas
   75  shall be established by October 1, 1997. Where a minimum flow or
   76  minimum water level for the priority waters within those
   77  counties has not been established by the applicable deadline,
   78  the secretary of the department shall, if requested by the
   79  governing body of any local government within whose jurisdiction
   80  the affected waters are located, establish the minimum flow or
   81  minimum water level in accordance with the procedures
   82  established by this section. The department’s reasonable costs
   83  in establishing a minimum flow or minimum water level shall,
   84  upon request of the secretary, be reimbursed by the district.
   85         (5)(4) A water management district shall provide the
   86  department with technical information and staff support for the
   87  development of a reservation, minimum flow or minimum water
   88  level, or recovery or prevention strategy to be adopted by the
   89  department by rule. A water management district shall apply any
   90  reservation, minimum flow or minimum water level, or recovery or
   91  prevention strategy adopted by the department by rule without
   92  the district’s adoption by rule of such reservation, minimum
   93  flow or minimum water level, or recovery or prevention strategy.
   94         (6)(5)(a) Upon written request to the department or
   95  governing board by a substantially affected person, or by
   96  decision of the department or governing board, prior to the
   97  establishment of a minimum flow or minimum water level and prior
   98  to the filing of any petition for administrative hearing related
   99  to the minimum flow or minimum water level, all scientific or
  100  technical data, methodologies, and models, including all
  101  scientific and technical assumptions employed in each model,
  102  used to establish a minimum flow or minimum water level shall be
  103  subject to independent scientific peer review. Independent
  104  scientific peer review means review by a panel of independent,
  105  recognized experts in the fields of hydrology, hydrogeology,
  106  limnology, biology, and other scientific disciplines, to the
  107  extent relevant to the establishment of the minimum flow or
  108  minimum water level.
  109         (b) If independent scientific peer review is requested, it
  110  shall be initiated at an appropriate point agreed upon by the
  111  department or governing board and the person or persons
  112  requesting the peer review. If no agreement is reached, the
  113  department or governing board shall determine the appropriate
  114  point at which to initiate peer review. The members of the peer
  115  review panel shall be selected within 60 days of the point of
  116  initiation by agreement of the department or governing board and
  117  the person or persons requesting the peer review. If the panel
  118  is not selected within the 60-day period, the time limitation
  119  may be waived upon the agreement of all parties. If no waiver
  120  occurs, the department or governing board may proceed to select
  121  the peer review panel. The cost of the peer review shall be
  122  borne equally by the district and each party requesting the peer
  123  review, to the extent economically feasible. The panel shall
  124  submit a final report to the governing board within 120 days
  125  after its selection unless the deadline is waived by agreement
  126  of all parties. Initiation of peer review pursuant to this
  127  paragraph shall toll any applicable deadline under chapter 120
  128  or other law or district rule regarding permitting, rulemaking,
  129  or administrative hearings, until 60 days following submittal of
  130  the final report. Any such deadlines shall also be tolled for 60
  131  days following withdrawal of the request or following agreement
  132  of the parties that peer review will no longer be pursued. The
  133  department or the governing board shall give significant weight
  134  to the final report of the peer review panel when establishing
  135  the minimum flow or minimum water level.
  136         (c) If the final data, methodologies, and models, including
  137  all scientific and technical assumptions employed in each model
  138  upon which a minimum flow or level is based, have undergone peer
  139  review pursuant to this subsection, by request or by decision of
  140  the department or governing board, no further peer review shall
  141  be required with respect to that minimum flow or minimum water
  142  level.
  143         (d) No minimum flow or minimum water level adopted by rule
  144  or formally noticed for adoption on or before May 2, 1997, shall
  145  be subject to the peer review provided for in this subsection.
  146         (7)(6) If a petition for administrative hearing is filed
  147  under chapter 120 challenging the establishment of a minimum
  148  flow or minimum water level, the report of an independent
  149  scientific peer review conducted under subsection (5) (4) is
  150  admissible as evidence in the final hearing, and the
  151  administrative law judge must render the order within 120 days
  152  after the filing of the petition. The time limit for rendering
  153  the order shall not be extended except by agreement of all the
  154  parties. To the extent that the parties agree to the findings of
  155  the peer review, they may stipulate that those findings be
  156  incorporated as findings of fact in the final order.
  157         (8) The rules adopted pursuant to this section are not
  158  subject to s. 120.541(3).
  159         Section 11. Section 373.0421, Florida Statutes, is amended
  160  to read:
  161         373.0421 Establishment and implementation of minimum flows
  162  and minimum levels.—
  163         (1) ESTABLISHMENT.—
  164         (a) Considerations.—When establishing minimum flows and
  165  minimum water levels pursuant to s. 373.042, the department or
  166  governing board shall consider changes and structural
  167  alterations to watersheds, surface waters, and aquifers and the
  168  effects such changes or alterations have had, and the
  169  constraints such changes or alterations have placed, on the
  170  hydrology of an affected watershed, surface water, or aquifer,
  171  provided that nothing in this paragraph shall allow significant
  172  harm as provided by s. 373.042(1) caused by withdrawals.
  173         (b) Exclusions.—
  174         1. The Legislature recognizes that certain water bodies no
  175  longer serve their historical hydrologic functions. The
  176  Legislature also recognizes that recovery of these water bodies
  177  to historical hydrologic conditions may not be economically or
  178  technically feasible, and that such recovery effort could cause
  179  adverse environmental or hydrologic impacts. Accordingly, the
  180  department or governing board may determine that setting a
  181  minimum flow or minimum water level for such a water body based
  182  on its historical condition is not appropriate.
  183         2. The department or the governing board is not required to
  184  establish minimum flows or minimum water levels pursuant to s.
  185  373.042 for surface water bodies less than 25 acres in area,
  186  unless the water body or bodies, individually or cumulatively,
  187  have significant economic, environmental, or hydrologic value.
  188         3. The department or the governing board shall not set
  189  minimum flows or minimum water levels pursuant to s. 373.042 for
  190  surface water bodies constructed prior to the requirement for a
  191  permit, or pursuant to an exemption, a permit, or a reclamation
  192  plan which regulates the size, depth, or function of the surface
  193  water body under the provisions of this chapter, chapter 378, or
  194  chapter 403, unless the constructed surface water body is of
  195  significant hydrologic value or is an essential element of the
  196  water resources of the area.
  197  
  198  The exclusions of this paragraph shall not apply to the
  199  Everglades Protection Area, as defined in s. 373.4592(2)(i).
  200         (2) If the existing flow or water level in a water body is
  201  below, or is projected to fall within 20 years below, the
  202  applicable minimum flow or minimum water level established
  203  pursuant to s. 373.042, the department or governing board,
  204  concurrent with the adoption of the minimum flow or minimum
  205  water level and as part of the regional water supply plan
  206  described in s. 373.709, shall adopt and expeditiously implement
  207  a recovery or prevention strategy, which includes the
  208  development of additional water supplies and other actions,
  209  consistent with the authority granted by this chapter, to:
  210         (a) Achieve recovery to the established minimum flow or
  211  minimum water level as soon as practicable; or
  212         (b) Prevent the existing flow or water level from falling
  213  below the established minimum flow or minimum water level.
  214  
  215  The recovery or prevention strategy must shall include a phased
  216  in approach phasing or a timetable which will allow for the
  217  provision of sufficient water supplies for all existing and
  218  projected reasonable-beneficial uses, including development of
  219  additional water supplies and implementation of conservation and
  220  other efficiency measures concurrent with and, to the maximum
  221  extent practical, and to offset, reductions in permitted
  222  withdrawals, consistent with the provisions of this chapter. The
  223  recovery or prevention strategy may not depend solely on water
  224  shortage restrictions declared pursuant to s. 373.175 or s.
  225  373.246.
  226         (3) In order to ensure that sufficient water is available
  227  for all existing and future reasonable-beneficial uses and the
  228  natural systems, the applicable regional water supply plan
  229  prepared pursuant to s. 373.709 shall be amended to include any
  230  water supply development project or water resource development
  231  project identified in a recovery or prevention strategy. Such
  232  amendment shall be approved concurrently with relevant portions
  233  of the recovery or prevention strategy.
  234         (4) The water management district shall notify the
  235  department if an application for a water use permit is denied
  236  based upon the impact that the use will have on an adopted
  237  minimum flow or minimum water level. Upon receipt of such
  238  notice, the department shall, as soon as practicable and in
  239  cooperation with the water management district, conduct a review
  240  of the applicable regional water supply plan prepared pursuant
  241  to s. 373.709. Such review shall include an assessment by the
  242  department of the adequacy of the plan in addressing the
  243  legislative intent of s. 373.705(2)(b) which provides that
  244  sufficient water be available for all existing and future
  245  reasonable-beneficial uses and natural systems and that the
  246  adverse effects of competition for water supplies be avoided. If
  247  the department determines, based upon this review, that the
  248  regional water supply plan does not adequately address the
  249  legislative intent of s. 373.705(2)(b), the water management
  250  district shall immediately initiate an update of the plan
  251  consistent with s. 373.709.
  252         (5)(3) The provisions of this section are supplemental to
  253  any other specific requirements or authority provided by law.
  254  Minimum flows and minimum water levels shall be reevaluated
  255  periodically and revised as needed.
  256         Section 12. Section 373.0465, Florida Statutes, is created
  257  to read:
  258         373.0465 Central Florida Water Initiative.-
  259         (1) The Legislature finds that:
  260         (a) Historically, the Floridan Aquifer system has supplied
  261  the vast majority of the water used in the Central Florida
  262  Coordination Area.
  263         (b) Because the boundaries of the St. Johns River Water
  264  Management District, the South Florida Water Management
  265  District, and the Southwest Florida Water Management District
  266  meet within the Central Florida Coordination Area, the three
  267  districts and the Department of Environmental Protection have
  268  worked cooperatively to determine that the Floridan Aquifer
  269  system is locally approaching the sustainable limits of use and
  270  are exploring the need to develop sources of water to meet the
  271  long-term water needs of the area.
  272         (c) The Central Florida Water Initiative is a collaborative
  273  process involving the Department of Environmental Protection,
  274  the St. Johns River Water Management District, the South Florida
  275  Water Management District, the Southwest Florida Water
  276  Management District, the Department of Agriculture and Consumer
  277  Services, regional public water supply utilities, and other
  278  stakeholders. As set forth in the Central Florida Water
  279  Initiative Guiding Document of January 30, 2015, the initiative
  280  has developed an initial framework for a unified process to
  281  address the current and long-term water supply needs of Central
  282  Florida without causing harm to the water resources and
  283  associated natural systems.
  284         (d) Developing water sources as an alternative to continued
  285  reliance on the Floridan Aquifer will benefit existing and
  286  future water users and natural systems within and beyond the
  287  boundaries of the Central Florida Water Initiative.
  288         (2)(a) As used in this section, the term “Central Florida
  289  Water Initiative Area” means all of Orange, Osceola, Polk, and
  290  Seminole Counties, and southern Lake County, as designated by
  291  the Central Florida Water Initiative Guiding Document of January
  292  30, 2015.
  293         (b) The department, the St. Johns River Water Management
  294  District, the South Florida Water Management District, the
  295  Southwest Florida Water Management District, and the Department
  296  of Agriculture and Consumer Services shall:
  297         1. Provide for a continuation of the collaborative process
  298  in the Central Florida Water Initiative Area among the state
  299  agencies, affected water management districts, regional public
  300  water supply utilities, and other stakeholders;
  301         2. Build upon the guiding principles and goals set forth in
  302  the Central Florida Water Initiative Guiding Document of January
  303  30, 2015, and the work that has already been accomplished by the
  304  Central Florida Water Initiative participants;
  305         3. Develop and implement, as set forth in the Central
  306  Florida Water Initiative Guiding Document of January 30, 2015, a
  307  single multidistrict regional water supply plan, including any
  308  needed recovery or prevention strategies and a list of water
  309  supply development projects or water resource projects; and
  310         4. Provide for a single hydrologic planning model to assess
  311  the availability of groundwater in the Central Florida Water
  312  Initiative Area.
  313         (c) In developing the water supply planning program
  314  consistent with the goals set forth in this subsection, the
  315  department, the St. Johns River Water Management District, the
  316  South Florida Water Management District, the Southwest Florida
  317  Water Management District, and the Department of Agriculture and
  318  Consumer Services shall:
  319         1. Consider limitations on groundwater use together with
  320  opportunities for new, increased, or redistributed groundwater
  321  uses that are consistent with the conditions established under
  322  s. 373.223;
  323         2. Establish a coordinated process for the identification
  324  of water resources requiring new or revised conditions
  325  consistent with the conditions established under s. 373.223;
  326         3. Consider existing recovery or prevention strategies;
  327         4. Include a list of water supply options sufficient to
  328  meet the water needs of all existing and future reasonable
  329  beneficial uses consistent with the conditions established under
  330  s. 373.223; and
  331         5. Identify, as necessary, which of the water supply
  332  sources are preferred water supply sources pursuant to s.
  333  373.2234.
  334         (d)The department, in consultation with the St. Johns
  335  River Water Management District, the South Florida Water
  336  Management District, the Southwest Florida Water Management
  337  District, and the Department of Agriculture and Consumer
  338  Services, shall adopt uniform rules for application within the
  339  Central Florida Water Initiative Area that include:
  340         1.A single, uniform definition of “harmful to the water
  341  resources” consistent with the term’s usage in s. 373.219;
  342         2.A single method for calculating residential per capita
  343  water use;
  344         3.A single process for permit reviews;
  345         4.A single, consistent process, as appropriate, to set
  346  minimum flows and minimum water levels and water reservations;
  347         5.A goal for residential per capita water use for each
  348  consumptive use permit; and
  349         6.An annual conservation goal for each consumptive use
  350  permit consistent with the regional water supply plan.
  351  
  352  The uniform rules shall include existing recovery strategies
  353  within the Central Florida Water Initiative Area adopted before
  354  July 1, 2015. The department may grant variances to the uniform
  355  rules if there are unique circumstances or hydrogeological
  356  factors that make application of the uniform rules unrealistic
  357  or impractical.
  358         (e) The department shall initiate rulemaking for the
  359  uniform rules by December 31, 2015. The department’s uniform
  360  rules shall be applied by the water management districts only
  361  within the Central Florida Water Initiative Area. Upon adoption
  362  of the rules, the water management districts shall implement the
  363  rules without further rulemaking pursuant to s. 120.54. The
  364  rules adopted by the department pursuant to this section are
  365  considered the rules of the water management districts.
  366         (f) Water management district planning programs developed
  367  pursuant this subsection shall be approved or adopted as
  368  required under this chapter. However, such planning programs may
  369  not serve to modify planning programs in areas of the affected
  370  districts that are not within the Central Florida Water
  371  Initiative Area, but may include interregional projects located
  372  outside the Central Florida Water Initiative Area which are
  373  consistent with planning and regulatory programs in the areas in
  374  which they are located.
  375         Section 13. Subsection (4) of section 373.1501, Florida
  376  Statutes, is amended, present subsections (7) and (8) are
  377  redesignated as subsections (8) and (9), respectively, and a new
  378  subsection (7) is added to that section, to read:
  379         373.1501 South Florida Water Management District as local
  380  sponsor.—
  381         (4) The district is authorized to act as local sponsor of
  382  the project for those project features within the district as
  383  provided in this subsection and subject to the oversight of the
  384  department as further provided in s. 373.026. The district shall
  385  exercise the authority of the state to allocate quantities of
  386  water within its jurisdiction, including the water supply in
  387  relation to the project, and be responsible for allocating water
  388  and assigning priorities among the other water uses served by
  389  the project pursuant to state law. The district may:
  390         (a) Act as local sponsor for all project features
  391  previously authorized by Congress.;
  392         (b) Continue data gathering, analysis, research, and design
  393  of project components, participate in preconstruction
  394  engineering and design documents for project components, and
  395  further refine the Comprehensive Plan of the restudy as a guide
  396  and framework for identifying other project components.;
  397         (c) Construct pilot projects that will assist in
  398  determining the feasibility of technology included in the
  399  Comprehensive Plan of the restudy.; and
  400         (d) Act as local sponsor for project components.
  401         (7) When developing or implementing water control plans or
  402  regulation schedules required for the operation of the project,
  403  the district shall provide recommendations to the United States
  404  Army Corps of Engineers which are consistent with all district
  405  programs and plans.
  406         Section 14. Subsection (3) is added to section 373.219,
  407  Florida Statutes, to read:
  408         373.219 Permits required.—
  409         (3)The department shall adopt uniform rules for issuing
  410  permits which prevent groundwater withdrawals that are harmful
  411  to the water resources and adopt by rule a uniform definition of
  412  the term “harmful to the water resources” for Outstanding
  413  Florida Springs to provide water management districts with
  414  minimum standards necessary to be consistent with the overall
  415  water policy of the state. This subsection does not prohibit a
  416  water management district from adopting a definition that is
  417  more protective of the water resources consistent with local or
  418  regional conditions and objectives.
  419         Section 15. Subsection (6) is added to section 373.223,
  420  Florida Statutes, to read:
  421         373.223 Conditions for a permit.—
  422         (6) A new, renewal of, or modification to a consumptive use
  423  permit authorizing groundwater withdrawals of 100,000 gallons or
  424  more per day shall be monitored for water usage at intervals and
  425  using methods determined by the applicable water management
  426  district, the results of which shall be reported to the water
  427  management district at least annually. The water management
  428  districts may adopt rules to implement this subsection.
  429         Section 16. Section 373.2234, Florida Statutes, is amended
  430  to read:
  431         373.2234 Preferred water supply sources.—
  432         (1) The governing board of a water management district is
  433  authorized to adopt rules that identify preferred water supply
  434  sources for consumptive uses for which there is sufficient data
  435  to establish that a preferred source will provide a substantial
  436  new water supply to meet the existing and projected reasonable
  437  beneficial uses of a water supply planning region identified
  438  pursuant to s. 373.709(1), while sustaining existing water
  439  resources and natural systems. At a minimum, such rules must
  440  contain a description of the preferred water supply source and
  441  an assessment of the water the preferred source is projected to
  442  produce.
  443         (2)(a) If an applicant proposes to use a preferred water
  444  supply source, that applicant’s proposed water use is subject to
  445  s. 373.223(1), except that the proposed use of a preferred water
  446  supply source must be considered by a water management district
  447  when determining whether a permit applicant’s proposed use of
  448  water is consistent with the public interest pursuant to s.
  449  373.223(1)(c).
  450         (b) The governing board of a water management district
  451  shall consider the identification of preferred water supply
  452  sources for water users for whom access to or development of new
  453  water supplies is not technically or financially feasible.
  454  Identification of preferred water supply sources for such water
  455  users must be consistent with s. 373.016.
  456         (c) A consumptive use permit issued for the use of a
  457  preferred water supply source must be granted, when requested by
  458  the applicant, for at least a 20-year period and may be subject
  459  to the compliance reporting provisions of s. 373.236(4).
  460         (3)(a)Nothing in This section does not: shall be construed
  461  to
  462         1. Exempt the use of preferred water supply sources from
  463  the provisions of ss. 373.016(4) and 373.223(2) and (3);, or be
  464  construed to
  465         2. Provide that permits issued for the use of a
  466  nonpreferred water supply source must be issued for a duration
  467  of less than 20 years or that the use of a nonpreferred water
  468  supply source is not consistent with the public interest; or.
  469         3.Additionally, nothing in this section shall be
  470  interpreted to Require the use of a preferred water supply
  471  source or to restrict or prohibit the use of a nonpreferred
  472  water supply source.
  473         (b) Rules adopted by the governing board of a water
  474  management district to implement this section shall specify that
  475  the use of a preferred water supply source is not required and
  476  that the use of a nonpreferred water supply source is not
  477  restricted or prohibited.
  478         Section 17. Present subsection (5) of section 373.227,
  479  Florida Statutes, is redesignated as subsection (7), and a new
  480  subsection (5) and a subsection (6) are added to that section,
  481  to read:
  482         373.227 Water conservation; legislative findings and
  483  intent; objectives; comprehensive statewide water conservation
  484  program requirements.—
  485         (5) In order to incentivize water conservation, if actual
  486  water use is less than permitted water use due to documented
  487  implementation of water conservation measures beyond those
  488  required in a consumptive use permit, including, but not limited
  489  to, those measures identified in best management practices
  490  pursuant to s. 570.93, the permitted allocation may not be
  491  modified solely due to such water conservation during the term
  492  
  493  ================= T I T L E  A M E N D M E N T ================
  494  And the title is amended as follows:
  495         Delete lines 88 - 90
  496  and insert:
  497         s. 373.219, F.S.; requiring the department to adopt
  498         certain uniform rules; amending s. 373.223, F.S.;
  499         requiring