CODING: Words stricken are deletions; words underlined are additions.House Bill 1339
Florida House of Representatives - 1997 HB 1339
By Representatives Goode and Horan
1 A bill to be entitled
2 An act relating to water policy; amending s.
3 367.081, F.S.; directing the Public Service
4 Commission to consider additional factors in
5 setting water utility rates; authorizing
6 conservation rates; amending s. 373.016, F.S.;
7 revising legislative declaration of water
8 policy; amending s. 373.019, F.S.; revising
9 definitions; defining "district water
10 management plan," "Florida water plan,"
11 "regional water supply plan," "water resource
12 development," "water resource implementation
13 rule," and "water supply development"; amending
14 s. 373.036, F.S.; eliminating the state water
15 use plan; providing for development of the
16 Florida water plan, to include the water
17 resource implementation rule; providing
18 procedure for rule amendment; requiring water
19 management district governing boards to develop
20 district water management plans; creating s.
21 373.0361, F.S.; providing requirements for
22 regional water supply plans for regions
23 identified in district water management plans;
24 requiring an annual report; creating s.
25 373.038, F.S.; establishing responsibilities
26 for water resource development and water supply
27 development; providing for funding; amending s.
28 373.046, F.S.; providing for certain
29 designation of district regulatory authority by
30 interagency agreement; amending s. 373.536,
31 F.S.; directing the Executive Office of the
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1 Governor to analyze water management district
2 budgets under revised criteria; amending ss.
3 186.007, 186.009, 373.103, 373.114, 373.418,
4 373.456, 403.031, and 403.0891, F.S., to
5 conform to the act; requiring coordination of
6 the Public Service Commission, Department of
7 Environmental Protection, and water management
8 districts in the regulation of certain water
9 utilities; repealing ss. 373.026(10), 373.039,
10 and 403.061(33), F.S., relating to state water
11 policy and the Florida water plan; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (3) of section 367.081, Florida
17 Statutes, is amended, and subsection (9) is added to said
18 section, to read:
19 367.081 Rates; procedure for fixing and changing.--
20 (3) The commission, in fixing rates, may determine the
21 prudent cost of providing service during the period of time
22 the rates will be in effect following the entry of a final
23 order relating to the rate request of the utility and may use
24 such costs to determine the revenue requirements that will
25 allow the utility to earn a fair rate of return on its rate
26 base. In doing so, the commission shall presume correctness or
27 prudence on the part of a utility that makes an improvement
28 that is approved by the Department of Environmental Protection
29 or is necessary to comply with a water management district
30 requirement to use an alternative source or conservation
31 technique. The commission shall allow its regulated utilities
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1 a reasonable time for cost recovery, including the planning
2 period prescribed by the Department of Environmental
3 Protection.
4 (9) The commission may set conservation rates.
5 Section 2. Section 373.016, Florida Statutes, is
6 amended to read:
7 373.016 Declaration of policy.--
8 (1) The waters in the state are among its basic
9 resources. Such waters have not heretofore been conserved or
10 fully managed controlled so as to realize their full
11 beneficial use.
12 (2) The department and the governing board shall take
13 into account cumulative impacts on water resources and manage
14 those resources in a manner to ensure their sustainability.
15 (3)(2) It is further declared to be the policy of the
16 Legislature:
17 (a) To provide for the management of water and related
18 land resources;
19 (b) To promote the conservation, development, and
20 proper utilization of surface and ground water;
21 (c) To promote the availability of sufficient water
22 for all existing and future reasonable-beneficial uses and the
23 environment, through water resource development and water
24 supply development;
25 (d)(c) To develop and regulate dams, impoundments,
26 reservoirs, and other works and to provide water storage for
27 beneficial purposes;
28 (e)(d) To prevent damage from floods, soil erosion,
29 and excessive drainage;
30 (f)(e) To minimize degradation of water resources
31 caused by the discharge of stormwater;
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1 (g)(f) To preserve natural resources, fish, and
2 wildlife;
3 (h)(g) To promote the public policy set forth in s.
4 403.021;
5 (i) To ensure the protection of water resources on
6 state lands;
7 (j)(h) To promote recreational development, protect
8 public lands, and assist in maintaining the navigability of
9 rivers and harbors; and
10 (k)(i) Otherwise to promote the health, safety, and
11 general welfare of the people of this state.
12 (4)(3) The Legislature recognizes that the water
13 resource problems of the state vary from region to region,
14 both in magnitude and complexity. It is therefore the intent
15 of the Legislature to vest in the Department of Environmental
16 Protection or its successor agency the power and
17 responsibility to accomplish the conservation, protection, and
18 management, and control of the waters of the state and with
19 sufficient flexibility and discretion to accomplish these ends
20 through delegation of appropriate powers to the various water
21 management districts. The department may exercise any power
22 herein authorized to be exercised by a water management
23 district; however, to the greatest extent practicable, such
24 power should be delegated to the governing board of a water
25 management district.
26 (5)(4) It is further declared the policy of the
27 Legislature that each water management district, to the extent
28 consistent with effective management practices, shall
29 approximate its fiscal and budget policies and procedures to
30 those of the state.
31
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1 Section 3. Section 373.019, Florida Statutes, 1996
2 Supplement, is amended to read:
3 373.019 Definitions.--When appearing in this chapter
4 or in any rule, regulation, or order adopted pursuant thereto,
5 the following words shall, unless the context clearly
6 indicates otherwise, mean:
7 (1)(13) "Coastal waters" means waters of the Atlantic
8 Ocean or the Gulf of Mexico within the jurisdiction of the
9 state.
10 (2)(1) "Department" means the Department of
11 Environmental Protection or its successor agency or agencies.
12 (3) "District water management plan" means the
13 regional water resource plan developed by a governing board
14 under s. 373.036.
15 (4)(6) "Domestic use" means the use of water for the
16 individual personal household purposes of drinking, bathing,
17 cooking, or sanitation. All other uses shall not be considered
18 domestic.
19 (5) "Florida water plan" means the state-level water
20 resource plan developed by the department under s. 373.036.
21 (6)(3) "Governing board" means the governing board of
22 a water management district.
23 (7)(9) "Groundwater" means water beneath the surface
24 of the ground, whether or not flowing through known and
25 definite channels.
26 (8)(14) "Impoundment" means any lake, reservoir, pond,
27 or other containment of surface water occupying a bed or
28 depression in the earth's surface and having a discernible
29 shoreline.
30 (9)(18) "Independent scientific peer review" means the
31 review of scientific data, theories, and methodologies by a
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1 panel of independent, recognized experts in the fields of
2 hydrology, hydrogeology, limnology, and other scientific
3 disciplines relevant to the matters being reviewed under s.
4 373.042.
5 (10)(7) "Nonregulated use" means any use of water
6 which is exempted from regulation by the provisions of this
7 chapter.
8 (11)(12) "Other watercourse" means any canal, ditch,
9 or other artificial watercourse in which water usually flows
10 in a defined bed or channel. It is not essential that the
11 flowing be uniform or uninterrupted.
12 (12)(5) "Person" means any and all persons, natural or
13 artificial, including any individual, firm, association,
14 organization, partnership, business trust, corporation,
15 company, the United States of America, and the state and all
16 political subdivisions, regions, districts, municipalities,
17 and public agencies thereof. The enumeration herein is not
18 intended to be exclusive or exhaustive.
19 (13)(4) "Reasonable-beneficial use" means the use of
20 water in such quantity as is necessary for economic and
21 efficient utilization for a purpose and in a manner which is
22 both reasonable and consistent with the public interest.
23 (14) "Regional water supply plan" means a detailed
24 water supply plan developed by a governing board under s.
25 373.0361.
26 (15)(11) "Stream" means any river, creek, slough, or
27 natural watercourse in which water usually flows in a defined
28 bed or channel. It is not essential that the flowing be
29 uniform or uninterrupted. The fact that some part of the bed
30 or channel has been dredged or improved does not prevent the
31 watercourse from being a stream.
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1 (16)(10) "Surface water" means water upon the surface
2 of the earth, whether contained in bounds created naturally or
3 artificially or diffused. Water from natural springs shall be
4 classified as surface water when it exits from the spring onto
5 the earth's surface.
6 (17)(8) "Water" or "waters in the state" means any and
7 all water on or beneath the surface of the ground or in the
8 atmosphere, including natural or artificial watercourses,
9 lakes, ponds, or diffused surface water and water percolating,
10 standing, or flowing beneath the surface of the ground, as
11 well as all coastal waters within the jurisdiction of the
12 state.
13 (18)(2) "Water management district" means any flood
14 control, resource management, or water management district
15 operating under the authority of this chapter.
16 (19) "Water resource development" means the
17 formulation and implementation of regional water resource
18 management strategies, including the collection and evaluation
19 of surface water and groundwater data; structural and
20 nonstructural programs to protect and manage water resources;
21 the development of regional water resource implementation
22 programs; the construction, operation, and maintenance of
23 major public works facilities to provide for flood control,
24 surface and underground water storage, and groundwater
25 recharge augmentation; and related technical assistance to
26 local governments and to government-owned and privately owned
27 water utilities.
28 (20)(16) "State Water resource implementation rule
29 policy" means the rule authorized by s. 373.036, which sets
30 comprehensive statewide policy as adopted by the department
31 pursuant to ss. 373.026 and 403.061 setting forth goals,
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1 objectives, and guidance for the development and review of
2 programs, rules, and plans relating to water resources, based
3 on statutory policies and directives. The waters of the state
4 are among its most basic resources. Such waters should be
5 managed to conserve and protect water resources and to realize
6 the full beneficial use of these resources.
7 (21) "Water supply development" means the planning,
8 design, construction, operation, and maintenance of public or
9 private facilities for water collection, treatment,
10 transmission, or distribution for sale, resale, or end use.
11 (22)(17) For the sole purpose of serving as the basis
12 for the unified statewide methodology adopted pursuant to s.
13 373.421(1), as amended, "wetlands" means those areas that are
14 inundated or saturated by surface water or groundwater at a
15 frequency and a duration sufficient to support, and under
16 normal circumstances do support, a prevalence of vegetation
17 typically adapted for life in saturated soils. Soils present
18 in wetlands generally are classified as hydric or alluvial, or
19 possess characteristics that are associated with reducing soil
20 conditions. The prevalent vegetation in wetlands generally
21 consists of facultative or obligate hydrophytic macrophytes
22 that are typically adapted to areas having soil conditions
23 described above. These species, due to morphological,
24 physiological, or reproductive adaptations, have the ability
25 to grow, reproduce, or persist in aquatic environments or
26 anaerobic soil conditions. Florida wetlands generally include
27 swamps, marshes, bayheads, bogs, cypress domes and strands,
28 sloughs, wet prairies, riverine swamps and marshes, hydric
29 seepage slopes, tidal marshes, mangrove swamps and other
30 similar areas. Florida wetlands generally do not include
31 longleaf or slash pine flatwoods with an understory dominated
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1 by saw palmetto. Upon legislative ratification of the
2 methodology adopted pursuant to s. 373.421(1), as amended, the
3 limitation contained herein regarding the purpose of this
4 definition shall cease to be effective.
5 (23)(15) "Works of the district" means those projects
6 and works, including, but not limited to, structures,
7 impoundments, wells, streams, and other watercourses, together
8 with the appurtenant facilities and accompanying lands, which
9 have been officially adopted by the governing board of the
10 district as works of the district.
11 Section 4. Section 373.036, Florida Statutes, is
12 amended to read:
13 373.036 Florida water plan; district water management
14 plans State water use plan.--
15 (1) FLORIDA WATER PLAN.--In cooperation with the water
16 management districts and others, the department shall develop
17 the Florida water plan. The Florida water plan shall include,
18 but not be limited to:
19 (a) The programs and activities of the department
20 related to water supply, water quality, flood protection and
21 floodplain management, and natural systems.
22 (b) The water quality standards of the department.
23 (c) The district water management plans.
24 (d) Goals, objectives, and guidance for the
25 development and review of programs, rules, and plans relating
26 to water resources, based on statutory policies and
27 directives. The existing state water policy rule, Chapter
28 62-40, Florida Administrative Code, shall serve as this part
29 of the plan, shall be known as the "water resource
30 implementation rule," and shall be so renamed upon its next
31 amendment. Amendments or additions to this part of the Florida
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1 water plan shall be adopted by the department as part of the
2 water resource implementation rule. In accordance with s.
3 373.114, the department shall review rules of the water
4 management districts for consistency with this rule.
5 Amendments to the water resource implementation rule must be
6 adopted by the secretary of the department and be submitted to
7 the President of the Senate and the Speaker of the House of
8 Representatives within 7 days after publication in the Florida
9 Administrative Weekly. Amendments shall not become effective
10 until the conclusion of the next regular session of the
11 Legislature following their adoption.
12 (1) The department shall proceed as rapidly as
13 possible to study existing water resources in the state; means
14 and methods of conserving and augmenting such waters; existing
15 and contemplated needs and uses of water for protection and
16 procreation of fish and wildlife, irrigation, mining, power
17 development, and domestic, municipal, and industrial uses; and
18 all other related subjects, including drainage, reclamation,
19 flood plain or flood-hazard area zoning, and selection of
20 reservoir sites. The department shall cooperate with the
21 Executive Office of the Governor, or its successor agency,
22 progressively to formulate, as a functional element of a
23 comprehensive state plan, an integrated, coordinated plan for
24 the use and development of the waters of the state, based on
25 the above studies. This plan, with such amendments,
26 supplements, and additions as may be necessary from time to
27 time, shall be known as the state water use plan.
28 (2) DISTRICT WATER MANAGEMENT PLANS.--
29 (a) Each governing board shall develop a district
30 water management plan for water resources within its region,
31 which plan addresses water supply, water quality, flood
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1 protection and floodplain management, and natural systems. The
2 district water management plan shall be based on at least a
3 20-year planning period, shall be developed and revised in
4 cooperation with other agencies, units of government, and
5 interested parties, and shall be updated at least once every 5
6 years. The governing board shall hold a public hearing at
7 least 30 days in advance of completing the development or
8 revision of the district water management plan.
9 (b) The district water management plan shall include,
10 but not be limited to:
11 1. The scientific methodologies for establishing
12 minimum flows and levels under s. 373.042, and all established
13 minimum flows and levels.
14 2. Identification of one or more water supply planning
15 regions that singly or together encompass the entire district.
16 3. Technical data and information prepared under ss.
17 373.0391 and 373.0395.
18 4. A districtwide water supply assessment, to be
19 completed no later than July 1, 1998, which determines for
20 each water supply planning region:
21 a. Existing legal uses, reasonably anticipated future
22 needs, and existing and reasonably anticipated sources of
23 water and conservation efforts; and
24 b. Whether existing and reasonably anticipated sources
25 of water and conservation efforts are adequate to supply water
26 for all existing legal uses and reasonably anticipated future
27 needs and to sustain the water resources and related natural
28 systems.
29 5. Any completed regional water supply plans.
30 (c) If necessary for implementation, the governing
31 board shall adopt by rule or order relevant portions of the
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1 district water management plan, to the extent of its statutory
2 authority.
3 (d)(2) In the formulation of the district water
4 management state water use plan, the governing board
5 department shall give due consideration to:
6 1.(a) The attainment of maximum reasonable-beneficial
7 use of water resources for such purposes as those referred to
8 in subsection (1).
9 2.(b) The maximum economic development of the water
10 resources consistent with other uses.
11 3.(c) The management control of water resources such
12 waters for such purposes as environmental protection,
13 drainage, flood control, and water storage.
14 4.(d) The quantity of water available for application
15 to a reasonable-beneficial use.
16 5.(e) The prevention of wasteful, uneconomical,
17 impractical, or unreasonable uses of water resources.
18 6.(f) Presently exercised domestic use and permit
19 rights.
20 7.(g) The preservation and enhancement of the water
21 quality of the state and the provisions of the state water
22 quality plan.
23 8.(h) The state water resources policy as expressed by
24 this chapter.
25 (3) During the process of formulating or revising the
26 state water use plan, the department shall consult with, and
27 carefully evaluate the recommendations of, concerned federal,
28 state, and local agencies, particularly the governing boards
29 of the water management districts, and other interested
30 persons.
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1 (4) Each governing board is directed to cooperate with
2 the department in conducting surveys and investigations of
3 water resources, to furnish the department with all available
4 data of a technical nature, and to advise and assist the
5 department in the formulation and drafting of those portions
6 of the state plan applicable to the district.
7 (5) The department shall not adopt or modify the state
8 water use plan or any portion thereof without first holding a
9 public hearing on the matter. At least 90 days in advance of
10 such hearing, the department shall notify any affected
11 governing boards, and shall give notice of such hearing by
12 publication within the affected region pursuant to the
13 provisions of chapter 120, except such notice by publication
14 shall be extended at least 90 days in advance of such
15 hearings.
16 (6) For the purposes of this plan the department may,
17 in consultation with the affected governing board, divide each
18 water management district into sections which shall conform as
19 nearly as practicable to hydrologically controllable areas and
20 describe all water resources within each area.
21 (3)(7) The department and governing board shall give
22 careful consideration to the requirements of public recreation
23 and to the protection and procreation of fish and wildlife.
24 The department or governing board may prohibit or restrict
25 other future uses on certain designated bodies of water which
26 may be inconsistent with these objectives.
27 (4)(8) The governing board department may designate
28 certain uses in connection with a particular source of supply
29 which, because of the nature of the activity or the amount of
30 water required, would constitute an undesirable use for which
31 the governing board may deny a permit.
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1 (5)(9) The governing board department may designate
2 certain uses in connection with a particular source of supply
3 which, because of the nature of the activity or the amount of
4 water required, would result in an enhancement or improvement
5 of the water resources of the area. Such uses shall be
6 preferred over other uses in the event of competing
7 applications under the permitting systems authorized by this
8 chapter.
9 (6)(10) The department, in cooperation with the
10 Executive Office of the Governor, or its successor agency, may
11 add to the Florida water state water use plan any other
12 information, directions, or objectives it deems necessary or
13 desirable for the guidance of the governing boards or other
14 agencies in the administration and enforcement of this
15 chapter.
16 Section 5. Section 373.0361, Florida Statutes, is
17 created to read:
18 373.0361 Regional water supply planning.--
19 (1) By October 1, 1998, the governing board shall
20 initiate water supply planning for each water supply planning
21 region identified in the district water management plan under
22 s. 373.036, where it determines that sources of water are not
23 adequate for the planning period to supply water for all
24 existing and projected reasonable-beneficial uses and to
25 sustain the water resources and related natural systems. The
26 planning must be conducted in an open public process, in
27 coordination and cooperation with local governments,
28 government-owned and privately owned water utilities,
29 self-suppliers, and other affected and interested parties.
30
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1 (2) Each regional water supply plan shall be based on
2 at least a 20-year planning period and shall include, but not
3 be limited to:
4 (a) A water supply development component that
5 includes:
6 1. A quantification of the water supply needs for all
7 existing and reasonably projected future uses within the
8 planning horizon.
9 2. A list of water source options for water supply
10 development, including traditional and alternative sources,
11 from which local government, government-owned and privately
12 owned utilities, self-suppliers, and others may choose, which
13 will exceed the needs identified in subparagraph 1.
14 3. For each option listed in subparagraph 2., the
15 estimated amount of water available for use and the estimated
16 costs of and potential sources of funding for water supply
17 development.
18 4. A list of water supply development projects that
19 are of greater public good, as defined in s. 373.038(4).
20 (b) A water resource development component that
21 includes:
22 1. A listing of those water resource development
23 projects that support water supply development.
24 2. For each water resource development project listed:
25 a. An estimate of the amount of water to become
26 available through the project.
27 b. The timetable for implementing or constructing the
28 project and the estimated costs for implementing and
29 maintaining the project.
30 c. Sources of funding and funding needs.
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1 d. Who will implement the project and how it will be
2 implemented.
3 (c) Consideration of how the options addressed in
4 paragraphs (a) and (b) serve the public interest or save costs
5 overall by preventing the loss of natural resources or
6 avoiding greater future expenditures for water resource
7 development or water supply development. However, unless
8 adopted by rule, these considerations do not constitute final
9 agency action.
10 (d) The technical data and information applicable to
11 the planning region which are contained in the district water
12 management plan and are necessary to support the regional
13 water supply plan.
14 (e) The minimum flows and levels established for water
15 resources within the planning region.
16 (3) If necessary for implementation, the governing
17 board shall adopt by rule or order relevant portions of the
18 regional water supply plan, to the extent of its statutory
19 authority.
20 (4) Regional water supply plans initiated or completed
21 by July 1, 1997, shall be revised, if necessary, to include a
22 water supply development component and a water resource
23 development component under paragraphs (2)(a) and (b).
24 (5) Beginning November 15, 1997, and annually
25 thereafter, the department shall submit to the Governor and
26 the Legislature a report on the status of regional water
27 supply planning in each district. This report shall include a
28 compilation of the estimated costs of and potential sources of
29 funding for water resource development and water supply
30 development projects, as identified in the water management
31 district regional water supply plans.
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1 Section 6. Section 373.038, Florida Statutes, is
2 created to read:
3 373.038 Water resource development; water supply
4 development.--
5 (1) The Legislature finds that:
6 (a) The proper role of the water management districts
7 in water supply is primarily planning and water resource
8 development, but this does not preclude them from providing
9 assistance with water supply development.
10 (b) The proper role of local government, regional
11 water supply authorities, and government-owned and privately
12 owned water utilities in water supply is primarily water
13 supply development, but this does not preclude them from
14 providing assistance with water resource development.
15 (c) Water resource development and water supply
16 development must receive priority attention, where needed, to
17 increase the availability of sufficient water for all existing
18 and future reasonable-beneficial uses and the environment.
19 (2) It is the intent of the Legislature that:
20 (a) Water management districts take the lead in
21 identifying and implementing water resource development
22 projects, and be responsible for securing necessary funding
23 for regionally significant water resource development
24 projects.
25 (b) Local governments and government-owned and
26 privately owned water utilities take the lead in securing
27 funds for and implementing water supply development projects.
28 Generally, direct beneficiaries of water supply development
29 projects should pay the costs of the projects from which they
30 benefit, and water supply development projects should continue
31 to be paid for through local funding sources.
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1 (c) Water supply development be conducted in
2 coordination with water management district regional water
3 supply planning and water resource development.
4 (3) The water management districts shall fund and
5 implement water resource development as defined in s. 373.019.
6 Each governing board shall include in its annual budget the
7 amount needed for the fiscal year to implement water resource
8 development projects, as prioritized in its regional water
9 supply plans.
10 (4)(a) Water supply development projects that are
11 identified in water management district regional water supply
12 plans as being of greater public good are eligible for funding
13 assistance from the state and the water management districts.
14 (b) To be of greater public good, a project must be of
15 regional or statewide significance, must be found to be
16 consistent with the relevant regional water supply plan, and
17 must:
18 1. Support establishment of a dependable, sustainable
19 supply of water which is not otherwise financially feasible;
20 2. Be environmentally superior to other available
21 alternatives in preventing or limiting adverse water resource
22 impacts, but require funding assistance to be economically
23 competitive with other options; or
24 3. Significantly implement reuse, storage, recharge,
25 or conservation of water in a manner that contributes to the
26 sustainability of regional water sources.
27 Section 7. Subsection (6) is added to section 373.046,
28 Florida Statutes, 1996 Supplement, to read:
29 373.046 Interagency agreements.--
30 (6) When the geographic area of a project or local
31 government crosses water management district boundaries, the
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1 affected districts may designate a single affected district by
2 interagency agreement to implement in that area, under the
3 rules of the designated district, all or part of the
4 applicable regulatory responsibilities under chapter 373.
5 Interagency agreements entered into under this subsection
6 which apply to the geographic area of a local government must
7 have the concurrence of the affected local government. The
8 application, under this subsection, by rule of any existing
9 district rule that was adopted or formally noticed for
10 adoption on or before May 11, 1995, is not subject to s.
11 70.001.
12 Section 8. Paragraphs (a) and (c) of subsection (5) of
13 section 373.536, Florida Statutes, 1996 Supplement, are
14 amended to read:
15 373.536 District budget and hearing thereon.--
16 (5)(a) The Executive Office of the Governor is
17 authorized to approve or disapprove, in whole or in part, the
18 budget of each water management district and shall analyze
19 each budget as to the adequacy of district expenditures
20 related to water supply, including water resource development
21 projects identified in the district's regional water supply
22 plans; water quality; flood protection and floodplain
23 management; and natural systems. This analysis shall be based
24 on the particular needs within each water management district
25 in those four areas of responsibility and on the available
26 fiscal resources of the district.
27 (c) Each water management district shall, by August 5
28 of each year, submit to the Department of Environmental
29 Protection, the Executive Office of the Governor, and the
30 chairs of the appropriations committees of the Legislature for
31 review a tentative budget that includes, but is not limited
19
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1 to, the following information for the preceding fiscal year
2 and the current fiscal year, and the proposed amounts for the
3 upcoming fiscal year, in a standard format prescribed by the
4 department which is generally consistent with the format
5 prescribed by legislative budget instructions for state
6 agencies and the format requirements of s. 216.031:
7 1. The millage rates and the percentage increase above
8 the rolled-back rate, together with a summary of the reasons
9 the increase is required, and the percentage increase in
10 taxable value resulting from new construction;
11 2. For each program area, the salary and benefits,
12 expenses, operating capital outlay, number of authorized
13 positions, and other personal services;
14 3. The total amount in the district budget for each
15 area of responsibility listed in paragraph (a) and for water
16 resource development projects identified in the district's
17 regional water supply plans.
18 4.3. A description of each new, expanded, reduced, or
19 eliminated program;
20 5.4. A 5-year capital improvements plan; and
21 6.5. The funding sources, including, but not limited
22 to, ad valorem taxes, Surface Water Improvement and Management
23 Program funds, other state funds, federal funds, and user fees
24 and permit fees for each program area.
25 Section 9. Paragraph (b) of subsection (4) of section
26 186.007, Florida Statutes, is amended to read:
27 186.007 State comprehensive plan; preparation;
28 revision.--
29 (4)
30 (b) The purpose of the growth management portion of
31 the state comprehensive plan is to establish clear, concise,
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1 and direct goals, objectives, and policies related to land
2 development, water resources, transportation, and related
3 topics. In doing so, the plan should, where possible, draw
4 upon the work that agencies have invested in the state land
5 development plan, the Florida Transportation Plan, the Florida
6 water state water use plan, and similar planning documents.
7 Section 10. Paragraph (n) of subsection (2) of section
8 186.009, Florida Statutes, is amended to read:
9 186.009 Growth management portion of the state
10 comprehensive plan.--
11 (2) The growth management portion of the state
12 comprehensive plan shall:
13 (n) Set forth recommendations on how to integrate the
14 Florida water state water use plan required by s. 373.036, the
15 state land development plan required by s. 380.031(17), and
16 transportation plans required by chapter 339.
17
18 The growth management portion of the state comprehensive plan
19 shall not include a land use map.
20 Section 11. Subsections (1) and (7) of section
21 373.103, Florida Statutes, are amended to read:
22 373.103 Powers which may be vested in the governing
23 board at the department's discretion.--In addition to the
24 other powers and duties allowed it by law, the governing board
25 of a water management district may be specifically authorized
26 by the department to:
27 (1) Administer and enforce all provisions of this
28 chapter, including the permit systems established in parts II,
29 III, and IV of this chapter, consistent with the state water
30 resource implementation rule policy.
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1 (7) Prepare, in cooperation with the department, that
2 part of the Florida water state water use plan applicable to
3 the district.
4 Section 12. Subsection (2) of section 373.114, Florida
5 Statutes, is amended to read:
6 373.114 Land and Water Adjudicatory Commission; review
7 of district rules and orders; department review of district
8 rules.--
9 (2) The department shall have the exclusive authority
10 to review rules of the water management districts, other than
11 rules relating to internal management of the districts, to
12 ensure consistency with the state water resource
13 implementation rule policy as set forth in the rules of the
14 department. Within 30 days after adoption or revision of any
15 water management district rule, the department shall initiate
16 a review of such rule pursuant to this section.
17 (a) Within 30 days after adoption of a rule, any
18 affected person may request that a hearing be held before the
19 secretary of the department, at which hearing evidence and
20 argument may be presented relating to the consistency of the
21 rule with the state water resource implementation rule policy,
22 by filing a request for hearing with the department and
23 serving a copy on the water management district.
24 (b) If the department determines that the rule is
25 inconsistent with the state water resource implementation rule
26 policy, it may order the water management district to initiate
27 rulemaking proceedings to amend or repeal the rule.
28 (c) An order of the department requiring amendment or
29 repeal of a rule may be appealed to the Land and Water
30 Adjudicatory Commission by the water management district or
31 any other party to the proceeding before the secretary.
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1 Section 13. Subsection (3) of section 373.418, Florida
2 Statutes, is amended to read:
3 373.418 Rulemaking; preservation of existing
4 authority.--
5 (3) The department or governing boards may adopt such
6 rules as are necessary to implement the provisions of this
7 part. Such rules shall be consistent with the state water
8 resource implementation rule policy and shall not allow harm
9 to water resources or be contrary to the policy set forth in
10 s. 373.016.
11 Section 14. Subsection (2) of section 373.456, Florida
12 Statutes, is amended to read:
13 373.456 Approval of surface water improvement and
14 management plans.--
15 (2) The department shall have the exclusive authority
16 to review the plan to ensure consistency with the state water
17 resource implementation rule policy and the State
18 Comprehensive Plan.
19 Section 15. Subsection (14) of section 403.031,
20 Florida Statutes, 1996 Supplement, is amended to read:
21 403.031 Definitions.--In construing this chapter, or
22 rules and regulations adopted pursuant hereto, the following
23 words, phrases, or terms, unless the context otherwise
24 indicates, have the following meanings:
25 (14) "State Water resource implementation rule policy"
26 means the rule authorized by s. 373.036, which sets
27 comprehensive statewide policy as adopted by the department
28 pursuant to ss. 373.026 and 403.061, setting forth goals,
29 objectives, and guidance for the development and review of
30 programs, rules, and plans relating to water resources, based
31 on statutory policies and directives. The waters of the state
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1 are among its most basic resources. Such waters should be
2 managed to conserve and protect water resources and to realize
3 the full beneficial use of these resources.
4 Section 16. Subsection (1) and paragraph (a) of
5 subsection (3) of section 403.0891, Florida Statutes, are
6 amended to read:
7 403.0891 State, regional, and local stormwater
8 management plans and programs.--The department, the water
9 management districts, and local governments shall have the
10 responsibility for the development of mutually compatible
11 stormwater management programs.
12 (1) The department shall include goals in the state
13 water resource implementation rule policy for the proper
14 management of stormwater.
15 (3)(a) Each local government required by chapter 163
16 to submit a comprehensive plan, whose plan is submitted after
17 July 1, 1992, and the others when updated after July 1, 1992,
18 in the development of its stormwater management program
19 described by elements within its comprehensive plan shall
20 consider the state water resource implementation rule policy,
21 district stormwater management goals, plans approved pursuant
22 to the Surface Water Improvement and Management Act, ss.
23 373.451-373.4595, and technical assistance information
24 provided by the water management districts pursuant to s.
25 373.0391.
26 Section 17. The Florida Public Service Commission, the
27 Department of Environmental Protection, and the water
28 management districts shall coordinate their rule requirements
29 and timeframes for cost recovery for water and wastewater
30 systems regulated under chapter 367, Florida Statutes.
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1 Section 18. Subsection (10) of section 373.026,
2 section 373.039, and subsection (33) of section 403.061,
3 Florida Statutes, are repealed.
4 Section 19. This act shall take effect upon becoming a
5 law.
6
7 *****************************************
8 HOUSE SUMMARY
9
Eliminates the state water use plan. Provides for
10 development of the Florida water plan by the Department
of Environmental Protection. Specifies contents,
11 including the existing state water policy rule, revised
as the "water policy implementation rule," and the
12 district water management plans. Provides procedures for
rule amendment and for review of district rules for
13 consistency. Requires development of district water
management plans and specifies contents and requirements.
14 Requires districts to initiate regional water supply
planning by October 1, 1998, and requires water supply
15 development and water resource development components.
Requires annual department reports to the Governor and
16 Legislature on the status of regional water supply
planning. Provides legislative intent regarding the roles
17 of the districts, local governments, regional water
supply authorities, and water utilities in water supply
18 and water resource development. Provides for funding of
development projects. Authorizes agreements among
19 districts to provide regulatory authority to a single
district, under certain conditions. Directs the Executive
20 Office of the Governor to use water supply criteria in
analyzing district budgets. Directs the Public Service
21 Commission to consider, in fixing water utility rates,
the utility's need to comply with department and district
22 requirements, and authorizes conservation rates. Directs
the commission, department, and districts to coordinate
23 rule requirements and timeframes for cost recovery.
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