Senate Bill 0312c1

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    Florida Senate - 1998                   CS for SB's 312 & 2298

    By the Committee on Natural Resources and Senators
    Brown-Waite, Laurent, Bronson, Cowin, Williams and Horne




    312-2128A-98

  1                      A bill to be entitled

  2         An act relating to water resource management;

  3         amending s. 373.016, F.S.; providing

  4         legislative policy relating to state and

  5         regional water resource management; encouraging

  6         use of water from sources nearest the area of

  7         need; providing an exception; amending s.

  8         373.196, F.S.; clarifying legislative intent

  9         that water resource development is a function

10         of the water management districts; amending s.

11         373.1962, F.S.; providing an exemption for

12         water supply authorities under certain

13         circumstances from certain factors for

14         consumptive use permits; amending s. 373.223,

15         F.S.; directing the Department of Environmental

16         Protection or water management district

17         governing board to consider certain factors

18         when determining the public interest for the

19         transport and use of water across county

20         boundaries or outside the watershed; amending

21         s. 373.229, F.S.; requiring additional

22         information in permit applications for proposed

23         transport and use of water pursuant to s.

24         373.223(2), F.S.; reenacting s. 373.536(5)(c),

25         F.S.; clarifying intent with respect to

26         language inadvertently omitted by legislative

27         action; amending ss. 373.036, 373.209, 373.226,

28         373.421, F.S.; correcting cross-references;

29         providing an effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1         Section 1.  Subsections (4) and (5) of section 373.016,

  2  Florida Statutes, are renumbered as subsections (5) and (6),

  3  respectively, and a new subsection (4) is added to said

  4  section to read:

  5         373.016  Declaration of policy.--

  6         (4)(a)  Because water constitutes a public resource

  7  benefiting the entire state, it is the policy of the

  8  Legislature that the waters in the state be managed on a state

  9  and regional basis.  Consistent with this directive, the

10  Legislature recognizes the need to allocate water throughout

11  the state so as to meet all reasonable-beneficial uses.

12  However, the Legislature acknowledges that such allocations

13  have in the past adversely affected the water resources of

14  certain areas in this state.  To protect such water resources

15  and to meet the current and future needs of those areas with

16  abundant water, the Legislature directs the department and the

17  water management districts to encourage the use of water from

18  sources nearest the area of use or application whenever

19  practicable.  Such sources shall include all naturally

20  occurring water sources and all alternative water sources,

21  including, but not limited to, desalination, conservation,

22  reuse of nonpotable reclaimed water and stormwater, and

23  aquifer storage and recovery. Reuse of potable reclaimed water

24  and stormwater shall not be subject to the evaluation

25  described in s. 373.223(3)(a)-(f). However, this directive to

26  encourage the use of water, whenever practicable, from sources

27  nearest the area of use or application shall not apply to the

28  transport and direct and indirect use of water within the area

29  encompassed by the Central and Southern Florida Flood Control

30  Project, nor shall it apply anywhere in the state to the

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1  transport and use of water supplied exclusively for bottled

  2  water as defined in s. 500.03(1)(d).

  3         (b)  In establishing the policy outlined in paragraph

  4  (a), the Legislature realizes that under certain circumstances

  5  the need to transport water from distant sources may be

  6  necessary for environmental, technical, or economic reasons.

  7         Section 2.  Subsection (2) of section 373.196, Florida

  8  Statutes, is amended to read:

  9         373.196  Legislative findings.--

10         (2)  Municipalities and counties are encouraged to

11  create regional water supply authorities as authorized herein.

12  It is further the intent that municipalities, counties, and

13  regional water supply authorities are to have the primary

14  responsibility for water supply, and water management

15  districts and their basin boards are to engage only in those

16  functions that are incidental to the exercise of their flood

17  control and water management powers or that are related to

18  water resource development pursuant to s. 373.0831.

19         Section 3.  Subsection (9) is added to section

20  373.1962, Florida Statutes, to read:

21         373.1962  Regional water supply authorities.--

22         (9)  Where a water supply authority exists pursuant to

23  s. 373.1962 or s. 373.1963 under a voluntary interlocal

24  agreement that is consistent with requirements in s.

25  373.1963(1) and receives or maintains consumptive use permits

26  under this voluntary agreement consistent with the water

27  supply plan, if any, adopted by the governing board, such

28  authority shall be exempt from consideration by the governing

29  board or department of the factors specified in s.

30  373.223(3)(a)-(f) and the submissions required by s.

31  373.229(3). Such exemptions shall apply only to water sources

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1  within the jurisdictional areas of such voluntary water supply

  2  interlocal agreements.

  3         Section 4.  Subsection (1) of section 373.223, Florida

  4  Statutes, is amended, present subsection (3) of that section

  5  is redesignated as subsection (4), and a new subsection (3) is

  6  added to that section to read:

  7         373.223  Conditions for a permit.--

  8         (1)  To obtain a permit pursuant to the provisions of

  9  this chapter, the applicant must establish that the proposed

10  use of water:

11         (a)  Is a reasonable-beneficial use as defined in s.

12  373.019(4);

13         (b)  Will not interfere with any presently existing

14  legal use of water; and

15         (c)  Is consistent with the public interest.

16         (3)  Except for the transport and use of water supplied

17  by the Central and Southern Florida Flood Control Project and

18  self-suppliers of water for which the proposed water source

19  and area of use or application are located on contiguous

20  private properties, when evaluating whether a potential

21  transport and use of ground or surface water across county

22  boundaries or outside the watershed from which it is taken is

23  consistent with the public interest, pursuant to paragraph

24  (c), the governing board or department shall consider:

25         (a)  The proximity of the proposed water source to the

26  area of use or application.

27         (b)  All impoundments, streams, groundwater sources, or

28  watercourses that are geographically closer to the area of use

29  or application than the proposed source, and that are

30  technically and economically feasible for the proposed

31  transport and use.

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1         (c)  All economically and technically feasible

  2  alternatives to the proposed source, including, but not

  3  limited to, desalination, conservation, reuse of nonpotable

  4  reclaimed water and stormwater, and aquifer storage and

  5  recovery.

  6         (d)  The potential environmental impacts that may

  7  result from the transport and use of water from the proposed

  8  source, and the potential environmental impacts that may

  9  result from use of the other water sources identified in

10  paragraphs (a) and (c).

11         (e)  Whether existing and reasonably anticipated

12  sources of water and conservation efforts are adequate to

13  supply water for existing legal uses and reasonably

14  anticipated future needs of the water supply planning region

15  in which the proposed water source is located.

16         (f)  Consultations with local governments affected by

17  the proposed transport and use.

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19  Where districtwide water supply assessments and regional water

20  supply plans have been prepared pursuant to ss. 373.036 and

21  373.0361, the governing board or the department shall use the

22  applicable plans and assessments as the basis for its

23  consideration of the applicable factors in s. 373.223(3).

24         Section 5.  Subsection (3) of section 373.229, Florida

25  Statutes, is renumbered as subsection (4), and a new

26  subsection (3) is added to said section to read:

27         373.229  Application for permit.--

28         (3)  In addition to the information required in

29  subsection (1), all permit applications filed with the

30  governing board or the department which propose the transport

31  and use of water across county boundaries or outside the

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  1  watershed from which it is taken, shall include information

  2  pertaining to factors to be considered, pursuant to s.

  3  373.223(3), unless exempt under s. 373.1962(9).

  4         Section 6.  Paragraph (c) of subsection (5) of section

  5  373.536, Florida Statutes, is reenacted to read:

  6         373.536  District budget and hearing thereon.--

  7         (5)

  8         (c)  Each water management district shall, by August 1

  9  of each year, submit for review a tentative budget to the

10  Governor, the President of the Senate, the Speaker of the

11  House of Representatives, the chairs of all legislative

12  committees and subcommittees with substantive or fiscal

13  jurisdiction over water management districts, the secretary of

14  the department, and the governing body of each county in which

15  the district has jurisdiction or derives any funds for the

16  operations of the district.  The tentative budget must

17  include, but is not limited to, the following information for

18  the preceding fiscal year and the current fiscal year, and the

19  proposed amounts for the upcoming fiscal year, in a standard

20  format prescribed by the Executive Office of the Governor

21  which is generally consistent with the format prescribed by

22  legislative budget instructions for state agencies and the

23  format requirements of s. 216.031:

24         1.  The millage rates and the percentage increase above

25  the rolled-back rate, together with a summary of the reasons

26  the increase is required, and the percentage increase in

27  taxable value resulting from new construction;

28         2.  The salary and benefits, expenses, operating

29  capital outlay, number of authorized positions, and other

30  personal services for the following program areas, including a

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1  separate section for lobbying, intergovernmental relations,

  2  and advertising:

  3         a.  District management and administration;

  4         b.  Implementation through outreach activities;

  5         c.  Implementation through regulation;

  6         d.  Implementation through acquisition, restoration,

  7  and public works;

  8         e.  Implementation through operations and maintenance

  9  of lands and works;

10         f.  Water resources planning and monitoring; and

11         g.  A full description and accounting of expenditures

12  for lobbying activities relating to local, regional, state,

13  and federal governmental affairs, whether incurred by district

14  staff or through contractual services and all expenditures for

15  public relations, including all expenditures for public

16  service announcements and advertising in any media.

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18  In addition to the program areas reported by all water

19  management districts, the South Florida Water Management

20  District shall include in its budget document a separate

21  section on all costs associated with the Everglades

22  Construction Project.

23         3.  The total amount in the district budget for each

24  area of responsibility listed in paragraph (a) and for water

25  resource development projects identified in the district's

26  regional water supply plans.

27         4.  A 5-year capital improvements plan.

28         5.  A description of each new, expanded, reduced, or

29  eliminated program.

30         6.  A proposed 5-year water resource development work

31  program, that describes the district's implementation strategy

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1  for the water resource development component of each approved

  2  regional water supply plan developed or revised pursuant to s.

  3  373.0361.  The work program shall address all the elements of

  4  the water resource development component in the district's

  5  approved regional water supply plans.  The office of the

  6  Governor, with the assistance of the department, shall review

  7  the proposed work program.  The review shall include a written

  8  evaluation of its consistency with and furtherance of the

  9  district's approved regional water supply plans, and adequacy

10  of proposed expenditures. As part of the review, the Executive

11  Office of the Governor and the department shall afford to all

12  interested parties the opportunity to provide written comments

13  on each district's proposed work program. At least 7 days

14  prior to the adoption of its final budget, the governing board

15  shall state in writing to the Executive Office of the Governor

16  which changes recommended in the evaluation it will

17  incorporate into its work program, or specify the reasons for

18  not incorporating the changes.  The office of the Governor

19  shall include the district's responses in the written

20  evaluation and shall submit a copy of the evaluation to the

21  Legislature; and

22         7.  The funding sources, including, but not limited to,

23  ad valorem taxes, Surface Water Improvement and Management

24  Program funds, other state funds, federal funds, and user fees

25  and permit fees for each program area.

26         Section 7.  Paragraph (d) of subsection (1) of section

27  373.036, Florida Statutes, is amended to read:

28         373.036  Florida water plan; district water management

29  plans.--

30         (1)  FLORIDA WATER PLAN.--In cooperation with the water

31  management districts, regional water supply authorities, and

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1  others, the department shall develop the Florida water plan.

  2  The Florida water plan shall include, but not be limited to:

  3         (d)  Goals, objectives, and guidance for the

  4  development and review of programs, rules, and plans relating

  5  to water resources, based on statutory policies and

  6  directives. The state water policy rule, renamed the water

  7  resource implementation rule pursuant to s. 373.019(21)(20),

  8  shall serve as this part of the plan. Amendments or additions

  9  to this part of the Florida water plan shall be adopted by the

10  department as part of the water resource implementation rule.

11  In accordance with s. 373.114, the department shall review

12  rules of the water management districts for consistency with

13  this rule. Amendments to the water resource implementation

14  rule must be adopted by the secretary of the department and be

15  submitted to the President of the Senate and the Speaker of

16  the House of Representatives within 7 days after publication

17  in the Florida Administrative Weekly. Amendments shall not

18  become effective until the conclusion of the next regular

19  session of the Legislature following their adoption.

20         Section 8.  Subsection (2) of section 373.209, Florida

21  Statutes, is amended to read:

22         373.209  Artesian wells; penalties for violation.--

23         (2)  A well is exempt from the provisions of this

24  section unless the Department of Environmental Protection can

25  show that the uncontrolled flow of water from the well does

26  not have a reasonable-beneficial reasonable and beneficial

27  use, as defined in s. 373.019(4).

28         Section 9.  Subsection (2) of section 373.226, Florida

29  Statutes, is amended to read:

30         373.226  Existing uses.--

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1         (2)  The governing board or the department shall issue

  2  an initial permit for the continuation of all uses in

  3  existence before the effective date of implementation of this

  4  part if the existing use is a reasonable-beneficial use as

  5  defined in s. 373.019(13) and is allowable under the common

  6  law of this state.

  7         Section 10.  Subsection (1) of section 373.421, Florida

  8  Statutes, is amended to read:

  9         373.421  Delineation methods; formal determinations.--

10         (1)  By January 1, 1994, the Environmental Regulation

11  Commission shall adopt a unified statewide methodology for the

12  delineation of the extent of wetlands as defined in s.

13  373.019(23)(17). This methodology shall consider regional

14  differences in the types of soils and vegetation that may

15  serve as indicators of the extent of wetlands. This

16  methodology shall also include provisions for determining the

17  extent of surface waters other than wetlands for the purposes

18  of regulation under s. 373.414. This methodology shall not

19  become effective until ratified by the Legislature. Subsequent

20  to legislative ratification, the wetland definition in s.

21  373.019(23)(17) and the adopted wetland methodology shall be

22  binding on the department, the water management districts,

23  local governments, and any other governmental entities. Upon

24  ratification of such wetland methodology, the Legislature

25  preempts the authority of any water management district, state

26  or regional agency, or local government to define wetlands or

27  develop a delineation methodology to implement the definition

28  and determines that the exclusive definition and delineation

29  methodology for wetlands shall be that established pursuant to

30  s. 373.019(23)(17) and this section. Upon such legislative

31  ratification, any existing wetlands definition or wetland

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1  delineation methodology shall be superseded by the wetland

  2  definition and delineation methodology established pursuant to

  3  this chapter. Subsequent to legislative ratification, a

  4  delineation of the extent of a surface water or wetland by the

  5  department or a water management district, pursuant to a

  6  formal determination under subsection (2), or pursuant to a

  7  permit issued under this part in which the delineation was

  8  field-verified by the permitting agency and specifically

  9  approved in the permit, shall be binding on all other

10  governmental entities for the duration of the formal

11  determination or permit. All existing rules and methodologies

12  of the department, the water management districts, and local

13  governments, regarding surface water or wetland definition and

14  delineation shall remain in full force and effect until the

15  common methodology rule becomes effective. However, this shall

16  not be construed to limit any power of the department, the

17  water management districts, and local governments to amend or

18  adopt a surface water or wetland definition or delineation

19  methodology until the common methodology rule becomes

20  effective.

21         Section 11.  This act shall take effect October 1,

22  1998.

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         SB 312 and 2298

  3

  4  This committee substitute combines SB 312 and SB 2298 and uses
    SB 2298 as the base bill.
  5
    Section 373.016, F.S., is amended to provide that it is the
  6  policy of the Legislature to encourage the use of water from
    sources nearest the area of use or application whenever
  7  practicable. Sources shall include all naturally occurring
    water sources, including, but not limited to, desalination,
  8  conservation, and aquifer storage and recovery. Reuse of
    potable reclaimed water and reuse of nonpotable reclaimed
  9  water and stormwater shall not be subject to the evaluation
    described in s. 373.223(3)(a)-(f), F.S. This directive to
10  encourage the use of water, whenever practicable, from sources
    nearest the area of use or application shall not apply to the
11  transport and direct or indirect use of water within the area
    encompassed by the Central and Southern Florida Flood Control
12  Project, nor shall it apply anywhere in the state to the
    transport and use of water supplied exclusively for bottled
13  water as defined in s. 500.03(1)(d), F.S.

14  The definition for "donor area" and all references to donor
    area have been deleted from the bill.
15
    Section 373.1962, F.S., is amended to provide that where a
16  water supply authority exists pursuant to s. 373.1962 or s.
    373.1963(1), F.S., and receives or maintains consumptive use
17  permits under this voluntary agreement consistent with the
    water supply plan, if any, adopted by the governing board,
18  then such authorities shall be exempt from consideration by
    the governing board or the Department of environmental
19  Protection of the factors specified in s. 373.223(3)(a)-(f),
    F.S., and the submissions required by s. 373.229(3), F.S. The
20  exemption shall only apply to water sources within the
    jurisdictional areas of voluntary water supply interlocal
21  agreements.

22  A new subsection (3) is added to s. 373.223, F.S., to provide
    that, except for the transport and use of water supplied by
23  the Central and Southern Florida Flood Control Projec t and
    self suppliers of water for which the proposed water source
24  and area of use or application are located on contiguous
    private properties, when evaluating whether a potential
25  transport and use of ground or surface water across county
    boundaries or outside the watershed from which it is taken is
26  consistent with the public interest, the governing board or
    the department shall consider:
27
    1.   The proximity of the proposed water source to the area of
28       use or application.

29  2.   All impoundments, streams, groundwater sources, or
         watercourses that are geographically closer to the area
30       of use or application than the proposed source, and that
         are technically and economically feasible for the
31       proposed transport and use.

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    Florida Senate - 1998                   CS for SB's 312 & 2298
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  1  3.   All economically and technically feasible alternatives to
         the proposed source, including, but not limited to,
  2       desalination, conservation, reuse of nonpotable reclaimed
         water and stormwater, and aquifer storage and recovery.
  3
    4.   The potential environmental impacts that may result from
  4       the transport and use of water from the proposed source,
         and the potential environmental impacts that may result
  5       from use of the other water sources identified in (2) and
         (3) above.
  6
    5.   Whether existing and reasonably anticipated sources of
  7       water and conservation efforts are adequate to supply
         water fro existing legal uses and reasonably anticipated
  8       future needs of the water supply planning region in which
         the proposed water source is located.
  9
    Where districtwide water supply assessments and regional water
10  supply plans have been prepared, the governing board or the
    department shall use the applicable plans and assessments as
11  the basis for its consideration of the applicable factors
    identified above.
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    Section 373.229, F.S., is amended to require additional
13  information in the consumptive use permit. The additional
    information pertains to the factors to be considered which are
14  identified above.

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