House Bill 4027
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4027
By Representative Littlefield
1 A bill to be entitled
2 An act relating to water resource development
3 and supply; creating s. 373.0422, F.S.;
4 providing for implementation of minimum flows
5 and levels in Hillsborough, Pasco, and Pinellas
6 Counties; requiring execution of a partnership
7 plan between the governing body of the
8 Southwest Florida Water Management District and
9 the West Coast Regional Water Supply Authority
10 and its member governments, by a specified
11 date; providing minimum plan requirements;
12 authorizing execution of the plan by the
13 Secretary of Environmental Protection, under
14 certain circumstances; requiring a report;
15 amending s. 373.1962, F.S.; specifying
16 additional considerations by the secretary in
17 approving agreements creating regional water
18 supply authorities; providing an effective
19 date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 373.0422, Florida Statutes, is
24 created to read:
25 373.0422 Implementation of minimum flows and levels in
26 Hillsborough, Pasco, and Pinellas Counties.--
27 (1) It is the intent of the Legislature that in order
28 to ensure the timely and effective implementation of the
29 minimum flows and levels, including the recovery or prevention
30 strategy, established by the governing board of the Southwest
31 Florida Water Management District pursuant to ss. 373.042 and
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4027
517-148-98
1 373.0421 in Hillsborough, Pasco, and Pinellas Counties; to
2 prevent further environmental damage resulting from wellfield
3 withdrawals of the West Coast Regional Water Supply Authority
4 wellfields; and to protect and restore those public and
5 private lands that have experienced environmental damage from
6 those withdrawals, the Southwest Florida Water Management
7 District shall, no later than July 1, 1998, enter into and
8 execute a partnership plan with the West Coast Regional Water
9 Supply Authority and its member governments. The plan shall
10 set forth the actions necessary of all parties to implement
11 the established minimum flows and levels and the recovery or
12 prevention strategy.
13 (2) The execution of this plan shall be independent of
14 any requirement set forth in this chapter applicable to the
15 governance of the West Coast Regional Water Supply Authority.
16 The plan shall include, at a minimum, the following
17 requirements:
18 (a) The governing board shall have the sole authority
19 to select the actions necessary to implement the minimum flows
20 and levels.
21 (b) The governing board shall retain control of all
22 its funds allocated for the implementation of the minimum
23 flows and levels and any prevention or recovery strategy
24 necessary for implementation.
25 (c) The governing board shall specify that any
26 expenditure of funds shall first be allocated to the
27 development and construction of alternative sources of water
28 to reduce the usage of surface and ground water in these
29 counties.
30 (d) The governing board shall determine the amount of
31 acreage of surface waters and wetlands that have been
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4027
517-148-98
1 adversely impacted by the wellfield withdrawals and a
2 projected monetary amount necessary to mitigate such impacts.
3 (e) As mitigation for adverse impacts caused by
4 wellfield withdrawals, the governing board shall require
5 payment no later than July 1, 2003, by the West Coast Regional
6 Water Supply Authority of the projected amount determined
7 under paragraph (d) or, in the alternative, the construction
8 of alternative sources of water such as desalinization, to
9 reduce by not less than one-third the actual amount of
10 withdrawals from the wellfields as determined by the district
11 on the effective date of this section, to be completed no
12 later than July 1, 2003.
13 (3) In the event that a plan has not been executed by
14 July 1, 1998, the Secretary of Environmental Protection is
15 authorized and directed to act on behalf of the governing
16 board of the district to execute the plan.
17 (4) The governing board or secretary shall report to
18 the Office of the Governor, the President of the Senate, and
19 the Speaker of the House of Representatives no later than
20 January 5, 1999, the progress achieved pursuant to this plan,
21 including the identification of any impediments to
22 accomplishing the objectives described in subsection (1).
23 Section 2. Paragraphs (g), (h), (i), and (j) are added
24 to subsection (1) of section 373.1962, Florida Statutes, to
25 read:
26 373.1962 Regional water supply authorities.--
27 (1) By agreement between local governmental units
28 created or existing pursuant to the provisions of Art. VIII of
29 the State Constitution, pursuant to the Florida Interlocal
30 Cooperation Act of 1969, s. 163.01, and upon the approval of
31 the Secretary of Environmental Protection to ensure that such
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4027
517-148-98
1 agreement will be in the public interest and complies with the
2 intent and purposes of this act, regional water supply
3 authorities may be created for the purpose of developing,
4 recovering, storing, and supplying water for county or
5 municipal purposes in such a manner as will give priority to
6 reducing adverse environmental effects of excessive or
7 improper withdrawals of water from concentrated areas. In
8 approving said agreement the Secretary of Environmental
9 Protection shall consider, but not be limited to, the
10 following:
11 (g) The commitment of the authority to implement
12 alternative sources of water, including the specific inclusion
13 of technical and financial resources of the authority to
14 implement that commitment.
15 (h) The reduction of surface and ground water usage in
16 those areas identified by the appropriate water management
17 district to be experiencing, or reasonably expected to
18 experience, adverse effects from continued reliance on such
19 sources.
20 (i) The proposed organizational structure of the
21 authority, including membership, voting, financial
22 responsibility, and the ability to effectively deliver water
23 from sources which will not cause adverse environmental
24 impacts.
25 (j) The inclusion of alternative dispute mechanisms
26 designed to resolve issues among the authority members, as
27 well as prohibit the use of litigation against other
28 governmental entities.
29 Section 3. This act shall take effect upon becoming a
30 law.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4027
517-148-98
1 *****************************************
2 HOUSE SUMMARY
3
Provides for implementation of minimum flows and levels
4 in Hillsborough, Pasco, and Pinellas Counties. Requires
execution of a partnership plan between the governing
5 body of the Southwest Florida Water Management District
and the West Coast Regional Water Supply Authority and
6 its member governments, by July 1, 1998. Specifies
minimum plan requirements, including authority of the
7 governing board to select the actions and control the
allocations and expenditures necessary to implement the
8 minimum flows and levels, and to determine monetary
amounts for certain mitigation. Authorizes and directs
9 the Secretary of Environmental Protection to act on
behalf of the governing board to execute the plan if it
10 has not been executed by said date. Requires a report to
the Governor and Legislature by January 5, 1999.
11 Specifies additional considerations by the secretary in
approving agreements creating water supply authorities.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5