Senate Bill sb1512c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                           CS for SB 1512

    By the Committee on Natural Resources and Senator Bronson





    312-1929-01

  1                      A bill to be entitled

  2         An act relating to water supply policy;

  3         creating s. 373.621, F.S.; recognizing the

  4         significance of water conservation; requiring

  5         consideration of the implementation of water

  6         conservation practices in water-use permitting;

  7         creating s. 570.081, F.S.; providing for the

  8         Department of Agriculture and Consumer Services

  9         to establish an agricultural water conservation

10         program; specifying the elements of the

11         program; requiring certain water management

12         districts to develop and finance public-private

13         alternative water supply-projects; amending s.

14         373.1961, F.S.; requiring the Public Service

15         Commission to allow certain alternative

16         water-supply facilities to recover the costs

17         incurred for alternative water supplies through

18         their rate structures; providing an effective

19         date.

20

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

22

23         Section 1.  Section 373.621, Florida Statutes, is

24  created to read:

25         373.621  Water conservation.--The Legislature

26  recognizes the significant value of water conservation in the

27  protection and efficient use of water resources. Accordingly,

28  additional consideration in the administration of ss. 373.223,

29  373.233, and 373.236 shall be given to applicants who

30  implement water conservation practices pursuant to s. 570.081,

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1512
    312-1929-01




  1  or other applicable water conservation measures as determined

  2  by the department or a water management district.

  3         Section 2.  Section 570.081, Florida Statutes, is

  4  created to read:

  5         570.081  Department of Agriculture and Consumer

  6  Services; agricultural water conservation.--The department

  7  shall establish an agricultural water conservation program

  8  that includes the following:

  9         (1)  A cost share program, coordinated where

10  appropriate with the United States Department of Agriculture

11  and other federal, state, regional, and local agencies, for

12  irrigation system retrofit and application of mobile

13  irrigation laboratory evaluations for water conservation as

14  provided in this section and where applicable for

15  water-quality improvement pursuant to s. 403.067(7)(d).

16         (2)  The development and implementation of voluntary

17  interim measures or best-management practices, adopted by

18  rule, which provide for increased efficiencies in the

19  utilization and management of water for agricultural

20  production. In the process of developing and adopting rules

21  for interim measures or best-management practices, the

22  department shall consult with the Department of Environmental

23  Protection and the water management districts. Such rules may

24  also include a system to ensure the implementation of the

25  practices, including recordkeeping requirements. As new

26  information regarding efficient agricultural water use and

27  management becomes available, the department shall reevaluate,

28  and revise as needed, the interim measures or best-management

29  practices. The interim measures or best-management practices

30  may include irrigation retrofit, implementation of mobile

31  irrigation laboratory evaluations and recommendations, water

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1512
    312-1929-01




  1  resource augmentation, and integrated water management systems

  2  for drought management and flood control, and should, to the

  3  maximum extent practicable, be designed to qualify for

  4  regulatory incentives and other incentives as determined by

  5  the applicable agency having statutory authority.

  6         (3)  Provision of assistance to the water management

  7  districts in the development and implementation, in so far as

  8  is practicable, of a consistent methodology for the efficient

  9  allocation of water for agricultural irrigation.

10         Section 3.  The South Florida, St. Johns River, and

11  Southwest Florida Water Management Districts shall each

12  develop and participate in financing at least one

13  public-private alternative water-supply project that expands

14  the current availability of alternative water supplies.

15  Funding for the selected project shall commence in fiscal year

16  2001-2002. The selected project shall meet the criteria in

17  section 373.0831(4)(a), Florida Statutes. Projects that bring

18  about replacement of existing sources in order to help

19  implement a minimum flow or level shall be given first

20  consideration for funding.

21         Section 4.  Paragraph (k) is added to subsection (2) of

22  section 373.1961, Florida Statutes, to read:

23         373.1961  Water production.--

24         (2)  The Legislature finds that, due to a combination

25  of factors, vastly increased demands have been placed on

26  natural supplies of fresh water, and that, absent increased

27  development of alternative water supplies, such demands may

28  increase in the future.  The Legislature also finds that

29  potential exists in the state for the production of

30  significant quantities of alternative water supplies,

31  including reclaimed water, and that water production includes

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1512
    312-1929-01




  1  the development of alternative water supplies, including

  2  reclaimed water, for appropriate uses.  It is the intent of

  3  the Legislature that utilities develop reclaimed water

  4  systems, where reclaimed water is the most appropriate

  5  alternative water supply option, to deliver reclaimed water to

  6  as many users as possible through the most cost-effective

  7  means, and to construct reclaimed water system infrastructure

  8  to their owned or operated properties and facilities where

  9  they have reclamation capability. It is also the intent of the

10  Legislature that the water management districts which levy ad

11  valorem taxes for water management purposes should share a

12  percentage of those tax revenues with water providers and

13  users, including local governments, water, wastewater, and

14  reuse utilities, municipal, industrial, and agricultural water

15  users, and other public and private water users, to be used to

16  supplement other funding sources in the development of

17  alternative water supplies. The Legislature finds that public

18  moneys or services provided to private entities for such uses

19  constitute public purposes which are in the public interest.

20  In order to further the development and use of alternative

21  water supply systems, including reclaimed water systems, the

22  Legislature provides the following:

23         (k)  Pursuant to chapter 367, the Florida Public

24  Service Commission shall allow entities under its jurisdiction

25  which construct alternative water-supply facilities, including

26  but not limited to aquifer storage and recovery wells, to

27  recover the full, prudently incurred cost of such facilities

28  through their rate structures. Every component of an

29  alternative water-supply facility constructed by an

30  investor-owned utility shall be recovered in current rates.

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1512
    312-1929-01




  1         Section 5.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                         Senate Bill 1512

  6

  7  The committee substitute rewrites the bill to provide that
    additional consideration be given to certain consumptive use
  8  permit applicants who implement certain water conservation
    practices. Requires the Department of Agriculture and Consumer
  9  Services to develop a cost share program for irrigation system
    retrofit and application of mobile irrigation laboratory
10  evaluations for water conservation. Requires the Department of
    Agriculture and Consumer Services to develop and implement
11  voluntary interim measures or best management practices for
    increased efficiencies in the utilization and management of
12  water for agricultural production. Requires the South Florida
    Water Management District, the St. Johns River Water
13  Management District, and the Southwest Florida Water
    Management District to develop and participate in financing at
14  least one public-private alternative water supply project in
    fiscal year 2001-2002. Allows certain water utilities to
15  recover certain alternative water supply costs through their
    rate structures.
16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.