Senate Bill sb1512c1
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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.
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21 Be It Enacted by the Legislature of the State of Florida:
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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,
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Florida Senate - 2001 CS for SB 1512
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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
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Florida Senate - 2001 CS for SB 1512
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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
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Florida Senate - 2001 CS for SB 1512
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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.
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Florida Senate - 2001 CS for SB 1512
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1 Section 5. This act shall take effect upon becoming a
2 law.
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4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 Senate Bill 1512
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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.
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