Senate Bill sb1790

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1790

    By Senator Laurent





    17-1192-01                                              See HB

  1                      A bill to be entitled

  2         An act relating to Florida water supply policy;

  3         establishing the "Water Supply 2020" study

  4         commission; providing for membership and

  5         responsibilities; requiring submission of

  6         reports with recommendations to the Governor

  7         and Legislature; providing for technical

  8         advisory committees; providing for

  9         reimbursement of expenses of commission and

10         committee members; providing for an executive

11         director and staff for the commission;

12         providing for the assistance and cooperation of

13         state agencies; providing for termination of

14         the commission; providing an appropriation;

15         providing effective dates.

16

17         WHEREAS, it is the intent of the Legislature to ensure

18  for all Floridians an adequate, reliable, and affordable

19  supply of water, and

20         WHEREAS, past water management policies have failed to

21  result in a system of facilities and transmission adequate to

22  supply the water needed by Florida's residents, and

23         WHEREAS, Florida's population is expected to double

24  over the next three decades, with commensurate increases in

25  demand for water, and

26         WHEREAS, four of the five state water management

27  districts have determined that their water supplies are

28  inadequate to meet demands projected through 2020, and

29         WHEREAS, it is the intent of the Legislature to promote

30  measures for and the development of adequate and alternative

31  supplies of water, and

                                  1

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






    Florida Senate - 2001                                  SB 1790
    17-1192-01                                              See HB




  1         WHEREAS, the location, construction, and operation of

  2  water supply facilities and water transmission facilities may

  3  have a significant impact on the welfare of the state's

  4  residents, on the natural resources of the state, and on the

  5  location and growth of industry, NOW, THEREFORE,

  6

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

  8

  9         Section 1.  (1)  The "Water Supply 2020" study

10  commission is created. The commission shall be composed of 23

11  members, 19 appointed by the Governor, 2 appointed by the

12  President of the Senate, and 2 appointed by the Speaker of the

13  House of Representatives. In addition, the Governor may

14  appoint ex officio, nonvoting commission members.

15         (a)  The Governor shall appoint the following members

16  to serve on the commission:

17         1.  The Commissioner of Agriculture.

18         2.  The Secretary of Environmental Protection.

19         3.  Two representatives from governmentally owned water

20  supply utilities, one from a utility serving 200,000 or more

21  customers and one from a utility serving less than 200,000

22  customers.

23         4.  A representative from an environmental advocacy

24  organization.

25         5.  An individual who is a residential water consumer

26  obtaining water from a water supply utility.

27         6.  A representative from a regional water supply

28  authority.

29         7.  A representative from a privately owned water

30  supply utility.

31

                                  2

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






    Florida Senate - 2001                                  SB 1790
    17-1192-01                                              See HB




  1         8.  A representative from an industrial or commercial

  2  entity self-supplier obtaining its water from ground or

  3  surface water sources.

  4         9.  A representative from an agricultural entity

  5  self-supplier obtaining its water from ground or surface water

  6  sources.

  7         10.  At least one individual from the private sector

  8  who has advanced training, knowledge, and experience in water

  9  supply and water resource development.

10         11.  An individual with expertise in funding the

11  construction and implementation of water supply facilities.

12         12.  A representative from the real estate development

13  industry.

14         13.  A county commissioner.

15         14.  A commissioner or council member of a Florida

16  municipality.

17         (b)  The President of the Senate shall appoint two

18  members of the Senate to serve on the commission.  The Speaker

19  of the House of Representatives shall appoint two members of

20  the House to serve on the commission.

21         (c)  The appointments must be made by July 1, 2001, and

22  the first meeting of the commission shall be held by August 1,

23  2001. The chair of the commission shall be appointed by the

24  Governor, or failing such appointment, shall be elected by the

25  majority of the membership at its first meeting.

26         (d)  Any vacancy occurring in the membership or chair

27  of the commission shall be filled in the same manner as the

28  original appointment.

29         (2)  Each member, excluding ex officio members, of the

30  commission is entitled to one vote. Recommendations and

31

                                  3

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






    Florida Senate - 2001                                  SB 1790
    17-1192-01                                              See HB




  1  actions of the commission shall require a majority vote of the

  2  membership of the commission.

  3         (3)  The commission shall determine what Florida's

  4  water supply needs will be in 20 years and how best to ensure

  5  those needs are developed, with adequate facilities, in an

  6  efficient, affordable, and reliable manner that will result in

  7  adequate water supply and responsible protection of the

  8  environment. Based on its findings, the commission shall

  9  recommend appropriate water policies for this state, including

10  statutory changes, if necessary. In making its determinations,

11  the commission shall consider all relevant topics, including,

12  but not limited to:

13         (a)  Forecasts through the year 2020 of the state's

14  population growth, water supply needs, and current supply.

15         (b)  Existing, emerging, and projected water supply

16  technologies, including, but not limited to, desalinization,

17  aquifer storage, public-private partnerships including

18  potential incentive programs for providing water, conservation

19  technologies, surface water collection and reservoirs,

20  groundwater withdrawals, and potential development of regional

21  or statewide water transmission grids; the potential

22  contribution of these technologies, and others, to reliable

23  water supplies; and the impact of these technologies on the

24  state, its environment, and existing policies.

25         (c)  Siting of new water supply facilities and

26  transmission systems and the need to create a statutory siting

27  act.

28         (d)  The state's existing statewide, regional, and

29  districtwide laws, rules, and regulations governing the

30  collection, treatment, transmission, and delivery of water.

31

                                  4

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






    Florida Senate - 2001                                  SB 1790
    17-1192-01                                              See HB




  1         (e)  Analysis of the impacts of state and local

  2  government laws, rules, and regulations on water supply.

  3         (f)  Activities of other states concerning the

  4  collection, treatment, transmission, and distribution of

  5  water.

  6         (g)  Environmental impact of existing and new

  7  technologies for water supply and transmission in the state.

  8         (4)  The commission shall review the efforts of the

  9  water management districts to determine whether the water

10  management districts are efficiently implementing the

11  requirements of sections 373.0361 and 373.0831, Florida

12  Statutes. For those water management districts that are

13  preparing regional water supply plans, the commission shall:

14         (a)  Review the water resource development projects and

15  water supply developments proposed by each district.

16         (b)  Review the estimated amount of water to become

17  available through each water resource development project and

18  water supply development project.

19         (c)  Review the timetable and estimated cost of

20  construction, operation, and maintenance of each water

21  resource development project and water supply development

22  project.

23         (d)  Review the sources and amount of funds budgeted or

24  expended for each water resource development project or water

25  supply development project.

26         (e)  Determine the water resources development projects

27  and water supply development projects that have been

28  implemented, the amount of money expended to date on each

29  project, the amount of new water that is now available as a

30  result of each project, and whether the amount of water

31  available is sufficient to meet the projected demand.

                                  5

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






    Florida Senate - 2001                                  SB 1790
    17-1192-01                                              See HB




  1         (f)  Determine whether the water management districts

  2  have developed and are properly implementing the regional

  3  water supply plans consistent with the requirements of

  4  sections 373.0361 and 373.0831, Florida Statutes.

  5         (g)  Make such appropriate recommendations to the

  6  Legislature as it deems appropriate to ensure that the

  7  required regional water supply plans are properly prepared and

  8  implemented consistent with the statutory requirements of

  9  sections 373.0361 and 373.0831, Florida Statutes.

10         (h)  Determine if additional moneys are needed for the

11  construction, operation, and maintenance of water resources

12  development projects and water supply development projects. If

13  additional moneys are needed, the commission shall recommend

14  specific sources for such funding and the amount of funding

15  required.

16         (i)  Determine if additional incentives or changes in

17  statutory authority are required to ensure that sufficient

18  water is available for all existing and future

19  reasonable-beneficial uses and the natural systems.  If

20  additional incentives or changes are needed, the commission

21  shall recommend the incentives that are needed, options for

22  providing the incentives, and the needed statutory changes.

23         (5)  The commission shall, by February 1, 2002, provide

24  to the Governor, the President of the Senate, and the Speaker

25  of the House of Representatives a written report containing

26  specific recommendations for water supply policies and siting

27  of facilities for this state, including legislative

28  recommendations. By January 15, 2003, the commission shall

29  provide a final written report to the Governor, the President

30  of the Senate, and the Speaker of the House of

31  Representatives.

                                  6

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






    Florida Senate - 2001                                  SB 1790
    17-1192-01                                              See HB




  1         (6)  The commission may establish and appoint any

  2  necessary technical advisory committees. Commission members

  3  and the members of any technical advisory committee may not

  4  receive remuneration for their services, but members other

  5  than public officers and employees shall be entitled to be

  6  reimbursed by the Florida Public Service Commission for travel

  7  or per diem expenses in accordance with chapter 112, Florida

  8  Statutes. Public officers and employees shall be reimbursed by

  9  their respective agencies in accordance with chapter 112,

10  Florida Statutes.

11         (7)  An executive director of the commission shall be

12  selected by the Governor. The executive director serves at the

13  pleasure of the Governor and reports to the commission. The

14  Florida Public Service Commission, the Department of

15  Environmental Protection, and the Department of Community

16  Affairs shall provide other staff and consultants, after

17  consultation with the commission. Funding for expenses related

18  to the executive director, staff, and consultants shall be

19  provided through the Florida Public Service Commission.

20         (8)  All agencies under the control of the Governor are

21  directed, and all other agencies are requested, to render

22  assistance and cooperation to the commission.

23         (9)  The commission shall continue in existence until

24  its objectives are achieved, but not later than March 1, 2003.

25         Section 2.  Effective July 1, 2001, there is

26  appropriated from the Public Service Regulatory Trust Fund to

27  the Florida Public Service Commission the sum of $250,000 to

28  implement the provisions of this act.

29         Section 3.  This act shall take effect upon becoming a

30  law.

31

                                  7

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






    Florida Senate - 2001                                  SB 1790
    17-1192-01                                              See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Creates the "Water Supply 2020" study commission to
  4    forecast Florida's water supply needs and determine how
      best to meet them. Provides for appointment of commission
  5    members. Provides responsibilities. Provides for
      appointment of technical advisory committees and an
  6    executive director. Provides for the assistance and
      cooperation of state agencies. Provides for reports with
  7    recommendations to the Governor and Legislature, and for
      termination of the commission by March 1, 2003. Provides
  8    an appropriation.

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  8

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