Senate Bill sb1182
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Florida Senate - 2002 SB 1182
By Senators Brown-Waite and Constantine
10-356C-02
1 A bill to be entitled
2 An act relating to water-supply policy;
3 amending s. 163.3177, F.S.; requiring local
4 governments to consider the water management
5 district's regional water supply plans in the
6 potable-water element; amending s. 163.3191,
7 F.S., relating to evaluation and appraisal of
8 comprehensive plans; requiring an evaluation of
9 the availability of potable water and whether
10 future water-supply-development needs are
11 addressed in the capital-improvements element;
12 amending s. 403.064, F.S.; requiring the reuse
13 of reclaimed water when feasible; requiring the
14 dissemination of public information regarding
15 the status of major water sources; amending s.
16 403.1835, F.S.; providing for below-market
17 interest rate loans to qualified entities;
18 repealing s. 373.498, F.S., relating to
19 disbursements from the water resources
20 development account; amending s. 367.022, F.S.;
21 providing an exemption from regulation by the
22 Florida Public Service Commission for certain
23 water suppliers who provide nonpotable water
24 for fireflow; repealing s. 403.804(3), F.S.,
25 relating to obsolete provisions concerning
26 grants for water and wastewater facilities;
27 providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (4) and paragraphs (c), (d), and
2 (h) of subsection (6) of section 163.3177, Florida Statutes,
3 are amended to read:
4 163.3177 Required and optional elements of
5 comprehensive plan; studies and surveys.--
6 (4)(a) Coordination of the local comprehensive plan
7 with the comprehensive plans of adjacent municipalities, the
8 county, adjacent counties, or the region; with the appropriate
9 water management district's regional water supply plans
10 approved pursuant to s. 373.0361; with adopted rules
11 pertaining to designated areas of critical state concern; and
12 with the state comprehensive plan shall be a major objective
13 of the local comprehensive planning process. To that end, in
14 the preparation of a comprehensive plan or element thereof,
15 and in the comprehensive plan or element as adopted, the
16 governing body shall include a specific policy statement
17 indicating the relationship of the proposed development of the
18 area to the comprehensive plans of adjacent municipalities,
19 the county, adjacent counties, or the region and to the state
20 comprehensive plan, as the case may require and as such
21 adopted plans or plans in preparation may exist.
22 (b) When all or a portion of the land in a local
23 government jurisdiction is or becomes part of a designated
24 area of critical state concern, the local government shall
25 clearly identify those portions of the local comprehensive
26 plan that shall be applicable to the critical area and shall
27 indicate the relationship of the proposed development of the
28 area to the rules for the area of critical state concern.
29 (6) In addition to the requirements of subsections
30 (1)-(5), the comprehensive plan shall include the following
31 elements:
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1 (c) A general sanitary sewer, solid waste, drainage,
2 potable water, and natural groundwater aquifer recharge
3 element correlated to principles and guidelines for future
4 land use, indicating ways to provide for future potable water,
5 drainage, sanitary sewer, solid waste, and aquifer recharge
6 protection requirements for the area. The element may be a
7 detailed engineering plan including a topographic map
8 depicting areas of prime groundwater recharge. The element
9 shall describe the problems and needs and the general
10 facilities that will be required for solution of the problems
11 and needs. The element shall also include a topographic map
12 depicting any areas adopted by a regional water management
13 district as prime groundwater recharge areas for the Floridan
14 or Biscayne aquifers, pursuant to s. 373.0395. These areas
15 shall be given special consideration when the local government
16 is engaged in zoning or considering future land use for said
17 designated areas. For areas served by septic tanks, soil
18 surveys shall be provided which indicate the suitability of
19 soils for septic tanks. By January 1, 2005, or the Evaluation
20 and Appraisal Report adoption deadline established for the
21 local government pursuant to s. 163.3191(a), whichever date
22 occurs first, the element must consider the appropriate water
23 management district's regional water supply plan approved
24 pursuant to s. 373.0361. The element must include a work plan,
25 covering at least a 10-year planning period, for building any
26 water supply facilities that are identified in the element as
27 necessary to serve existing and new development and for which
28 the local government is responsible.
29 (d) A conservation element for the conservation, use,
30 and protection of natural resources in the area, including
31 air, water, water recharge areas, wetlands, waterwells,
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1 estuarine marshes, soils, beaches, shores, flood plains,
2 rivers, bays, lakes, harbors, forests, fisheries and wildlife,
3 marine habitat, minerals, and other natural and environmental
4 resources. Local governments shall assess their current, as
5 well as projected, water needs and sources for at least a
6 10-year period, considering the appropriate regional water
7 supply plan approved pursuant to s. 373.0361 or the district
8 water management plan adopted pursuant to s. 373.036(2), in
9 the absence of an approved regional water supply plan. This
10 information shall be submitted to the appropriate agencies.
11 The land use map or map series contained in the future land
12 use element shall generally identify and depict the following:
13 1. Existing and planned waterwells and cones of
14 influence where applicable.
15 2. Beaches and shores, including estuarine systems.
16 3. Rivers, bays, lakes, flood plains, and harbors.
17 4. Wetlands.
18 5. Minerals and soils.
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20 The land uses identified on such maps shall be consistent with
21 applicable state law and rules.
22 (h)1. An intergovernmental coordination element
23 showing relationships and stating principles and guidelines to
24 be used in the accomplishment of coordination of the adopted
25 comprehensive plan with the plans of school boards and other
26 units of local government providing services but not having
27 regulatory authority over the use of land, with the
28 comprehensive plans of adjacent municipalities, the county,
29 adjacent counties, or the region, and with the state
30 comprehensive plan, and with the applicable regional water
31 supply plan approved pursuant to s. 373.0361, as the case may
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1 require and as such adopted plans or plans in preparation may
2 exist. This element of the local comprehensive plan shall
3 demonstrate consideration of the particular effects of the
4 local plan, when adopted, upon the development of adjacent
5 municipalities, the county, adjacent counties, or the region,
6 or upon the state comprehensive plan, as the case may require.
7 a. The intergovernmental coordination element shall
8 provide for procedures to identify and implement joint
9 planning areas, especially for the purpose of annexation,
10 municipal incorporation, and joint infrastructure service
11 areas.
12 b. The intergovernmental coordination element shall
13 provide for recognition of campus master plans prepared
14 pursuant to s. 240.155.
15 c. The intergovernmental coordination element may
16 provide for a voluntary dispute resolution process as
17 established pursuant to s. 186.509 for bringing to closure in
18 a timely manner intergovernmental disputes. A local
19 government may develop and use an alternative local dispute
20 resolution process for this purpose.
21 2. The intergovernmental coordination element shall
22 further state principles and guidelines to be used in the
23 accomplishment of coordination of the adopted comprehensive
24 plan with the plans of school boards and other units of local
25 government providing facilities and services but not having
26 regulatory authority over the use of land. In addition, the
27 intergovernmental coordination element shall describe joint
28 processes for collaborative planning and decisionmaking on
29 population projections and public school siting, the location
30 and extension of public facilities subject to concurrency, and
31 siting facilities with countywide significance, including
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1 locally unwanted land uses whose nature and identity are
2 established in an agreement. Within 1 year of adopting their
3 intergovernmental coordination elements, each county, all the
4 municipalities within that county, the district school board,
5 and any unit of local government service providers in that
6 county shall establish by interlocal or other formal agreement
7 executed by all affected entities, the joint processes
8 described in this subparagraph consistent with their adopted
9 intergovernmental coordination elements.
10 3. To foster coordination between special districts
11 and local general-purpose governments as local general-purpose
12 governments implement local comprehensive plans, each
13 independent special district must submit a public facilities
14 report to the appropriate local government as required by s.
15 189.415.
16 4. The state land planning agency shall establish a
17 schedule for phased completion and transmittal of plan
18 amendments to implement subparagraphs 1., 2., and 3. from all
19 jurisdictions so as to accomplish their adoption by December
20 31, 1999. A local government may complete and transmit its
21 plan amendments to carry out these provisions prior to the
22 scheduled date established by the state land planning agency.
23 The plan amendments are exempt from the provisions of s.
24 163.3187(1).
25 Section 2. Paragraph (l) is added to subsection (2) of
26 section 163.3191, Florida Statutes, to read:
27 163.3191 Evaluation and appraisal of comprehensive
28 plan.--
29 (2) The report shall present an evaluation and
30 assessment of the comprehensive plan and shall contain
31 appropriate statements to update the comprehensive plan,
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1 including, but not limited to, words, maps, illustrations, or
2 other media, related to:
3 (l) The appropriate water management district's
4 regional water supply plan approved pursuant to s. 373.0361.
5 The potable water element must be revised to include a work
6 plan, covering at least a 10-year planning period for building
7 any water supply facilities that are identified in the element
8 as necessary to serve existing and new development and for
9 which the local government is responsible.
10 Section 3. Section 403.064, Florida Statutes, is
11 amended to read:
12 403.064 Reuse of reclaimed water.--
13 (1) The encouragement and promotion of water
14 conservation, and reuse of reclaimed water, as defined by the
15 department, are state objectives and are considered to be in
16 the public interest. The Legislature finds that the reuse of
17 reclaimed water is a critical component of meeting the state's
18 existing and future water supply needs while sustaining
19 natural systems. The Legislature further finds that for those
20 wastewater treatment plants permitted and operated under an
21 approved reuse program by the department, the reclaimed water
22 shall be considered environmentally acceptable and not a
23 threat to public health and safety.
24 (2) All applicants for permits to construct or operate
25 a domestic wastewater treatment facility located within,
26 serving a population located within, or discharging within a
27 water resource caution area shall prepare a reuse feasibility
28 study as part of their application for the permit. Reuse
29 feasibility studies shall be prepared in accordance with
30 department guidelines adopted by rule and shall include, but
31 are not limited to:
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1 (a) Evaluation of monetary costs and benefits for
2 several levels and types of reuse.
3 (b) Evaluation of water savings if reuse is
4 implemented.
5 (c) Evaluation of rates and fees necessary to
6 implement reuse.
7 (d) Evaluation of environmental and water resource
8 benefits associated with reuse.
9 (e) Evaluation of economic, environmental, and
10 technical constraints.
11 (f) A schedule for implementation of reuse. The
12 schedule shall consider phased implementation.
13 (3) The permit applicant shall prepare a plan of study
14 for the reuse feasibility study consistent with the reuse
15 feasibility study guidelines adopted by department rule. The
16 plan of study shall include detailed descriptions of
17 applicable treatment and water supply alternatives to be
18 evaluated and the methods of analysis to be used. The plan of
19 study shall be submitted to the department for review and
20 approval.
21 (4)(3) The study required under subsection (2) shall
22 be performed by the applicant, and the applicant shall
23 determine the feasibility of reuse based upon the results of
24 the study, applicant's determination of feasibility is final
25 if the study complies with the requirements of subsections
26 subsection (2) and (3).
27 (5)(4) A reuse feasibility study is not required if:
28 (a) The domestic wastewater treatment facility has an
29 existing or proposed permitted or design capacity less than
30 0.1 million gallons per day; or
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1 (b) The permitted reuse capacity equals or exceeds the
2 total permitted capacity of the domestic wastewater treatment
3 facility.
4 (6)(5) A reuse feasibility study prepared under
5 subsection (2) satisfies a water management district
6 requirement to conduct a reuse feasibility study imposed on a
7 local government or utility that has responsibility for
8 wastewater management.
9 (7)(6) Local governments may allow the use of
10 reclaimed water for inside activities, including, but not
11 limited to, toilet flushing, fire protection, and decorative
12 water features, as well as for outdoor uses, provided the
13 reclaimed water is from domestic wastewater treatment
14 facilities which are permitted, constructed, and operated in
15 accordance with department rules.
16 (8)(7) Permits issued by the department for domestic
17 wastewater treatment facilities shall be consistent with
18 requirements for reuse included in applicable consumptive use
19 permits issued by the water management district, if such
20 requirements are consistent with department rules governing
21 reuse of reclaimed water. This subsection applies only to
22 domestic wastewater treatment facilities which are located
23 within, or serve a population located within, or discharge
24 within water resource caution areas and are owned, operated,
25 or controlled by a local government or utility which has
26 responsibility for water supply and wastewater management.
27 (9)(8) Local governments may and are encouraged to
28 implement programs for the reuse of reclaimed water. Nothing
29 in this chapter shall be construed to prohibit or preempt such
30 local reuse programs.
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1 (10)(9) A local government that implements a reuse
2 program under this section shall be allowed to allocate the
3 costs in a reasonable manner.
4 (11)(10) Pursuant to chapter 367, the Florida Public
5 Service Commission shall allow entities under its jurisdiction
6 which conduct studies or implement reuse projects, including,
7 but not limited to, any study required by subsection (2) or
8 facilities used for reliability purposes for a reclaimed water
9 reuse system, to recover the full, prudently incurred cost of
10 such studies and facilities through their rate structure.
11 (12)(11) In issuing consumptive use permits, the
12 permitting agency shall consider the local reuse program.
13 (13)(12) A local government shall require a developer,
14 as a condition for obtaining a development order, to comply
15 with the local reuse program.
16 (14)(13) If, After conducting a feasibility study
17 under subsection (2), an applicant determines that reuse of
18 reclaimed water is feasible, domestic wastewater treatment
19 facilities that dispose of effluent by Class I deep well
20 injection, as defined in 40 C.F.R. part 144.6(a), must
21 implement reuse according to the schedule for implementation
22 contained in the study conducted under subsection (2), to the
23 degree that reuse is determined feasible, based upon the
24 applicant's reuse feasibility study. Applicable permits issued
25 by the department shall be consistent with the requirements of
26 this subsection.
27 (a) This subsection does not limit the use of a Class
28 I deep well injection facility as backup for a reclaimed water
29 reuse system.
30 (b) This subsection applies only to domestic
31 wastewater treatment facilities located within, serving a
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1 population located within, or discharging within a water
2 resource caution area.
3 (15)(14) If, After conducting a feasibility study
4 under subsection (2), an applicant determines that reuse of
5 reclaimed water is feasible, domestic wastewater treatment
6 facilities that dispose of effluent by surface water
7 discharges or by land application methods must implement reuse
8 according to the schedule for implementation contained in the
9 study conducted under subsection (2), to the degree that reuse
10 is determined feasible, based upon the applicant's reuse
11 feasibility study. This subsection does not apply to surface
12 water discharges or land application systems which are
13 currently categorized as reuse under department rules.
14 Applicable permits issued by the department shall be
15 consistent with the requirements of this subsection.
16 (a) This subsection does not limit the use of a
17 surface water discharge or land application facility as backup
18 for a reclaimed water reuse system.
19 (b) This subsection applies only to domestic
20 wastewater treatment facilities located within, serving a
21 population located within, or discharging within a water
22 resource caution area.
23 Section 4. As a result of ongoing drought conditions
24 throughout the state and in order to aid in the development of
25 a better understanding of this state's unique surface and
26 ground water sources, it is the intent of the Legislature that
27 the water management districts undertake a coordinated effort
28 to develop an illustrative public service program that depicts
29 the current status of major surface and ground water sources.
30 This program must be designed to provide information
31 concerning existing hydrologic conditions and appropriate
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1 conservation measures. It is the intent of the Legislature
2 that the districts develop partnerships with the local media
3 to assist in the dissemination of this information. Further,
4 it is the intent of the Legislature that this program be
5 developed and made available no later than December 31, 2002.
6 Beginning January 1, 2003, and on a regular basis, no less
7 than every 6 months thereafter, the information developed
8 pursuant to this section must be submitted to the appropriate
9 legislative committees with substantive jurisdiction over the
10 water management districts.
11 Section 5. Paragraph (b) of subsection (3) of section
12 403.1835, Florida Statutes, is amended to read:
13 403.1835 Water pollution control financial
14 assistance.--
15 (3) The department may provide financial assistance
16 through any program authorized under s. 603 of the Federal
17 Water Pollution Control Act (Clean Water Act), Pub. L. No.
18 92-500, as amended, including, but not limited to, making
19 grants and loans, providing loan guarantees, purchasing loan
20 insurance or other credit enhancements, and buying or
21 refinancing local debt. This financial assistance must be
22 administered in accordance with this section and applicable
23 federal authorities. The department shall administer all
24 programs operated from funds secured through the activities of
25 the Florida Water Pollution Control Financing Corporation
26 under s. 403.1837, to fulfill the purposes of this section.
27 (b) The department may make or request the corporation
28 to make loans, grants, and deposits to other entities eligible
29 to participate in the financial assistance programs authorized
30 under the Federal Water Pollution Control Act, or as a result
31 of other federal action, which entities may pledge any revenue
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1 available to them to repay any funds borrowed. Notwithstanding
2 s. 18.10, the department may make deposits to financial
3 institutions which earn less than the prevailing rate for
4 United States Treasury securities with corresponding
5 maturities for the purpose of enabling those financial
6 institutions to make below-market interest rate loans to
7 entities qualified to receive loans under this section and the
8 rules of the department.
9 Section 6. Subsection (11) of section 367.022, Florida
10 Statutes, is amended to read:
11 367.022 Exemptions.--The following are not subject to
12 regulation by the commission as a utility nor are they subject
13 to the provisions of this chapter, except as expressly
14 provided:
15 (11) Any person providing only nonpotable water for
16 irrigation or fireflow purposes in a geographic area where
17 potable water service is available from a governmentally or
18 privately owned utility or a private well.
19 Section 7. Section 373.498 and subsection (3) of
20 section 403.804, Florida Statutes, are repealed.
21 Section 8. This act shall take effect upon becoming a
22 law.
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25 SENATE SUMMARY
26 Requires local governments to consider water-supply data
and analysis in the potable-water element and
27 capital-improvements element of the local government
comprehensive plan. Requires the use of reclaimed water
28 when feasible. Declares legislative intent to develop an
illustrative public-service program that gives the status
29 of major water sources. Provides for below-market
interest rate loans for water-pollution-control projects.
30 Repeals obsolete provisions relating to grants for water
and wastewater treatment facilities and disbursements
31 from the water resources development account.
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