Senate Bill sb1182c1

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    Florida Senate - 2002                           CS for SB 1182

    By the Committee on Natural Resources; and Senators
    Brown-Waite and Constantine




    312-1910-02

  1                      A bill to be entitled

  2         An act relating to water-supply policy;

  3         amending s. 163.3177, F.S.; specifying

  4         additional requirements for local comprehensive

  5         plans relating to potable water facilities;

  6         requiring local governments to consider the

  7         water management district's regional water

  8         supply plans in the potable-water element;

  9         amending s. 163.3191, F.S., relating to

10         evaluation and appraisal of comprehensive

11         plans; requiring an evaluation of the

12         availability of potable water and whether

13         future water-supply-development needs are

14         addressed in the capital-improvements element;

15         amending s. 403.064, F.S.; requiring the reuse

16         of reclaimed water when feasible; requiring the

17         dissemination of public information regarding

18         the status of major water sources; amending s.

19         403.1835, F.S.; providing for below-market

20         interest rate loans to qualified entities;

21         repealing s. 373.498, F.S., relating to

22         disbursements from the water resources

23         development account; amending s. 367.022, F.S.;

24         providing an exemption from regulation by the

25         Florida Public Service Commission for certain

26         water suppliers who provide nonpotable water

27         for fireflow; amending s. 373.1961, F.S.;

28         providing requirements for disbursements for

29         alternative water supply projects; repealing s.

30         403.804(3), F.S., relating to obsolete

31         provisions concerning grants for water and

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  1         wastewater facilities; providing a legislative

  2         finding that the linkage of land use and water

  3         supply planning is of great public importance;

  4         providing an effective date.

  5

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

  7

  8         Section 1.  Paragraph (a) of subsection (3), paragraph

  9  (a) of subsection (4), and paragraphs (c), (d), and (h) of

10  subsection (6) of section 163.3177, Florida Statutes, are

11  amended to read:

12         163.3177  Required and optional elements of

13  comprehensive plan; studies and surveys.--

14         (3)(a)  The comprehensive plan shall contain a capital

15  improvements element designed to consider the need for and the

16  location of public facilities in order to encourage the

17  efficient utilization of such facilities and set forth:

18         1.  A component which outlines principles for

19  construction, extension, or increase in capacity of public

20  facilities, including potable water facilities compatible with

21  the applicable regional water supply plan developed pursuant

22  to s. 373.0361, as well as a component which outlines

23  principles for correcting existing public facility

24  deficiencies, which are necessary to implement the

25  comprehensive plan.  The components shall cover at least a

26  5-year period.

27         2.  Estimated public facility costs, including a

28  delineation of when facilities will be needed, the general

29  location of the facilities, and projected revenue sources to

30  fund the facilities.

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  1         3.  Standards to ensure the availability of public

  2  facilities and the adequacy of those facilities including

  3  acceptable levels of service.

  4         4.  Standards for the management of debt.

  5         (4)(a)  Coordination of the local comprehensive plan

  6  with the comprehensive plans of adjacent municipalities, the

  7  county, adjacent counties, or the region; with the appropriate

  8  water management district's regional water supply plans

  9  approved pursuant to s. 373.0361; with adopted rules

10  pertaining to designated areas of critical state concern; and

11  with the state comprehensive plan shall be a major objective

12  of the local comprehensive planning process.  To that end, in

13  the preparation of a comprehensive plan or element thereof,

14  and in the comprehensive plan or element as adopted, the

15  governing body shall include a specific policy statement

16  indicating the relationship of the proposed development of the

17  area to the comprehensive plans of adjacent municipalities,

18  the county, adjacent counties, or the region and to the state

19  comprehensive plan, as the case may require and as such

20  adopted plans or plans in preparation may exist.

21         (b)  When all or a portion of the land in a local

22  government jurisdiction is or becomes part of a designated

23  area of critical state concern, the local government shall

24  clearly identify those portions of the local comprehensive

25  plan that shall be applicable to the critical area and shall

26  indicate the relationship of the proposed development of the

27  area to the rules for the area of critical state concern.

28         (6)  In addition to the requirements of subsections

29  (1)-(5), the comprehensive plan shall include the following

30  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 July 1, 2007, or the Evaluation and

20  Appraisal Report adoption deadline established for the local

21  government pursuant to s. 163.3191(a), whichever date occurs

22  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 approved 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.

19

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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    Florida Senate - 2002                           CS for SB 1182
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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, if the study shows that

23  the reuse is feasible, the permitting agency must give

24  significant consideration to its implementation the

25  applicant's determination of feasibility is final if the study

26  complies with the requirements of subsections subsection (2)

27  and (3).

28         (5)(4)  A reuse feasibility study is not required if:

29         (a)  The domestic wastewater treatment facility has an

30  existing or proposed permitted or design capacity less than

31  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.  In order to aid in the development of a

24  better understanding of the unique surface and groundwater

25  resources of this state, the water management districts shall

26  develop an information program designed to provide information

27  concerning existing hydrologic conditions of major surface and

28  groundwater sources in this state and suggestions for good

29  conservation practices within those areas. The program shall

30  be developed by December 31, 2002. Beginning January 1, 2003,

31  and on a regular basis no less than every 6 months thereafter,

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  1  the information developed pursuant to this section shall be

  2  distributed to every member of the Florida Senate and the

  3  Florida House of Representatives and to local print and

  4  broadcast news organizations. Each water management district

  5  shall be responsible for the distribution of this information

  6  within its established geographic area.

  7         Section 5.  Paragraph (b) of subsection (3) of section

  8  403.1835, Florida Statutes, is amended to read:

  9         403.1835  Water pollution control financial

10  assistance.--

11         (3)  The department may provide financial assistance

12  through any program authorized under s. 603 of the Federal

13  Water Pollution Control Act (Clean Water Act), Pub. L. No.

14  92-500, as amended, including, but not limited to, making

15  grants and loans, providing loan guarantees, purchasing loan

16  insurance or other credit enhancements, and buying or

17  refinancing local debt. This financial assistance must be

18  administered in accordance with this section and applicable

19  federal authorities. The department shall administer all

20  programs operated from funds secured through the activities of

21  the Florida Water Pollution Control Financing Corporation

22  under s. 403.1837, to fulfill the purposes of this section.

23         (b)  The department may make or request the corporation

24  to make loans, grants, and deposits to other entities eligible

25  to participate in the financial assistance programs authorized

26  under the Federal Water Pollution Control Act, or as a result

27  of other federal action, which entities may pledge any revenue

28  available to them to repay any funds borrowed. Notwithstanding

29  s. 18.10, the department may make deposits to financial

30  institutions which earn less than the prevailing rate for

31  United States Treasury securities with corresponding

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  1  maturities for the purpose of enabling those financial

  2  institutions to make below-market interest rate loans to

  3  entities qualified to receive loans under this section and the

  4  rules of the department.

  5         Section 6.  Subsection (11) of section 367.022, Florida

  6  Statutes, is amended to read:

  7         367.022  Exemptions.--The following are not subject to

  8  regulation by the commission as a utility nor are they subject

  9  to the provisions of this chapter, except as expressly

10  provided:

11         (11)  Any person providing only nonpotable water for

12  irrigation or fireflow purposes in a geographic area where

13  potable water service is available from a governmentally or

14  privately owned utility or a private well.

15         Section 7.  Subsection (2) of section 373.1961, Florida

16  Statutes, is amended to read:

17         373.1961  Water production.--

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

19  of factors, vastly increased demands have been placed on

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

21  development of alternative water supplies, such demands may

22  increase in the future.  The Legislature also finds that

23  potential exists in the state for the production of

24  significant quantities of alternative water supplies,

25  including reclaimed water, and that water production includes

26  the development of alternative water supplies, including

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

28  the Legislature that utilities develop reclaimed water

29  systems, where reclaimed water is the most appropriate

30  alternative water supply option, to deliver reclaimed water to

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

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  1  means, and to construct reclaimed water system infrastructure

  2  to their owned or operated properties and facilities where

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

  4  Legislature that the water management districts which levy ad

  5  valorem taxes for water management purposes should share a

  6  percentage of those tax revenues with water providers and

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

  8  reuse utilities, municipal, industrial, and agricultural water

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

10  supplement other funding sources in the development of

11  alternative water supplies. The Legislature finds that public

12  moneys or services provided to private entities for such uses

13  constitute public purposes which are in the public interest.

14  In order to further the development and use of alternative

15  water supply systems, including reclaimed water systems, the

16  Legislature provides the following:

17         (a)  The governing boards of the water management

18  districts where water resource caution areas have been

19  designated shall include in their annual budgets an amount for

20  the development of alternative water supply systems, including

21  reclaimed water systems, pursuant to the requirements of this

22  subsection. Beginning in 1996, such amounts shall be made

23  available to water providers and users no later than December

24  31 of each year, through grants, matching grants, revolving

25  loans, or the use of district lands or facilities pursuant to

26  the requirements of this subsection and guidelines established

27  by the districts.

28         (b)  It is the intent of the Legislature that for each

29  reclaimed water utility, or any other utility, which receives

30  funds pursuant to this subsection, the appropriate

31  rate-setting authorities should develop rate structures for

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  1  all water, wastewater, and reclaimed water and other

  2  alternative water supply utilities in the service area of the

  3  funded utility, which accomplish the following:

  4         1.  Provide meaningful progress toward the development

  5  and implementation of alternative water supply systems,

  6  including reclaimed water systems;

  7         2.  Promote the conservation of fresh water withdrawn

  8  from natural systems;

  9         3.  Provide for an appropriate distribution of costs

10  for all water, wastewater, and alternative water supply

11  utilities, including reclaimed water utilities, among all of

12  the users of those utilities; and

13         4.  Prohibit rate discrimination within classes of

14  utility users.

15         (c)  In order to be eligible for funding pursuant to

16  this subsection, a project must be consistent with a local

17  government comprehensive plan and the governing body of the

18  local government must require all appropriate new facilities

19  within the project's service area to connect to and use the

20  project's alternative water supplies.  The appropriate local

21  government must provide written notification to the

22  appropriate district that the proposed project is consistent

23  with the local government comprehensive plan.

24         (d)  Any and all revenues disbursed pursuant to this

25  subsection shall be applied only for the payment of capital or

26  infrastructure costs for the construction of alternative water

27  supply systems that provide alternative water supplies for

28  uses within one or more water resource caution areas.

29         (e)  By January 1 of each year, the governing boards

30  shall make available written guidelines for the disbursal of

31

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  1  revenues pursuant to this subsection.  Such guidelines shall

  2  include at minimum:

  3         1.  An application process and a deadline for filing

  4  applications annually.

  5         2.  A process for determining project eligibility

  6  pursuant to the requirements of paragraphs (c) and (d).

  7         3.  A process and criteria for funding projects

  8  pursuant to this subsection that cross district boundaries or

  9  that serve more than one district.

10         (f)  The governing board of each water management

11  district shall establish an alternative water supplies grants

12  advisory committee to recommend to the governing board

13  projects for funding pursuant to this subsection.  The

14  advisory committee members shall include, but not be limited

15  to, one or more representatives of county, municipal, and

16  investor-owned private utilities, and may include, but not be

17  limited to, representatives of agricultural interests and

18  environmental interests.  Each committee member shall

19  represent his or her interest group as a whole and shall not

20  represent any specific entity.  The committee shall apply the

21  guidelines and project eligibility criteria established by the

22  governing board in reviewing proposed projects. After one or

23  more hearings to solicit public input on eligible projects,

24  the committee shall rank the eligible projects and shall

25  submit them to the governing board for final funding approval.

26  The advisory committee may submit to the governing board more

27  projects than the available grant money would fund.

28         (g)  All revenues made available annually pursuant to

29  this subsection must be encumbered disbursed annually by the

30  governing board if it approves projects sufficient to expend

31

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    Florida Senate - 2002                           CS for SB 1182
    312-1910-02




  1  the available revenues. Funds must be disbursed within 36

  2  months after encumbrance.

  3         (h)  For purposes of this subsection, alternative water

  4  supplies are supplies of water that have been reclaimed after

  5  one or more public supply, municipal, industrial, commercial,

  6  or agricultural uses, or are supplies of stormwater, or

  7  brackish or salt water, that have been treated in accordance

  8  with applicable rules and standards sufficient to supply the

  9  intended use.

10         (i)  This subsection shall not be subject to the

11  rulemaking requirements of chapter 120.

12         (j)  By January 30 of each year, each water management

13  district shall submit an annual report to the Governor, the

14  President of the Senate, and the Speaker of the House of

15  Representatives which accounts for the disbursal of all

16  budgeted amounts pursuant to this subsection. Such report

17  shall describe all projects funded and shall account

18  separately for moneys provided through grants, matching

19  grants, revolving loans, and the use of district lands or

20  facilities.

21         (k)  The Florida Public Service Commission shall allow

22  entities under its jurisdiction constructing alternative water

23  supply facilities, including but not limited to aquifer

24  storage and recovery wells, to recover the full, prudently

25  incurred cost of such facilities through their rate structure.

26  Every component of an alternative water supply facility

27  constructed by an investor-owned utility shall be recovered in

28  current rates.

29         Section 8.  Section 373.498 and subsection (3) of

30  section 403.804, Florida Statutes, are repealed.

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    Florida Senate - 2002                           CS for SB 1182
    312-1910-02




  1         Section 9.  The Legislature finds that the linkage of

  2  land use and water supply planning is a matter of great public

  3  importance.

  4         Section 10.  This act shall take effect upon becoming a

  5  law.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 1182

  9

10  The committee substitute provides that the local comprehensive
    plan must contain a component that outlines principles for
11  construction, extension, or increase in capacity of public
    facilities, including potable water facilities compatible with
12  the applicable regional water supply plan.

13  By July 1, 2007, the potable water element must be based on
    data and analysis, including, but not limited to, the
14  appropriate water management district's regional water supply
    plan.
15
    Provides that if the feasibility study for reuse performed by
16  the applicant shows that the reuse is feasible, the permitting
    agency must give significant consideration to its
17  implementation.

18  The water management districts are required to develop an
    information program designed to provide information on
19  existing hydrologic conditions of major surface and
    groundwater sources in Florida and suggestions for good
20  conservation practices within those areas. Provides for
    distribution of such information.
21
    Allows water management district alternative water supplies
22  grants to be used for projects outside of water resource
    caution areas. All funds made available annually must be
23  encumbered annually. Funds must be disbursed within 36 months
    of encumbrance.
24
    Provides that the Legislature finds that the linkage of land
25  use and water supply planning is a matter of great public
    importance.
26

27

28

29

30

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