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| 1 | A bill to be entitled | ||
| 2 | An act relating to water resources; creating the 2020 | ||
| 3 | Water Study Commission; providing for appointment and | ||
| 4 | qualification of members, providing duties of the | ||
| 5 | commission; providing for public hearings; providing for | ||
| 6 | an executive director and technical advisory committees; | ||
| 7 | requiring reports; providing duties of the Department of | ||
| 8 | Environmental Protection; providing an appropriation; | ||
| 9 | providing an effective date. | ||
| 10 | |||
| 11 | WHEREAS, the management of the water resources of the state | ||
| 12 | is critical to the preservation of Florida's unique natural | ||
| 13 | systems and to the protection of the health and welfare of the | ||
| 14 | people of the state, and | ||
| 15 | WHEREAS, the Florida Legislature has enacted into law a | ||
| 16 | series of water resource planning and regulatory programs aimed | ||
| 17 | at the protection, preservation, restoration, and enhancement of | ||
| 18 | the state's water resources, and | ||
| 19 | WHEREAS, the Florida Legislature has also enacted laws to | ||
| 20 | encourage conservation, the efficient use of water, and the | ||
| 21 | development of cost-effective alternative water supply | ||
| 22 | technologies in order to minimize dependence upon historic water | ||
| 23 | supply sources, and | ||
| 24 | WHEREAS, despite these efforts, the future availability of | ||
| 25 | water necessary to maintain the state's natural systems, and to | ||
| 26 | meet the future demands of the state's agricultural and urban | ||
| 27 | areas, remains in question, and | ||
| 28 | WHEREAS, regular evaluation of the Florida Water Plan and | ||
| 29 | district or regional water supply plans, including the | ||
| 30 | alternative water supply development provisions, is necessary to | ||
| 31 | determine whether state goals are being attained and necessary | ||
| 32 | revisions should be prepared through coordinated action by state | ||
| 33 | and regional agencies and local governments, and | ||
| 34 | WHEREAS, local and regional governments throughout the | ||
| 35 | state repeatedly request funding assistance from the state to | ||
| 36 | address their water, wastewater, and stormwater infrastructure | ||
| 37 | needs, and | ||
| 38 | WHEREAS, the Legislature finds there is a need to | ||
| 39 | comprehensively consider how the multi-billion dollar water | ||
| 40 | resources infrastructure needs are to be met, in order to | ||
| 41 | preserve and enhance the quality of the state's water resources | ||
| 42 | and protect the health and welfare of the people of the state, | ||
| 43 | NOW, THEREFORE, | ||
| 44 | |||
| 45 | Be It Enacted by the Legislature of the State of Florida: | ||
| 46 | |||
| 47 | Section 1. (1) The 2020 Water Study Commission is | ||
| 48 | created. The commission shall be composed of 17 voting members, | ||
| 49 | 7 of whom are appointed by the Governor, 5 of whom are appointed | ||
| 50 | by the President of the Senate, and 5 of whom are appointed by | ||
| 51 | the Speaker of the House of Representatives. In addition, the | ||
| 52 | Commissioner of Agriculture, the Secretary of Community Affairs, | ||
| 53 | and the secretary of the Department of Environmental Protection | ||
| 54 | or their designees shall serve as ex officio nonvoting members | ||
| 55 | of the commission. The Governor's appointments must include at | ||
| 56 | least one appointment from each of the following interest | ||
| 57 | groups: | ||
| 58 | (a) Business interests, such as development or real | ||
| 59 | estate. | ||
| 60 | (b) Agricultural interests, such as farming, forestry, | ||
| 61 | aquaculture, or silvaculture. | ||
| 62 | (c) Environmental interests, such as resource-based | ||
| 63 | conservation and environmental quality or conservation groups. | ||
| 64 | (d) Community representatives, such as citizen groups, | ||
| 65 | not-for-profit community associations, citizen planners, or | ||
| 66 | affordable housing groups. | ||
| 67 | (e) Local and regional governments, such as | ||
| 68 | municipalities, counties, special districts, metropolitan | ||
| 69 | planning organizations, water management districts, or regional | ||
| 70 | planning councils. | ||
| 71 | (f) Water resources management and planning specialists, | ||
| 72 | such as professional planners, attorneys, engineers, or | ||
| 73 | architects. | ||
| 74 | |||
| 75 | The President of the Senate and the Speaker of the House of | ||
| 76 | Representatives shall each select one appointee from five of the | ||
| 77 | six categories listed in paragraphs (a)-(f) and, in addition, | ||
| 78 | shall each appoint two members from their respective chambers of | ||
| 79 | the Legislature to serve on the commission as ex officio | ||
| 80 | nonvoting members. Appointments under this subsection shall be | ||
| 81 | made by July 1, 2003, and the first meeting of the commission | ||
| 82 | shall be held no later than September 1, 2003. The chair of the | ||
| 83 | commission shall be elected from the voting members by the | ||
| 84 | majority of the membership at its first meeting. Any vacancy | ||
| 85 | occurring in the membership of the commission shall be filled in | ||
| 86 | the same manner as the original appointment. | ||
| 87 | (2) Each voting member of the commission is entitled to | ||
| 88 | one vote, and action of the commission requires a two-thirds | ||
| 89 | vote of the members present. However, action of the commission | ||
| 90 | may be taken only at a meeting at which a majority of the voting | ||
| 91 | commission members are present. | ||
| 92 | (3) The commission shall review the operation and | ||
| 93 | implementation of Florida's water resource management and | ||
| 94 | planning laws, including, but not limited to, chapters 163, 373, | ||
| 95 | and 403, Florida Statutes, for the purpose of formulating | ||
| 96 | specific recommendations relating to the following: | ||
| 97 | (a) The funding for the cleanup of all the water bodies | ||
| 98 | that have been determined by the Department of Environmental | ||
| 99 | Protection pursuant to section 403.067, Florida Statutes, to be | ||
| 100 | impaired; | ||
| 101 | (b) Identification of regulatory and financial incentives | ||
| 102 | to local governments to increase the amount of water utility | ||
| 103 | collection fees dedicated to the implementation of conservation | ||
| 104 | and water-reclamation projects; | ||
| 105 | (c) Simplification and streamlining of permitting | ||
| 106 | processes at both the state and federal levels for alternative | ||
| 107 | water supply technologies; | ||
| 108 | (d) Increased use of water reuse, including resolution of | ||
| 109 | disputes relating to the determination of feasibility of | ||
| 110 | infrastructure financing and development and colocation of power | ||
| 111 | generating facilities; | ||
| 112 | (e) Identification of the appropriate role of the state in | ||
| 113 | assisting local governments in the implementation of alternative | ||
| 114 | water supply projects, including, without limitation, the | ||
| 115 | provision of further financial and technical assistance; | ||
| 116 | (f) Promotion of cost-effective agricultural water | ||
| 117 | conservation practices, including providing long-term funding | ||
| 118 | support for the Urban Irrigation Laboratory Programs; and | ||
| 119 | (g) Citizen participation in education about and the | ||
| 120 | promotion of water resource protection and conservation | ||
| 121 | programs. | ||
| 122 | (4) At least six public hearings must be held by the | ||
| 123 | commission in different regions of the state to solicit input | ||
| 124 | from the public on how they want the state, regional agencies, | ||
| 125 | and their municipalities and counties to provide for the | ||
| 126 | protection and enhancement of the state's water resources. | ||
| 127 | (5) The commission shall, by February 1, 2004, provide to | ||
| 128 | the President of the Senate, the Speaker of the House of | ||
| 129 | Representatives, and the Governor an interim written report of | ||
| 130 | the specific recommendations that may be formulated at that | ||
| 131 | time. A final written report shall be provided to the same | ||
| 132 | officers by February 1, 2005, with recommendations for all the | ||
| 133 | issues identified in paragraphs (3)(a)-(g), including | ||
| 134 | legislative recommendations. | ||
| 135 | (6) The commission may establish and appoint any necessary | ||
| 136 | technical advisory committees. Commission members, and the | ||
| 137 | members of any technical advisory committees that are appointed, | ||
| 138 | shall not receive remuneration for their services, but members | ||
| 139 | other than public officers and employees are entitled to be | ||
| 140 | reimbursed by the Department of Environmental Protection for | ||
| 141 | travel or per diem expenses in accordance with chapter 112, | ||
| 142 | Florida Statutes. Public officers and employees shall be | ||
| 143 | reimbursed by their respective agencies in accordance with | ||
| 144 | chapter 112, Florida Statutes. | ||
| 145 | (7) The commission may select an executive director who | ||
| 146 | shall report to the commission and serve at its pleasure. The | ||
| 147 | Department of Environmental Protection shall provide other staff | ||
| 148 | and consultants after consultation with the commission. Funding | ||
| 149 | for these expenses shall be provided through the Department of | ||
| 150 | Environmental Protection. | ||
| 151 | (8) Each commission member may receive per diem and | ||
| 152 | expenses for travel, as provided in section 112.061, Florida | ||
| 153 | Statutes, while carrying out official business of the | ||
| 154 | commission. | ||
| 155 | (9) All agencies under the control of the Governor are | ||
| 156 | directed, and all other agencies are requested, to render | ||
| 157 | assistance and cooperation to the commission. | ||
| 158 | (10) The commission shall continue in existence until its | ||
| 159 | objectives are achieved, but not later than September 1, 2005. | ||
| 160 | Section 2. The sum of $250,000 is appropriated from the | ||
| 161 | General Revenue Fund to the Department of Environmental | ||
| 162 | Protection to implement this act. | ||
| 163 | Section 3. This act shall take effect upon becoming a law. | ||