Senate Bill sb1376

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    Florida Senate - 2003                                  SB 1376

    By Senator Saunders





    37-730A-03

  1                      A bill to be entitled

  2         An act relating to water resources; creating

  3         the 2020 Water Study Commission; providing for

  4         appointment and qualification of members,

  5         providing duties of the commission; providing

  6         for public hearings; providing for an executive

  7         director and technical advisory committees;

  8         requiring reports; providing duties of the

  9         Department of Environmental Protection;

10         providing an appropriation; providing an

11         effective date.

12  

13         WHEREAS, the management of the water resources of the

14  state is critical to the preservation of Florida's unique

15  natural systems and to the protection of the health and

16  welfare of the people of the state, and

17         WHEREAS, the Florida Legislature has enacted into law a

18  series of water resource planning and regulatory programs

19  aimed at the protection, preservation, restoration, and

20  enhancement of the state's water resources, and

21         WHEREAS, the Florida Legislature has also enacted laws

22  to encourage conservation, the efficient use of water, and the

23  development of cost-effective alternative water supply

24  technologies in order to minimize dependence upon historic

25  water supply sources, and

26         WHEREAS, despite these efforts, the future availability

27  of water necessary to maintain the state's natural systems,

28  and to meet the future demands of the state's agricultural and

29  urban areas, remains in question, and

30         WHEREAS, regular evaluation of the Florida Water Plan

31  and district or regional water supply plans, including the

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    Florida Senate - 2003                                  SB 1376
    37-730A-03




 1  alternative water supply development provisions, is necessary

 2  to determine whether state goals are being attained and

 3  necessary revisions should be prepared through coordinated

 4  action by state and regional agencies and local governments,

 5  and

 6         WHEREAS, local and regional governments throughout the

 7  state repeatedly request funding assistance from the state to

 8  address their water, wastewater, and stormwater infrastructure

 9  needs, and

10         WHEREAS, the Legislature finds there is a need to

11  comprehensively consider how the multi-billion dollar water

12  resources infrastructure needs are to be met, in order to

13  preserve and enhance the quality of the state's water

14  resources and protect the health and welfare of the people of

15  the state, NOW, THEREFORE,

16  

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

18  

19         Section 1.  (1)  The 2020 Water Study Commission is

20  created. The commission shall be composed of 17 voting

21  members, 7 of whom are appointed by the Governor, 5 of whom

22  are appointed by the President of the Senate, and 5 of whom

23  are appointed by the Speaker of the House of Representatives.

24  In addition, the Commissioner of Agriculture, the Secretary of

25  Community Affairs, and the secretary of the Department of

26  Environmental Protection or their designees shall serve as ex

27  officio nonvoting members of the commission. The Governor's

28  appointments must include at least one appointment from each

29  of the following interest groups:

30         (a)  Business interests, such as development or real

31  estate.

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    Florida Senate - 2003                                  SB 1376
    37-730A-03




 1         (b)  Agricultural interests, such as farming, forestry,

 2  aquaculture, or silvaculture.

 3         (c)  Environmental interests, such as resource-based

 4  conservation and environmental quality or conservation groups.

 5         (d)  Community representatives, such as citizen groups,

 6  not-for-profit community associations, citizen planners, or

 7  affordable housing groups.

 8         (e)  Local and regional governments, such as

 9  municipalities, counties, special districts, metropolitan

10  planning organizations, water management districts, or

11  regional planning councils.

12         (f)  Water resources management and planning

13  specialists, such as professional planners, attorneys,

14  engineers, or architects.

15  

16  The President of the Senate and the Speaker of the House of

17  Representatives shall each select one appointee from five of

18  the six categories listed in paragraphs (a)-(f) and, in

19  addition, shall each appoint two members from their respective

20  chambers of the Legislature to serve on the commission as ex

21  officio nonvoting members. Appointments under this subsection

22  shall be made by July 1, 2003, and the first meeting of the

23  commission shall be held no later than September 1, 2003. The

24  chair of the commission shall be elected from the voting

25  members by the majority of the membership at its first

26  meeting. Any vacancy occurring in the membership of the

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

28  appointment.

29         (2)  Each voting member of the commission is entitled

30  to one vote, and action of the commission requires a

31  two-thirds vote of the members present. However, action of the

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    Florida Senate - 2003                                  SB 1376
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 1  commission may be taken only at a meeting at which a majority

 2  of the voting commission members are present.

 3         (3)  The commission shall review the operation and

 4  implementation of Florida's water resource management and

 5  planning laws, including, but not limited to, chapters 163,

 6  373, and 403, Florida Statutes, for the purpose of formulating

 7  specific recommendations relating to the following:

 8         (a)  The funding for the cleanup of all the water

 9  bodies that have been determined by the Department of

10  Environmental Protection pursuant to section 403.067, Florida

11  Statutes, to be impaired;

12         (b)  Identification of regulatory and financial

13  incentives to local governments to increase the amount of

14  water utility collection fees dedicated to the implementation

15  of conservation and water-reclamation projects;

16         (c)  Simplification and streamlining of permitting

17  processes at both the state and federal levels for alternative

18  water supply technologies;

19         (d)  Increased use of water reuse, including resolution

20  of disputes relating to the determination of feasibility of

21  infrastructure financing and development and colocation of

22  power generating facilities;

23         (e)  Identification of the appropriate role of the

24  state in assisting local governments in the implementation of

25  alternative water supply projects, including, without

26  limitation, the provision of further financial and technical

27  assistance;

28         (f)  Promotion of cost-effective agricultural water

29  conservation practices, including providing long-term funding

30  support for the Urban Irrigation Laboratory Programs; and

31  

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    Florida Senate - 2003                                  SB 1376
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 1         (g)  Citizen participation in education about and the

 2  promotion of water resource protection and conservation

 3  programs.

 4         (4)  At least six public hearings must be held by the

 5  commission in different regions of the state to solicit input

 6  from the public on how they want the state, regional agencies,

 7  and their municipalities and counties to provide for the

 8  protection and enhancement of the state's water resources.

 9         (5)  The commission shall, by February 1, 2004, provide

10  to the President of the Senate, the Speaker of the House of

11  Representatives, and the Governor an interim written report of

12  the specific recommendations that may be formulated at that

13  time. A final written report shall be provided to the same

14  officers by February 1, 2005, with recommendations for all the

15  issues identified in paragraphs (3)(a)-(g), including

16  legislative recommendations.

17         (6)  The commission may establish and appoint any

18  necessary technical advisory committees. Commission members,

19  and the members of any technical advisory committees that are

20  appointed, shall not receive remuneration for their services,

21  but members other than public officers and employees are

22  entitled to be reimbursed by the Department of Environmental

23  Protection for travel or per diem expenses in accordance with

24  chapter 112, Florida Statutes. Public officers and employees

25  shall be reimbursed by their respective agencies in accordance

26  with chapter 112, Florida Statutes.

27         (7)  The commission may select an executive director

28  who shall report to the commission and serve at its pleasure.

29  The Department of Environmental Protection shall provide other

30  staff and consultants after consultation with the commission.

31  

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    Florida Senate - 2003                                  SB 1376
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 1  Funding for these expenses shall be provided through the

 2  Department of Environmental Protection.

 3         (8)  Each commission member may receive per diem and

 4  expenses for travel, as provided in section 112.061, Florida

 5  Statutes, while carrying out official business of the

 6  commission.

 7         (9)  All agencies under the control of the Governor are

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

 9  assistance and cooperation to the commission.

10         (10)  The commission shall continue in existence until

11  its objectives are achieved, but not later than September 1,

12  2005.

13         Section 2.  The sum of $250,000 is appropriated from

14  the General Revenue Fund to the Department of Environmental

15  Protection to implement this act.

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

17  law.

18  

19            *****************************************

20                          SENATE SUMMARY

21    Creates the 2020 Water Study Commission, composed of
      appointees of the Governor, the President of the Senate,
22    and the Speaker of the House of Representatives and
      nonvoting ex officio members, to study state water
23    resource management and planning laws and make
      recommendations with respect to water resource protection
24    and use. Requires a final report, with recommendations,
      by February 1, 2005.
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