SENATE AMENDMENT
    Bill No. CS for SB 2316
    Amendment No. ___   Barcode 755878
                            CHAMBER ACTION
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11  Senators Dockery and Atwater moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 11, line 1, through page 13, line 3, delete
15  those lines
16  
17  and insert:  
18         Section 6.  Subsection (2) of section 373.1961, Florida
19  Statutes, is amended to read:
20         373.1961  Water production.--
21         (2)  The Legislature finds that, due to a combination
22  of factors, vastly increased demands have been placed on
23  natural supplies of fresh water, and that, absent increased
24  development of alternative water supplies, such demands may
25  increase in the future. The Legislature also finds that
26  potential exists in the state for the production of
27  significant quantities of alternative water supplies,
28  including reclaimed water, and that water production includes
29  the development of alternative water supplies, including
30  reclaimed water, for appropriate uses. It is the intent of the
31  Legislature that utilities develop reclaimed water systems,
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SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 where reclaimed water is the most appropriate alternative 2 water supply option, to deliver reclaimed water to as many 3 users as possible through the most cost-effective means, and 4 to construct reclaimed water system infrastructure to their 5 owned or operated properties and facilities where they have 6 reclamation capability. It is also the intent of the 7 Legislature that the water management districts which levy ad 8 valorem taxes for water management purposes should share a 9 percentage of those tax revenues with water providers and 10 users, including local governments, water, wastewater, and 11 reuse utilities, municipal, industrial, and agricultural water 12 users, and other public and private water users, to be used to 13 supplement other funding sources in the development of 14 alternative water supplies. The Legislature finds that public 15 moneys or services provided to private entities for such uses 16 constitute public purposes which are in the public interest. 17 In order to further the development and use of alternative 18 water supply systems, including reclaimed water systems, the 19 Legislature provides the following: 20 (a) The governing boards of the water management 21 districts where water resource caution areas have been 22 designated shall include in their annual budgets an amount for 23 the development of alternative water supply systems, including 24 reclaimed water systems, pursuant to the requirements of this 25 subsection. Beginning in 1996, such amounts shall be made 26 available to water providers and users no later than December 27 31 of each year, through grants, matching grants, revolving 28 loans, or the use of district lands or facilities pursuant to 29 the requirements of this subsection and guidelines established 30 by the districts. In making grants or loans, funding priority 31 shall be given to projects in accordance with s. 373.0831(4). 2 1:45 PM 05/01/03 s2316.nr15.Ic
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 Without diminishing amounts available through other means 2 described in this paragraph, the governing boards are 3 encouraged to consider establishing revolving loan funds to 4 expand the total funds available to accomplish the objectives 5 of this section. A revolving loan fund created pursuant to 6 this paragraph shall be a nonlapsing fund from which the water 7 management district may make loans with interest rates below 8 prevailing market rates to public or private entities for the 9 purposes described in this section. The governing board may 10 adopt resolutions to establish revolving loan funds which 11 shall specify the details of the administration of the fund, 12 the procedures for applying for loans from the fund, the 13 criteria for awarding loans from the fund, the initial 14 capitalization of the fund, and the goals for future 15 capitalization of the fund in subsequent budget years. 16 Revolving loan funds created pursuant to this paragraph shall 17 be used to expand the total sums and sources of cooperative 18 funding available for the development of alternative water 19 supplies. The Legislature does not intend for the creation of 20 revolving loan trust funds to supplant or otherwise reduce 21 existing sources or amounts of funds currently available 22 through other means. 23 (b) It is the intent of the Legislature that for each 24 reclaimed water utility, or any other utility, which receives 25 funds pursuant to this subsection, the appropriate 26 rate-setting authorities should develop rate structures for 27 all water, wastewater, and reclaimed water and other 28 alternative water supply utilities in the service area of the 29 funded utility, which accomplish the following: 30 1. Provide meaningful progress toward the development 31 and implementation of alternative water supply systems, 3 1:45 PM 05/01/03 s2316.nr15.Ic
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 including reclaimed water systems; 2 2. Promote the conservation of fresh water withdrawn 3 from natural systems; 4 3. Provide for an appropriate distribution of costs 5 for all water, wastewater, and alternative water supply 6 utilities, including reclaimed water utilities, among all of 7 the users of those utilities; and 8 4. Prohibit rate discrimination within classes of 9 utility users. 10 (c) Funding assistance provided by the water 11 management districts for a water reuse system project may 12 include the following grant or loan conditions for that 13 project when the water management district determines such 14 conditions will encourage water use efficiency: 15 1. Metering of reclaimed water use for the following 16 activities: residential irrigation, agricultural irrigation, 17 industrial uses except for electric utilities as defined in s. 18 366.02(2), landscape irrigation, irrigation of other public 19 access areas, commercial and institutional uses such as toilet 20 flushing, and transfers to other reclaimed water utilities. 21 2. Implementation of reclaimed water rate structures 22 based on actual use of reclaimed water for the types of reuse 23 activities listed in subparagraph 1. 24 3. Implementation of education programs to inform the 25 public about water issues, water conservation, and the 26 importance and proper use of reclaimed water. 27 4. Development of location data for key reuse 28 facilities. 29 (d)(c) In order to be eligible for funding pursuant to 30 this subsection, a project must be consistent with a local 31 government comprehensive plan and the governing body of the 4 1:45 PM 05/01/03 s2316.nr15.Ic
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 local government must require all appropriate new facilities 2 within the project's service area to connect to and use the 3 project's alternative water supplies. The appropriate local 4 government must provide written notification to the 5 appropriate district that the proposed project is consistent 6 with the local government comprehensive plan. 7 (e)(d) Any and all revenues disbursed pursuant to this 8 subsection shall be applied only for the payment of capital or 9 infrastructure costs for the construction of alternative water 10 supply systems that provide alternative water supplies. 11 (f)(e) By January 1 of each year, the governing boards 12 shall make available written guidelines for the disbursal of 13 revenues pursuant to this subsection. Such guidelines shall 14 include at minimum: 15 1. An application process and a deadline for filing 16 applications annually. 17 2. A process for determining project eligibility 18 pursuant to the requirements of paragraphs (d) (c) and (e) 19 (d). 20 3. A process and criteria for funding projects 21 pursuant to this subsection that cross district boundaries or 22 that serve more than one district. 23 (g)(f) The governing board of each water management 24 district shall establish an alternative water supplies grants 25 advisory committee to recommend to the governing board 26 projects for funding pursuant to this subsection. The advisory 27 committee members shall include, but not be limited to, one or 28 more representatives of county, municipal, and investor-owned 29 private utilities, and may include, but not be limited to, 30 representatives of agricultural interests and environmental 31 interests. Each committee member shall represent his or her 5 1:45 PM 05/01/03 s2316.nr15.Ic
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 interest group as a whole and shall not represent any specific 2 entity. The committee shall apply the guidelines and project 3 eligibility criteria established by the governing board in 4 reviewing proposed projects. After one or more hearings to 5 solicit public input on eligible projects, the committee shall 6 rank the eligible projects and shall submit them to the 7 governing board for final funding approval. The advisory 8 committee may submit to the governing board more projects than 9 the available grant money would fund. 10 (h)(g) All revenues made available annually pursuant 11 to this subsection must be encumbered annually by the 12 governing board if it approves projects sufficient to expend 13 the available revenues. Funds must be disbursed within 36 14 months after encumbrance. 15 (i)(h) For purposes of this subsection, alternative 16 water supplies are supplies of water that have been reclaimed 17 after one or more public supply, municipal, industrial, 18 commercial, or agricultural uses, or are supplies of 19 stormwater, or brackish or salt water, that have been treated 20 in accordance with applicable rules and standards sufficient 21 to supply the intended use. 22 (j)(i) This subsection shall not be subject to the 23 rulemaking requirements of chapter 120. 24 (k)(j) By January 30 of each year, each water 25 management district shall submit an annual report to the 26 Governor, the President of the Senate, and the Speaker of the 27 House of Representatives which accounts for the disbursal of 28 all budgeted amounts pursuant to this subsection. Such report 29 shall describe all projects funded and shall account 30 separately for moneys provided through grants, matching 31 grants, revolving loans, and the use of district lands or 6 1:45 PM 05/01/03 s2316.nr15.Ic
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 facilities. 2 (l)(k) The Florida Public Service Commission shall 3 allow entities under its jurisdiction constructing alternative 4 water supply facilities, including but not limited to aquifer 5 storage and recovery wells, to recover the full, prudently 6 incurred cost of such facilities through their rate structure. 7 Every component of an alternative water supply facility 8 constructed by an investor-owned utility shall be recovered in 9 current rates. 10 Section 7. Private property rights and regional 11 reservoirs.-- 12 (1) The Legislature finds that construction of a 13 regional reservoir designed to store more than 10 billion 14 gallons of water may inordinately burden nearby real property 15 because of the proximity of the reservoir and may result in a 16 loss of value for the property owner. Therefore, a regional 17 water supply authority, serving three or fewer counties, that 18 is authorized to construct, operate, and maintain such a 19 regional reservoir shall be deemed a governmental entity under 20 section 70.001, Florida Statutes, the Bert J. Harris, Jr., 21 Private Property Rights Protection Act, for purposes of this 22 section. 23 (2) This section provides a cause of action for the 24 actions of a regional water supply authority, in siting and 25 constructing a reservoir as described in subsection (1), that 26 may not rise to the level of a taking under the State 27 Constitution or the United States Constitution. This section 28 may not necessarily be construed under the case law regarding 29 takings if the action of a regional water supply authority 30 does not rise to the level of a taking. The provisions of this 31 section are cumulative and do not abrogate any other remedy 7 1:45 PM 05/01/03 s2316.nr15.Ic
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 lawfully available, including any remedy lawfully available 2 for the actions of a regional water supply authority that rise 3 to the level of a taking. However, a regional water supply 4 authority may not be liable more than once for compensation 5 due to an action of the regional water supply authority that 6 results in a loss of value for a subject real property. 7 (3) Each owner of real property located within 10,000 8 feet of the the center of the footprint of a regional 9 reservoir, as described in subsection (1), or 5,500 feet from 10 the exterior of the berm of such reservoir, may present a 11 claim for compensation in writing to the head of the regional 12 water supply authority on or before December 31, 2004, for a 13 loss in property value resulting from the proximity of the 14 reservoir. For each claim presented under this section, 15 section 70.001, Florida Statutes, applies, except when there 16 is conflict with this section, the provisions of this section 17 shall govern. 18 (a) The property owner must submit along with the 19 claim a bona fide, valid appraisal that supports the claim and 20 demonstrates the loss in fair market value to the real 21 property. 22 (b) A claim under this section shall be presented only 23 to the regional water supply authority that is authorized to 24 construct, operate, and maintain the reservoir. 25 (4) The Legislature recognizes that construction and 26 maintenance of a regional reservoir may not necessarily 27 interfere with allowable uses of real property near the 28 reservoir. However, the siting and construction of the 29 reservoir may result in an actual loss to the fair market 30 value of real property located within 10,000 feet of the 31 center of the footprint of the reservoir, or 5,500 feet from 8 1:45 PM 05/01/03 s2316.nr15.Ic
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 the exterior of the berm, because of the proximity of the 2 reservoir. Therefore, any offer of compensation by the 3 regional water supply authority shall be based solely on the 4 loss of value for the property owner as a result of the 5 proximity of the reservoir and not on the effects the 6 reservoir has on existing uses or on a vested right to a 7 specific use of real property. 8 (a) Notwithstanding section 70.001, Florida Statutes, 9 the regional water supply authority to whom a claim is 10 presented shall, not later than 180 days after receiving such 11 claim: 12 1. Make a written offer to purchase the real property 13 if there is more than a 50-percent loss in value to the real 14 property as a result of the proximity of the reservoir and if 15 the property owner is a willing seller; 16 2. Make a written offer to purchase an interest in 17 rights of use which may become transferable development rights 18 to be held, sold, or otherwise disposed of by the regional 19 water supply authority; or 20 3. Terminate negotiations. 21 (b) An offer by the regional water supply authority to 22 purchase the property in fee or purchase an interest in rights 23 of use under this section shall cover the cost of the 24 appraisal required in subsection (3). 25 (5) During the 180-day period, unless the property 26 owner accepts a written offer for purchase pursuant to 27 subparagraph (4)(a)1. or 2., the regional water supply 28 authority shall issue a final decision stating that: 29 (a) The real property has a loss in value due to an 30 inordinate burden on the property resulting from the proximity 31 of the reservoir and the regional water supply authority and 9 1:45 PM 05/01/03 s2316.nr15.Ic
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 property owner cannot reach agreement on the amount of 2 compensation; or 3 (b) The property owner has failed to establish a basis 4 for relief under the provisions of this section and section 5 70.001, Florida Statutes. 6 7 Failure of the regional water supply authority to issue a 8 final decision as required by this subsection shall cause the 9 written offer or termination of negotiations required in 10 subsection (4) to operate as a final decision. As a matter of 11 law, this final decision constitutes the last prerequisite to 12 judicial review of the merits for the purposes of the judicial 13 proceeding provided for in section 70.001, Florida Statutes. 14 (6) The circuit court, for purposes of this section, 15 shall determine whether, considering the written offer and 16 final decision, the regional water supply authority has 17 inordinately burdened the subject real property. Following a 18 determination that the regional water supply authority has 19 inordinately burdened the real property, the court shall 20 impanel a jury to determine the total amount of compensation 21 to the property owner for the loss in value due to the 22 inordinate burden to the subject real property. 23 (7) Pursuant to section 70.001, Florida Statutes, the 24 court may award reasonable costs and attorney's fees and the 25 court shall determine the amount. If the court awards the 26 property owner reasonable costs and attorney's fees, the costs 27 shall include the cost of the appraisal required in subsection 28 (3). 29 (8) This section is repealed effective January 1, 30 2005. However, the repeal of this section shall not affect a 31 claim filed on or before December 31, 2004. 10 1:45 PM 05/01/03 s2316.nr15.Ic
SENATE AMENDMENT Bill No. CS for SB 2316 Amendment No. ___ Barcode 755878 1 Section 8. If any provision of this act or the 2 application thereof to any person or circumstance is held 3 invalid, the invalidity does not affect other provisions or 4 applications of this act which can be given effect without the 5 invalid provision or application, and to this end the 6 provisions of this act are declared severable. 7 8 (Redesignate subsequent sections.) 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page .........., line .........., delete 14 15 and insert: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 1:45 PM 05/01/03 s2316.nr15.Ic