Senate Bill sb2316c1

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    Florida Senate - 2003                           CS for SB 2316

    By the Committee on Communication and Public Utilities; and
    Senator Atwater




    319-2416-03

  1                      A bill to be entitled

  2         An act relating to water supplies; providing

  3         legislative findings and intent; providing for

  4         the development of a water conservation

  5         guidance manual by the Department of

  6         Environmental Protection; providing for purpose

  7         and contents of the manual and requirements

  8         with respect thereto; requiring the Department

  9         of Environmental Protection to adopt the manual

10         by rule by a specified date; requiring public

11         water supply utilities to develop water

12         conservation programs based upon options

13         contained in the manual; amending s. 373.0361,

14         F.S.; providing additional components of

15         regional water supply plans; providing that a

16         district water management plan may not be used

17         as criteria for the review of permits for

18         consumptive uses of water unless the plan or

19         applicable portion thereof has been adopted by

20         rule; amending s. 373.0831, F.S.; revising the

21         criteria by which water supply development

22         projects may receive priority consideration for

23         funding assistance; providing for permitting

24         and funding of a proposed alternative water

25         supply project identified in the relevant

26         approved regional water supply plan; amending

27         s. 373.1961, F.S.; encouraging water management

28         district governing boards to establish

29         revolving loan trust funds for specified

30         purposes; amending s. 373.250, F.S.; limiting

31         water management districts' authority over

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    Florida Senate - 2003                           CS for SB 2316
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 1         reclaimed water; amending s. 373.536, F.S.;

 2         expanding water management districts' budget

 3         reporting requirements; amending s. 378.212,

 4         F.S.; authorizing the granting of a variance

 5         from parts III and IV of ch. 378, F.S., the

 6         Resource Extraction Reclamation Act, and from

 7         part IV of ch. 373, F.S., the Florida Water

 8         Resources Act of 1972, under specified

 9         circumstances; providing an additional

10         circumstance for which a variance may be

11         granted; amending s. 378.404, F.S.; authorizing

12         the Department of Environmental Protection to

13         grant variances from mining reclamation

14         activities under certain conditions; amending

15         s. 403.064, F.S.; providing that conclusions of

16         described reuse feasibility studies shall

17         govern specified permitting decisions and the

18         feasibility of providing reclaimed water for

19         reuse purposes; amending s. 403.1835, F.S.;

20         authorizing the Department of Environmental

21         Protection to make specified deposits for the

22         purpose of enabling below-market interest rate

23         loans for treatment of polluted water; amending

24         s. 403.1837, F.S.; repealing provisions

25         limiting the bonding authority of the Florida

26         Water Pollution Control Financing Corporation;

27         repealing obsolete provisions; providing for a

28         study of the feasibility of discharging

29         reclaimed wastewater into canals in a specified

30         area as an environmentally acceptable means of

31  

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    Florida Senate - 2003                           CS for SB 2316
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 1         accomplishing described objectives; requiring

 2         reports; providing an effective date.

 3  

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

 5  

 6         Section 1.  (1)  The Legislature recognizes that the

 7  proper conservation of water is an important means of

 8  achieving the economic and efficient utilization of water

 9  necessary to constitute a reasonable-beneficial use. The

10  Legislature encourages the development and use of water

11  conservation measures that are effective, flexible, and

12  affordable. In the context of the use of water for public

13  supply provided by a water utility, the Legislature intends

14  for a variety of conservation measures to be available and

15  used to encourage efficient water use. The Legislature finds

16  that the social, economic, and cultural conditions of this

17  state relating to the use of public water supply vary by

18  geographic region, and thus water utilities and water

19  management districts must have the flexibility to tailor water

20  conservation measures to best suit individual circumstances.

21  For purposes of this section, the term "public water supply

22  utility" shall include both publicly-owned and privately-owned

23  public water supply utilities.

24         (2)  In furtherance of the findings in subsection (1),

25  the Department of Environmental Protection shall develop a

26  water conservation guidance manual containing a menu of water

27  conservation measures from which public water supply utilities

28  may select in the development of a comprehensive, goal-based

29  water conservation program tailored for their individual

30  service areas that is effective and does not impose undue

31  costs or burdens on customers. The water conservation guidance

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    Florida Senate - 2003                           CS for SB 2316
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 1  manual shall promote statewide consistency in the approach to

 2  utility conservation, while maintaining appropriate

 3  flexibility. The manual may contain measures such as water

 4  conservation audits; informative billing practices to educate

 5  customers on their patterns of water use, the costs of water,

 6  and ways to conserve water; ordinances requiring low-flow

 7  plumbing fixtures or efficient landscape irrigation; rebate

 8  programs for the installation of water-saving plumbing or

 9  appliances; general water conservation educational programs

10  including bill inserts; measures to promote the more effective

11  and efficient reuse of reclaimed water; water conservation or

12  drought rate structures that encourage customers to conserve

13  water through appropriate price signals; and programs to apply

14  utility profits generated through conservation and drought

15  rates to additional water conservation programs or water

16  supply development. The department shall specifically set

17  forth in the manual that it is the responsibility of the

18  appropriate utility to determine the specific rates it will

19  charge its customers and that the role of the department or

20  water management district is confined to the review of those

21  rate structures to determine whether they encourage water

22  conservation. The department shall also set forth in the water

23  conservation guidance manual that a utility need not adopt a

24  water conservation or drought rate structure if the utility

25  employs other measures that are equally effective or more

26  effective. The manual shall provide for different levels of

27  complexity and expected levels of effort in conservation

28  programs depending on the size of the utility. However, all

29  utilities will be expected to have at least basic programs in

30  each of the following areas:

31  

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 1         (a)  Individual metering, to the extent feasible as

 2  determined by the utility;

 3         (b)  Water accounting and loss control;

 4         (c)  Cost of service accounting;

 5         (d)  Information programs on water conservation; and

 6         (e)  Landscaping water efficiency programs.

 7         (3)  The water conservation guidance manual shall be

 8  developed no later than June 15, 2004. The department shall

 9  develop the manual in consultation with interested parties,

10  which, at a minimum shall include representatives from the

11  water management districts, three utilities that are members

12  of the American Water Works Association, two utilities that

13  are members of the Florida Water Environment Association, a

14  representative of the Florida Chamber of Commerce,

15  representatives of counties and municipalities, and

16  representatives of environmental organizations. The department

17  shall, by December 15, 2004, adopt the water conservation

18  guidance manual by rule. Once the department adopts the water

19  conservation guidance manual by rule, the water management

20  districts may apply the manual in the review of water

21  conservation requirements for obtaining a permit pursuant to

22  part II of chapter 373, Florida Statutes, without the need to

23  adopt the manual pursuant to section 120.54, Florida Statutes.

24  Once the water conservation guidance manual is adopted by

25  rule, a public water supply utility may choose to comply with

26  the standard water conservation requirements adopted by the

27  appropriate water management district for obtaining a

28  consumptive use permit from that district or may choose to

29  develop a goal-based, comprehensive water conservation program

30  from the options contained in the manual. If the utility

31  chooses to design a comprehensive water conservation program

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    Florida Senate - 2003                           CS for SB 2316
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 1  based on the water conservation guidance manual, the proposed

 2  program must include the following:

 3         (a)  An inventory of water system characteristics and

 4  conservation opportunities;

 5         (b)  Demand forecasts;

 6         (c)  An explanation of the proposed program;

 7         (d)  Specific numeric water conservation targets for

 8  the utility as a whole and for appropriate customer classes,

 9  with a justification of why the numeric targets are

10  appropriate based on that utility's particular customer

11  characteristics and conservation opportunities;

12         (e)  A demonstration that the program will promote

13  effective water conservation at least as well as standard

14  water use conservation requirements, adopted by the

15  appropriate water management district; and

16         (f)  A timetable for the utility and the water

17  management district to evaluate progress in meeting the water

18  conservation targets and making needed program modifications.

19         (4)  If the utility provides reasonable assurance that

20  the proposed conservation program is consistent with the water

21  conservation guidance manual and contains the elements above,

22  then the water management district shall approve the proposed

23  program and the program shall satisfy water conservation

24  requirements imposed as a condition to obtaining a permit

25  under part II of chapter 373, Florida Statutes. The

26  department, in consultation with the aforementioned entities,

27  may periodically amend the water conservation guidance manual

28  rule as appropriate to reflect changed circumstances or new

29  technologies or approaches. The findings and provisions in

30  this section shall not be construed to apply to users of water

31  other than public water supply utilities.

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 1         Section 2.  Subsections (2) and (6) of section

 2  373.0361, Florida Statutes, are amended to read:

 3         373.0361  Regional water supply planning.--

 4         (2)  Each regional water supply plan shall be based on

 5  at least a 20-year planning period and shall include, but not

 6  be limited to:

 7         (a)  A water supply development component that

 8  includes:

 9         1.  A quantification of the water supply needs for all

10  existing and reasonably projected future uses within the

11  planning horizon. The level-of-certainty planning goal

12  associated with identifying the water supply needs of existing

13  and future reasonable-beneficial uses shall be based upon

14  meeting those needs for a 1-in-10-year drought event.

15         2.  A list of water source options for water supply

16  development, including traditional and alternative sources,

17  from which local government, government-owned and privately

18  owned utilities, self-suppliers, and others may choose, which

19  will exceed the needs identified in subparagraph 1.

20         3.  For each option listed in subparagraph 2., the

21  estimated amount of water available for use and the estimated

22  costs of and potential sources of funding for water supply

23  development.

24         4.  A list of water supply development projects that

25  meet the criteria in s. 373.0831(4).

26         (b)  A water resource development component that

27  includes:

28         1.  A listing of those water resource development

29  projects that support water supply development.

30         2.  For each water resource development project listed:

31  

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 1         a.  An estimate of the amount of water to become

 2  available through the project.

 3         b.  The timetable for implementing or constructing the

 4  project and the estimated costs for implementing, operating,

 5  and maintaining the project.

 6         c.  Sources of funding and funding needs.

 7         d.  Who will implement the project and how it will be

 8  implemented.

 9         (c)  The recovery and prevention strategy described in

10  s. 373.0421(2).

11         (d)  A funding strategy for water resource development

12  projects, which shall be reasonable and sufficient to pay the

13  cost of constructing or implementing all of the listed

14  projects.

15         (e)  Consideration of how the options addressed in

16  paragraphs (a) and (b) serve the public interest or save costs

17  overall by preventing the loss of natural resources or

18  avoiding greater future expenditures for water resource

19  development or water supply development. However, unless

20  adopted by rule, these considerations do not constitute final

21  agency action.

22         (f)  The technical data and information applicable to

23  the planning region which are contained in the district water

24  management plan and are necessary to support the regional

25  water supply plan.

26         (g)  The minimum flows and levels established for water

27  resources within the planning region.

28         (h)  Reservations of water adopted by rule pursuant to

29  s. 373.223(4).

30         (i)  An analysis, developed in cooperation with the

31  department, of areas or instances in which the variance

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 1  provisions of s. 378.212(1)(g) may be used to create water

 2  supply development or water resource development projects.

 3  Within boundaries of a regional water supply authority in the

 4  Southwest Florida Water Management District, those parts of

 5  the water supply development component of the regional water

 6  supply plan which deal with or affect public utilities and

 7  public water supply shall be developed jointly by such

 8  authority and the district for those areas served by the

 9  authority and its member governments.

10         (6)  Nothing contained in the water supply development

11  component of the district water management plan shall be

12  construed to require local governments, government-owned or

13  privately owned water utilities, self-suppliers, or other

14  water suppliers to select a water supply development option

15  identified in the component merely because it is identified in

16  the plan, nor may the plan be used in the review of permits

17  under part II unless the plan, or applicable portion thereof,

18  has been adopted by rule. However, this subsection shall not

19  be construed to limit the authority of the department or

20  governing board under part II.

21         Section 3.  Subsections (3) and (4) of section

22  373.0831, Florida Statutes, are amended to read:

23         373.0831  Water resource development; water supply

24  development.--

25         (3)  The water management districts shall fund and

26  implement water resource development as defined in s. 373.019.

27  The water management districts are encouraged to implement

28  water resource development as expeditiously as possible in

29  areas subject to regional water supply plans. Each governing

30  board shall include in its annual budget the amount needed for

31  

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    Florida Senate - 2003                           CS for SB 2316
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 1  the fiscal year to implement water resource development

 2  projects, as prioritized in its regional water supply plans.

 3         (4)(a)  Water supply development projects which are

 4  consistent with the relevant regional water supply plans and

 5  which meet one or more of the following criteria shall receive

 6  priority consideration for state or water management district

 7  funding assistance:

 8         1.  The project supports establishment of a dependable,

 9  sustainable supply of water which is not otherwise financially

10  feasible;

11         2.  The project provides substantial environmental

12  benefits by preventing or limiting adverse water resource

13  impacts, but requires funding assistance to be economically

14  competitive with other options; or

15         3.  The project significantly implements reuse,

16  storage, recharge, or conservation of water in a manner that

17  contributes to the sustainability of regional water sources.

18         (b)  Water supply development projects which meet the

19  criteria in paragraph (a) and also bring about replacement of

20  existing sources in order to help implement a minimum flow or

21  level shall be given first consideration for state or water

22  management district funding assistance.

23         (c)  If a proposed alternative water supply development

24  project is identified in the relevant approved regional water

25  supply plan, the project shall receive:

26         1.  A 20-year consumptive use permit, if it otherwise

27  meets the permit requirements under ss. 373.223 and 373.236

28  and rules adopted thereunder.

29         2.  Priority funding pursuant to s. 373.1961(2) with

30  the implementation of the water resource development component

31  of the proposed project.

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 1         Section 4.  Paragraph (a) of subsection (2) of section

 2  373.1961, Florida Statutes, is amended to read:

 3         373.1961  Water production.--

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

 5  of factors, vastly increased demands have been placed on

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

 7  development of alternative water supplies, such demands may

 8  increase in the future. The Legislature also finds that

 9  potential exists in the state for the production of

10  significant quantities of alternative water supplies,

11  including reclaimed water, and that water production includes

12  the development of alternative water supplies, including

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

14  Legislature that utilities develop reclaimed water systems,

15  where reclaimed water is the most appropriate alternative

16  water supply option, to deliver reclaimed water to as many

17  users as possible through the most cost-effective means, and

18  to construct reclaimed water system infrastructure to their

19  owned or operated properties and facilities where they have

20  reclamation capability. It is also the intent of the

21  Legislature that the water management districts which levy ad

22  valorem taxes for water management purposes should share a

23  percentage of those tax revenues with water providers and

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

25  reuse utilities, municipal, industrial, and agricultural water

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

27  supplement other funding sources in the development of

28  alternative water supplies. The Legislature finds that public

29  moneys or services provided to private entities for such uses

30  constitute public purposes which are in the public interest.

31  In order to further the development and use of alternative

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 1  water supply systems, including reclaimed water systems, the

 2  Legislature provides the following:

 3         (a)  The governing boards of the water management

 4  districts where water resource caution areas have been

 5  designated shall include in their annual budgets an amount for

 6  the development of alternative water supply systems, including

 7  reclaimed water systems, pursuant to the requirements of this

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

 9  available to water providers and users no later than December

10  31 of each year, through grants, matching grants, revolving

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

12  the requirements of this subsection and guidelines established

13  by the districts. Without diminishing amounts available

14  through other means described in this paragraph, the governing

15  boards are encouraged to consider establishing revolving loan

16  funds to expand the total funds available to accomplish the

17  objectives of this section.  A revolving loan fund created

18  pursuant to this paragraph shall be a nonlapsing fund from

19  which the water management district may make loans with

20  interest rates below prevailing market rates to public or

21  private entities for the purposes described in this section.

22  The governing boards may adopt resolutions to establish

23  revolving loan funds which shall specify the details of the

24  administration of the fund, the procedures for applying for

25  loans from the fund, the criteria for awarding loans from the

26  fund, the initial capitalization of the fund, and the goals

27  for future capitalization of the fund in subsequent budget

28  years.  Revolving loan funds created pursuant to this

29  paragraph shall be used to expand the total sums and sources

30  of cooperative funding available for the development of

31  alternative water supplies.  The Legislature does not intend

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 1  for the creation of revolving loan trust funds to supplant or

 2  otherwise reduce existing sources or amounts of funds

 3  currently available through other means.

 4         Section 5.  Paragraph (c) is added to subsection (2) of

 5  section 373.250, Florida Statutes, to read:

 6         373.250  Reuse of reclaimed water.--

 7         (2)(a)  For purposes of this section, "uncommitted"

 8  means the average amount of reclaimed water produced during

 9  the three lowest-flow months minus the amount of reclaimed

10  water that a reclaimed water provider is contractually

11  obligated to provide to a customer or user.

12         (b)  Reclaimed water may be presumed available to a

13  consumptive use permit applicant when a utility exists which

14  provides reclaimed water, which has uncommitted reclaimed

15  water capacity, and which has distribution facilities, which

16  are initially provided by the utility at its cost, to the site

17  of the affected applicant's proposed use.

18         (c)  A water management district may require the use of

19  reclaimed water in lieu of surface or groundwater when the use

20  of uncommitted reclaimed water is environmentally,

21  economically, and technically feasible. However, nothing in

22  this paragraph shall be construed to give a water management

23  district the authority to require a provider of reclaimed

24  water to redirect reclaimed water from one user to another, or

25  to provide uncommitted water to a specific user if such water

26  is anticipated to be used by the provider, or a different user

27  selected by the provider, within a reasonable amount of time.

28         Section 6.  Subsection (6) of section 373.536, Florida

29  Statutes, is amended to read:

30         373.536  District budget and hearing thereon.--

31  

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 1         (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS

 2  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--

 3         (a)  Each district must, by the date specified for each

 4  item, furnish copies of the following documents to the

 5  Governor, the President of the Senate, the Speaker of the

 6  House of Representatives, the chairs of all legislative

 7  committees and subcommittees having substantive or fiscal

 8  jurisdiction over the districts, as determined by the

 9  President of the Senate or the Speaker of the House of

10  Representatives as applicable, the secretary of the

11  department, and the governing board of each county in which

12  the district has jurisdiction or derives any funds for the

13  operations of the district:

14         1.  The adopted budget, to be furnished within 10 days

15  after its adoption.

16         2.  A financial audit of its accounts and records, to

17  be furnished within 10 days after its acceptance by the

18  governing board. The audit must be conducted in accordance

19  with the provisions of s. 11.45 and the rules adopted

20  thereunder. In addition to the entities named above, the

21  district must provide a copy of the audit to the Auditor

22  General within 10 days after its acceptance by the governing

23  board.

24         3.  A 5-year capital improvements plan, to be furnished

25  within 45 days after the adoption of the final budget. The

26  plan must include expected sources of revenue for planned

27  improvements and must be prepared in a manner comparable to

28  the fixed capital outlay format set forth in s. 216.043.

29         4.  A 5-year water resource development work program to

30  be furnished within 45 days after the adoption of the final

31  budget. The program must describe the district's

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 1  implementation strategy for the water resource development

 2  component of each approved regional water supply plan

 3  developed or revised under s. 373.0361. The work program must

 4  address all the elements of the water resource development

 5  component in the district's approved regional water supply

 6  plans, and must identify which projects in the work program

 7  will provide water, explain how each water resource

 8  development project will produce additional water available

 9  for consumptive uses, estimate the quantity of water to be

10  produced by each project, and provide an assessment of the

11  contribution of the district's regional water supply plans in

12  providing sufficient water to meet the water supply needs of

13  existing and future reasonable-beneficial uses for a one in

14  ten year drought event. Within 45 days after its submittal,

15  the department shall review the proposed work program and

16  submit its findings, questions, and comments to the district.

17  The review must include a written evaluation of the program's

18  consistency with the furtherance of the district's approved

19  regional water supply plans, and the adequacy of proposed

20  expenditures. As part of the review, the department shall give

21  interested parties the opportunity to provide written comments

22  on each district's proposed work program. Within 60 days after

23  receipt of the department's evaluation, the governing board

24  shall state in writing to the department which changes

25  recommended in the evaluation it will incorporate into its

26  work program or specify the reasons for not incorporating the

27  changes. The department shall include the district's responses

28  in a final evaluation report and shall submit a copy of the

29  report to the Governor, the President of the Senate, and the

30  Speaker of the House of Representatives.

31  

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 1         (b)  If any entity listed in paragraph (a) provides

 2  written comments to the district regarding any document

 3  furnished under this subsection, the district must respond to

 4  the comments in writing and furnish copies of the comments and

 5  written responses to the other entities.

 6         Section 7.  Subsection (1) of section 378.212, Florida

 7  Statutes, is amended to read:

 8         378.212  Variances.--

 9         (1)  Upon application, the secretary may grant a

10  variance from the provisions of this part, part IV, or the

11  rules adopted pursuant thereto. Variances and renewals thereof

12  may be granted for any one of the following reasons:

13         (a)  There is no practicable means known or available

14  to comply with the provisions of this part or the rules

15  adopted pursuant thereto.

16         (b)  Compliance with a particular requirement or

17  requirements from which a variance is sought will necessitate

18  the taking of measures which must be spread over a

19  considerable period of time. A variance granted for this

20  reason shall prescribe a timetable for the taking of the

21  measures required.

22         (c)  To relieve or prevent hardship, including economic

23  hardship, of a kind other than those provided for in

24  paragraphs (a) and (b).

25         (d)  To accommodate specific phosphate mining,

26  processing or chemical plant uses that otherwise would be

27  inconsistent with the requirements of this part.

28         (e)  To provide for an experimental technique that

29  would advance the knowledge of reclamation and restoration

30  methods.

31  

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 1         (f)  To accommodate projects, including those proposing

 2  offsite mitigation, that provide a significant regional

 3  benefit for wildlife and the environment.

 4         (g)  To accommodate reclamation that provides water

 5  supply development or water resource development consistent

 6  with the applicable regional water supply plan approved

 7  pursuant to s. 373.0361, provided that regional water

 8  resources are not adversely affected. A variance may be

 9  granted from the requirements of part IV of chapter 373, and

10  the rules adopted thereunder, when a project provides an

11  improvement in water availability in the basin and does not

12  cause adverse impacts to the water resources in the basin.

13         Section 8.  Subsection (9) is added to section 378.404,

14  Florida Statutes, to read:

15         378.404  Department of Environmental Protection; powers

16  and duties.--The department shall have the following powers

17  and duties:

18         (9)  To grant variances from the provisions of this

19  part to accommodate reclamation that provides for water supply

20  development or water resource development, consistent with the

21  applicable regional water supply plan approved pursuant to s.

22  373.0361, appropriate stormwater management, improved wildlife

23  habitat, recreation, or a mixture thereof, provided that

24  regional water resources and public health and safety are not

25  adversely affected.

26         Section 9.  Subsections (1) and (6) of section 403.064,

27  Florida Statutes, are amended to read:

28         403.064  Reuse of reclaimed water.--

29         (1)  The encouragement and promotion of water

30  conservation, and reuse of reclaimed water, as defined by the

31  department, are state objectives and are considered to be in

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 1  the public interest. The Legislature finds that the reuse of

 2  reclaimed water is a critical component of meeting the state's

 3  existing and future water supply needs while sustaining

 4  natural systems. The Legislature further finds that for those

 5  wastewater treatment plants permitted and operated under an

 6  approved reuse program by the department, the reclaimed water

 7  shall be considered environmentally acceptable and not a

 8  threat to public health and safety. The Legislature encourages

 9  the development of incentive-based programs for reuse

10  implementation.

11         (6)  A reuse feasibility study prepared under

12  subsection (2) satisfies a water management district

13  requirement to conduct a reuse feasibility study imposed on a

14  local government or utility that has responsibility for

15  wastewater management, and the conclusions of the study shall

16  determine the feasibility of providing reclaimed water for

17  reuse under part II of chapter 373.

18         Section 10.  Paragraph (b) of subsection (3) of section

19  403.1835, Florida Statutes, is amended to read:

20         403.1835  Water pollution control financial

21  assistance.--

22         (3)  The department may provide financial assistance

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

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

25  92-500, as amended, including, but not limited to, making

26  grants and loans, providing loan guarantees, purchasing loan

27  insurance or other credit enhancements, and buying or

28  refinancing local debt. This financial assistance must be

29  administered in accordance with this section and applicable

30  federal authorities. The department shall administer all

31  programs operated from funds secured through the activities of

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    Florida Senate - 2003                           CS for SB 2316
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 1  the Florida Water Pollution Control Financing Corporation

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

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

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

 5  to participate in the financial assistance programs authorized

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

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

 8  available to them to repay any funds borrowed. Notwithstanding

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

10  institutions that earn less than the prevailing rate for

11  United States Treasury securities with corresponding

12  maturities for the purpose of enabling such financial

13  institutions to make below-market interest rate loans to

14  entities qualified to receive loans under this section and the

15  rules of the department.

16         Section 11.  Subsection (6) of section 403.1837,

17  Florida Statutes, is amended to read:

18         403.1837  Florida Water Pollution Control Financing

19  Corporation.--

20         (6)  The corporation may issue and incur notes, bonds,

21  certificates of indebtedness, or other obligations or

22  evidences of indebtedness payable from and secured by amounts

23  received from payment of loans and other moneys received by

24  the corporation, including, but not limited to, amounts

25  payable to the corporation by the department under a service

26  contract entered into under subsection (5). The corporation

27  may not issue bonds in excess of an amount authorized by

28  general law or an appropriations act except to refund

29  previously issued bonds. The corporation may issue bonds in

30  amounts not exceeding $50 million in fiscal year 2000-2001,

31  $75 million in fiscal year 2001-2002, and $100 million in

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    Florida Senate - 2003                           CS for SB 2316
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 1  fiscal year 2002-2003. The proceeds of the bonds may be used

 2  for the purpose of providing funds for projects and activities

 3  provided for in subsection (1) or for refunding bonds

 4  previously issued by the corporation. The corporation may

 5  select a financing team and issue obligations through

 6  competitive bidding or negotiated contracts, whichever is most

 7  cost-effective. Any such indebtedness of the corporation does

 8  not constitute a debt or obligation of the state or a pledge

 9  of the faith and credit or taxing power of the state.

10         Section 12.  The Legislature finds that, within the

11  area identified in the Lower East Coast Regional Water Supply

12  Plan approved by the South Florida Water Management District

13  pursuant to section 373.0361, Florida Statutes, the

14  groundwater levels can benefit from augmentation. The

15  Legislature finds that the direct or indirect discharge of

16  reclaimed water into canals and the aquifer system for

17  transport and subsequent reuse may provide an environmentally

18  acceptable means to augment water supplies and enhance natural

19  systems; however, the Legislature also recognizes that there

20  are water quality and water quantity issues that must be

21  better understood and resolved. In addition, there are cost

22  savings possible by collocating enclosed conduits for

23  conveyance of water for reuse in this area within canal

24  rights-of-way that should be investigated. Toward that end,

25  the Department of Environmental Protection, in consultation

26  with the South Florida Water Management District, Southeast

27  Florida utilities, affected local governments, including local

28  governments with principal responsibility for the operation

29  and maintenance of a water control system capable of conveying

30  reclaimed wastewater for reuse, representatives of the

31  environmental and engineering communities, public health

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    Florida Senate - 2003                           CS for SB 2316
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 1  professionals, and individuals having expertise in water

 2  quality, shall conduct a study to investigate the feasibility

 3  of discharging reclaimed wastewater into canals and the

 4  aquifer system as an environmentally acceptable means of

 5  augmenting groundwater supplies, enhancing natural systems,

 6  and conveying reuse water within enclosed conduits within the

 7  canal right-of-way. The study shall include an assessment of

 8  the water quality, water supply, public health, technical, and

 9  legal implications related to the canal discharge and

10  collocation concepts. The department shall issue a preliminary

11  written report containing draft findings and recommendations

12  for public comment by November 1, 2003. The department shall

13  provide a written report on the results of its study to the

14  Governor and the substantive committees of the House of

15  Representatives and the Senate by January 31, 2004. Nothing in

16  this section shall be used to alter the purpose of the

17  Comprehensive Everglades Restoration Plan or the

18  implementation of the Water Resources Development Act of 2000.

19         Section 13.  This act shall take effect upon becoming a

20  law.

21  

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    Florida Senate - 2003                           CS for SB 2316
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 2316

 3                                 

 4  The committee substitute for Senate Bill 2316 revises water
    conservation guidance manual requirements.
 5  
    It adds the following provisions:
 6  
    -Authorizes a water management district to require the use of
 7  reclaimed water where environmentally, economically, and
    technically feasible.
 8  
    -Requires that water management districts' work programs
 9  provide additional information relating to water resource
    development programs.
10  
    -Authorizes DEP to grant mining reclamation variances to
11  accommodate reclamation that provides for water supply
    development or water resource development, appropriate
12  stormwater management, improved wildlife habitat, recreation,
    or a mixture thereof, provided that regional water resources
13  and public health and safety are not adversely affected.

14  -Removes the cap on the issuance of bonds by the Florida Water
    Pollution Control Finance Authority to fund projects under the
15  Clean Water State Revolving Fund.

16  It also deletes the following provisions from the bill:

17  -Prohibiting the state or a water management district from
    regulating water produced by domestic wastewater treatment
18  facilities.

19  -Requiring that the water management districts identify
    projects that produce additional water for consumptive use in
20  their annual budget submissions.

21  -Exemptions from "Local Sources First" requirements for
    utilities implementing water supply development using
22  alternative sources, or implementing other recovery measures.

23  -Longer duration permits for applicants that implement and
    provide reasonable assurance and effective and efficient
24  conservation measures.

25  -Permittee compliance with declaration of water shortages or
    emergencies with the right to challenge such a declaration.
26  
    -Limiting the authority of a water management district to
27  require a utility to grant reclaimed water.

28  -Requirements that reuse feasibility studies will govern
    permitting decisions under chapter 403 and chapter 373, F.S.
29  
    "Water resource development project" under the Florida Forever
30  program does not include the construction of potable water
    treatment facilities.
31  

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