Senate Bill sb2758c1

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    Florida Senate - 2003                           CS for SB 2758

    By the Committee on Natural Resources; and Senator Dockery





    312-2499-03

  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         163.3167, F.S.; requiring local governments to

  4         include projected water use in comprehensive

  5         plans; amending s. 367.081, F.S.; providing for

  6         the recovery of costs of alternative water

  7         supply facilities; amending s. 367.0814, F.S.;

  8         revising limit on the amount of revenues

  9         received by a utility to qualify for staff

10         assistance in changing rates or charges;

11         amending s. 373.0361, F.S.; providing for a

12         public workshop in the development of regional

13         water supply plans; including the consideration

14         of population projections; providing for a list

15         of water source options in regional water

16         supply plans; providing for conservation

17         measures in regional water supply plans;

18         amending s. 373.1961, F.S.; providing for

19         funding for certain water management districts;

20         providing funding priorities; providing

21         conditions for certain projects to receive

22         funding assistance; amending s. 373.223, F.S.;

23         requiring the Department of Environmental

24         Protection and the water management districts

25         to submit reports to the Legislature; creating

26         s. 373.2234, F.S.; providing for preferred

27         water supply sources; authorizing water

28         management districts to adopt rules; providing

29         legislative findings and intent with regard to

30         landscape irrigation design; authorizing water

31         management districts to adopt rules; amending

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    Florida Senate - 2003                           CS for SB 2758
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 1         s. 403.064, F.S.; providing for metering use of

 2         reclaimed water and volume-based rates

 3         therefor; requiring wastewater utilities to

 4         submit plans for metering use and volume-based

 5         rate structures to the department; creating s.

 6         403.0645, F.S.; providing for reclaimed water

 7         use at state facilities; requiring reports;

 8         providing an effective date.

 9  

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

11  

12         Section 1.  Subsection (13) is added to section

13  163.3167, Florida Statutes, to read:

14         163.3167  Scope of act.--

15         (13)  Each local government shall address in its

16  comprehensive plan, as enumerated in this chapter, the water

17  supply projects necessary to meet and achieve the existing and

18  projected water use demand for the established planning

19  period, considering the applicable plan developed pursuant to

20  s. 373.0361.

21         Section 2.  Subsection (2) of section 367.081, Florida

22  Statutes, is amended to read:

23         367.081  Rates; procedure for fixing and changing.--

24         (2)(a)1.  The commission shall, either upon request or

25  upon its own motion, fix rates which are just, reasonable,

26  compensatory, and not unfairly discriminatory.  In every such

27  proceeding, the commission shall consider the value and

28  quality of the service and the cost of providing the service,

29  which shall include, but not be limited to, debt interest; the

30  requirements of the utility for working capital; maintenance,

31  depreciation, tax, and operating expenses incurred in the

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    Florida Senate - 2003                           CS for SB 2758
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 1  operation of all property used and useful in the public

 2  service; and a fair return on the investment of the utility in

 3  property used and useful in the public service. Pursuant to s.

 4  373.1961(2)(k), the commission shall allow recovery of the

 5  full, prudently incurred costs of alternative water supply

 6  facilities. However, the commission shall not allow the

 7  inclusion of contributions-in-aid-of-construction in the rate

 8  base of any utility during a rate proceeding, nor shall the

 9  commission impute prospective future

10  contributions-in-aid-of-construction against the utility's

11  investment in property used and useful in the public service;

12  and accumulated depreciation on such

13  contributions-in-aid-of-construction shall not be used to

14  reduce the rate base, nor shall depreciation on such

15  contributed assets be considered a cost of providing utility

16  service.

17         2.  For purposes of such proceedings, the commission

18  shall consider utility property, including land acquired or

19  facilities constructed or to be constructed within a

20  reasonable time in the future, not to exceed 24 months after

21  the end of the historic base year used to set final rates

22  unless a longer period is approved by the commission, to be

23  used and useful in the public service, if:

24         a.  Such property is needed to serve current customers;

25         b.  Such property is needed to serve customers 5 years

26  after the end of the test year used in the commission's final

27  order on a rate request as provided in subsection (6) at a

28  growth rate for equivalent residential connections not to

29  exceed 5 percent per year; or

30         c.  Such property is needed to serve customers more

31  than 5 full years after the end of the test year used in the

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    Florida Senate - 2003                           CS for SB 2758
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 1  commission's final order on a rate request as provided in

 2  subsection (6) only to the extent that the utility presents

 3  clear and convincing evidence to justify such consideration.

 4  

 5  Notwithstanding the provisions of this paragraph, the

 6  commission shall approve rates for service which allow a

 7  utility to recover from customers the full amount of

 8  environmental compliance costs. Such rates may not include

 9  charges for allowances for funds prudently invested or similar

10  charges. For purposes of this requirement, the term

11  "environmental compliance costs" includes all reasonable

12  expenses and fair return on any prudent investment incurred by

13  a utility in complying with the requirements or conditions

14  contained in any permitting, enforcement, or similar decisions

15  of the United States Environmental Protection Agency, the

16  Department of Environmental Protection, a water management

17  district, or any other governmental entity with similar

18  regulatory jurisdiction.

19         (b)  In establishing initial rates for a utility, the

20  commission may project the financial and operational data as

21  set out in paragraph (a) to a point in time when the utility

22  is expected to be operating at a reasonable level of capacity.

23         Section 3.  Subsection (1) of section 367.0814, Florida

24  Statutes, is amended to read:

25         367.0814  Staff assistance in changing rates and

26  charges; interim rates.--

27         (1)  The commission may establish rules by which a

28  water or wastewater utility whose gross annual revenues are

29  $200,000 $150,000 or less may request and obtain staff

30  assistance for the purpose of changing its rates and charges.

31  

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    Florida Senate - 2003                           CS for SB 2758
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 1  A utility may request staff assistance by filing an

 2  application with the commission.

 3         Section 4.  Subsections (1), (2), (5), and (6) of

 4  section 373.0361, Florida Statutes, are amended to read:

 5         373.0361  Regional water supply planning.--

 6         (1)  By October 1, 1998, the governing board shall

 7  initiate water supply planning for each water supply planning

 8  region identified in the district water management plan under

 9  s. 373.036, where it determines that sources of water are not

10  adequate for the planning period to supply water for all

11  existing and projected reasonable-beneficial uses and to

12  sustain the water resources and related natural systems. The

13  planning must be conducted in an open public process, in

14  coordination and cooperation with local governments, regional

15  water supply authorities, government-owned and privately owned

16  water utilities, self-suppliers, and other affected and

17  interested parties. During development, but prior to

18  completion of the regional water supply plan, the district

19  must conduct at least one public workshop to discuss the

20  technical data and modeling tools anticipated to be used to

21  support the plan. A determination by the governing board that

22  initiation of a regional water supply plan for a specific

23  planning region is not needed pursuant to this section shall

24  be subject to s. 120.569.  The governing board shall

25  reevaluate such a determination at least once every 5 years

26  and shall initiate a regional water supply plan, if needed,

27  pursuant to this subsection.

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

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

30  be limited to:

31  

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    Florida Senate - 2003                           CS for SB 2758
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 1         (a)  A water supply development component that

 2  includes:

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

 4  existing and reasonably projected future uses within the

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

 6  associated with identifying the water supply needs of existing

 7  and future reasonable-beneficial uses shall be based upon

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

 9  Population projections used for determining public water

10  supply needs shall be based upon the best available data. In

11  determining the best available data, the district shall

12  consider the University of Florida's Bureau of Economic and

13  Business Research (BEBR) medium population projections and any

14  population projection data and analysis submitted by a local

15  government pursuant to the public process described in

16  subsection (1), where such data and analysis supports the

17  local government's comprehensive plan. Any adjustment or

18  deviation from the BEBR projections shall be fully described

19  and the original BEBR data shall be presented along with the

20  adjusted data.

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

22  development, including traditional and alternative source

23  options sources, from which local government, government-owned

24  and privately owned utilities, self-suppliers, and others may

25  choose, for water supply development the total capacity of

26  which will, in conjunction with water conservation and other

27  demand management measures, exceed the needs identified in

28  subparagraph 1.

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

30  estimated amount of water available for use and the estimated

31  

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    Florida Senate - 2003                           CS for SB 2758
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 1  costs of and potential sources of funding for water supply

 2  development.

 3         4.  A list of water supply development projects that

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

 5         (b)  A water resource development component that

 6  includes:

 7         1.  A listing of those water resource development

 8  projects that support water supply development.

 9         2.  For each water resource development project listed:

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

11  available through the project.

12         b.  The timetable for implementing or constructing the

13  project and the estimated costs for implementing, operating,

14  and maintaining the project.

15         c.  Sources of funding and funding needs.

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

17  implemented.

18         (c)  The recovery and prevention strategy described in

19  s. 373.0421(2).

20         (d)  A funding strategy for water resource development

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

22  cost of constructing or implementing all of the listed

23  projects.

24         (e)  Consideration of how the options addressed in

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

26  overall by preventing the loss of natural resources or

27  avoiding greater future expenditures for water resource

28  development or water supply development. However, unless

29  adopted by rule, these considerations do not constitute final

30  agency action.

31  

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    Florida Senate - 2003                           CS for SB 2758
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 1         (f)  The technical data and information applicable to

 2  the planning region which are contained in the district water

 3  management plan and are necessary to support the regional

 4  water supply plan.

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

 6  resources within the planning region.

 7         (h)  An analysis, developed in cooperation with the

 8  department, of areas or instances in which the variance

 9  provisions of s. 378.212(1)(g) or s. 378.404 may be used to

10  create water supply development or water resource development

11  projects.

12  

13  Within the boundaries of a regional water supply authority,

14  the water supply development component of the regional water

15  supply plan relating to the use of water by the authority

16  shall be developed jointly by such authority and the district.

17         (5)  By November 15, 1997, and Annually, and in

18  conjunction with the reporting requirements of s.

19  373.536(6)(a)4. thereafter, the department shall submit to the

20  Governor and the Legislature a report on the status of

21  regional water supply planning in each district.  The report

22  shall include:

23         (a)  A compilation of the estimated costs of and

24  potential sources of funding for water resource development

25  and water supply development projects, as identified in the

26  water management district regional water supply plans.

27         (b)  A description of each district's progress toward

28  achieving its water resource development objectives, as

29  directed by s. 373.0831(3), including the district's

30  implementation of its 5-year water resource development work

31  program.

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    Florida Senate - 2003                           CS for SB 2758
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 1         (c)  An assessment of the overall progress being made

 2  to develop water supply that is consistent with regional water

 3  supply plans to meet existing and future reasonable,

 4  beneficial needs during a 1-in-10-year drought.

 5         (6)  Nothing contained in the water supply development

 6  component of the district water management plan shall be

 7  construed to require local governments, government-owned or

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

 9  water suppliers to select a water supply development option

10  identified in the component merely because it is identified in

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

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

13  has been adopted by rule.  However, this subsection does not

14  prohibit a water management district from employing the data

15  or other information used to establish the plan in reviewing

16  permits under part II nor shall it not be construed to limit

17  the authority of the department or governing board under part

18  II.

19         Section 5.  Subsection (2) of section 373.1961, Florida

20  Statutes, is amended to read:

21         373.1961  Water production.--

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

23  of factors, vastly increased demands have been placed on

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

25  development of alternative water supplies, such demands may

26  increase in the future.  The Legislature also finds that

27  potential exists in the state for the production of

28  significant quantities of alternative water supplies,

29  including reclaimed water, and that water production includes

30  the development of alternative water supplies, including

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

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    Florida Senate - 2003                           CS for SB 2758
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 1  the Legislature that utilities develop reclaimed water

 2  systems, where reclaimed water is the most appropriate

 3  alternative water supply option, to deliver reclaimed water to

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

 5  means, and to construct reclaimed water system infrastructure

 6  to their owned or operated properties and facilities where

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

 8  Legislature that the water management districts which levy ad

 9  valorem taxes for water management purposes should share a

10  percentage of those tax revenues with water providers and

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

12  reuse utilities, municipal, industrial, and agricultural water

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

14  supplement other funding sources in the development of

15  alternative water supplies. The Legislature finds that public

16  moneys or services provided to private entities for such uses

17  constitute public purposes which are in the public interest.

18  In order to further the development and use of alternative

19  water supply systems, including reclaimed water systems, the

20  Legislature provides the following:

21         (a)  The governing boards of the water management

22  districts where water resource caution areas have been

23  designated shall include in their annual budgets an amount for

24  the development of alternative water supply systems, including

25  reclaimed water systems, pursuant to the requirements of this

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

27  available to water providers and users no later than December

28  31 of each year, through grants, matching grants, revolving

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

30  the requirements of this subsection and guidelines established

31  

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 1  by the districts. In making grants or loans, funding priority

 2  shall be given to projects in accordance with s. 373.0831(4).

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

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

 5  funds pursuant to this subsection, the appropriate

 6  rate-setting authorities should develop rate structures for

 7  all water, wastewater, and reclaimed water and other

 8  alternative water supply utilities in the service area of the

 9  funded utility, which accomplish the following:

10         1.  Provide meaningful progress toward the development

11  and implementation of alternative water supply systems,

12  including reclaimed water systems;

13         2.  Promote the conservation of fresh water withdrawn

14  from natural systems;

15         3.  Provide for an appropriate distribution of costs

16  for all water, wastewater, and alternative water supply

17  utilities, including reclaimed water utilities, among all of

18  the users of those utilities; and

19         4.  Prohibit rate discrimination within classes of

20  utility users.

21         (c)  Funding assistance provided by the water

22  management districts for a water reuse system project shall

23  include the following grant or loan conditions for that

24  project when the water management district determines such

25  conditions will encourage water use efficiency:

26         1.  Metering of reclaimed water use for the following

27  activities:  residential irrigation, agricultural irrigation,

28  industrial uses except for electric utilities as defined in s.

29  366.02(2), golf course irrigation, landscape irrigation,

30  irrigation of other public access areas, commercial and

31  

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 1  institutional uses such as toilet flushing, and transfers to

 2  other reclaimed water utilities.

 3         2.  Implementation of reclaimed water rate structures

 4  based on actual use of reclaimed water for the types of reuse

 5  activities listed in subparagraph 1.

 6         3.  Implementation of education programs to inform the

 7  public about water issues, water conservation, and the

 8  importance and proper use of reclaimed water.

 9         4.  Development of location data for key reuse

10  facilities.

11         (d)(c)  In order to be eligible for funding pursuant to

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

13  government comprehensive plan and the governing body of the

14  local government must require all appropriate new facilities

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

16  project's alternative water supplies.  The appropriate local

17  government must provide written notification to the

18  appropriate district that the proposed project is consistent

19  with the local government comprehensive plan.

20         (e)(d)  Any and all revenues disbursed pursuant to this

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

22  infrastructure costs for the construction of alternative water

23  supply systems that provide alternative water supplies.

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

25  shall make available written guidelines for the disbursal of

26  revenues pursuant to this subsection.  Such guidelines shall

27  include at minimum:

28         1.  An application process and a deadline for filing

29  applications annually.

30  

31  

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 1         2.  A process for determining project eligibility

 2  pursuant to the requirements of paragraphs (d) (c) and (e)

 3  (d).

 4         3.  A process and criteria for funding projects

 5  pursuant to this subsection that cross district boundaries or

 6  that serve more than one district.

 7         (g)(f)  The governing board of each water management

 8  district shall establish an alternative water supplies grants

 9  advisory committee to recommend to the governing board

10  projects for funding pursuant to this subsection.  The

11  advisory committee members shall include, but not be limited

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

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

14  limited to, representatives of agricultural interests and

15  environmental interests.  Each committee member shall

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

17  represent any specific entity.  The committee shall apply the

18  guidelines and project eligibility criteria established by the

19  governing board in reviewing proposed projects. After one or

20  more hearings to solicit public input on eligible projects,

21  the committee shall rank the eligible projects and shall

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

23  The advisory committee may submit to the governing board more

24  projects than the available grant money would fund.

25         (h)(g)  All revenues made available annually pursuant

26  to this subsection must be encumbered annually by the

27  governing board if it approves projects sufficient to expend

28  the available revenues. Funds must be disbursed within 36

29  months after encumbrance.

30         (i)(h)  For purposes of this subsection, alternative

31  water supplies are supplies of water that have been reclaimed

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 1  after one or more public supply, municipal, industrial,

 2  commercial, or agricultural uses, or are supplies of

 3  stormwater, or brackish or salt water, that have been treated

 4  in accordance with applicable rules and standards sufficient

 5  to supply the intended use.

 6         (j)(i)  This subsection shall not be subject to the

 7  rulemaking requirements of chapter 120.

 8         (k)(j)  By January 30 of each year, each water

 9  management district shall submit an annual report to the

10  Governor, the President of the Senate, and the Speaker of the

11  House of Representatives which accounts for the disbursal of

12  all budgeted amounts pursuant to this subsection. Such report

13  shall describe all projects funded and shall account

14  separately for moneys provided through grants, matching

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

16  facilities.

17         (l)(k)  The Florida Public Service Commission shall

18  allow entities under its jurisdiction constructing alternative

19  water supply facilities, including but not limited to aquifer

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

21  incurred cost of such facilities through their rate structure.

22  Every component of an alternative water supply facility

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

24  current rates.

25         Section 6.  Subsection (5) is added to section 373.223,

26  Florida Statutes, to read:

27         373.223  Conditions for a permit.--

28         (5)  The Legislature finds that the issuance of

29  consumptive use permits has a direct relation to efficient and

30  effective water resource development. The Legislature further

31  finds that the management of consumptive use permits has a

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 1  direct relation to efficient and effective water supply

 2  development. To help identify the changes necessary to better

 3  utilize these permits, the Legislature directs that the

 4  Department of Environmental Protection and each water

 5  management district submit recommendations to the appropriate

 6  substantive committees of each house of the Legislature. The

 7  recommendations shall identify alternative methods of

 8  extending the use of existing water resources, including, but

 9  not limited to, the potential rights of existing permitholders

10  to share water allocated under a consumptive use permit. The

11  department and the districts are encouraged to use public

12  hearings to gather information and shall include information

13  provided by basin boards and regional water supply

14  authorities.

15         Section 7.  Section 373.2234, Florida Statutes, is

16  created to read:

17         373.2234  Preferred water supply sources.--The

18  governing board of the district is authorized to adopt rules

19  identifying preferred water supply sources for which there is

20  sufficient data to establish that the source can be used to

21  provide a substantial new water supply to meet existing and

22  reasonably anticipated water needs in a water supply planning

23  region identified pursuant to s. 373.0361(1), while sustaining

24  the water resources and related natural systems. Such rules

25  shall, at a minimum, contain a description of the source and

26  an assessment of the water the source is projected to produce.

27  If a consumptive use permit applicant proposes to use such a

28  source consistent with the assessment, the proposed use shall

29  be subject to the provisions of s. 373.223(1) but such

30  proposed use shall be a factor deemed to be consistent with

31  the public interest pursuant to s. 373.223(1)(c). A

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 1  consumptive use permit issued approving the use of such a

 2  source shall be for at least 20 years and may be subject to

 3  the provisions of s. 373.226(3). However, nothing in this

 4  section shall be construed to provide that the use of

 5  nonpreferred sources must receive a permit duration of less

 6  than 20 years or that such nonpreferred sources are not

 7  consistent with the public interest.

 8         Section 8.  Landscape irrigation design.--

 9         (1)  The Legislature finds that multiple areas

10  throughout the state have been identified by water management

11  districts as water resource caution areas, which indicates

12  that water demand in those areas will, in the near future,

13  exceed the current available water supply and that

14  conservation is one of the mechanisms by which future water

15  demand will be met.

16         (2)  The Legislature finds that landscape irrigation

17  comprises a significant portion of water use and the current

18  typical landscape irrigation system and xeriscape designs

19  offer significant potential water conservation benefits.

20         (3)  It is the intent of the Legislature to improve

21  landscape irrigation water use efficiency by ensuring that

22  landscape irrigation systems meet or exceed minimum design

23  criteria.

24         (4)  Each water management district shall develop and

25  adopt by rule landscape irrigation and xeriscape design

26  standards for new construction which incorporates a landscape

27  irrigation system. The standards shall be based on the

28  irrigation code defined in the Florida Building Code,

29  Plumber's Volume, Appendix F. Such design standards should

30  promote the effective and efficient use of irrigation water

31  and include a consideration of local demographic, hydrologic,

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 1  and other considerations as they apply to landscape irrigation

 2  water use. Local governments, when adopting an ordinance or

 3  regulation, shall use these approved irrigation design

 4  standards.

 5         (5)  Each water management district shall work with the

 6  Florida Chapter of the American Society of Landscape

 7  Architects, the Florida Irrigation Society, the Florida

 8  Nursery and Growers Association, the Department of Agriculture

 9  and Consumer Services, the Institute of Food and Agricultural

10  Sciences, the Department of Environmental Protection, the

11  Florida League of Cities, and the Florida Association of

12  Counties to develop scientifically based model guidelines for

13  urban, commercial, and residential landscape irrigation,

14  including drip irrigation, for plants, trees, sod, and other

15  landscaping. Local governments shall use the scientific

16  information when developing a landscape irrigation ordinance

17  or guidelines. Every 3 years, the foregoing agencies and

18  entities shall review the model guidelines to determine

19  whether new research findings require a change or modification

20  of the guidelines.

21         Section 9.  Subsection (6) of section 403.064, Florida

22  Statutes, is amended and subsection (16) is added to that

23  section, to read:

24         403.064  Reuse of reclaimed water.--

25         (6)  A reuse feasibility study prepared under

26  subsection (2) satisfies a water management district

27  requirement to conduct a reuse feasibility study imposed on a

28  local government or utility that has responsibility for

29  wastewater management and the conclusions of the study shall

30  be given significant consideration in an analysis of the

31  feasibility of providing reclaimed water for reuse under part

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    Florida Senate - 2003                           CS for SB 2758
    312-2499-03




 1  II of chapter 373. A water management district shall not

 2  require a separate study when a reuse feasibility study has

 3  been completed under subsection (2).

 4         (16)  Utilities implementing reuse projects are

 5  encouraged, except in the case of use by electric utilities

 6  defined in s. 366.02(2), to meter use of reclaimed water by

 7  all end users and to charge for the use of reclaimed water

 8  based on the actual volume used when such metering and charges

 9  can be shown to encourage water conservation. Metering and the

10  use of volume-based rates are effective water management tools

11  for the following reuse activities:  residential irrigation,

12  agricultural irrigation, industrial uses, golf course

13  irrigation, landscape irrigation, irrigation of other public

14  access areas, commercial and institutional uses such as toilet

15  flushing, and transfers to other reclaimed water utilities.

16  Beginning with the submittal due on January 1, 2004, each

17  domestic wastewater utility that provides reclaimed water for

18  the reuse activities listed in this section shall include a

19  summary of its metering and rate structure as part of its

20  annual reuse report to the department.

21         Section 10.  Section 403.0645, Florida Statutes, is

22  created to read:

23         403.0645  Reclaimed water use at state facilities.--

24         (1)  The encouragement and promotion of reuse of

25  reclaimed water has been established as a state objective in

26  ss. 373.250 and 403.064. Reuse has become an integral part of

27  water and wastewater management in Florida, and Florida is

28  recognized as a national leader in water reuse.

29         (2)  The state and various state agencies and water

30  management districts should take a leadership role in using

31  reclaimed water in lieu of other water sources. Use of

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    Florida Senate - 2003                           CS for SB 2758
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 1  reclaimed water by state agencies and facilities will conserve

 2  potable water and will serve an important public education

 3  function.

 4         (3)  All state agencies and water management districts

 5  are directed to use reclaimed water to the greatest extent

 6  practicable for landscape irrigation, toilet flushing,

 7  aesthetic features such as decorative ponds and fountains,

 8  cooling water, and other useful purposes allowed by department

 9  rules at state facilities, including, but not limited to,

10  parks, rest areas, visitor welcome centers, buildings, college

11  campuses, and other facilities.

12         (4)  Each state agency and water management district

13  shall submit to the Secretary of Environmental Protection by

14  February 1 of each year a summary of activities designed to

15  utilize reclaimed water at its facilities along with a summary

16  of the amounts of reclaimed water actually used for beneficial

17  purposes.

18         Section 11.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                           CS for SB 2758
    312-2499-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2758

 3                                 

 4  The committee substitute provides that in local comprehensive
    plans, local governments must address water supply projects
 5  necessary to meet and achieve existing and projected water
    use.  The PSC is authorized to allow the recovery of
 6  alternative water supply facilities and is authorized to
    provide assistance to additional small water utilities
 7  requesting rate setting assistance. The committee substitute
    provides additional responsibilities for the water management
 8  districts when developing regional water supply plans, and
    creates funding priority for grants and loans for projects
 9  using alternative sources of water.

10  The committee substitute directs the DEP and the water
    management districts to submit recommendations to the
11  Legislature to identify alternative methods of extending the
    use of existing water resources.  The governing boards of the
12  water management districts are authorized to adopt rules to
    identify preferred water supply sources.  Longer term permits
13  are authorized for consumptive use permit applicants proposing
    to use preferred water supply sources.  The committee
14  substitute creates new provisions to regulate Landscape
    Irrigation Design, encourages utilities to meter and charge
15  for reclaimed water based on the actual volume used, and
    mandates that state agencies use reclaimed water whenever
16  possible.

17  The committee substitute removes provisions of the original
    bill authorizing the PSC to set water conservation or drought
18  rates; requiring that preference be given to consumptive use
    permit applicants that have adopted water conservation rates
19  to promote water use efficiency; and permit variances for
    reclamation projects that provide water supply development or
20  water resource development.

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