Senate Bill sb1104

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1104

    By Senator Dockery





    15-787-04

  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; creating s. 373.2234, F.S.; authorizing

  6         the governing board of a water management

  7         district to adopt rules identifying certain

  8         preferred water supply sources; providing

  9         requirements with respect to such rules;

10         providing construction; amending s. 373.250,

11         F.S.; authorizing water management districts to

12         require the use of reclaimed water in lieu of

13         surface or groundwater when the use of

14         uncommitted reclaimed water is environmentally,

15         economically, and technically feasible;

16         providing construction with respect to such

17         authority; providing legislative findings and

18         intent with regard to landscape irrigation

19         design; requiring water management districts to

20         develop landscape irrigation and xeriscape

21         design standards; providing an effective date.

22  

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

24  

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

26  163.3167, Florida Statutes, to read:

27         163.3167  Scope of act.--

28         (13)  Each local government shall address in its

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

30  supply projects necessary to meet and achieve the existing and

31  projected water use demand for the established planning

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1104
    15-787-04




 1  period, considering the applicable plan developed pursuant to

 2  s. 373.0361.

 3         Section 2.  Section 373.2234, Florida Statutes, is

 4  created to read:

 5         373.2234  Preferred water supply sources.--The

 6  governing board of the district is authorized to adopt rules

 7  identifying preferred water supply sources for which there is

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

 9  provide a substantial new water supply to meet existing and

10  reasonably anticipated water needs in a water supply planning

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

12  the water resources and related natural systems. Such rules

13  must, at a minimum, contain a description of the source and an

14  assessment of the water the source is projected to produce. If

15  a consumptive use permit applicant proposes to use such a

16  source consistent with the assessment, the proposed use is

17  subject to s. 373.223(1), but such proposed use shall be a

18  factor deemed to be consistent with the public interest

19  pursuant to s. 373.223(1)(c). A consumptive use permit issued

20  approving the use of such a source is valid for at least 20

21  years and may be subject to s. 373.226(3). However, this

22  section does not require that the use of nonpreferred sources

23  receive a permit duration of less than 20 years nor imply that

24  such nonpreferred sources are not consistent with the public

25  interest.

26         Section 3.  Paragraph (c) is added to subsection (2) of

27  section 373.250, Florida Statutes, to read:

28         373.250  Reuse of reclaimed water.--

29         (2)

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

31  reclaimed water in lieu of surface water or groundwater when

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1104
    15-787-04




 1  the use of uncommitted reclaimed water is environmentally,

 2  economically, and technically feasible. However, this

 3  paragraph does not authorize a water management district to

 4  require a provider of reclaimed water to redirect reclaimed

 5  water from one user to another or to provide uncommitted water

 6  to a specific user if such water is anticipated to be used by

 7  the provider, or a different user selected by the provider,

 8  within a reasonable amount of time.

 9         Section 4.  Landscape irrigation design.--

10         (1)  The Legislature finds that multiple areas

11  throughout the state have been identified by water management

12  districts as water resource caution areas, which indicates

13  that in the near future water demand in those areas will

14  exceed the current available water supply and that

15  conservation is one of the mechanisms by which future water

16  demand will be met.

17         (2)  The Legislature finds that landscape irrigation

18  comprises a significant portion of water use and that the

19  current typical landscape irrigation system and xeriscape

20  designs offer significant potential water conservation

21  benefits.

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

23  landscape irrigation water use efficiency by ensuring that

24  landscape irrigation systems meet or exceed minimum design

25  criteria.

26         (4)  The water management districts shall develop and

27  adopt by rule landscape irrigation and xeriscape design

28  standards for new construction which incorporate a landscape

29  irrigation system. The standards must be based on the

30  irrigation code defined in the Florida Building Code,

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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1104
    15-787-04




 1  promote the effective and efficient use of irrigation water

 2  and include a consideration of local demographic, hydrologic,

 3  and other considerations as they apply to landscape irrigation

 4  water use. When adopting an ordinance or regulation, local

 5  governments shall use these approved irrigation design

 6  standards.

 7         (5)  The water management districts shall work with the

 8  Florida Chapter of the American Society of Landscape

 9  Architects, the Florida Irrigation Society, the Florida

10  Nurserymen and Growers Association, the Department of

11  Agriculture and Consumer Services, the Institute of Food and

12  Agricultural Sciences, the Department of Environmental

13  Protection, the Florida League of Cities, and the Florida

14  Association of Counties to develop scientifically-based model

15  guidelines for urban, commercial, and residential landscape

16  irrigation, including drip irrigation, for plants, trees, sod,

17  and other landscaping. Local governments shall use the

18  scientific information when developing landscape irrigation

19  ordinances or guidelines. Every 3 years, the  agencies and

20  entities specified in this subsection shall review the model

21  guidelines to determine whether new research findings require

22  a change or modification of the guidelines. 

23         Section 5.  This act shall take effect upon becoming a

24  law and shall apply to all contracts pending on that date.

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1104
    15-787-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires local governments to include projected water use
      in comprehensive plans. Authorizes the governing board of
 4    a water management district to adopt rules identifying
      certain preferred water supply sources. Provides
 5    requirements with respect to such rules. Provides
      construction. Authorizes water management districts to
 6    require the use of reclaimed water in lieu of surface or
      groundwater when the use of uncommitted reclaimed water
 7    is environmentally, economically, and technically
      feasible. Provides construction with respect to such
 8    authority. Provides for applicability.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.