Senate Bill sb1142c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                    CS for CS for SB 1142

    By the Committees on Appropriations; Natural Resources; and
    Senator Dockery




    309-2380-04

  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         159.803, F.S.; revising the definition of

  4         "priority project"; creating s. 373.227, F.S.;

  5         requiring the development of a comprehensive

  6         statewide water conservation program for public

  7         water supply; establishing the purposes of the

  8         program; requiring the creation of a

  9         clearinghouse or inventory to provide an

10         integrated database for information on public

11         water supply conservation programs; authorizing

12         public water supply utilities to propose

13         goal-based water conservation plans with

14         measurable goals; providing that goal-based

15         water conservation plans that are developed by

16         public water supply utilities and that provide

17         reasonable assurance of achieving water

18         conservation at least as well as conservation

19         requirements adopted by the appropriate water

20         management district meet water conservation

21         requirements imposed as a condition of

22         obtaining a consumptive use permit; requiring

23         the submission of a report by the Department of

24         Environmental Protection; providing rulemaking

25         authority to the Department of Environmental

26         Protection and the water management districts;

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

28         public workshop on the development of regional

29         water supply plans that include the

30         consideration of population projections;

31         providing for a list of water source options in

                                  1

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1         regional water supply plans; providing

 2         additional regional water supply plan

 3         components; including conservation measures in

 4         regional water supply plans; revising specified

 5         reporting requirements of the Department of

 6         Environmental Protection; providing that a

 7         district water management plan may not be used

 8         as criteria for the review of permits for

 9         consumptive uses of water unless the plan or

10         applicable portion thereof has been adopted by

11         rule; providing construction; amending s.

12         373.0831, F.S.; revising the criteria by which

13         water supply development projects may receive

14         priority consideration for funding assistance;

15         providing for permitting and funding of a

16         proposed alternative water supply project

17         identified in the relevant approved regional

18         water supply plan; amending s. 373.1961, F.S.;

19         providing funding priority; providing for the

20         establishment of a revolving loan fund for

21         alternative water supply projects; providing

22         conditions for certain projects to receive

23         funding assistance; amending s. 373.536, F.S.;

24         expanding requirements of the 5-year water

25         resource development work program for water

26         management districts; amending s. 403.064,

27         F.S.; revising provisions relating to reuse

28         feasibility studies; providing for metering use

29         of reclaimed water and volume-based rates

30         therefor; requiring wastewater utilities to

31         submit plans for metering use and volume-based

                                  2

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1         rate structures to the department; creating s.

 2         403.0645, F.S.; requiring certain uses of

 3         reclaimed water at state facilities; requiring

 4         state agencies and water management districts

 5         to submit to the Secretary of Environmental

 6         Protection periodic reports concerning

 7         reclaimed water use; amending s. 403.1835,

 8         F.S.; authorizing the Department of

 9         Environmental Protection to make specified

10         deposits for the purpose of enabling

11         below-market interest rate loans for treatment

12         of polluted water; providing for a study of the

13         feasibility of discharging reclaimed wastewater

14         into canals and the aquifer system in a

15         specified area as an environmentally acceptable

16         means of accomplishing described objectives;

17         requiring reports; providing an appropriation;

18         providing an effective date.

19  

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

21  

22         Section 1.  Subsection (5) of section 159.803, Florida

23  Statutes, is amended to read:

24         159.803  Definitions.--As used in this part, the term:

25         (5)  "Priority project" means a solid waste disposal

26  facility or a sewage facility, as such terms are defined in s.

27  142 of the Code, or water facility, as defined in s. 142 of

28  the Code, which is operated by a member-owned, not-for-profit

29  utility, or any project which is to be located in an area

30  which is an enterprise zone designated pursuant to s.

31  290.0065.

                                  3

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1         Section 2.  Section 373.227, Florida Statutes, is

 2  created to read:

 3         373.227  Water conservation; legislative findings;

 4  legislative intent; objectives; comprehensive statewide water

 5  conservation program requirements.--

 6         (1)  The Legislature recognizes that the proper

 7  conservation of water is an important means of achieving the

 8  economical and efficient utilization of water necessary, in

 9  part, to constitute a reasonable-beneficial use. The overall

10  water conservation goal of the state is to prevent and reduce

11  wasteful, uneconomical, impractical, or unreasonable use of

12  water resources. The Legislature finds that the social,

13  economic, and cultural conditions of the state relating to the

14  use of public water supply vary by service area and that

15  public water supply utilities must have the flexibility to

16  tailor water conservation measures to best suit their

17  individual circumstances. The Legislature encourages the use

18  of efficient, effective, and affordable water conservation

19  measures. Where water is provided by a public water supply

20  utility, the Legislature intends that a variety of

21  conservation measures be made available and used to encourage

22  efficient water use. To achieve these conservation objectives,

23  the state should emphasize goal-based, accountable, tailored,

24  and measurable water conservation programs for public water

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

26  supply utility" includes both publicly owned and privately

27  owned public water supply utilities that sell potable water on

28  a retail basis to end users.

29         (2)  To implement the findings in subsection (1), the

30  department, in cooperation with the water management districts

31  and other stakeholders, shall develop a comprehensive

                                  4

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  statewide water conservation program for public water supply.

 2  The program should:

 3         (a)  Encourage utilities to implement water

 4  conservation programs that are economically efficient,

 5  effective, affordable, and appropriate;

 6         (b)  Allow no reduction in and increase, where

 7  possible, utility-specific water conservation effectiveness

 8  over current programs;

 9         (c)  Be goal-based, accountable, measurable, and

10  implemented collaboratively with water suppliers, water users,

11  and water management agencies;

12         (d)  Include cost and benefit data on individual water

13  conservation practices to assist in tailoring practices to be

14  effective for the unique characteristics of particular utility

15  service areas, focusing upon cost-effective measures;

16         (e)  Use standardized public water supply conservation

17  definitions and standardized quantitative and qualitative

18  performance measures for an overall system of assessing and

19  benchmarking the effectiveness of water conservation programs

20  and practices;

21         (f)  Create a clearinghouse or inventory for water

22  conservation programs and practices available to public water

23  supply utilities which will provide an integrated statewide

24  database for the collection, evaluation, and dissemination of

25  quantitative and qualitative information on public water

26  supply conservation programs and practices and their

27  effectiveness. The clearinghouse or inventory should have

28  technical assistance capabilities to aid in the design,

29  refinement, and implementation of water conservation programs

30  and practices. The clearinghouse or inventory shall also

31  

                                  5

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  provide for continual assessment of the effectiveness of water

 2  conservation programs and practices;

 3         (g)  Develop a standardized water conservation planning

 4  process for utilities; and

 5         (h)  Develop and maintain a Florida-specific water

 6  conservation guidance document containing a menu of affordable

 7  and effective water conservation practices to assist public

 8  water supply utilities in the design and implementation of

 9  goal-based, utility-specific water conservation plans tailored

10  for their individual service areas as provided in subsection

11  (4).

12         (3)  Regarding the use of water conservation or drought

13  rate structures as a conservation practice, a water management

14  district shall afford a public water supply utility wide

15  latitude in selecting a rate structure and shall limit its

16  review to whether the utility has provided reasonable

17  assurance that the rate structure contains a schedule of rates

18  designed to promote efficient use of water by providing

19  economic incentives. A water management district shall not fix

20  or revise rates.

21         (4)  As part of an application for a consumptive use

22  permit, a public water supply utility may propose a goal-based

23  water conservation plan that is tailored to its individual

24  circumstances. Progress towards goals must be measurable. If

25  the utility provides reasonable assurance that the plan will

26  achieve effective water conservation at least as well as the

27  water conservation requirements adopted by the appropriate

28  water management district and is otherwise consistent with s.

29  373.223, the district must approve the plan that shall satisfy

30  water conservation requirements imposed as a condition of

31  obtaining a consumptive use permit.  The conservation measures

                                  6

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  included in an approved goal-based water conservation plan may

 2  be reviewed periodically and updated as needed to ensure

 3  efficient water use for the duration of the permit.  If the

 4  plan fails to meet the water conservation goal or goals by the

 5  timeframes specified in the permit, the public water supply

 6  utility shall revise the plan to address the deficiency or

 7  employ the water conservation requirements that would

 8  otherwise apply in the absence of an approved goal-based plan.

 9         (5)  By December 1, 2005, the department shall submit a

10  written report to the President of the Senate, the Speaker of

11  the House of Representatives, and the appropriate substantive

12  committees of the Senate and the House of Representatives on

13  the progress made in implementing the comprehensive statewide

14  water conservation program for public water supply required by

15  this section. The report must include any statutory changes

16  and funding requests necessary for the continued development

17  and implementation of the program.

18         (6)  The department or a water management district may

19  adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out

20  the purposes of this section.

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

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

23         373.0361  Regional water supply planning.--

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

25  initiate water supply planning for each water supply planning

26  region identified in the district water management plan under

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

28  adequate for the planning period to supply water for all

29  existing and projected reasonable-beneficial uses and to

30  sustain the water resources and related natural systems. The

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

                                  7

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  coordination and cooperation with local governments, regional

 2  water supply authorities, government-owned and privately owned

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

 4  interested parties. During development but prior to completion

 5  of the regional water supply plan, the district must conduct

 6  at least one public workshop to discuss the technical data and

 7  modeling tools anticipated to be used to support the plan. A

 8  determination by the governing board that initiation of a

 9  regional water supply plan for a specific planning region is

10  not needed pursuant to this section shall be subject to s.

11  120.569. The governing board shall reevaluate such a

12  determination at least once every 5 years and shall initiate a

13  regional water supply plan, if needed, pursuant to this

14  subsection.

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

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

17  be limited to:

18         (a)  A water supply development component that

19  includes:

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

21  existing and reasonably projected future uses within the

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

23  associated with identifying the water supply needs of existing

24  and future reasonable-beneficial uses shall be based upon

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

26  Population projections used for determining public water

27  supply needs must be based upon the best available data. In

28  determining the best available data, the district shall

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

30  Business Research (BEBR) medium population projections and any

31  population projection data and analysis submitted by a local

                                  8

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  government pursuant to the public workshop described in

 2  subsection (1) if the data and analysis support the local

 3  government's comprehensive plan. Any adjustment of or

 4  deviation from the BEBR projections must be fully described,

 5  and the original BEBR data must be presented along with the

 6  adjusted data.

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

 8  development, including traditional and alternative source

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

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

11  choose, for water supply development, the total capacity of

12  which will, in conjunction with water conservation and other

13  demand management measures, exceed the needs identified in

14  subparagraph 1.

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

16  estimated amount of water available for use and the estimated

17  costs of and potential sources of funding for water supply

18  development.

19         4.  A list of water supply development projects that

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

21         (b)  A water resource development component that

22  includes:

23         1.  A listing of those water resource development

24  projects that support water supply development.

25         2.  For each water resource development project listed:

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

27  available through the project.

28         b.  The timetable for implementing or constructing the

29  project and the estimated costs for implementing, operating,

30  and maintaining the project.

31         c.  Sources of funding and funding needs.

                                  9

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




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

 2  implemented.

 3         (c)  The recovery and prevention strategy described in

 4  s. 373.0421(2).

 5         (d)  A funding strategy for water resource development

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

 7  cost of constructing or implementing all of the listed

 8  projects.

 9         (e)  Consideration of how the options addressed in

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

11  overall by preventing the loss of natural resources or

12  avoiding greater future expenditures for water resource

13  development or water supply development. However, unless

14  adopted by rule, these considerations do not constitute final

15  agency action.

16         (f)  The technical data and information applicable to

17  the planning region which are contained in the district water

18  management plan and are necessary to support the regional

19  water supply plan.

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

21  resources within the planning region.

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

23  s. 373.223(4).

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

25  department, of areas or instances in which the variance

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

27  create water supply development or water resource development

28  projects.

29  

30  Within the boundaries of a regional water supply authority in

31  the Southwest Florida Water Management District, the water

                                  10

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  supply development component of the regional water supply plan

 2  relating to the use of water by the authority shall be

 3  developed jointly by the authority and the district.

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

 5  conjunction with the reporting requirements of s.

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

 7  Governor and the Legislature a report on the status of

 8  regional water supply planning in each district. The report

 9  shall include:

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

11  potential sources of funding for water resource development

12  and water supply development projects, as identified in the

13  water management district regional water supply plans.

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

15  achieving its water resource development objectives, as

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

17  implementation of its 5-year water resource development work

18  program.

19         (c)  An assessment of the overall progress being made

20  to develop water supply that is consistent with regional water

21  supply plans to meet existing and future reasonable-beneficial

22  needs during a 1-in-10-year drought.

23         (6)  Nothing contained in the water supply development

24  component of the district water management plan shall be

25  construed to require local governments, government-owned or

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

27  water suppliers to select a water supply development option

28  identified in the component merely because it is identified in

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

30  under part II unless the plan, or an applicable portion

31  thereof, has been adopted by rule. However, this subsection

                                  11

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  does not prohibit a water management district from employing

 2  the data or other information used to establish the plan in

 3  reviewing permits under part II, nor does it shall not be

 4  construed to limit the authority of the department or

 5  governing board under part II.

 6         Section 4.  Subsection (3) of section 373.0831, Florida

 7  Statutes, is amended, and paragraph (c) is added to subsection

 8  (4) of that section, to read:

 9         373.0831  Water resource development; water supply

10  development.--

11         (3)  The water management districts shall fund and

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

13  The water management districts are encouraged to implement

14  water resource development as expeditiously as possible in

15  areas subject to regional water supply plans. Each governing

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

17  the fiscal year to implement water resource development

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

19         (4)

20         (c)  If a proposed alternative water supply development

21  project is identified in the relevant approved regional water

22  supply plan, the project shall receive:

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

24  meets the permit requirements under ss. 373.223 and 373.236

25  and rules adopted thereunder.

26         2.  Consideration for priority funding pursuant to s.

27  373.1961(2) if the project meets one of the criteria in this

28  subsection.

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

30  Statutes, is amended to read:

31         373.1961  Water production.--

                                  12

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




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

 2  of factors, vastly increased demands have been placed on

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

 4  development of alternative water supplies, such demands may

 5  increase in the future. The Legislature also finds that

 6  potential exists in the state for the production of

 7  significant quantities of alternative water supplies,

 8  including reclaimed water, and that water production includes

 9  the development of alternative water supplies, including

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

11  Legislature that utilities develop reclaimed water systems,

12  where reclaimed water is the most appropriate alternative

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

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

15  to construct reclaimed water system infrastructure to their

16  owned or operated properties and facilities where they have

17  reclamation capability. It is also the intent of the

18  Legislature that the water management districts which levy ad

19  valorem taxes for water management purposes should share a

20  percentage of those tax revenues with water providers and

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

22  reuse utilities, municipal, industrial, and agricultural water

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

24  supplement other funding sources in the development of

25  alternative water supplies. The Legislature finds that public

26  moneys or services provided to private entities for such uses

27  constitute public purposes which are in the public interest.

28  In order to further the development and use of alternative

29  water supply systems, including reclaimed water systems, the

30  Legislature provides the following:

31  

                                  13

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1         (a)  The governing boards of the water management

 2  districts where water resource caution areas have been

 3  designated shall include in their annual budgets an amount for

 4  the development of alternative water supply systems, including

 5  reclaimed water systems, pursuant to the requirements of this

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

 7  available to water providers and users no later than December

 8  31 of each year, through grants, matching grants, revolving

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

10  the requirements of this subsection and guidelines established

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

12  must be given to projects in accordance with s. 373.0831(4).

13  Without diminishing amounts available through other means

14  described in this paragraph, the governing boards are

15  encouraged to consider establishing revolving loan funds to

16  expand the total funds available to accomplish the objectives

17  of this section. A revolving loan fund created under this

18  paragraph must be a nonlapsing fund from which the water

19  management district may make loans with interest rates below

20  prevailing market rates to public or private entities for the

21  purposes described in this section. The governing board may

22  adopt resolutions to establish revolving loan funds which must

23  specify the details of the administration of the fund, the

24  procedures for applying for loans from the fund, the criteria

25  for awarding loans from the fund, the initial capitalization

26  of the fund, and the goals for future capitalization of the

27  fund in subsequent budget years. Revolving loan funds created

28  under this paragraph must be used to expand the total sums and

29  sources of cooperative funding available for the development

30  of alternative water supplies. The Legislature does not intend

31  for the creation of revolving loan funds to supplant or

                                  14

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  otherwise reduce existing sources or amounts of funds

 2  currently available through other means.

 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 may

23  include the following grant or loan conditions for that

24  project if the water management district determines that 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), landscape irrigation, irrigation of other public

30  access areas, commercial and institutional uses such as toilet

31  flushing, and transfers to other reclaimed water utilities.

                                  15

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1         2.  Implementation of reclaimed water rate structures

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

 3  activities listed in subparagraph 1.

 4         3.  Implementation of education programs to inform the

 5  public about water issues, water conservation, and the

 6  importance and proper use of reclaimed water.

 7         4.  Development of location data for key reuse

 8  facilities.

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

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

11  government comprehensive plan and the governing body of the

12  local government must require all appropriate new facilities

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

14  project's alternative water supplies. The appropriate local

15  government must provide written notification to the

16  appropriate district that the proposed project is consistent

17  with the local government comprehensive plan.

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

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

20  infrastructure costs for the construction of alternative water

21  supply systems that provide alternative water supplies.

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

23  shall make available written guidelines for the disbursal of

24  revenues pursuant to this subsection. Such guidelines shall

25  include at minimum:

26         1.  An application process and a deadline for filing

27  applications annually.

28         2.  A process for determining project eligibility

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

30  (d).

31  

                                  16

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1         3.  A process and criteria for funding projects

 2  pursuant to this subsection that cross district boundaries or

 3  that serve more than one district.

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

 5  district shall establish an alternative water supplies grants

 6  advisory committee to recommend to the governing board

 7  projects for funding pursuant to this subsection. The advisory

 8  committee members shall include, but not be limited to, one or

 9  more representatives of county, municipal, and investor-owned

10  private utilities, and may include, but not be limited to,

11  representatives of agricultural interests and environmental

12  interests. Each committee member shall represent his or her

13  interest group as a whole and shall not represent any specific

14  entity. The committee shall apply the guidelines and project

15  eligibility criteria established by the governing board in

16  reviewing proposed projects. After one or more hearings to

17  solicit public input on eligible projects, the committee shall

18  rank the eligible projects and shall submit them to the

19  governing board for final funding approval. The advisory

20  committee may submit to the governing board more projects than

21  the available grant money would fund.

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

23  to this subsection must be encumbered annually by the

24  governing board if it approves projects sufficient to expend

25  the available revenues. Funds must be disbursed within 36

26  months after encumbrance.

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

28  water supplies are supplies of water that have been reclaimed

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

30  commercial, or agricultural uses, or are supplies of

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

                                  17

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  in accordance with applicable rules and standards sufficient

 2  to supply the intended use.

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

 4  rulemaking requirements of chapter 120.

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

 6  management district shall submit an annual report to the

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

 8  House of Representatives which accounts for the disbursal of

 9  all budgeted amounts pursuant to this subsection. Such report

10  shall describe all projects funded and shall account

11  separately for moneys provided through grants, matching

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

13  facilities.

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

15  allow entities under its jurisdiction constructing alternative

16  water supply facilities, including but not limited to aquifer

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

18  incurred cost of such facilities through their rate structure.

19  Every component of an alternative water supply facility

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

21  current rates.

22         Section 6.  Paragraph (a) of subsection (6) of section

23  373.536, Florida Statutes, is amended to read:

24         373.536  District budget and hearing thereon.--

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

26  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--

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

28  item, furnish copies of the following documents to the

29  Governor, the President of the Senate, the Speaker of the

30  House of Representatives, the chairs of all legislative

31  committees and subcommittees having substantive or fiscal

                                  18

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  jurisdiction over the districts, as determined by the

 2  President of the Senate or the Speaker of the House of

 3  Representatives as applicable, the secretary of the

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

 5  the district has jurisdiction or derives any funds for the

 6  operations of the district:

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

 8  after its adoption.

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

10  be furnished within 10 days after its acceptance by the

11  governing board. The audit must be conducted in accordance

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

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

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

15  General within 10 days after its acceptance by the governing

16  board.

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

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

19  plan must include expected sources of revenue for planned

20  improvements and must be prepared in a manner comparable to

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

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

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

24  budget. The program must describe the district's

25  implementation strategy for the water resource development

26  component of each approved regional water supply plan

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

28  address all the elements of the water resource development

29  component in the district's approved regional water supply

30  plans and must identify which projects in the work program

31  will provide water, explain how each water resource

                                  19

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  development project will produce additional water available

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

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

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

 5  providing sufficient water to meet the water supply needs of

 6  existing and future reasonable-beneficial uses for a 1-in-10-

 7  year drought event. Within 45 days after its submittal, the

 8  department shall review the proposed work program and submit

 9  its findings, questions, and comments to the district. The

10  review must include a written evaluation of the program's

11  consistency with the furtherance of the district's approved

12  regional water supply plans, and the adequacy of proposed

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

14  interested parties the opportunity to provide written comments

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

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

17  shall state in writing to the department which changes

18  recommended in the evaluation it will incorporate into its

19  work program or specify the reasons for not incorporating the

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

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

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

23  Speaker of the House of Representatives.

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

25  written comments to the district regarding any document

26  furnished under this subsection, the district must respond to

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

28  written responses to the other entities.

29         Section 7.  Subsections (1) and (6) of section 403.064,

30  Florida Statutes, are amended, and subsection (16) is added to

31  that section, to read:

                                  20

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1         403.064  Reuse of reclaimed water.--

 2         (1)  The encouragement and promotion of water

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

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

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

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

 7  existing and future water supply needs while sustaining

 8  natural systems. The Legislature further finds that for those

 9  wastewater treatment plants permitted and operated under an

10  approved reuse program by the department, the reclaimed water

11  shall be considered environmentally acceptable and not a

12  threat to public health and safety. The Legislature encourages

13  the development of incentive-based programs for reuse

14  implementation.

15         (6)  A reuse feasibility study prepared under

16  subsection (2) satisfies a water management district

17  requirement to conduct a reuse feasibility study imposed on a

18  local government or utility that has responsibility for

19  wastewater management. The data included in the study and the

20  conclusions of the study must be given significant

21  consideration by the applicant and the appropriate water

22  management district in an analysis of the economic,

23  environmental, and technical feasibility of providing

24  reclaimed water for reuse under part II of chapter 373 and

25  must be presumed relevant to the determination of feasibility.

26  A water management district may not require a separate study

27  when a reuse feasibility study has been completed under

28  subsection (2).

29         (16)  Utilities implementing reuse projects are

30  encouraged, except in the case of use by electric utilities as

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

                                  21

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




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

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

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

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

 5  for the following reuse activities: residential irrigation,

 6  agricultural irrigation, industrial uses, landscape

 7  irrigation, irrigation of other public access areas,

 8  commercial and institutional uses such as toilet flushing, and

 9  transfers to other reclaimed water utilities. Beginning with

10  the submittal due on January 1, 2005, each domestic wastewater

11  utility that provides reclaimed water for the reuse activities

12  listed in this section shall include a summary of its metering

13  and rate structure as part of its annual reuse report to the

14  department.

15         Section 8.  Section 403.0645, Florida Statutes, is

16  created to read:

17         403.0645  Reclaimed water use at state facilities.--

18         (1)  The encouragement and promotion of reuse of

19  reclaimed water has been established as a state objective in

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

21  water and wastewater management in Florida, and Florida is

22  recognized as a national leader in water reuse.

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

24  management districts should take a leadership role in using

25  reclaimed water in lieu of other water sources. The use of

26  reclaimed water by state agencies and facilities will conserve

27  potable water and will serve an important public education

28  function.

29         (3)  Each state agency and water management district

30  shall use reclaimed water to the greatest extent practicable

31  for landscape irrigation, toilet flushing, aesthetic features

                                  22

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  such as decorative ponds and fountains, cooling water, and

 2  other useful purposes allowed by department rules at state

 3  facilities, including, but not limited to, parks, rest areas,

 4  visitor welcome centers, buildings, college campuses, and

 5  other facilities.

 6         (4)  Each state agency and water management district

 7  shall submit to the Secretary of Environmental Protection by

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

 9  utilize reclaimed water at its facilities along with a summary

10  of the amounts of reclaimed water actually used for beneficial

11  purposes.

12         Section 9.  Paragraph (b) of subsection (3) of section

13  403.1835, Florida Statutes, is amended to read:

14         403.1835  Water pollution control financial

15  assistance.--

16         (3)  The department may provide financial assistance

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

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

19  92-500, as amended, including, but not limited to, making

20  grants and loans, providing loan guarantees, purchasing loan

21  insurance or other credit enhancements, and buying or

22  refinancing local debt. This financial assistance must be

23  administered in accordance with this section and applicable

24  federal authorities. The department shall administer all

25  programs operated from funds secured through the activities of

26  the Florida Water Pollution Control Financing Corporation

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

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

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

30  to participate in the financial assistance programs authorized

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

                                  23

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




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

 2  available to them to repay any funds borrowed. Notwithstanding

 3  s. 17.57, the department may make deposits to financial

 4  institutions which earn less than the prevailing rate for

 5  United States Treasury securities with corresponding

 6  maturities for the purpose of enabling such financial

 7  institutions to make below-market interest rate loans to

 8  entities qualified to receive loans under this section and the

 9  rules of the department.

10         Section 10.  The Legislature finds that within the area

11  identified in the Lower East Coast Regional Water Supply Plan

12  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, cost savings may

22  be possible by collocating enclosed conduits for conveyance of

23  water for reuse in this area within canal rights-of-way which

24  should be investigated. The Department of Environmental

25  Protection, in consultation with the South Florida Water

26  Management District, southeast Florida utilities, affected

27  local governments, including local governments with principal

28  responsibility for the operation and maintenance of a water

29  control system capable of conveying reclaimed wastewater for

30  reuse, representatives of the environmental and engineering

31  communities, public health professionals, and individuals who

                                  24

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1  have expertise in water quality, shall conduct a study to

 2  investigate the feasibility of discharging reclaimed

 3  wastewater into canals and the aquifer system as an

 4  environmentally acceptable means of augmenting groundwater

 5  supplies, enhancing natural systems, and conveying reuse water

 6  within enclosed conduits within the canal right-of-way. In the

 7  event any discharges are made as part of the study, such

 8  discharges must comply with applicable federal, state, and

 9  local law, including applicable regulations.  The study must

10  include an assessment of the water quality, water supply,

11  public health, technical, and legal implications related to

12  the canal discharge and collocation concepts. The department

13  shall issue a preliminary written report containing draft

14  findings and recommendations for public comment by November 1,

15  2005. The department shall provide a written report on the

16  results of its study, including public comments received, to

17  the Governor and the relevant substantive committees of the

18  Senate and the House of Representatives by January 31, 2006.

19  This section may not be used to alter the purpose of the

20  Comprehensive Everglades Restoration Plan or the

21  implementation of the Water Resources Development Act of 2000.

22         Section 11.  For the 2004-2005 fiscal year, $200,000

23  from nonrecurring General Revenue is appropriated to the

24  Department of Environmental Protection for the purpose of

25  conducting a feasibilty study on discharging reclaimed

26  wastewater in the canals and aquifer in South Florida.

27         Section 12.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

                                  25

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






    Florida Senate - 2004                    CS for CS for SB 1142
    309-2380-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1142

 3                                 

 4  The committee substitute:

 5  (1) Provides an appropriation for the 2004-2005 fiscal year of
    $200,000 in non-recurring general revenue to fund the South
 6  Florida feasibility study.

 7  (2) Clarifies that the feasibility study for augmentation of
    groundwater supplies in South Florida must meet applicable
 8  federal and state standards.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  26

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