Senate Bill sb1142e2

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    CS for CS for SB 1142                         Second Engrossed



  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


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 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


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 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. 403.121, F.S.;

 8         conforming administrative penalties assessed

 9         against certain public water systems to federal

10         regulations; amending s. 403.1835, F.S.;

11         authorizing the Department of Environmental

12         Protection to make specified deposits for the

13         purpose of enabling below-market interest rate

14         loans for treatment of polluted water;

15         providing for a study of the feasibility of

16         discharging reclaimed wastewater into canals

17         and the aquifer system in a specified area as

18         an environmentally acceptable means of

19         accomplishing described objectives; requiring

20         reports; providing an effective date.

21  

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

23  

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

25  Statutes, is amended to read:

26         159.803  Definitions.--As used in this part, the term:

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

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

29  142 of the Code, or water facility, as defined in s. 142 of

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

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


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 1  which is an enterprise zone designated pursuant to s.

 2  290.0065.

 3         Section 2.  Section 373.227, Florida Statutes, is

 4  created to read:

 5         373.227  Water conservation; legislative findings;

 6  legislative intent; objectives; comprehensive statewide water

 7  conservation program requirements.--

 8         (1)  The Legislature recognizes that the proper

 9  conservation of water is an important means of achieving the

10  economical and efficient utilization of water necessary, in

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

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

13  wasteful, uneconomical, impractical, or unreasonable use of

14  water resources. The Legislature finds that the social,

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

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

17  public water supply utilities must have the flexibility to

18  tailor water conservation measures to best suit their

19  individual circumstances. The Legislature encourages the use

20  of efficient, effective, and affordable water conservation

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

22  utility, the Legislature intends that a variety of

23  conservation measures be made available and used to encourage

24  efficient water use. To achieve these conservation objectives,

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

26  and measurable water conservation programs for public water

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

28  supply utility" includes both publicly owned and privately

29  owned public water supply utilities that sell potable water on

30  a retail basis to end users.

31  


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

 2  department, in cooperation with the water management districts

 3  and other stakeholders, shall develop a comprehensive

 4  statewide water conservation program for public water supply.

 5  The program should:

 6         (a)  Encourage utilities to implement water

 7  conservation programs that are economically efficient,

 8  effective, affordable, and appropriate;

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

10  possible, utility-specific water conservation effectiveness

11  over current programs;

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

13  implemented collaboratively with water suppliers, water users,

14  and water management agencies;

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

16  conservation practices to assist in tailoring practices to be

17  effective for the unique characteristics of particular utility

18  service areas, focusing upon cost-effective measures;

19         (e)  Use standardized public water supply conservation

20  definitions and standardized quantitative and qualitative

21  performance measures for an overall system of assessing and

22  benchmarking the effectiveness of water conservation programs

23  and practices;

24         (f)  Create a clearinghouse or inventory for water

25  conservation programs and practices available to public water

26  supply utilities which will provide an integrated statewide

27  database for the collection, evaluation, and dissemination of

28  quantitative and qualitative information on public water

29  supply conservation programs and practices and their

30  effectiveness. The clearinghouse or inventory should have

31  technical assistance capabilities to aid in the design,


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 1  refinement, and implementation of water conservation programs

 2  and practices. The clearinghouse or inventory shall also

 3  provide for continual assessment of the effectiveness of water

 4  conservation programs and practices;

 5         (g)  Develop a standardized water conservation planning

 6  process for utilities; and

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

 8  conservation guidance document containing a menu of affordable

 9  and effective water conservation practices to assist public

10  water supply utilities in the design and implementation of

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

12  for their individual service areas as provided in subsection

13  (4).

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

15  rate structures as a conservation practice, a water management

16  district shall afford a public water supply utility wide

17  latitude in selecting a rate structure and shall limit its

18  review to whether the utility has provided reasonable

19  assurance that the rate structure contains a schedule of rates

20  designed to promote efficient use of water by providing

21  economic incentives. A water management district shall not fix

22  or revise rates.

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

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

25  water conservation plan that is tailored to its individual

26  circumstances. Progress towards goals must be measurable. If

27  the utility provides reasonable assurance that the plan will

28  achieve effective water conservation at least as well as the

29  water conservation requirements adopted by the appropriate

30  water management district and is otherwise consistent with s.

31  373.223, the district must approve the plan which shall


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 1  satisfy water conservation requirements imposed as a condition

 2  of obtaining a consumptive use permit.  The conservation

 3  measures included in an approved goal-based water conservation

 4  plan may be reviewed periodically and updated as needed to

 5  ensure efficient water use for the duration of the permit.  If

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

 7  the timeframes specified in the permit, the public water

 8  supply utility shall revise the plan to address the deficiency

 9  or employ the water conservation requirements that would

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

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

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

13  the House of Representatives, and the appropriate substantive

14  committees of the Senate and the House of Representatives on

15  the progress made in implementing the comprehensive statewide

16  water conservation program for public water supply required by

17  this section. The report must include any statutory changes

18  and funding requests necessary for the continued development

19  and implementation of the program.

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

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

22  the purposes of this section.

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

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

25         373.0361  Regional water supply planning.--

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

27  initiate water supply planning for each water supply planning

28  region identified in the district water management plan under

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

30  adequate for the planning period to supply water for all

31  existing and projected reasonable-beneficial uses and to


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 1  sustain the water resources and related natural systems. The

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

 3  coordination and cooperation with local governments, regional

 4  water supply authorities, government-owned and privately owned

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

 6  interested parties. During development but prior to completion

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

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

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

10  determination by the governing board that initiation of a

11  regional water supply plan for a specific planning region is

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

13  120.569. The governing board shall reevaluate such a

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

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

16  subsection.

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

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

19  be limited to:

20         (a)  A water supply development component that

21  includes:

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

23  existing and reasonably projected future uses within the

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

25  associated with identifying the water supply needs of existing

26  and future reasonable-beneficial uses shall be based upon

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

28  Population projections used for determining public water

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

30  determining the best available data, the district shall

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


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 1  Business Research (BEBR) medium population projections and any

 2  population projection data and analysis submitted by a local

 3  government pursuant to the public workshop described in

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

 5  government's comprehensive plan. Any adjustment of or

 6  deviation from the BEBR projections must be fully described,

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

 8  adjusted data.

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

10  development, including traditional and alternative source

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

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

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

14  which will, in conjunction with water conservation and other

15  demand management measures, exceed the needs identified in

16  subparagraph 1.

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

18  estimated amount of water available for use and the estimated

19  costs of and potential sources of funding for water supply

20  development.

21         4.  A list of water supply development projects that

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

23         (b)  A water resource development component that

24  includes:

25         1.  A listing of those water resource development

26  projects that support water supply development.

27         2.  For each water resource development project listed:

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

29  available through the project.

30  

31  


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 1         b.  The timetable for implementing or constructing the

 2  project and the estimated costs for implementing, operating,

 3  and maintaining the project.

 4         c.  Sources of funding and funding needs.

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

 6  implemented.

 7         (c)  The recovery and prevention strategy described in

 8  s. 373.0421(2).

 9         (d)  A funding strategy for water resource development

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

11  cost of constructing or implementing all of the listed

12  projects.

13         (e)  Consideration of how the options addressed in

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

15  overall by preventing the loss of natural resources or

16  avoiding greater future expenditures for water resource

17  development or water supply development. However, unless

18  adopted by rule, these considerations do not constitute final

19  agency action.

20         (f)  The technical data and information applicable to

21  the planning region which are contained in the district water

22  management plan and are necessary to support the regional

23  water supply plan.

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

25  resources within the planning region.

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

27  s. 373.223(4).

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

29  department, of areas or instances in which the variance

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

31  


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 1  create water supply development or water resource development

 2  projects.

 3  

 4  The water supply development component of a regional water

 5  supply plan which deals with or affects public utilities and

 6  public water supply for those areas served by a regional water

 7  supply authority and its member governments within the

 8  boundaries of the Southwest Florida Water Management District

 9  shall be developed jointly by the authority and the district.

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

11  conjunction with the reporting requirements of s.

12  373.536(6)(a)4. thereafter, the department shall submit to the

13  Governor and the Legislature a report on the status of

14  regional water supply planning in each district. The report

15  shall include:

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

17  potential sources of funding for water resource development

18  and water supply development projects, as identified in the

19  water management district regional water supply plans.

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

21  achieving its water resource development objectives, as

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

23  implementation of its 5-year water resource development work

24  program.

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

26  to develop water supply that is consistent with regional water

27  supply plans to meet existing and future reasonable-beneficial

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

29         (6)  Nothing contained in the water supply development

30  component of the district water management plan shall be

31  construed to require local governments, government-owned or


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

 2  water suppliers to select a water supply development option

 3  identified in the component merely because it is identified in

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

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

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

 7  does not prohibit a water management district from employing

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

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

10  construed to limit the authority of the department or

11  governing board under part II.

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

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

14  (4) of that section, to read:

15         373.0831  Water resource development; water supply

16  development.--

17         (3)  The water management districts shall fund and

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

19  The water management districts are encouraged to implement

20  water resource development as expeditiously as possible in

21  areas subject to regional water supply plans. Each governing

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

23  the fiscal year to implement water resource development

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

25         (4)

26         (c)  If a proposed alternative water supply development

27  project is identified in the relevant approved regional water

28  supply plan, the project shall receive:

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

30  meets the permit requirements under ss. 373.223 and 373.236

31  and rules adopted thereunder.


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 1         2.  Consideration for priority funding pursuant to s.

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

 3  subsection.

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

 5  Statutes, is amended to read:

 6         373.1961  Water production.--

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

 8  of factors, vastly increased demands have been placed on

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

10  development of alternative water supplies, such demands may

11  increase in the future. The Legislature also finds that

12  potential exists in the state for the production of

13  significant quantities of alternative water supplies,

14  including reclaimed water, and that water production includes

15  the development of alternative water supplies, including

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

17  Legislature that utilities develop reclaimed water systems,

18  where reclaimed water is the most appropriate alternative

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

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

21  to construct reclaimed water system infrastructure to their

22  owned or operated properties and facilities where they have

23  reclamation capability. It is also the intent of the

24  Legislature that the water management districts which levy ad

25  valorem taxes for water management purposes should share a

26  percentage of those tax revenues with water providers and

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

28  reuse utilities, municipal, industrial, and agricultural water

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

30  supplement other funding sources in the development of

31  alternative water supplies. The Legislature finds that public


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 1  moneys or services provided to private entities for such uses

 2  constitute public purposes which are in the public interest.

 3  In order to further the development and use of alternative

 4  water supply systems, including reclaimed water systems, the

 5  Legislature provides the following:

 6         (a)  The governing boards of the water management

 7  districts where water resource caution areas have been

 8  designated shall include in their annual budgets an amount for

 9  the development of alternative water supply systems, including

10  reclaimed water systems, pursuant to the requirements of this

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

12  available to water providers and users no later than December

13  31 of each year, through grants, matching grants, revolving

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

15  the requirements of this subsection and guidelines established

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

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

18  Without diminishing amounts available through other means

19  described in this paragraph, the governing boards are

20  encouraged to consider establishing revolving loan funds to

21  expand the total funds available to accomplish the objectives

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

23  paragraph must be a nonlapsing fund from which the water

24  management district may make loans with interest rates below

25  prevailing market rates to public or private entities for the

26  purposes described in this section. The governing board may

27  adopt resolutions to establish revolving loan funds which must

28  specify the details of the administration of the fund, the

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

30  for awarding loans from the fund, the initial capitalization

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


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 1  fund in subsequent budget years. Revolving loan funds created

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

 3  sources of cooperative funding available for the development

 4  of alternative water supplies. The Legislature does not intend

 5  for the creation of revolving loan funds to supplant or

 6  otherwise reduce existing sources or amounts of funds

 7  currently available through other means.

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

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

10  funds pursuant to this subsection, the appropriate

11  rate-setting authorities should develop rate structures for

12  all water, wastewater, and reclaimed water and other

13  alternative water supply utilities in the service area of the

14  funded utility, which accomplish the following:

15         1.  Provide meaningful progress toward the development

16  and implementation of alternative water supply systems,

17  including reclaimed water systems;

18         2.  Promote the conservation of fresh water withdrawn

19  from natural systems;

20         3.  Provide for an appropriate distribution of costs

21  for all water, wastewater, and alternative water supply

22  utilities, including reclaimed water utilities, among all of

23  the users of those utilities; and

24         4.  Prohibit rate discrimination within classes of

25  utility users.

26         (c)  Funding assistance provided by the water

27  management districts for a water reuse system project may

28  include the following grant or loan conditions for that

29  project if the water management district determines that such

30  conditions will encourage water use efficiency:

31  


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 1         1.  Metering of reclaimed water use for the following

 2  activities: residential irrigation, agricultural irrigation,

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

 4  366.02(2), landscape irrigation, irrigation of other public

 5  access areas, commercial and institutional uses such as toilet

 6  flushing, and transfers to other reclaimed water utilities.

 7         2.  Implementation of reclaimed water rate structures

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

 9  activities listed in subparagraph 1.

10         3.  Implementation of education programs to inform the

11  public about water issues, water conservation, and the

12  importance and proper use of reclaimed water.

13         4.  Development of location data for key reuse

14  facilities.

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

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

17  government comprehensive plan and the governing body of the

18  local government must require all appropriate new facilities

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

20  project's alternative water supplies. The appropriate local

21  government must provide written notification to the

22  appropriate district that the proposed project is consistent

23  with the local government comprehensive plan.

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

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

26  infrastructure costs for the construction of alternative water

27  supply systems that provide alternative water supplies.

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

29  shall make available written guidelines for the disbursal of

30  revenues pursuant to this subsection. Such guidelines shall

31  include at minimum:


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 1         1.  An application process and a deadline for filing

 2  applications annually.

 3         2.  A process for determining project eligibility

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

 5  (d).

 6         3.  A process and criteria for funding projects

 7  pursuant to this subsection that cross district boundaries or

 8  that serve more than one district.

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

10  district shall establish an alternative water supplies grants

11  advisory committee to recommend to the governing board

12  projects for funding pursuant to this subsection. The advisory

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

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

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

16  representatives of agricultural interests and environmental

17  interests. Each committee member shall represent his or her

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

19  entity. The committee shall apply the guidelines and project

20  eligibility criteria established by the governing board in

21  reviewing proposed projects. After one or more hearings to

22  solicit public input on eligible projects, the committee shall

23  rank the eligible projects and shall submit them to the

24  governing board for final funding approval. The advisory

25  committee may submit to the governing board more projects than

26  the available grant money would fund.

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

28  to this subsection must be encumbered annually by the

29  governing board if it approves projects sufficient to expend

30  the available revenues. Funds must be disbursed within 36

31  months after encumbrance.


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

 2  water supplies are supplies of water that have been reclaimed

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

 4  commercial, or agricultural uses, or are supplies of

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

 6  in accordance with applicable rules and standards sufficient

 7  to supply the intended use.

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

 9  rulemaking requirements of chapter 120.

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

11  management district shall submit an annual report to the

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

13  House of Representatives which accounts for the disbursal of

14  all budgeted amounts pursuant to this subsection. Such report

15  shall describe all projects funded and shall account

16  separately for moneys provided through grants, matching

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

18  facilities.

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

20  allow entities under its jurisdiction constructing alternative

21  water supply facilities, including but not limited to aquifer

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

23  incurred cost of such facilities through their rate structure.

24  Every component of an alternative water supply facility

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

26  current rates.

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

28  373.536, Florida Statutes, is amended to read:

29         373.536  District budget and hearing thereon.--

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

31  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--


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    CS for CS for SB 1142                         Second Engrossed



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

 2  item, furnish copies of the following documents to the

 3  Governor, the President of the Senate, the Speaker of the

 4  House of Representatives, the chairs of all legislative

 5  committees and subcommittees having substantive or fiscal

 6  jurisdiction over the districts, as determined by the

 7  President of the Senate or the Speaker of the House of

 8  Representatives as applicable, the secretary of the

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

10  the district has jurisdiction or derives any funds for the

11  operations of the district:

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

13  after its adoption.

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

15  be furnished within 10 days after its acceptance by the

16  governing board. The audit must be conducted in accordance

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

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

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

20  General within 10 days after its acceptance by the governing

21  board.

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

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

24  plan must include expected sources of revenue for planned

25  improvements and must be prepared in a manner comparable to

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

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

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

29  budget. The program must describe the district's

30  implementation strategy for the water resource development

31  component of each approved regional water supply plan


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    CS for CS for SB 1142                         Second Engrossed



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

 2  address all the elements of the water resource development

 3  component in the district's approved regional water supply

 4  plans and must identify which projects in the work program

 5  will provide water, explain how each water resource

 6  development project will produce additional water available

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

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

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

10  providing sufficient water to meet the water supply needs of

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

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

13  department shall review the proposed work program and submit

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

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

16  consistency with the furtherance of the district's approved

17  regional water supply plans, and the adequacy of proposed

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

19  interested parties the opportunity to provide written comments

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

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

22  shall state in writing to the department which changes

23  recommended in the evaluation it will incorporate into its

24  work program or specify the reasons for not incorporating the

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

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

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

28  Speaker of the House of Representatives.

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

30  written comments to the district regarding any document

31  furnished under this subsection, the district must respond to


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    CS for CS for SB 1142                         Second Engrossed



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

 2  written responses to the other entities.

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

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

 5  that section, to read:

 6         403.064  Reuse of reclaimed water.--

 7         (1)  The encouragement and promotion of water

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

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

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

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

12  existing and future water supply needs while sustaining

13  natural systems. The Legislature further finds that for those

14  wastewater treatment plants permitted and operated under an

15  approved reuse program by the department, the reclaimed water

16  shall be considered environmentally acceptable and not a

17  threat to public health and safety. The Legislature encourages

18  the development of incentive-based programs for reuse

19  implementation.

20         (6)  A reuse feasibility study prepared under

21  subsection (2) satisfies a water management district

22  requirement to conduct a reuse feasibility study imposed on a

23  local government or utility that has responsibility for

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

25  conclusions of the study must be given significant

26  consideration by the applicant and the appropriate water

27  management district in an analysis of the economic,

28  environmental, and technical feasibility of providing

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

30  must be presumed relevant to the determination of feasibility.

31  A water management district may not require a separate study


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    CS for CS for SB 1142                         Second Engrossed



 1  when a reuse feasibility study has been completed under

 2  subsection (2).

 3         (16)  Utilities implementing reuse projects are

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

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

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

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

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

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

10  for the following reuse activities: residential irrigation,

11  agricultural irrigation, industrial uses, landscape

12  irrigation, irrigation of other public access areas,

13  commercial and institutional uses such as toilet flushing, and

14  transfers to other reclaimed water utilities. Beginning with

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

16  utility that provides reclaimed water for the reuse activities

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

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

19  department.

20         Section 8.  Section 403.0645, Florida Statutes, is

21  created to read:

22         403.0645  Reclaimed water use at state facilities.--

23         (1)  The encouragement and promotion of reuse of

24  reclaimed water has been established as a state objective in

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

26  water and wastewater management in Florida, and Florida is

27  recognized as a national leader in water reuse.

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

29  management districts should take a leadership role in using

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

31  reclaimed water by state agencies and facilities will conserve


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    CS for CS for SB 1142                         Second Engrossed



 1  potable water and will serve an important public education

 2  function.

 3         (3)  Each state agency and water management district

 4  shall use reclaimed water to the greatest extent practicable

 5  for landscape irrigation, toilet flushing, aesthetic features

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

 7  other useful purposes allowed by department rules at state

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

 9  visitor welcome centers, buildings, college campuses, and

10  other facilities.

11         (4)  Each state agency and water management district

12  shall submit to the Secretary of Environmental Protection by

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

14  utilize reclaimed water at its facilities along with a summary

15  of the amounts of reclaimed water actually used for beneficial

16  purposes.

17         Section 9.  Paragraph (b) of subsection (2), paragraph

18  (f) of subsection (4) and subsection (5) of section 403.121,

19  Florida Statutes, are amended to read:

20         403.121  Enforcement; procedure; remedies.--The

21  department shall have the following judicial and

22  administrative remedies available to it for violations of this

23  chapter, as specified in s. 403.161(1).

24         (2)  Administrative remedies:

25         (b)  If the department has reason to believe a

26  violation has occurred, it may institute an administrative

27  proceeding to order the prevention, abatement, or control of

28  the conditions creating the violation or other appropriate

29  corrective action. Except for violations involving hazardous

30  wastes, asbestos, or underground injection, the department

31  shall proceed administratively in all cases in which the


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    CS for CS for SB 1142                         Second Engrossed



 1  department seeks administrative penalties that do not exceed

 2  $10,000 per assessment as calculated in accordance with

 3  subsections (3), (4), (5), (6), and (7). Pursuant to 42 U.S.C.

 4  s.300g-2, the administrative penalty assessed pursuant to

 5  subsections (3), (4), or (5) against a public water system

 6  serving a population of more than 10,000 shall be not less

 7  than $1,000 per day per violation.  The department shall not

 8  impose administrative penalties in excess of $10,000 in a

 9  notice of violation. The department shall not have more than

10  one notice of violation seeking administrative penalties

11  pending against the same party at the same time unless the

12  violations occurred at a different site or the violations were

13  discovered by the department subsequent to the filing of a

14  previous notice of violation.

15         (4)  In an administrative proceeding, in addition to

16  the penalties that may be assessed under subsection (3), the

17  department shall assess administrative penalties according to

18  the following schedule:

19         (f)  Except as provided in subsection (2) with respect

20  to public water systems serving a population of more than

21  10,000, for failure to prepare, submit, maintain, or use

22  required reports or other required documentation, $500.

23         (5)  Except as provided in subsection (2) with respect

24  to public water systems serving a population of more than

25  10,000, for failure to comply with any other departmental

26  regulatory statute or rule requirement not otherwise

27  identified in this section, the department may assess a

28  penalty of $500.

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

30  403.1835, Florida Statutes, is amended to read:

31  


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    CS for CS for SB 1142                         Second Engrossed



 1         403.1835  Water pollution control financial

 2  assistance.--

 3         (3)  The department may provide financial assistance

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

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

 6  92-500, as amended, including, but not limited to, making

 7  grants and loans, providing loan guarantees, purchasing loan

 8  insurance or other credit enhancements, and buying or

 9  refinancing local debt. This financial assistance must be

10  administered in accordance with this section and applicable

11  federal authorities. The department shall administer all

12  programs operated from funds secured through the activities of

13  the Florida Water Pollution Control Financing Corporation

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

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

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

17  to participate in the financial assistance programs authorized

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

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

20  available to them to repay any funds borrowed. Notwithstanding

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

22  institutions which earn less than the prevailing rate for

23  United States Treasury securities with corresponding

24  maturities for the purpose of enabling such financial

25  institutions to make below-market interest rate loans to

26  entities qualified to receive loans under this section and the

27  rules of the department.

28         Section 11.  The Legislature finds that within the area

29  identified in the Lower East Coast Regional Water Supply Plan

30  approved by the South Florida Water Management District

31  pursuant to section 373.0361, Florida Statutes, the


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    CS for CS for SB 1142                         Second Engrossed



 1  groundwater levels can benefit from augmentation. The

 2  Legislature finds that the direct or indirect discharge of

 3  reclaimed water into canals and the aquifer system for

 4  transport and subsequent reuse may provide an environmentally

 5  acceptable means to augment water supplies and enhance natural

 6  systems; however, the Legislature also recognizes that there

 7  are water quality and water quantity issues that must be

 8  better understood and resolved. In addition, cost savings may

 9  be possible by collocating enclosed conduits for conveyance of

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

11  should be investigated. The Department of Environmental

12  Protection, in consultation with the South Florida Water

13  Management District, southeast Florida utilities, affected

14  local governments, including local governments with principal

15  responsibility for the operation and maintenance of a water

16  control system capable of conveying reclaimed wastewater for

17  reuse, representatives of the environmental and engineering

18  communities, public health professionals, and individuals who

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

20  investigate the feasibility of discharging reclaimed

21  wastewater into canals and the aquifer system as an

22  environmentally acceptable means of augmenting groundwater

23  supplies, enhancing natural systems, and conveying reuse water

24  within enclosed conduits within the canal right-of-way. The

25  South Florida Water Management District shall provide the

26  necessary financial and in-kind resources to assist the

27  department in undertaking this study. In the event any

28  discharges are made as part of the study, such discharges must

29  comply with applicable federal, state, and local law,

30  including applicable regulations.  The study must include an

31  assessment of the water quality, water supply, public health,


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    CS for CS for SB 1142                         Second Engrossed



 1  technical, and legal implications related to the canal

 2  discharge and collocation concepts. The department shall issue

 3  a preliminary written report containing draft findings and

 4  recommendations for public comment by November 1, 2005. The

 5  department shall provide a written report on the results of

 6  its study, including public comments received, to the Governor

 7  and the relevant substantive committees of the Senate and the

 8  House of Representatives by January 31, 2006. This section may

 9  not be used to alter the purpose of the Comprehensive

10  Everglades Restoration Plan or the implementation of the Water

11  Resources Development Act of 2000.

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

13  law.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

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31  


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