HB 0293

1
A bill to be entitled
2An act relating to water resources; amending s. 163.3167,
3F.S.; requiring local governments to include projected
4water use in comprehensive plans; amending s. 163.3177,
5F.S.; requiring local governments to consider regional
6water supply plans in their work plans for building water
7supply facilities; requiring the updating of work plans;
8providing that amendments to incorporate the work plan do
9not count toward the limitation on frequency of adoption
10of amendments to the comprehensive plan; amending s.
11373.116, F.S.; providing that local governments may
12receive electronic notices of applications for consumptive
13use permits; creating s. 373.2234, F.S.; authorizing the
14governing board of a water management district to adopt
15rules identifying certain preferred water supply sources;
16providing requirements with respect to such rules;
17providing construction; amending s. 373.250, F.S.;
18authorizing water management districts to require the use
19of reclaimed water in lieu of surface or groundwater when
20the use of uncommitted reclaimed water is environmentally,
21economically, and technically feasible; providing
22construction with respect to such authority; creating s.
23373.228; F.S.; providing legislative findings and intent
24with regard to landscape irrigation design; requiring
25water management districts to develop landscape irrigation
26and xeriscape design standards; providing an effective
27date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsection (13) is added to section 163.3167,
32Florida Statutes, to read:
33     163.3167  Scope of act.--
34     (13)  Each local government shall address in its
35comprehensive plan, as enumerated in this chapter, the water
36supply sources necessary to meet and achieve the existing and
37projected water use demand for the established planning period,
38considering the applicable plan developed pursuant to s.
39373.0361.
40     Section 2.  Paragraph (c) of subsection (6) of section
41163.3177, Florida Statutes, is amended to read:
42     163.3177  Required and optional elements of comprehensive
43plan; studies and surveys.--
44     (6)  In addition to the requirements of subsections (1)-
45(5), the comprehensive plan shall include the following
46elements:
47     (c)  A general sanitary sewer, solid waste, drainage,
48potable water, and natural groundwater aquifer recharge element
49correlated to principles and guidelines for future land use,
50indicating ways to provide for future potable water, drainage,
51sanitary sewer, solid waste, and aquifer recharge protection
52requirements for the area.  The element may be a detailed
53engineering plan including a topographic map depicting areas of
54prime groundwater recharge. The element shall describe the
55problems and needs and the general facilities that will be
56required for solution of the problems and needs.  The element
57shall also include a topographic map depicting any areas adopted
58by a regional water management district as prime groundwater
59recharge areas for the Floridan or Biscayne aquifers, pursuant
60to s. 373.0395.  These areas shall be given special
61consideration when the local government is engaged in zoning or
62considering future land use for said designated areas.  For
63areas served by septic tanks, soil surveys shall be provided
64which indicate the suitability of soils for septic tanks. By
65December 1, 2006 January 1, 2005, or the Evaluation and
66Appraisal Report adoption deadline established for the local
67government pursuant to s. 163.3191(a), whichever date occurs
68first, the element must consider the appropriate water
69management district's regional water supply plan approved
70pursuant to s. 373.0361. The element must include a work plan,
71covering at least a 10-year planning period, for building water
72supply facilities that are identified in the element as
73necessary to serve existing and new development and for which
74the local government is responsible.  The work plan shall be
75updated, at a minimum, every 5 years within 12 months after the
76governing board of a water management district approves an
77updated regional water supply plan.  Amendments to incorporate
78the work plan do not count toward the limitation on frequency of
79adoption of amendments to the comprehensive plan.
80     Section 3.  Subsection (2) of section 373.116, Florida
81Statutes, is amended to read:
82     373.116  Procedure for water use and impoundment
83construction permit applications.--
84     (2)  Upon receipt of an application for a permit of the
85type referred to in subsection (1), the governing board shall
86cause a notice thereof to be published in a newspaper having
87general circulation within the affected area. In addition, the
88governing board shall send, by regular or electronic mail, a
89copy of such notice to any person who has filed a written
90request for notification of any pending applications affecting
91this particular designated area. At the option of the applicable
92county or city government, notice of application for the
93consumptive use of water shall be mailed by regular or
94electronic mail to the county and appropriate city government
95from which boundaries the withdrawal is proposed to be made.
96     Section 4.  Section 373.2234, Florida Statutes, is created
97to read:
98     373.2234  Preferred water supply sources.--The governing
99board of a water management district is authorized to adopt
100rules that identify preferred water supply sources for
101consumptive uses for which there is sufficient data to establish
102that a preferred source will provide a substantial new water
103supply to meet the existing and projected reasonable-beneficial
104uses of a water supply planning region identified pursuant to s.
105373.0361(1), while sustaining existing water resources and
106natural systems. At a minimum, such rules must contain a
107description of the preferred water supply source and an
108assessment of the water the preferred source is projected to
109produce. If an applicant proposes to use a preferred water
110supply source, that applicant's proposed water use is subject to
111s. 373.223(1), except that the proposed use of a preferred water
112supply source must be considered by a water management district
113when determining whether a permit applicant's proposed use of
114water is consistent with the public interest pursuant to s.
115373.223(1)(c). A consumptive use permit issued for the use of a
116preferred water supply source must be granted, when requested by
117the applicant, for at least a 20-year period and may be subject
118to the compliance reporting provisions of s. 373.236(3). Nothing
119in this section shall be construed to exempt the use of
120preferred water supply sources from the provisions of ss.
121373.016(4) and 373.223(2) and (3), or be construed to provide
122that permits issued for the use of a nonpreferred water supply
123source must be issued for a duration of less than 20 years or
124that the use of a nonpreferred water supply source is not
125consistent with the public interest. Additionally, nothing in
126this section shall be interpreted to require the use of a
127preferred water supply source or to restrict or prohibit the use
128of a nonpreferred water supply source.  Rules adopted by the
129governing board of a water management district to implement this
130section shall specify that the use of a preferred water supply
131source is not required, and that the use of a nonpreferred water
132supply source is not restricted or prohibited.
133     Section 5.  Paragraph (c) is added to subsection (2) of
134section 373.250, Florida Statutes, to read:
135     373.250  Reuse of reclaimed water.--
136     (2)
137     (c)  A water management district may require the use of
138reclaimed water in lieu of surface water or groundwater when the
139use of uncommitted reclaimed water is environmentally,
140economically, and technically feasible and of such quality and
141reliability as is necessary to the user. However, this paragraph
142does not authorize a water management district to require a
143provider of reclaimed water to redirect reclaimed water from one
144user to another or to provide uncommitted water to a specific
145user if such water is anticipated to be used by the provider, or
146a different user selected by the provider, within a reasonable
147amount of time.
148     Section 6.  Section 373.228, Florida Statutes, is created
149to read:
150     373.228 Landscape irrigation design.--
151     (1)  The Legislature finds that multiple areas throughout
152the state have been identified by water management districts as
153water resource caution areas, which indicates that in the near
154future water demand in those areas will exceed the current
155available water supply and that conservation is one of the
156mechanisms by which future water demand will be met.
157     (2)  The Legislature finds that landscape irrigation
158comprises a significant portion of water use and that the
159current typical landscape irrigation system and xeriscape
160designs offer significant potential water conservation benefits.
161     (3)  It is the intent of the Legislature to improve
162landscape irrigation water use efficiency by ensuring that
163landscape irrigation systems meet or exceed minimum design
164criteria.
165     (4)  The water management districts shall work with the
166Florida Nurserymen and Growers Association, the Florida Chapter
167of the American Society of Landscape Architects, the Florida
168Irrigation Society, the Department of Agriculture and Consumer
169Services, the Institute of Food and Agricultural Sciences, the
170Department of Environmental Protection, the Department of
171Transportation, the Florida League of Cities, the Florida
172Association of Counties, and the Florida Association of
173Community Developers to develop landscape irrigation and
174xeriscape design standards for new construction which
175incorporate a landscape irrigation system and develop
176scientifically based model guidelines for urban, commercial, and
177residential landscape irrigation, including drip irrigation, for
178plants, trees, sod, and other landscaping.  The landscape and
179irrigation design standards shall be based on the irrigation
180code defined in the Florida Building Code, Plumbing Volume,
181Appendix F.  Local governments shall use the standards and
182guidelines when developing landscape irrigation and xeriscape
183ordinances. Every 5 years, the agencies and entities specified
184in this subsection shall review the standards and guidelines to
185determine whether new research findings require a change or
186modification of the standards and guidelines.
187     Section 7.  This act shall take effect upon becoming a law.


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