1 | The Committee on Natural Resources recommends the following: |
2 |
|
3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 |
|
6 | A bill to be entitled |
7 | An act relating to water resources; amending s. 159.803, |
8 | F.S.; revising the definition of "priority project"; |
9 | creating s. 373.227, F.S.; requiring the development of a |
10 | comprehensive statewide water conservation program for |
11 | public water supply; establishing the purposes of the |
12 | program; requiring the creation of a clearinghouse or |
13 | inventory to provide an integrated database for |
14 | information on public water supply conservation programs; |
15 | authorizing public water supply utilities to propose goal- |
16 | based water conservation plans or programs with measurable |
17 | goals; providing that goal-based water conservation plans |
18 | or programs that are developed by public water supply |
19 | utilities and that provide reasonable assurance of |
20 | achieving water conservation at least as well as |
21 | conservation requirements adopted by the appropriate water |
22 | management district meet water conservation requirements |
23 | imposed as a condition of obtaining a consumptive use |
24 | permit; requiring the submission of a report by the |
25 | Department of Environmental Protection; providing |
26 | rulemaking authority to the Department of Environmental |
27 | Protection and the water management districts; amending s. |
28 | 373.0361, F.S.; providing for a public workshop on the |
29 | development of regional water supply plans that include |
30 | the consideration of population projections; providing for |
31 | a list of water source options in regional water supply |
32 | plans; providing additional regional water supply plan |
33 | components; including conservation measures in regional |
34 | water supply plans; revising specified reporting |
35 | requirements of the Department of Environmental |
36 | Protection; providing that a district water management |
37 | plan may not be used as criteria for the review of permits |
38 | for consumptive uses of water unless the plan or |
39 | applicable portion thereof has been adopted by rule; |
40 | providing construction; amending s. 373.0831, F.S.; |
41 | revising the criteria by which water supply development |
42 | projects may receive priority consideration for funding |
43 | assistance; providing for permitting and funding of a |
44 | proposed alternative water supply project identified in |
45 | the relevant approved regional water supply plan; amending |
46 | s. 373.1961, F.S.; providing funding priority; providing |
47 | for the establishment of a revolving loan fund for |
48 | alternative water supply projects; providing conditions |
49 | for certain projects to receive funding assistance; |
50 | amending s. 373.536, F.S.; expanding requirements of the |
51 | 5-year water resource development work program for water |
52 | management districts; amending s. 403.064, F.S.; revising |
53 | provisions relating to reuse feasibility studies; |
54 | providing for metering use of reclaimed water and volume- |
55 | based rates therefor; requiring wastewater utilities to |
56 | submit plans for metering use and volume-based rate |
57 | structures to the department; creating s. 403.0645, F.S.; |
58 | requiring certain uses of reclaimed water at state |
59 | facilities; requiring state agencies and water management |
60 | districts to submit to the Secretary of Environmental |
61 | Protection periodic reports concerning reclaimed water |
62 | use; amending s. 403.1835, F.S.; authorizing the |
63 | Department of Environmental Protection to make specified |
64 | deposits for the purpose of enabling below-market interest |
65 | rate loans for treatment of polluted water; providing for |
66 | a study of the feasibility of discharging reclaimed |
67 | wastewater into canals and the aquifer system in a |
68 | specified area as an environmentally acceptable means of |
69 | accomplishing described objectives; requiring reports; |
70 | providing an effective date. |
71 |
|
72 | Be It Enacted by the Legislature of the State of Florida: |
73 |
|
74 | Section 1. Subsection (5) of section 159.803, Florida |
75 | Statutes, is amended to read: |
76 | 159.803 Definitions.--As used in this part, the term: |
77 | (5) "Priority project" means a solid waste disposal |
78 | facility or a sewage facility, as such terms are defined in s. |
79 | 142 of the Code, or water facility, as defined in s. 142 of the |
80 | Code, which is operated by a member-owned, not-for-profit |
81 | utility, or any project which is to be located in an area which |
82 | is an enterprise zone designated pursuant to s. 290.0065. |
83 | Section 2. Section 373.227, Florida Statutes, is created |
84 | to read: |
85 | 373.227 Water conservation; legislative findings; |
86 | legislative intent; objectives; comprehensive statewide water |
87 | conservation program requirements.-- |
88 | (1) The Legislature recognizes that the proper |
89 | conservation of water is an important means of achieving the |
90 | economical and efficient utilization of water necessary, in |
91 | part, to constitute a reasonable-beneficial use. The overall |
92 | water conservation goal of the state is to prevent and reduce |
93 | wasteful, uneconomical, impractical, or unreasonable use of |
94 | water resources. The Legislature finds that the social, |
95 | economic, and cultural conditions of the state relating to the |
96 | use of public water supply vary by service area and that public |
97 | water supply utilities must have the flexibility to tailor water |
98 | conservation measures to best suit their individual |
99 | circumstances. The Legislature encourages the use of efficient, |
100 | effective, and affordable water conservation measures. Where |
101 | water is provided by a public water supply utility, the |
102 | Legislature intends that a variety of conservation measures be |
103 | made available and used to encourage efficient water use. To |
104 | achieve these conservation objectives, the state should |
105 | emphasize goal-based, accountable, tailored, and measurable |
106 | water conservation programs for public water supply. For |
107 | purposes of this section, "public water supply utility" shall |
108 | include both publicly owned and privately owned public water |
109 | supply utilities that sell potable water on a retail basis to |
110 | end users. |
111 | (2) To implement the findings in subsection (1), the |
112 | department, in cooperation with the water management districts |
113 | and other stakeholders, shall develop a comprehensive statewide |
114 | water conservation program for public water supply. The program |
115 | should: |
116 | (a) Encourage utilities to implement water conservation |
117 | programs which are economically efficient, effective, |
118 | affordable, and appropriate; |
119 | (b) Allow no reduction in, and increase where possible, |
120 | utility-specific water conservation effectiveness over current |
121 | programs; |
122 | (c) Be goal-based, accountable, measurable, and |
123 | implemented collaboratively with water suppliers, water users, |
124 | and water management agencies; |
125 | (d) Include cost and benefit data on individual water |
126 | conservation practices to assist in tailoring practices to be |
127 | effective for the unique characteristics of particular utility |
128 | service areas, focusing upon cost-effective measures; |
129 | (e) Use standardized public water supply conservation |
130 | definitions and standardized quantitative and qualitative |
131 | performance measures for an overall system of assessing and |
132 | benchmarking the effectiveness of water conservation programs |
133 | and practices; |
134 | (f) Create a clearinghouse or inventory for water |
135 | conservation programs and practices available to public water |
136 | supply utilities that will provide an integrated statewide |
137 | database for the collection, evaluation, and dissemination of |
138 | quantitative and qualitative information on public water supply |
139 | conservation programs and practices and their effectiveness. The |
140 | clearinghouse or inventory should have technical assistance |
141 | capabilities to aid in the design, refinement, and |
142 | implementation of water conservation programs and practices. The |
143 | clearinghouse or inventory shall also provide for continual |
144 | assessment of the effectiveness of water conservation programs |
145 | and practices; |
146 | (g) Develop a standardized water conservation planning |
147 | process for utilities; and |
148 | (h) Develop and maintain a Florida-specific water |
149 | conservation guidance document containing a menu of affordable |
150 | and effective water conservation practices to assist public |
151 | water supply utilities in the design and implementation of goal- |
152 | based, utility-specific water conservation plans tailored for |
153 | their individual service areas as provided in subsection (4). |
154 | (3) Regarding the use of water conservation or drought |
155 | rate structures as a conservation practice, a water management |
156 | district shall afford a public water supply utility wide |
157 | latitude in selecting a rate structure and shall limit its |
158 | review to whether the utility has provided reasonable assurance |
159 | that the rate structure contains a schedule of rates designed to |
160 | promote efficient use of water by providing economic incentives. |
161 | A water management district shall not fix or revise rates. |
162 | (4) As part of an application for a consumptive use |
163 | permit, a public water supply utility may propose a goal-based |
164 | water conservation plan or program that is tailored to its |
165 | individual circumstances in lieu of the water conservation |
166 | requirements adopted by the appropriate water management |
167 | district. Progress towards goals must be measurable. If the |
168 | utility provides reasonable assurance that the plan will achieve |
169 | effective water conservation at least as well as the water |
170 | conservation requirements adopted by the appropriate water |
171 | management district, and is consistent with s. 373.223, F.S., |
172 | the district must approve the plan which shall satisfy water |
173 | conservation requirements imposed as a condition of obtaining a |
174 | consumptive use permit. The conservation measures included in an |
175 | approved goal-based water conservation plan may be reviewed |
176 | periodically and updated as needed to ensure efficient water use |
177 | for the duration of the permit. If the plan fails to meet the |
178 | water conservation goal or goals by the timeframes specified in |
179 | the permit, then the public water supply utility shall either |
180 | revise the plan to address the deficiency or employ the water |
181 | conservation requirements that would otherwise apply in the |
182 | absence of an approved goal-based plan. |
183 | (5) By December 1, 2005, the department is directed to |
184 | submit a written report to the President of the Senate, the |
185 | Speaker of the House of Representatives, and the appropriate |
186 | substantive committees of the Senate and the House of |
187 | Representatives on the progress made in implementing the |
188 | comprehensive statewide water conservation program for public |
189 | water supply required by this section. The report shall include |
190 | any statutory changes and funding requests necessary for |
191 | continued development and implementation of the program. |
192 | (6) The department or a water management district may |
193 | adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out |
194 | the purposes of this section. |
195 | Section 3. Subsections (1), (2), (5), and (6) of section |
196 | 373.0361, Florida Statutes, are amended to read: |
197 | 373.0361 Regional water supply planning.-- |
198 | (1) By October 1, 1998, the governing board shall initiate |
199 | water supply planning for each water supply planning region |
200 | identified in the district water management plan under s. |
201 | 373.036, where it determines that sources of water are not |
202 | adequate for the planning period to supply water for all |
203 | existing and projected reasonable-beneficial uses and to sustain |
204 | the water resources and related natural systems. The planning |
205 | must be conducted in an open public process, in coordination and |
206 | cooperation with local governments, regional water supply |
207 | authorities, government-owned and privately owned water |
208 | utilities, self-suppliers, and other affected and interested |
209 | parties. During development but prior to completion of the |
210 | regional water supply plan, the district must conduct at least |
211 | one public workshop to discuss the technical data and modeling |
212 | tools anticipated to be used to support the plan. A |
213 | determination by the governing board that initiation of a |
214 | regional water supply plan for a specific planning region is not |
215 | needed pursuant to this section shall be subject to s. 120.569. |
216 | The governing board shall reevaluate such a determination at |
217 | least once every 5 years and shall initiate a regional water |
218 | supply plan, if needed, pursuant to this subsection. |
219 | (2) Each regional water supply plan shall be based on at |
220 | least a 20-year planning period and shall include, but not be |
221 | limited to: |
222 | (a) A water supply development component that includes: |
223 | 1. A quantification of the water supply needs for all |
224 | existing and reasonably projected future uses within the |
225 | planning horizon. The level-of-certainty planning goal |
226 | associated with identifying the water supply needs of existing |
227 | and future reasonable-beneficial uses shall be based upon |
228 | meeting those needs for a 1-in-10-year drought event. Population |
229 | projections used for determining public water supply needs must |
230 | be based upon the best available data. In determining the best |
231 | available data, the district shall consider the University of |
232 | Florida's Bureau of Economic and Business Research (BEBR) medium |
233 | population projections and any population projection data and |
234 | analysis submitted by a local government pursuant to the public |
235 | workshop described in subsection (1) if the data and analysis |
236 | support the local government's comprehensive plan. Any |
237 | adjustment of or deviation from the BEBR projections must be |
238 | fully described, and the original BEBR data must be presented |
239 | along with the adjusted data. |
240 | 2. A list of water source options for water supply |
241 | development, including traditional and alternative source |
242 | options sources, from which local government, government-owned |
243 | and privately owned utilities, self-suppliers, and others may |
244 | choose, for water supply development, the total capacity of |
245 | which will, in conjunction with water conservation and other |
246 | demand management measures, exceed the needs identified in |
247 | subparagraph 1. |
248 | 3. For each option listed in subparagraph 2., the |
249 | estimated amount of water available for use and the estimated |
250 | costs of and potential sources of funding for water supply |
251 | development. |
252 | 4. A list of water supply development projects that meet |
253 | the criteria in s. 373.0831(4). |
254 | (b) A water resource development component that includes: |
255 | 1. A listing of those water resource development projects |
256 | that support water supply development. |
257 | 2. For each water resource development project listed: |
258 | a. An estimate of the amount of water to become available |
259 | through the project. |
260 | b. The timetable for implementing or constructing the |
261 | project and the estimated costs for implementing, operating, and |
262 | maintaining the project. |
263 | c. Sources of funding and funding needs. |
264 | d. Who will implement the project and how it will be |
265 | implemented. |
266 | (c) The recovery and prevention strategy described in s. |
267 | 373.0421(2). |
268 | (d) A funding strategy for water resource development |
269 | projects, which shall be reasonable and sufficient to pay the |
270 | cost of constructing or implementing all of the listed projects. |
271 | (e) Consideration of how the options addressed in |
272 | paragraphs (a) and (b) serve the public interest or save costs |
273 | overall by preventing the loss of natural resources or avoiding |
274 | greater future expenditures for water resource development or |
275 | water supply development. However, unless adopted by rule, these |
276 | considerations do not constitute final agency action. |
277 | (f) The technical data and information applicable to the |
278 | planning region which are contained in the district water |
279 | management plan and are necessary to support the regional water |
280 | supply plan. |
281 | (g) The minimum flows and levels established for water |
282 | resources within the planning region. |
283 | (h) Reservations of water adopted by rule pursuant to s. |
284 | 373.223(4). |
285 | (i) An analysis, developed in cooperation with the |
286 | department, of areas or instances in which the variance |
287 | provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to |
288 | create water supply development or water resource development |
289 | projects. |
290 |
|
291 | Within the boundaries of a regional water supply authority in |
292 | the Southwest Florida Water Management District, the water |
293 | supply development component of the regional water supply plan |
294 | relating to the use of water by the authority shall be developed |
295 | jointly by the authority and the district. |
296 | (5) By November 15, 1997, and Annually and in conjunction |
297 | with the reporting requirements of s. 373.536(6)(a)4. |
298 | thereafter, the department shall submit to the Governor and the |
299 | Legislature a report on the status of regional water supply |
300 | planning in each district. The report shall include: |
301 | (a) A compilation of the estimated costs of and potential |
302 | sources of funding for water resource development and water |
303 | supply development projects, as identified in the water |
304 | management district regional water supply plans. |
305 | (b) A description of each district's progress toward |
306 | achieving its water resource development objectives, as directed |
307 | by s. 373.0831(3), including the district's implementation of |
308 | its 5-year water resource development work program. |
309 | (c) An assessment of the overall progress being made to |
310 | develop water supply that is consistent with regional water |
311 | supply plans to meet existing and future reasonable-beneficial |
312 | needs during a 1-in-10-year drought. |
313 | (6) Nothing contained in the water supply development |
314 | component of the district water management plan shall be |
315 | construed to require local governments, government-owned or |
316 | privately owned water utilities, self-suppliers, or other water |
317 | suppliers to select a water supply development option identified |
318 | in the component merely because it is identified in the plan, |
319 | nor may the plan be used in the review of permits under part II |
320 | unless the plan, or an applicable portion thereof, has been |
321 | adopted by rule. However, this subsection does not prohibit a |
322 | water management district from employing the data or other |
323 | information used to establish the plan in reviewing permits |
324 | under part II, nor does it shall not be construed to limit the |
325 | authority of the department or governing board under part II. |
326 | Section 4. Subsection (3) of section 373.0831, Florida |
327 | Statutes, is amended, and paragraph (c) is added to subsection |
328 | (4) of that section, to read: |
329 | 373.0831 Water resource development; water supply |
330 | development.-- |
331 | (3) The water management districts shall fund and |
332 | implement water resource development as defined in s. 373.019. |
333 | The water management districts are encouraged to implement water |
334 | resource development as expeditiously as possible in areas |
335 | subject to regional water supply plans. Each governing board |
336 | shall include in its annual budget the amount needed for the |
337 | fiscal year to implement water resource development projects, as |
338 | prioritized in its regional water supply plans. |
339 | (4) |
340 | (c) If a proposed alternative water supply development |
341 | project is identified in the relevant approved regional water |
342 | supply plan, the project shall receive: |
343 | 1. A 20-year consumptive use permit, if it otherwise meets |
344 | the permit requirements under ss. 373.223 and 373.236 and rules |
345 | adopted thereunder. |
346 | 2. Consideration for priority funding pursuant to s. |
347 | 373.1961(2) if the project meets one of the criteria in this |
348 | subsection. |
349 | Section 5. Subsection (2) of section 373.1961, Florida |
350 | Statutes, is amended to read: |
351 | 373.1961 Water production.-- |
352 | (2) The Legislature finds that, due to a combination of |
353 | factors, vastly increased demands have been placed on natural |
354 | supplies of fresh water, and that, absent increased development |
355 | of alternative water supplies, such demands may increase in the |
356 | future. The Legislature also finds that potential exists in the |
357 | state for the production of significant quantities of |
358 | alternative water supplies, including reclaimed water, and that |
359 | water production includes the development of alternative water |
360 | supplies, including reclaimed water, for appropriate uses. It is |
361 | the intent of the Legislature that utilities develop reclaimed |
362 | water systems, where reclaimed water is the most appropriate |
363 | alternative water supply option, to deliver reclaimed water to |
364 | as many users as possible through the most cost-effective means, |
365 | and to construct reclaimed water system infrastructure to their |
366 | owned or operated properties and facilities where they have |
367 | reclamation capability. It is also the intent of the Legislature |
368 | that the water management districts which levy ad valorem taxes |
369 | for water management purposes should share a percentage of those |
370 | tax revenues with water providers and users, including local |
371 | governments, water, wastewater, and reuse utilities, municipal, |
372 | industrial, and agricultural water users, and other public and |
373 | private water users, to be used to supplement other funding |
374 | sources in the development of alternative water supplies. The |
375 | Legislature finds that public moneys or services provided to |
376 | private entities for such uses constitute public purposes which |
377 | are in the public interest. In order to further the development |
378 | and use of alternative water supply systems, including reclaimed |
379 | water systems, the Legislature provides the following: |
380 | (a) The governing boards of the water management districts |
381 | where water resource caution areas have been designated shall |
382 | include in their annual budgets an amount for the development of |
383 | alternative water supply systems, including reclaimed water |
384 | systems, pursuant to the requirements of this subsection. |
385 | Beginning in 1996, such amounts shall be made available to water |
386 | providers and users no later than December 31 of each year, |
387 | through grants, matching grants, revolving loans, or the use of |
388 | district lands or facilities pursuant to the requirements of |
389 | this subsection and guidelines established by the districts. In |
390 | making grants or loans, funding priority must be given to |
391 | projects in accordance with s. 373.0831(4). Without diminishing |
392 | amounts available through other means described in this |
393 | paragraph, the governing boards are encouraged to consider |
394 | establishing revolving loan funds to expand the total funds |
395 | available to accomplish the objectives of this section. A |
396 | revolving loan fund created under this paragraph must be a |
397 | nonlapsing fund from which the water management district may |
398 | make loans with interest rates below prevailing market rates to |
399 | public or private entities for the purposes described in this |
400 | section. The governing board may adopt resolutions to establish |
401 | revolving loan funds which must specify the details of the |
402 | administration of the fund, the procedures for applying for |
403 | loans from the fund, the criteria for awarding loans from the |
404 | fund, the initial capitalization of the fund, and the goals for |
405 | future capitalization of the fund in subsequent budget years. |
406 | Revolving loan funds created under this paragraph must be used |
407 | to expand the total sums and sources of cooperative funding |
408 | available for the development of alternative water supplies. The |
409 | Legislature does not intend for the creation of revolving loan |
410 | funds to supplant or otherwise reduce existing sources or |
411 | amounts of funds currently available through other means. |
412 | (b) It is the intent of the Legislature that for each |
413 | reclaimed water utility, or any other utility, which receives |
414 | funds pursuant to this subsection, the appropriate rate-setting |
415 | authorities should develop rate structures for all water, |
416 | wastewater, and reclaimed water and other alternative water |
417 | supply utilities in the service area of the funded utility, |
418 | which accomplish the following: |
419 | 1. Provide meaningful progress toward the development and |
420 | implementation of alternative water supply systems, including |
421 | reclaimed water systems; |
422 | 2. Promote the conservation of fresh water withdrawn from |
423 | natural systems; |
424 | 3. Provide for an appropriate distribution of costs for |
425 | all water, wastewater, and alternative water supply utilities, |
426 | including reclaimed water utilities, among all of the users of |
427 | those utilities; and |
428 | 4. Prohibit rate discrimination within classes of utility |
429 | users. |
430 | (c) Funding assistance provided by the water management |
431 | districts for a water reuse system project may include the |
432 | following grant or loan conditions for that project if the water |
433 | management district determines that such conditions will |
434 | encourage water use efficiency: |
435 | 1. Metering of reclaimed water use for the following |
436 | activities: residential irrigation, agricultural irrigation, |
437 | industrial uses except for electric utilities as defined in s. |
438 | 366.02(2), landscape irrigation, irrigation of other public |
439 | access areas, commercial and institutional uses such as toilet |
440 | flushing, and transfers to other reclaimed water utilities. |
441 | 2. Implementation of reclaimed water rate structures based |
442 | on actual use of reclaimed water for the types of reuse |
443 | activities listed in subparagraph 1. |
444 | 3. Implementation of education programs to inform the |
445 | public about water issues, water conservation, and the |
446 | importance and proper use of reclaimed water. |
447 | 4. Development of location data for key reuse facilities. |
448 | (d)(c) In order to be eligible for funding pursuant to |
449 | this subsection, a project must be consistent with a local |
450 | government comprehensive plan and the governing body of the |
451 | local government must require all appropriate new facilities |
452 | within the project's service area to connect to and use the |
453 | project's alternative water supplies. The appropriate local |
454 | government must provide written notification to the appropriate |
455 | district that the proposed project is consistent with the local |
456 | government comprehensive plan. |
457 | (e)(d) Any and all revenues disbursed pursuant to this |
458 | subsection shall be applied only for the payment of capital or |
459 | infrastructure costs for the construction of alternative water |
460 | supply systems that provide alternative water supplies. |
461 | (f)(e) By January 1 of each year, the governing boards |
462 | shall make available written guidelines for the disbursal of |
463 | revenues pursuant to this subsection. Such guidelines shall |
464 | include at minimum: |
465 | 1. An application process and a deadline for filing |
466 | applications annually. |
467 | 2. A process for determining project eligibility pursuant |
468 | to the requirements of paragraphs (d) (c) and (e) (d). |
469 | 3. A process and criteria for funding projects pursuant to |
470 | this subsection that cross district boundaries or that serve |
471 | more than one district. |
472 | (g)(f) The governing board of each water management |
473 | district shall establish an alternative water supplies grants |
474 | advisory committee to recommend to the governing board projects |
475 | for funding pursuant to this subsection. The advisory committee |
476 | members shall include, but not be limited to, one or more |
477 | representatives of county, municipal, and investor-owned private |
478 | utilities, and may include, but not be limited to, |
479 | representatives of agricultural interests and environmental |
480 | interests. Each committee member shall represent his or her |
481 | interest group as a whole and shall not represent any specific |
482 | entity. The committee shall apply the guidelines and project |
483 | eligibility criteria established by the governing board in |
484 | reviewing proposed projects. After one or more hearings to |
485 | solicit public input on eligible projects, the committee shall |
486 | rank the eligible projects and shall submit them to the |
487 | governing board for final funding approval. The advisory |
488 | committee may submit to the governing board more projects than |
489 | the available grant money would fund. |
490 | (h)(g) All revenues made available annually pursuant to |
491 | this subsection must be encumbered annually by the governing |
492 | board if it approves projects sufficient to expend the available |
493 | revenues. Funds must be disbursed within 36 months after |
494 | encumbrance. |
495 | (i)(h) For purposes of this subsection, alternative water |
496 | supplies are supplies of water that have been reclaimed after |
497 | one or more public supply, municipal, industrial, commercial, or |
498 | agricultural uses, or are supplies of stormwater, or brackish or |
499 | salt water, that have been treated in accordance with applicable |
500 | rules and standards sufficient to supply the intended use. |
501 | (j)(i) This subsection shall not be subject to the |
502 | rulemaking requirements of chapter 120. |
503 | (k)(j) By January 30 of each year, each water management |
504 | district shall submit an annual report to the Governor, the |
505 | President of the Senate, and the Speaker of the House of |
506 | Representatives which accounts for the disbursal of all budgeted |
507 | amounts pursuant to this subsection. Such report shall describe |
508 | all projects funded and shall account separately for moneys |
509 | provided through grants, matching grants, revolving loans, and |
510 | the use of district lands or facilities. |
511 | (l)(k) The Florida Public Service Commission shall allow |
512 | entities under its jurisdiction constructing alternative water |
513 | supply facilities, including but not limited to aquifer storage |
514 | and recovery wells, to recover the full, prudently incurred cost |
515 | of such facilities through their rate structure. Every component |
516 | of an alternative water supply facility constructed by an |
517 | investor-owned utility shall be recovered in current rates. |
518 | Section 6. Paragraph (a) of subsection (6) of section |
519 | 373.536, Florida Statutes, is amended to read: |
520 | 373.536 District budget and hearing thereon.-- |
521 | (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN; |
522 | WATER RESOURCE DEVELOPMENT WORK PROGRAM.-- |
523 | (a) Each district must, by the date specified for each |
524 | item, furnish copies of the following documents to the Governor, |
525 | the President of the Senate, the Speaker of the House of |
526 | Representatives, the chairs of all legislative committees and |
527 | subcommittees having substantive or fiscal jurisdiction over the |
528 | districts, as determined by the President of the Senate or the |
529 | Speaker of the House of Representatives as applicable, the |
530 | secretary of the department, and the governing board of each |
531 | county in which the district has jurisdiction or derives any |
532 | funds for the operations of the district: |
533 | 1. The adopted budget, to be furnished within 10 days |
534 | after its adoption. |
535 | 2. A financial audit of its accounts and records, to be |
536 | furnished within 10 days after its acceptance by the governing |
537 | board. The audit must be conducted in accordance with the |
538 | provisions of s. 11.45 and the rules adopted thereunder. In |
539 | addition to the entities named above, the district must provide |
540 | a copy of the audit to the Auditor General within 10 days after |
541 | its acceptance by the governing board. |
542 | 3. A 5-year capital improvements plan, to be furnished |
543 | within 45 days after the adoption of the final budget. The plan |
544 | must include expected sources of revenue for planned |
545 | improvements and must be prepared in a manner comparable to the |
546 | fixed capital outlay format set forth in s. 216.043. |
547 | 4. A 5-year water resource development work program to be |
548 | furnished within 45 days after the adoption of the final budget. |
549 | The program must describe the district's implementation strategy |
550 | for the water resource development component of each approved |
551 | regional water supply plan developed or revised under s. |
552 | 373.0361. The work program must address all the elements of the |
553 | water resource development component in the district's approved |
554 | regional water supply plans and must identify which projects in |
555 | the work program will provide water, explain how each water |
556 | resource development project will produce additional water |
557 | available for consumptive uses, estimate the quantity of water |
558 | to be produced by each project, and provide an assessment of the |
559 | contribution of the district's regional water supply plans in |
560 | providing sufficient water to meet the water supply needs of |
561 | existing and future reasonable-beneficial uses for a 1-in-10- |
562 | year drought event. Within 45 days after its submittal, the |
563 | department shall review the proposed work program and submit its |
564 | findings, questions, and comments to the district. The review |
565 | must include a written evaluation of the program's consistency |
566 | with the furtherance of the district's approved regional water |
567 | supply plans, and the adequacy of proposed expenditures. As part |
568 | of the review, the department shall give interested parties the |
569 | opportunity to provide written comments on each district's |
570 | proposed work program. Within 60 days after receipt of the |
571 | department's evaluation, the governing board shall state in |
572 | writing to the department which changes recommended in the |
573 | evaluation it will incorporate into its work program or specify |
574 | the reasons for not incorporating the changes. The department |
575 | shall include the district's responses in a final evaluation |
576 | report and shall submit a copy of the report to the Governor, |
577 | the President of the Senate, and the Speaker of the House of |
578 | Representatives. |
579 | (b) If any entity listed in paragraph (a) provides written |
580 | comments to the district regarding any document furnished under |
581 | this subsection, the district must respond to the comments in |
582 | writing and furnish copies of the comments and written responses |
583 | to the other entities. |
584 | Section 7. Subsections (1) and (6) of section 403.064, |
585 | Florida Statutes, are amended, and subsection (16) is added to |
586 | that section, to read: |
587 | 403.064 Reuse of reclaimed water.-- |
588 | (1) The encouragement and promotion of water conservation, |
589 | and reuse of reclaimed water, as defined by the department, are |
590 | state objectives and are considered to be in the public |
591 | interest. The Legislature finds that the reuse of reclaimed |
592 | water is a critical component of meeting the state's existing |
593 | and future water supply needs while sustaining natural systems. |
594 | The Legislature further finds that for those wastewater |
595 | treatment plants permitted and operated under an approved reuse |
596 | program by the department, the reclaimed water shall be |
597 | considered environmentally acceptable and not a threat to public |
598 | health and safety. The Legislature encourages the development of |
599 | incentive-based programs for reuse implementation. |
600 | (6) A reuse feasibility study prepared under subsection |
601 | (2) satisfies a water management district requirement to conduct |
602 | a reuse feasibility study imposed on a local government or |
603 | utility that has responsibility for wastewater management. The |
604 | data included in the study and the conclusions of the study must |
605 | be given significant consideration by the applicant and the |
606 | appropriate water management district in an analysis of the |
607 | economic, environmental, and technical feasibility of providing |
608 | reclaimed water for reuse under part II of chapter 373 and must |
609 | be presumed relevant to the determination of feasibility. A |
610 | water management district may not require a separate study when |
611 | a reuse feasibility study has been completed under subsection |
612 | (2). |
613 | (16) Utilities implementing reuse projects are encouraged, |
614 | except in the case of use by electric utilities as defined in s. |
615 | 366.02(2), to meter use of reclaimed water by all end users and |
616 | to charge for the use of reclaimed water based on the actual |
617 | volume used when such metering and charges can be shown to |
618 | encourage water conservation. Metering and the use of volume- |
619 | based rates are effective water management tools for the |
620 | following reuse activities: residential irrigation, agricultural |
621 | irrigation, industrial uses, landscape irrigation, irrigation of |
622 | other public access areas, commercial and institutional uses |
623 | such as toilet flushing, and transfers to other reclaimed water |
624 | utilities. Beginning with the submittal due on January 1, 2005, |
625 | each domestic wastewater utility that provides reclaimed water |
626 | for the reuse activities listed in this section shall include a |
627 | summary of its metering and rate structure as part of its annual |
628 | reuse report to the department. |
629 | Section 8. Section 403.0645, Florida Statutes, is created |
630 | to read: |
631 | 403.0645 Reclaimed water use at state facilities.-- |
632 | (1) The encouragement and promotion of reuse of reclaimed |
633 | water has been established as a state objective in ss. 373.250 |
634 | and 403.064. Reuse has become an integral part of water and |
635 | wastewater management in Florida, and Florida is recognized as a |
636 | national leader in water reuse. |
637 | (2) The state and various state agencies and water |
638 | management districts should take a leadership role in using |
639 | reclaimed water in lieu of other water sources. The use of |
640 | reclaimed water by state agencies and facilities will conserve |
641 | potable water and will serve an important public education |
642 | function. |
643 | (3) Each state agency and water management district shall |
644 | use reclaimed water to the greatest extent practicable for |
645 | landscape irrigation, toilet flushing, aesthetic features such |
646 | as decorative ponds and fountains, cooling water, and other |
647 | useful purposes allowed by department rules at state facilities, |
648 | including, but not limited to, parks, rest areas, visitor |
649 | welcome centers, buildings, college campuses, and other |
650 | facilities. |
651 | (4) Each state agency and water management district shall |
652 | submit to the Secretary of Environmental Protection by February |
653 | 1 of each year a summary of activities designed to utilize |
654 | reclaimed water at its facilities along with a summary of the |
655 | amounts of reclaimed water actually used for beneficial |
656 | purposes. |
657 | Section 9. Paragraph (b) of subsection (3) of section |
658 | 403.1835, Florida Statutes, is amended to read: |
659 | 403.1835 Water pollution control financial assistance.-- |
660 | (3) The department may provide financial assistance |
661 | through any program authorized under s. 603 of the Federal Water |
662 | Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as |
663 | amended, including, but not limited to, making grants and loans, |
664 | providing loan guarantees, purchasing loan insurance or other |
665 | credit enhancements, and buying or refinancing local debt. This |
666 | financial assistance must be administered in accordance with |
667 | this section and applicable federal authorities. The department |
668 | shall administer all programs operated from funds secured |
669 | through the activities of the Florida Water Pollution Control |
670 | Financing Corporation under s. 403.1837, to fulfill the purposes |
671 | of this section. |
672 | (b) The department may make or request the corporation to |
673 | make loans, grants, and deposits to other entities eligible to |
674 | participate in the financial assistance programs authorized |
675 | under the Federal Water Pollution Control Act, or as a result of |
676 | other federal action, which entities may pledge any revenue |
677 | available to them to repay any funds borrowed. Notwithstanding |
678 | s. 17.57, the department may make deposits to financial |
679 | institutions which earn less than the prevailing rate for United |
680 | States Treasury securities with corresponding maturities for the |
681 | purpose of enabling such financial institutions to make below- |
682 | market interest rate loans to entities qualified to receive |
683 | loans under this section and the rules of the department. |
684 | Section 10. The Legislature finds that, within the area |
685 | identified in the Lower East Coast Regional Water Supply Plan |
686 | approved by the South Florida Water Management District pursuant |
687 | to section 373.0361, Florida Statutes, the groundwater levels |
688 | can benefit from augmentation. The Legislature finds that the |
689 | direct or indirect discharge of reclaimed water into canals and |
690 | the aquifer system for transport and subsequent reuse may |
691 | provide an environmentally acceptable means to augment water |
692 | supplies and enhance natural systems; however, the Legislature |
693 | also recognizes that there are water quality and water quantity |
694 | issues that must be better understood and resolved. In addition, |
695 | cost savings may be possible by collocating enclosed conduits |
696 | for conveyance of water for reuse in this area within canal |
697 | rights-of-way which should be investigated. The Department of |
698 | Environmental Protection, in consultation with the South Florida |
699 | Water Management District, southeast Florida utilities, affected |
700 | local governments, including local governments with principal |
701 | responsibility for the operation and maintenance of a water |
702 | control system capable of conveying reclaimed wastewater for |
703 | reuse, representatives of the environmental and engineering |
704 | communities, public health professionals, and individuals who |
705 | have expertise in water quality, shall conduct a study to |
706 | investigate the feasibility of discharging reclaimed wastewater |
707 | into canals and the aquifer system as an environmentally |
708 | acceptable means of augmenting groundwater supplies, enhancing |
709 | natural systems, and conveying reuse water within enclosed |
710 | conduits within the canal right-of-way. In the event any |
711 | discharges are made as part of the study, such discharges must |
712 | comply with applicable federal, state and local law, including |
713 | applicable regulations. The study must include an assessment of |
714 | the water quality, water supply, public health, technical, and |
715 | legal implications related to the canal discharge and |
716 | collocation concepts. The department shall issue a preliminary |
717 | written report containing draft findings and recommendations for |
718 | public comment by November 1, 2005. The department shall provide |
719 | a written report on the results of its study, including public |
720 | comments received, to the Governor and the relevant substantive |
721 | committees of the Senate and the House of Representatives by |
722 | January 31, 2006. This section may not be used to alter the |
723 | purpose of the Comprehensive Everglades Restoration Plan or the |
724 | implementation of the Water Resources Development Act of 2000. |
725 | Section 11. This act shall take effect upon becoming a law |
726 | and shall apply to all contracts pending on that date. |