HB 0855CS

CHAMBER ACTION




1The 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
7An act relating to water resources; amending s. 159.803,
8F.S.; revising the definition of "priority project";
9creating s. 373.227, F.S.; requiring the development of a
10comprehensive statewide water conservation program for
11public water supply; establishing the purposes of the
12program; requiring the creation of a clearinghouse or
13inventory to provide an integrated database for
14information on public water supply conservation programs;
15authorizing public water supply utilities to propose goal-
16based water conservation plans or programs with measurable
17goals; providing that goal-based water conservation plans
18or programs that are developed by public water supply
19utilities and that provide reasonable assurance of
20achieving water conservation at least as well as
21conservation requirements adopted by the appropriate water
22management district meet water conservation requirements
23imposed as a condition of obtaining a consumptive use
24permit; requiring the submission of a report by the
25Department of Environmental Protection; providing
26rulemaking authority to the Department of Environmental
27Protection and the water management districts; amending s.
28373.0361, F.S.; providing for a public workshop on the
29development of regional water supply plans that include
30the consideration of population projections; providing for
31a list of water source options in regional water supply
32plans; providing additional regional water supply plan
33components; including conservation measures in regional
34water supply plans; revising specified reporting
35requirements of the Department of Environmental
36Protection; providing that a district water management
37plan may not be used as criteria for the review of permits
38for consumptive uses of water unless the plan or
39applicable portion thereof has been adopted by rule;
40providing construction; amending s. 373.0831, F.S.;
41revising the criteria by which water supply development
42projects may receive priority consideration for funding
43assistance; providing for permitting and funding of a
44proposed alternative water supply project identified in
45the relevant approved regional water supply plan; amending
46s. 373.1961, F.S.; providing funding priority; providing
47for the establishment of a revolving loan fund for
48alternative water supply projects; providing conditions
49for certain projects to receive funding assistance;
50amending s. 373.536, F.S.; expanding requirements of the
515-year water resource development work program for water
52management districts; amending s. 403.064, F.S.; revising
53provisions relating to reuse feasibility studies;
54providing for metering use of reclaimed water and volume-
55based rates therefor; requiring wastewater utilities to
56submit plans for metering use and volume-based rate
57structures to the department; creating s. 403.0645, F.S.;
58requiring certain uses of reclaimed water at state
59facilities; requiring state agencies and water management
60districts to submit to the Secretary of Environmental
61Protection periodic reports concerning reclaimed water
62use; amending s. 403.1835, F.S.; authorizing the
63Department of Environmental Protection to make specified
64deposits for the purpose of enabling below-market interest
65rate loans for treatment of polluted water; providing for
66a study of the feasibility of discharging reclaimed
67wastewater into canals and the aquifer system in a
68specified area as an environmentally acceptable means of
69accomplishing described objectives; requiring reports;
70providing an effective date.
71
72Be It Enacted by the Legislature of the State of Florida:
73
74     Section 1.  Subsection (5) of section 159.803, Florida
75Statutes, is amended to read:
76     159.803  Definitions.--As used in this part, the term:
77     (5)  "Priority project" means a solid waste disposal
78facility or a sewage facility, as such terms are defined in s.
79142 of the Code, or water facility, as defined in s. 142 of the
80Code, which is operated by a member-owned, not-for-profit
81utility, or any project which is to be located in an area which
82is an enterprise zone designated pursuant to s. 290.0065.
83     Section 2.  Section 373.227, Florida Statutes, is created
84to read:
85     373.227  Water conservation; legislative findings;
86legislative intent; objectives; comprehensive statewide water
87conservation program requirements.--
88     (1)  The Legislature recognizes that the proper
89conservation of water is an important means of achieving the
90economical and efficient utilization of water necessary, in
91part, to constitute a reasonable-beneficial use. The overall
92water conservation goal of the state is to prevent and reduce
93wasteful, uneconomical, impractical, or unreasonable use of
94water resources. The Legislature finds that the social,
95economic, and cultural conditions of the state relating to the
96use of public water supply vary by service area and that public
97water supply utilities must have the flexibility to tailor water
98conservation measures to best suit their individual
99circumstances. The Legislature encourages the use of efficient,
100effective, and affordable water conservation measures. Where
101water is provided by a public water supply utility, the
102Legislature intends that a variety of conservation measures be
103made available and used to encourage efficient water use. To
104achieve these conservation objectives, the state should
105emphasize goal-based, accountable, tailored, and measurable
106water conservation programs for public water supply. For
107purposes of this section, "public water supply utility" shall
108include both publicly owned and privately owned public water
109supply utilities that sell potable water on a retail basis to
110end users.
111     (2)  To implement the findings in subsection (1), the
112department, in cooperation with the water management districts
113and other stakeholders, shall develop a comprehensive statewide
114water conservation program for public water supply. The program
115should:
116     (a)  Encourage utilities to implement water conservation
117programs which are economically efficient, effective,
118affordable, and appropriate;
119     (b)  Allow no reduction in, and increase where possible,
120utility-specific water conservation effectiveness over current
121programs;
122     (c)  Be goal-based, accountable, measurable, and
123implemented collaboratively with water suppliers, water users,
124and water management agencies;
125     (d)  Include cost and benefit data on individual water
126conservation practices to assist in tailoring practices to be
127effective for the unique characteristics of particular utility
128service areas, focusing upon cost-effective measures;
129     (e)  Use standardized public water supply conservation
130definitions and standardized quantitative and qualitative
131performance measures for an overall system of assessing and
132benchmarking the effectiveness of water conservation programs
133and practices;
134     (f)  Create a clearinghouse or inventory for water
135conservation programs and practices available to public water
136supply utilities that will provide an integrated statewide
137database for the collection, evaluation, and dissemination of
138quantitative and qualitative information on public water supply
139conservation programs and practices and their effectiveness. The
140clearinghouse or inventory should have technical assistance
141capabilities to aid in the design, refinement, and
142implementation of water conservation programs and practices. The
143clearinghouse or inventory shall also provide for continual
144assessment of the effectiveness of water conservation programs
145and practices;
146     (g)  Develop a standardized water conservation planning
147process for utilities; and
148     (h)  Develop and maintain a Florida-specific water
149conservation guidance document containing a menu of affordable
150and effective water conservation practices to assist public
151water supply utilities in the design and implementation of goal-
152based, utility-specific water conservation plans tailored for
153their individual service areas as provided in subsection (4).
154     (3)  Regarding the use of water conservation or drought
155rate structures as a conservation practice, a water management
156district shall afford a public water supply utility wide
157latitude in selecting a rate structure and shall limit its
158review to whether the utility has provided reasonable assurance
159that the rate structure contains a schedule of rates designed to
160promote efficient use of water by providing economic incentives.
161A water management district shall not fix or revise rates.
162     (4)  As part of an application for a consumptive use
163permit, a public water supply utility may propose a goal-based
164water conservation plan or program that is tailored to its
165individual circumstances in lieu of the water conservation
166requirements adopted by the appropriate water management
167district. Progress towards goals must be measurable. If the
168utility provides reasonable assurance that the plan will achieve
169effective water conservation at least as well as the water
170conservation requirements adopted by the appropriate water
171management district, and is consistent with s. 373.223, F.S.,
172the district must approve the plan which shall satisfy water
173conservation requirements imposed as a condition of obtaining a
174consumptive use permit. The conservation measures included in an
175approved goal-based water conservation plan may be reviewed
176periodically and updated as needed to ensure efficient water use
177for the duration of the permit. If the plan fails to meet the
178water conservation goal or goals by the timeframes specified in
179the permit, then the public water supply utility shall either
180revise the plan to address the deficiency or employ the water
181conservation requirements that would otherwise apply in the
182absence of an approved goal-based plan.  
183     (5)  By December 1, 2005, the department is directed to
184submit a written report to the President of the Senate, the
185Speaker of the House of Representatives, and the appropriate
186substantive committees of the Senate and the House of
187Representatives on the progress made in implementing the
188comprehensive statewide water conservation program for public
189water supply required by this section. The report shall include
190any statutory changes and funding requests necessary for
191continued development and implementation of the program.
192     (6)  The department or a water management district may
193adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out
194the purposes of this section.
195     Section 3.  Subsections (1), (2), (5), and (6) of section
196373.0361, Florida Statutes, are amended to read:
197     373.0361  Regional water supply planning.--
198     (1)  By October 1, 1998, the governing board shall initiate
199water supply planning for each water supply planning region
200identified in the district water management plan under s.
201373.036, where it determines that sources of water are not
202adequate for the planning period to supply water for all
203existing and projected reasonable-beneficial uses and to sustain
204the water resources and related natural systems. The planning
205must be conducted in an open public process, in coordination and
206cooperation with local governments, regional water supply
207authorities, government-owned and privately owned water
208utilities, self-suppliers, and other affected and interested
209parties. During development but prior to completion of the
210regional water supply plan, the district must conduct at least
211one public workshop to discuss the technical data and modeling
212tools anticipated to be used to support the plan. A
213determination by the governing board that initiation of a
214regional water supply plan for a specific planning region is not
215needed pursuant to this section shall be subject to s. 120.569.
216The governing board shall reevaluate such a determination at
217least once every 5 years and shall initiate a regional water
218supply plan, if needed, pursuant to this subsection.
219     (2)  Each regional water supply plan shall be based on at
220least a 20-year planning period and shall include, but not be
221limited to:
222     (a)  A water supply development component that includes:
223     1.  A quantification of the water supply needs for all
224existing and reasonably projected future uses within the
225planning horizon. The level-of-certainty planning goal
226associated with identifying the water supply needs of existing
227and future reasonable-beneficial uses shall be based upon
228meeting those needs for a 1-in-10-year drought event. Population
229projections used for determining public water supply needs must
230be based upon the best available data. In determining the best
231available data, the district shall consider the University of
232Florida's Bureau of Economic and Business Research (BEBR) medium
233population projections and any population projection data and
234analysis submitted by a local government pursuant to the public
235workshop described in subsection (1) if the data and analysis
236support the local government's comprehensive plan. Any
237adjustment of or deviation from the BEBR projections must be
238fully described, and the original BEBR data must be presented
239along with the adjusted data.
240     2.  A list of water source options for water supply
241development, including traditional and alternative source
242options sources, from which local government, government-owned
243and privately owned utilities, self-suppliers, and others may
244choose, for water supply development, the total capacity of
245which will, in conjunction with water conservation and other
246demand management measures, exceed the needs identified in
247subparagraph 1.
248     3.  For each option listed in subparagraph 2., the
249estimated amount of water available for use and the estimated
250costs of and potential sources of funding for water supply
251development.
252     4.  A list of water supply development projects that meet
253the 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
256that 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
259through the project.
260     b.  The timetable for implementing or constructing the
261project and the estimated costs for implementing, operating, and
262maintaining the project.
263     c.  Sources of funding and funding needs.
264     d.  Who will implement the project and how it will be
265implemented.
266     (c)  The recovery and prevention strategy described in s.
267373.0421(2).
268     (d)  A funding strategy for water resource development
269projects, which shall be reasonable and sufficient to pay the
270cost of constructing or implementing all of the listed projects.
271     (e)  Consideration of how the options addressed in
272paragraphs (a) and (b) serve the public interest or save costs
273overall by preventing the loss of natural resources or avoiding
274greater future expenditures for water resource development or
275water supply development. However, unless adopted by rule, these
276considerations do not constitute final agency action.
277     (f)  The technical data and information applicable to the
278planning region which are contained in the district water
279management plan and are necessary to support the regional water
280supply plan.
281     (g)  The minimum flows and levels established for water
282resources within the planning region.
283     (h)  Reservations of water adopted by rule pursuant to s.
284373.223(4).
285     (i)  An analysis, developed in cooperation with the
286department, of areas or instances in which the variance
287provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
288create water supply development or water resource development
289projects.
290
291Within the boundaries of a regional water supply authority in
292the Southwest Florida Water Management District, the water
293supply development component of the regional water supply plan
294relating to the use of water by the authority shall be developed
295jointly by the authority and the district.
296     (5)  By November 15, 1997, and Annually and in conjunction
297with the reporting requirements of s. 373.536(6)(a)4.
298thereafter, the department shall submit to the Governor and the
299Legislature a report on the status of regional water supply
300planning in each district. The report shall include:
301     (a)  A compilation of the estimated costs of and potential
302sources of funding for water resource development and water
303supply development projects, as identified in the water
304management district regional water supply plans.
305     (b)  A description of each district's progress toward
306achieving its water resource development objectives, as directed
307by s. 373.0831(3), including the district's implementation of
308its 5-year water resource development work program.
309     (c)  An assessment of the overall progress being made to
310develop water supply that is consistent with regional water
311supply plans to meet existing and future reasonable-beneficial
312needs during a 1-in-10-year drought.
313     (6)  Nothing contained in the water supply development
314component of the district water management plan shall be
315construed to require local governments, government-owned or
316privately owned water utilities, self-suppliers, or other water
317suppliers to select a water supply development option identified
318in the component merely because it is identified in the plan,
319nor may the plan be used in the review of permits under part II
320unless the plan, or an applicable portion thereof, has been
321adopted by rule. However, this subsection does not prohibit a
322water management district from employing the data or other
323information used to establish the plan in reviewing permits
324under part II, nor does it shall not be construed to limit the
325authority of the department or governing board under part II.
326     Section 4.  Subsection (3) of section 373.0831, Florida
327Statutes, is amended, and paragraph (c) is added to subsection
328(4) of that section, to read:
329     373.0831  Water resource development; water supply
330development.--
331     (3)  The water management districts shall fund and
332implement water resource development as defined in s. 373.019.
333The water management districts are encouraged to implement water
334resource development as expeditiously as possible in areas
335subject to regional water supply plans. Each governing board
336shall include in its annual budget the amount needed for the
337fiscal year to implement water resource development projects, as
338prioritized in its regional water supply plans.
339     (4)
340     (c)  If a proposed alternative water supply development
341project is identified in the relevant approved regional water
342supply plan, the project shall receive:
343     1.  A 20-year consumptive use permit, if it otherwise meets
344the permit requirements under ss. 373.223 and 373.236 and rules
345adopted thereunder.
346     2.  Consideration for priority funding pursuant to s.
347373.1961(2) if the project meets one of the criteria in this
348subsection.
349     Section 5.  Subsection (2) of section 373.1961, Florida
350Statutes, is amended to read:
351     373.1961  Water production.--
352     (2)  The Legislature finds that, due to a combination of
353factors, vastly increased demands have been placed on natural
354supplies of fresh water, and that, absent increased development
355of alternative water supplies, such demands may increase in the
356future. The Legislature also finds that potential exists in the
357state for the production of significant quantities of
358alternative water supplies, including reclaimed water, and that
359water production includes the development of alternative water
360supplies, including reclaimed water, for appropriate uses. It is
361the intent of the Legislature that utilities develop reclaimed
362water systems, where reclaimed water is the most appropriate
363alternative water supply option, to deliver reclaimed water to
364as many users as possible through the most cost-effective means,
365and to construct reclaimed water system infrastructure to their
366owned or operated properties and facilities where they have
367reclamation capability. It is also the intent of the Legislature
368that the water management districts which levy ad valorem taxes
369for water management purposes should share a percentage of those
370tax revenues with water providers and users, including local
371governments, water, wastewater, and reuse utilities, municipal,
372industrial, and agricultural water users, and other public and
373private water users, to be used to supplement other funding
374sources in the development of alternative water supplies. The
375Legislature finds that public moneys or services provided to
376private entities for such uses constitute public purposes which
377are in the public interest. In order to further the development
378and use of alternative water supply systems, including reclaimed
379water systems, the Legislature provides the following:
380     (a)  The governing boards of the water management districts
381where water resource caution areas have been designated shall
382include in their annual budgets an amount for the development of
383alternative water supply systems, including reclaimed water
384systems, pursuant to the requirements of this subsection.
385Beginning in 1996, such amounts shall be made available to water
386providers and users no later than December 31 of each year,
387through grants, matching grants, revolving loans, or the use of
388district lands or facilities pursuant to the requirements of
389this subsection and guidelines established by the districts. In
390making grants or loans, funding priority must be given to
391projects in accordance with s. 373.0831(4). Without diminishing
392amounts available through other means described in this
393paragraph, the governing boards are encouraged to consider
394establishing revolving loan funds to expand the total funds
395available to accomplish the objectives of this section. A
396revolving loan fund created under this paragraph must be a
397nonlapsing fund from which the water management district may
398make loans with interest rates below prevailing market rates to
399public or private entities for the purposes described in this
400section. The governing board may adopt resolutions to establish
401revolving loan funds which must specify the details of the
402administration of the fund, the procedures for applying for
403loans from the fund, the criteria for awarding loans from the
404fund, the initial capitalization of the fund, and the goals for
405future capitalization of the fund in subsequent budget years.
406Revolving loan funds created under this paragraph must be used
407to expand the total sums and sources of cooperative funding
408available for the development of alternative water supplies. The
409Legislature does not intend for the creation of revolving loan
410funds to supplant or otherwise reduce existing sources or
411amounts of funds currently available through other means.
412     (b)  It is the intent of the Legislature that for each
413reclaimed water utility, or any other utility, which receives
414funds pursuant to this subsection, the appropriate rate-setting
415authorities should develop rate structures for all water,
416wastewater, and reclaimed water and other alternative water
417supply utilities in the service area of the funded utility,
418which accomplish the following:
419     1.  Provide meaningful progress toward the development and
420implementation of alternative water supply systems, including
421reclaimed water systems;
422     2.  Promote the conservation of fresh water withdrawn from
423natural systems;
424     3.  Provide for an appropriate distribution of costs for
425all water, wastewater, and alternative water supply utilities,
426including reclaimed water utilities, among all of the users of
427those utilities; and
428     4.  Prohibit rate discrimination within classes of utility
429users.
430     (c)  Funding assistance provided by the water management
431districts for a water reuse system project may include the
432following grant or loan conditions for that project if the water
433management district determines that such conditions will
434encourage water use efficiency:
435     1.  Metering of reclaimed water use for the following
436activities: residential irrigation, agricultural irrigation,
437industrial uses except for electric utilities as defined in s.
438366.02(2), landscape irrigation, irrigation of other public
439access areas, commercial and institutional uses such as toilet
440flushing, and transfers to other reclaimed water utilities.
441     2.  Implementation of reclaimed water rate structures based
442on actual use of reclaimed water for the types of reuse
443activities listed in subparagraph 1.
444     3.  Implementation of education programs to inform the
445public about water issues, water conservation, and the
446importance 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
449this subsection, a project must be consistent with a local
450government comprehensive plan and the governing body of the
451local government must require all appropriate new facilities
452within the project's service area to connect to and use the
453project's alternative water supplies. The appropriate local
454government must provide written notification to the appropriate
455district that the proposed project is consistent with the local
456government comprehensive plan.
457     (e)(d)  Any and all revenues disbursed pursuant to this
458subsection shall be applied only for the payment of capital or
459infrastructure costs for the construction of alternative water
460supply systems that provide alternative water supplies.
461     (f)(e)  By January 1 of each year, the governing boards
462shall make available written guidelines for the disbursal of
463revenues pursuant to this subsection. Such guidelines shall
464include at minimum:
465     1.  An application process and a deadline for filing
466applications annually.
467     2.  A process for determining project eligibility pursuant
468to the requirements of paragraphs (d) (c) and (e) (d).
469     3.  A process and criteria for funding projects pursuant to
470this subsection that cross district boundaries or that serve
471more than one district.
472     (g)(f)  The governing board of each water management
473district shall establish an alternative water supplies grants
474advisory committee to recommend to the governing board projects
475for funding pursuant to this subsection. The advisory committee
476members shall include, but not be limited to, one or more
477representatives of county, municipal, and investor-owned private
478utilities, and may include, but not be limited to,
479representatives of agricultural interests and environmental
480interests. Each committee member shall represent his or her
481interest group as a whole and shall not represent any specific
482entity. The committee shall apply the guidelines and project
483eligibility criteria established by the governing board in
484reviewing proposed projects. After one or more hearings to
485solicit public input on eligible projects, the committee shall
486rank the eligible projects and shall submit them to the
487governing board for final funding approval. The advisory
488committee may submit to the governing board more projects than
489the available grant money would fund.
490     (h)(g)  All revenues made available annually pursuant to
491this subsection must be encumbered annually by the governing
492board if it approves projects sufficient to expend the available
493revenues. Funds must be disbursed within 36 months after
494encumbrance.
495     (i)(h)  For purposes of this subsection, alternative water
496supplies are supplies of water that have been reclaimed after
497one or more public supply, municipal, industrial, commercial, or
498agricultural uses, or are supplies of stormwater, or brackish or
499salt water, that have been treated in accordance with applicable
500rules and standards sufficient to supply the intended use.
501     (j)(i)  This subsection shall not be subject to the
502rulemaking requirements of chapter 120.
503     (k)(j)  By January 30 of each year, each water management
504district shall submit an annual report to the Governor, the
505President of the Senate, and the Speaker of the House of
506Representatives which accounts for the disbursal of all budgeted
507amounts pursuant to this subsection. Such report shall describe
508all projects funded and shall account separately for moneys
509provided through grants, matching grants, revolving loans, and
510the use of district lands or facilities.
511     (l)(k)  The Florida Public Service Commission shall allow
512entities under its jurisdiction constructing alternative water
513supply facilities, including but not limited to aquifer storage
514and recovery wells, to recover the full, prudently incurred cost
515of such facilities through their rate structure. Every component
516of an alternative water supply facility constructed by an
517investor-owned utility shall be recovered in current rates.
518     Section 6.  Paragraph (a) of subsection (6) of section
519373.536, Florida Statutes, is amended to read:
520     373.536  District budget and hearing thereon.--
521     (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
522WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
523     (a)  Each district must, by the date specified for each
524item, furnish copies of the following documents to the Governor,
525the President of the Senate, the Speaker of the House of
526Representatives, the chairs of all legislative committees and
527subcommittees having substantive or fiscal jurisdiction over the
528districts, as determined by the President of the Senate or the
529Speaker of the House of Representatives as applicable, the
530secretary of the department, and the governing board of each
531county in which the district has jurisdiction or derives any
532funds for the operations of the district:
533     1.  The adopted budget, to be furnished within 10 days
534after its adoption.
535     2.  A financial audit of its accounts and records, to be
536furnished within 10 days after its acceptance by the governing
537board. The audit must be conducted in accordance with the
538provisions of s. 11.45 and the rules adopted thereunder. In
539addition to the entities named above, the district must provide
540a copy of the audit to the Auditor General within 10 days after
541its acceptance by the governing board.
542     3.  A 5-year capital improvements plan, to be furnished
543within 45 days after the adoption of the final budget. The plan
544must include expected sources of revenue for planned
545improvements and must be prepared in a manner comparable to the
546fixed capital outlay format set forth in s. 216.043.
547     4.  A 5-year water resource development work program to be
548furnished within 45 days after the adoption of the final budget.
549The program must describe the district's implementation strategy
550for the water resource development component of each approved
551regional water supply plan developed or revised under s.
552373.0361. The work program must address all the elements of the
553water resource development component in the district's approved
554regional water supply plans and must identify which projects in
555the work program will provide water, explain how each water
556resource development project will produce additional water
557available for consumptive uses, estimate the quantity of water
558to be produced by each project, and provide an assessment of the
559contribution of the district's regional water supply plans in
560providing sufficient water to meet the water supply needs of
561existing and future reasonable-beneficial uses for a 1-in-10-
562year drought event. Within 45 days after its submittal, the
563department shall review the proposed work program and submit its
564findings, questions, and comments to the district. The review
565must include a written evaluation of the program's consistency
566with the furtherance of the district's approved regional water
567supply plans, and the adequacy of proposed expenditures. As part
568of the review, the department shall give interested parties the
569opportunity to provide written comments on each district's
570proposed work program. Within 60 days after receipt of the
571department's evaluation, the governing board shall state in
572writing to the department which changes recommended in the
573evaluation it will incorporate into its work program or specify
574the reasons for not incorporating the changes. The department
575shall include the district's responses in a final evaluation
576report and shall submit a copy of the report to the Governor,
577the President of the Senate, and the Speaker of the House of
578Representatives.
579     (b)  If any entity listed in paragraph (a) provides written
580comments to the district regarding any document furnished under
581this subsection, the district must respond to the comments in
582writing and furnish copies of the comments and written responses
583to the other entities.
584     Section 7.  Subsections (1) and (6) of section 403.064,
585Florida Statutes, are amended, and subsection (16) is added to
586that section, to read:
587     403.064  Reuse of reclaimed water.--
588     (1)  The encouragement and promotion of water conservation,
589and reuse of reclaimed water, as defined by the department, are
590state objectives and are considered to be in the public
591interest. The Legislature finds that the reuse of reclaimed
592water is a critical component of meeting the state's existing
593and future water supply needs while sustaining natural systems.
594The Legislature further finds that for those wastewater
595treatment plants permitted and operated under an approved reuse
596program by the department, the reclaimed water shall be
597considered environmentally acceptable and not a threat to public
598health and safety. The Legislature encourages the development of
599incentive-based programs for reuse implementation.
600     (6)  A reuse feasibility study prepared under subsection
601(2) satisfies a water management district requirement to conduct
602a reuse feasibility study imposed on a local government or
603utility that has responsibility for wastewater management. The
604data included in the study and the conclusions of the study must
605be given significant consideration by the applicant and the
606appropriate water management district in an analysis of the
607economic, environmental, and technical feasibility of providing
608reclaimed water for reuse under part II of chapter 373 and must
609be presumed relevant to the determination of feasibility. A
610water management district may not require a separate study when
611a reuse feasibility study has been completed under subsection
612(2).
613     (16)  Utilities implementing reuse projects are encouraged,
614except in the case of use by electric utilities as defined in s.
615366.02(2), to meter use of reclaimed water by all end users and
616to charge for the use of reclaimed water based on the actual
617volume used when such metering and charges can be shown to
618encourage water conservation. Metering and the use of volume-
619based rates are effective water management tools for the
620following reuse activities: residential irrigation, agricultural
621irrigation, industrial uses, landscape irrigation, irrigation of
622other public access areas, commercial and institutional uses
623such as toilet flushing, and transfers to other reclaimed water
624utilities. Beginning with the submittal due on January 1, 2005,
625each domestic wastewater utility that provides reclaimed water
626for the reuse activities listed in this section shall include a
627summary of its metering and rate structure as part of its annual
628reuse report to the department.
629     Section 8.  Section 403.0645, Florida Statutes, is created
630to read:
631     403.0645  Reclaimed water use at state facilities.--
632     (1)  The encouragement and promotion of reuse of reclaimed
633water has been established as a state objective in ss. 373.250
634and 403.064. Reuse has become an integral part of water and
635wastewater management in Florida, and Florida is recognized as a
636national leader in water reuse.
637     (2)  The state and various state agencies and water
638management districts should take a leadership role in using
639reclaimed water in lieu of other water sources. The use of
640reclaimed water by state agencies and facilities will conserve
641potable water and will serve an important public education
642function.
643     (3)  Each state agency and water management district shall
644use reclaimed water to the greatest extent practicable for
645landscape irrigation, toilet flushing, aesthetic features such
646as decorative ponds and fountains, cooling water, and other
647useful purposes allowed by department rules at state facilities,
648including, but not limited to, parks, rest areas, visitor
649welcome centers, buildings, college campuses, and other
650facilities.
651     (4)  Each state agency and water management district shall
652submit to the Secretary of Environmental Protection by February
6531 of each year a summary of activities designed to utilize
654reclaimed water at its facilities along with a summary of the
655amounts of reclaimed water actually used for beneficial
656purposes.
657     Section 9.  Paragraph (b) of subsection (3) of section
658403.1835, Florida Statutes, is amended to read:
659     403.1835  Water pollution control financial assistance.--
660     (3)  The department may provide financial assistance
661through any program authorized under s. 603 of the Federal Water
662Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as
663amended, including, but not limited to, making grants and loans,
664providing loan guarantees, purchasing loan insurance or other
665credit enhancements, and buying or refinancing local debt. This
666financial assistance must be administered in accordance with
667this section and applicable federal authorities. The department
668shall administer all programs operated from funds secured
669through the activities of the Florida Water Pollution Control
670Financing Corporation under s. 403.1837, to fulfill the purposes
671of this section.
672     (b)  The department may make or request the corporation to
673make loans, grants, and deposits to other entities eligible to
674participate in the financial assistance programs authorized
675under the Federal Water Pollution Control Act, or as a result of
676other federal action, which entities may pledge any revenue
677available to them to repay any funds borrowed. Notwithstanding
678s. 17.57, the department may make deposits to financial
679institutions which earn less than the prevailing rate for United
680States Treasury securities with corresponding maturities for the
681purpose of enabling such financial institutions to make below-
682market interest rate loans to entities qualified to receive
683loans under this section and the rules of the department.
684     Section 10.  The Legislature finds that, within the area
685identified in the Lower East Coast Regional Water Supply Plan
686approved by the South Florida Water Management District pursuant
687to section 373.0361, Florida Statutes, the groundwater levels
688can benefit from augmentation. The Legislature finds that the
689direct or indirect discharge of reclaimed water into canals and
690the aquifer system for transport and subsequent reuse may
691provide an environmentally acceptable means to augment water
692supplies and enhance natural systems; however, the Legislature
693also recognizes that there are water quality and water quantity
694issues that must be better understood and resolved. In addition,
695cost savings may be possible by collocating enclosed conduits
696for conveyance of water for reuse in this area within canal
697rights-of-way which should be investigated. The Department of
698Environmental Protection, in consultation with the South Florida
699Water Management District, southeast Florida utilities, affected
700local governments, including local governments with principal
701responsibility for the operation and maintenance of a water
702control system capable of conveying reclaimed wastewater for
703reuse, representatives of the environmental and engineering
704communities, public health professionals, and individuals who
705have expertise in water quality, shall conduct a study to
706investigate the feasibility of discharging reclaimed wastewater
707into canals and the aquifer system as an environmentally
708acceptable means of augmenting groundwater supplies, enhancing
709natural systems, and conveying reuse water within enclosed
710conduits within the canal right-of-way. In the event any
711discharges are made as part of the study, such discharges must
712comply with applicable federal, state and local law, including
713applicable regulations. The study must include an assessment of
714the water quality, water supply, public health, technical, and
715legal implications related to the canal discharge and
716collocation concepts. The department shall issue a preliminary
717written report containing draft findings and recommendations for
718public comment by November 1, 2005. The department shall provide
719a written report on the results of its study, including public
720comments received, to the Governor and the relevant substantive
721committees of the Senate and the House of Representatives by
722January 31, 2006. This section may not be used to alter the
723purpose of the Comprehensive Everglades Restoration Plan or the
724implementation of the Water Resources Development Act of 2000.
725     Section 11.  This act shall take effect upon becoming a law
726and shall apply to all contracts pending on that date.


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