Senate Bill sb1748c1

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    Florida Senate - 2005                           CS for SB 1748

    By the Committee on Agriculture





    575-1722B-05

  1                      A bill to be entitled

  2         An act relating to agricultural water

  3         conservation; requiring each water management

  4         district to review rule criteria for

  5         environmental resource permits, existing permit

  6         exemptions, and alternatives to standard

  7         permitting programs and recommend regulatory

  8         alternatives that will encourage agricultural

  9         water conservation; requiring a report by the

10         Department of Agriculture and Consumer Services

11         and the Department of Environmental Protection

12         to the appropriate legislative committees;

13         amending s. 373.236, F.S.; authorizing the

14         issuance of permits for agricultural production

15         for a specified period for uses that

16         incorporate agricultural water conservation

17         measures and provide a 10-percent net reduction

18         in permitted water use or the replacement of a

19         water supply source; amending s. 373.406, F.S.;

20         providing that an exemption provided for

21         activities having minimal adverse impact does

22         not apply to any activities that are conducted

23         as mitigation for wetland or other surface

24         water impacts; amending s. 373.414, F.S.;

25         authorizing the governing board of a water

26         management district or the department to adopt

27         criteria by rule for issuing permits for the

28         use of wetlands for implementing agricultural

29         water conservation measures; amending s.

30         373.2234, F.S.; conforming a cross-reference;

31         providing an effective date.

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    Florida Senate - 2005                           CS for SB 1748
    575-1722B-05




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

 2  

 3         Section 1.  Each water management district, in

 4  cooperation with the Department of Environmental Protection

 5  and the Department of Agriculture and Consumer Services, shall

 6  review rule criteria for environmental resource permits,

 7  existing permit exemptions, and alternatives to standard

 8  permitting programs, such as the Agricultural Ground and

 9  Surface Water Management Program implemented within the

10  Southwest Florida Water Management District, and make

11  recommendations to the Legislature regarding regulatory

12  alternatives that will encourage agricultural water

13  conservation. By October 1, 2005, the Department of

14  Agriculture and Consumer Services and the Department of

15  Environmental Protection shall provide recommendations

16  developed by the review to the chairs of the Senate Committee

17  on Agriculture, the Senate Committee on Environmental

18  Preservation, the House of Representatives Committee on

19  Agriculture, and the House of Representatives Committee on

20  Water and Natural Resources.

21         Section 2.  Present subsection (3) of section 373.236,

22  Florida Statutes, is redesignated as subsection (4), and a new

23  subsection (3) is added to that section, to read:

24         373.236  Duration of permits; compliance reports.--

25         (3)  In addition to the other provisions of this

26  section, permits for agricultural production shall be issued

27  for a period of 20 years for uses that incorporate

28  agricultural water conservation measures and that provide a

29  10-percent net reduction in permitted water use, or the

30  replacement of a water supply source that has been negatively

31  impacted by water-use withdrawals, if there is sufficient data

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    Florida Senate - 2005                           CS for SB 1748
    575-1722B-05




 1  to provide reasonable assurance that the conditions for

 2  issuance will be met for the 20-year duration; otherwise,

 3  permits may be issued for shorter durations that reflect the

 4  period for which such reasonable assurances can be provided.

 5         Section 3.  Subsection (9) of section 373.406, Florida

 6  Statutes, is amended to read:

 7         373.406  Exemptions.--The following exemptions shall

 8  apply:

 9         (9)  Implementation of measures having the primary

10  purpose of environmental restoration, water conservation, or

11  water quality improvement on agricultural lands are exempt

12  from regulation under this part where these measures or

13  practices are determined by the district or department, on a

14  case-by-case basis, to have minimal or insignificant

15  individual and cumulative adverse impact on the water

16  resources of the district state. The district or department

17  shall provide written notification as to whether the proposed

18  activity qualifies for the exemption within 30 days after

19  receipt of a written notice requesting the exemption. No

20  activity under this exemption shall commence until the

21  district or department has provided written notice that the

22  activity qualifies for the exemption. This exemption does not

23  apply to any activities that are conducted as mitigation for

24  wetland or other surface water impacts or any activities

25  within a mitigation bank.

26         Section 4.  Subsections (4) and (9) of section 373.414,

27  Florida Statutes, are amended to read:

28         373.414  Additional criteria for activities in surface

29  waters and wetlands.--

30         (4)(a)  It is the intent of the Legislature to provide

31  for the use of certain wetlands for implementing agricultural

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    Florida Senate - 2005                           CS for SB 1748
    575-1722B-05




 1  water conservation measures, including the storage of

 2  irrigation tailwater for future use, when such measures are

 3  compatible with the ecological characteristics of such waters.

 4  To accomplish this, the governing board or the department may

 5  establish by rule criteria for the issuance of general permits

 6  for the use of certain wetlands for implementing agricultural

 7  water conservation measures. At a minimum, the rule must

 8  include specific criteria for the use of small, previously

 9  drained isolated wetlands, including size thresholds, and

10  consideration of the resource benefits of water conservation.

11         (b)  It is the intent of the Legislature to provide for

12  the use of certain wetlands to receive and treat domestic

13  wastewater that at a minimum has been treated to secondary

14  standards.  The department may by rule establish criteria for

15  this activity, which criteria protect the type, nature, and

16  function of the wetlands receiving the wastewater.

17         (9)  The department and the governing boards, on or

18  before July 1, 1994, shall adopt rules to incorporate the

19  provisions of this section, relying primarily on the existing

20  rules of the department and the water management districts,

21  into the rules governing the management and storage of surface

22  waters.  Such rules shall seek to achieve a statewide,

23  coordinated and consistent permitting approach to activities

24  regulated under this part. Variations in permitting criteria

25  in the rules of individual water management districts or the

26  department shall only be provided to address differing

27  physical or natural characteristics. Such rules adopted

28  pursuant to this subsection shall include the special criteria

29  adopted pursuant to s. 403.061(29) and may include the special

30  criteria adopted pursuant to s. 403.061(34). Such rules shall

31  include a provision requiring that a notice of intent to deny

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    Florida Senate - 2005                           CS for SB 1748
    575-1722B-05




 1  or a permit denial based upon this section shall contain an

 2  explanation of the reasons for such denial and an explanation,

 3  in general terms, of what changes, if any, are necessary to

 4  address such reasons for denial. Such Rules adopted pursuant

 5  to this chapter may establish exemptions and general permits,

 6  if such exemptions and general permits do not allow

 7  significant adverse impacts to occur individually or

 8  cumulatively. Such Rules adopted pursuant to this part may

 9  require submission of proof of financial responsibility which

10  may include the posting of a bond or other form of surety

11  prior to the commencement of construction to provide

12  reasonable assurance that any activity permitted pursuant to

13  this section, including any mitigation for such permitted

14  activity, will be completed in accordance with the terms and

15  conditions of the permit once the construction is commenced.

16  Until rules adopted pursuant to this subsection become

17  effective, existing rules adopted under this part and rules

18  adopted pursuant to the authority of ss. 403.91-403.929 shall

19  be deemed authorized under this part and shall remain in full

20  force and effect. Neither the department nor the governing

21  boards are limited or prohibited from amending any such rules.

22         Section 5.  Section 373.2234, Florida Statutes, is

23  amended to read:

24         373.2234  Preferred water supply sources.--The

25  governing board of a water management district is authorized

26  to adopt rules that identify preferred water supply sources

27  for consumptive uses for which there is sufficient data to

28  establish that a preferred source will provide a substantial

29  new water supply to meet the existing and projected

30  reasonable-beneficial uses of a water supply planning region

31  identified pursuant to s. 373.0361(1), while sustaining

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    Florida Senate - 2005                           CS for SB 1748
    575-1722B-05




 1  existing water resources and natural systems. At a minimum,

 2  such rules must contain a description of the preferred water

 3  supply source and an assessment of the water the preferred

 4  source is projected to produce. If an applicant proposes to

 5  use a preferred water supply source, that applicant's proposed

 6  water use is subject to s. 373.223(1), except that the

 7  proposed use of a preferred water supply source must be

 8  considered by a water management district when determining

 9  whether a permit applicant's proposed use of water is

10  consistent with the public interest pursuant to s.

11  373.223(1)(c). A consumptive use permit issued for the use of

12  a preferred water supply source must be granted, when

13  requested by the applicant, for at least a 20-year period and

14  may be subject to the compliance reporting provisions of s.

15  373.236(4) s. 373.236(3). Nothing in this section shall be

16  construed to exempt the use of preferred water supply sources

17  from the provisions of ss. 373.016(4) and 373.223(2) and (3),

18  or be construed to provide that permits issued for the use of

19  a nonpreferred water supply source must be issued for a

20  duration of less than 20 years or that the use of a

21  nonpreferred water supply source is not consistent with the

22  public interest. Additionally, nothing in this section shall

23  be interpreted to require the use of a preferred water supply

24  source or to restrict or prohibit the use of a nonpreferred

25  water supply source. Rules adopted by the governing board of a

26  water management district to implement this section shall

27  specify that the use of a preferred water supply source is not

28  required and that the use of a nonpreferred water supply

29  source is not restricted or prohibited.

30         Section 6.  This act shall take effect July 1, 2005.

31  

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    Florida Senate - 2005                           CS for SB 1748
    575-1722B-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1748

 3                                 

 4  Committee Substitute for Senate Bill 1748 is different from
    Senate Bill 1748 in that it:
 5  
    1.   Deletes a provision that authorizes a water management
 6       district governing board or the department to authorize,
         under a general permit, the on-site relocation or filling
 7       of isolated wetlands on agricultural lands that are
         individually less than five acres in area;
 8  
    2.   Clarifies that an exemption provided in s.373.406, F.S.,
 9       applies to both existing and proposed mitigation banks;

10  3.   Requires the Department of Environmental Protection as
         well as the Department of Agriculture and Consumer
11       Services to make certain recommendations to the
         Legislature; and
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    4.   Makes technical corrections.
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