1

A bill to be entitled

2

An act relating to reclaimed water development; amending

3

s. 373.250, F.S.; defining the term "reuse of reclaimed

4

water" to include certain specified uses; providing that

5

reclaimed water is available to a consumptive use permit

6

applicant; requiring a water management district to

7

require the use of reclaimed water under certain

8

circumstances; providing that the use of reclaimed water

9

is economically feasible if provided for a charge less

10

than or equal to the charge for potable water provided by

11

a water utility located in the permit applicant's service

12

area; providing that the charge for potable water provided

13

by the closest water utility will determine economic

14

feasibility if the proposed use is not located in a water

15

utility service area, except for the use of irrigation

16

water for commercial agricultural operations; providing

17

for the designation of mandatory reclaimed water zones;

18

authorizing a local government or a water management

19

district to designate mandatory reclaimed water zones

20

under certain circumstances; prohibiting a water

21

management district from approving a nonpotable user's

22

application unless certain written evidence is provided;

23

authorizing a water management district to approve a

24

permit application without requiring use of reclaimed

25

water; excluding new consumptive use permit applications,

26

modifications, or renewals of existing permits for the use

27

of irrigation water for commercial agricultural operations

28

or reclaimed water or seawater that is the sole water

29

source for a new or existing nonpotable water use;

30

prohibiting a water management district, the Department of

31

Environmental Protection, or other state agency from

32

basing its approval of a permit, grant, loan, or agreement

33

on the designation of a mandatory reclaimed water zone;

34

requiring a water management district to adopt rules that

35

create a program to assign an offset to a reclaimed water

36

provider which results from the substitution of reclaimed

37

water supplied for existing water withdrawals; requiring

38

such rules to be adopted by a certain date depending on an

39

area's classification; providing guidelines for the rules;

40

requiring a water management district to adopt rules

41

related to the supplementation of reclaimed water;

42

requiring a water management district to regulate the use

43

of reclaimed water as prescribed by law; providing an

44

effective date.

45

46

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

47

48

     Section 1.  Section 373.250, Florida Statutes, is amended to

49

read:

50

     373.250  Reuse of reclaimed water.--

51

     (1)  The encouragement and promotion of water conservation

52

and reuse of reclaimed water, as defined by the department, are

53

state objectives and considered to be in the public interest. The

54

Legislature finds that the use of reclaimed water provided by

55

domestic wastewater treatment plants permitted and operated under

56

a reuse program approved by the department is environmentally

57

acceptable and not a threat to public health and safety.

58

     (2)(a)  For purposes of this section, "uncommitted" means

59

the average amount of reclaimed water produced during the three

60

lowest-flow months minus the amount of reclaimed water that a

61

reclaimed water provider is contractually obligated to provide to

62

a customer or user.

63

     (b) For purposes of this section, "reuse of reclaimed

64

water" includes, but is not limited to, irrigation use,

65

commercial use, industrial use, recreational use, electrical

66

generation use, mining and extractive use, and environmental use.

67

     (c)(b) Reclaimed water is may be presumed available to a

68

consumptive use permit applicant if when a utility that exists

69

which provides reclaimed water exists and, which has uncommitted

70

reclaimed water capacity, and which has distribution facilities

71

that can be extended to the permit applicant's property, which

72

are initially provided by the utility at its cost, to the site of

73

the affected applicant's proposed use.

74

     (d)(c) A water management district shall may require the

75

use of reclaimed water if in lieu of surface water or groundwater

76

when the use of uncommitted reclaimed water is environmentally,

77

economically, and technically feasible and of such quality and

78

reliability as is necessary to the user. However, this paragraph

79

does not authorize a water management district to require a

80

provider of reclaimed water to redirect reclaimed water from one

81

user to another or to provide uncommitted reclaimed water to a

82

specific user or class of user if such water is anticipated to be

83

used by the provider, or a different user selected by the

84

provider, within a reasonable amount of time.

85

     (e) The use of reclaimed water is economically feasible, if

86

it is provided for a charge less than or equal to the charge for

87

potable water provided by a water utility in whose service area

88

the affected permit applicant's proposed use is located. If the

89

affected permit applicant's proposed use is not located in a

90

water utility service area, the charge for potable water provided

91

by the closest water utility shall be used to determine economic

92

feasibility. This paragraph does not apply to the use of

93

irrigation water for commercial agricultural operations.

94

(3) The Legislature authorizes the designation of mandatory

95

reclaimed water zones if the use of reclaimed water is

96

environmentally, economically, and technically feasible for

97

nonpotable uses of water within the designated mandatory

98

reclaimed water zone.

99

(a) A local government, either individually or by

100

interlocal agreement, may designate mandatory reclaimed water

101

zones, if one or more reclaimed water providers have committed to

102

provide reclaimed water to all nonpotable water users or classes

103

of nonpotable water users. A water management district may not

104

approve an application for nonpotable water users or classes of

105

nonpotable water users located within a mandatory reclaimed water

106

zone, unless the permit applicant has provided written evidence

107

demonstrating that the local government, which designated the

108

mandatory reclaimed water zone, has authorized an exemption for

109

the use of nonpotable water or the permit applicant has

110

demonstrated that reclaimed water service has been requested, but

111

has not been made available within the timeframe in paragraph

112

(c).

113

(b) If a local government has not designated a mandatory

114

reclaimed water zone, a water management district may designate,

115

by order, mandatory reclaimed water zones in areas where one or

116

more reclaimed water providers have committed to provide

117

reclaimed water to all nonpotable water users or classes of

118

nonpotable water users. Mandatory reclaimed water zones

119

designated pursuant to this paragraph shall remain in effect

120

until repealed by the water management district or until a

121

mandatory reclaimed water zone is established by a local

122

government in the same geographic area.

123

(c) If a permit applicant within a mandatory reclaimed

124

water zone demonstrates that it requested reclaimed water from

125

the reclaimed water provider and the provider did not make

126

reclaimed water available within 180 days after such request, a

127

water management district may approve a permit application

128

without requiring the use of reclaimed water. However, the water

129

management district shall require the permit applicant to request

130

the use of reclaimed water before applying for any modification

131

or renewal of the permit.

132

(d) This subsection applies to all new consumptive use

133

permit applications, modifications, and renewals of existing

134

consumptive use permits; however, it does not apply to any new

135

consumptive use permit applications, modifications, or renewals

136

of existing consumptive use permits for the use of irrigation

137

water for commercial agricultural operations or where reclaimed

138

water or seawater is the sole water source for a new or existing

139

nonpotable water use.

140

(e) A water management district, the Department of

141

Environmental Protection, or other state agency may not base its

142

decision to act on or approve a permit, grant, loan, or agreement

143

upon the designation of a mandatory reclaimed water zone.

144

     (4) In areas of the state where new or increased water

145

withdrawals have been limited by law including, but not limited

146

to, minimum flows and levels established pursuant to ss. 373.042

147

and 373.0421 or water reservations created pursuant to s.

148

373.223, the water management district with jurisdiction over the

149

area shall create a program by rule to assign to the reclaimed

150

water provider any offset created by the substitution of

151

reclaimed water supplied by the provider for existing water

152

withdrawals, which would allow the reclaimed water provider the

153

ability to obtain a consumptive use permit authorizing a new or

154

increased water withdrawal. For existing areas, where new or

155

increased water withdrawals have been limited by law, this rule

156

shall be adopted no later than January 1, 2009. For all other

157

areas, the rule shall be adopted no later than one year following

158

the date new or increased water withdrawals are limited by law.

159

In areas located within more than one water management district,

160

the same rule shall be jointly adopted by the affected water

161

management districts by the specified deadline. The Lower East

162

Coast, as defined in the rules of the South Florida Water

163

Management District, shall be considered an area where new or

164

increased water withdrawals have been limited by law and for

165

which this program shall be adopted by rule no later than January

166

1, 2009.

167

     (5) Any rule adopted pursuant to paragraph (4) shall

168

provide for the following:

169

     (a) The process to be used to determine how offsets are

170

generated, quantified, and validated;

171

     (b) The timing and duration of the offset, provided

172

however, the reclaimed water provider shall at a minimum be

173

entitled to the offset as long as it continues to supply the

174

reclaimed water that was substituted for the existing water

175

withdrawal;

176

     (c) A mechanism that would allow a reclaimed water user to

177

recapture the offset assigned to the reclaimed water provider

178

should the provider permanently cease to supply reclaimed water

179

to the user; and

180

     (d) A procedure to allow reclaimed water providers to

181

collaborate to combine their reclaimed water supplies and to

182

assign all or part of any offset recognized by the water

183

management district to any or all of the collaborating reclaimed

184

water providers.

185

     (6)(3) The water management district shall, in consultation

186

with the department, adopt rules to implement this section. Such

187

rules shall include, but not be limited to:

188

     (a)  Provisions to permit use of water from other sources in

189

emergency situations or if reclaimed water becomes unavailable,

190

for the duration of the emergency or the unavailability of

191

reclaimed water. These provisions shall also specify the method

192

for establishing the quantity of water to be set aside for use in

193

emergencies or when reclaimed water becomes unavailable. The

194

amount set aside is subject to periodic review and revision. The

195

methodology shall take into account the risk that reclaimed water

196

may not be available in the future, the risk that other sources

197

may be fully allocated to other uses in the future, the nature of

198

the uses served with reclaimed water, the extent to which the

199

applicant intends to rely upon reclaimed water and the extent of

200

economic harm which may result if other sources are not available

201

to replace the reclaimed water. It is the intent of this

202

paragraph to ensure that users of reclaimed water have the same

203

access to ground or surface water and will otherwise be treated

204

in the same manner as other users of the same class not relying

205

on reclaimed water.

206

     (b) Provisions to authorize the supplementation of

207

reclaimed water with surface water, groundwater, or stormwater.

208

Such rules shall recognize that available flows of reclaimed

209

water change seasonally and permitting the supplementation of

210

reclaimed water with other water sources during periods of low

211

flow will extend the reclaimed water supply for greater

212

beneficial reuse.

213

     (c)(b) A water management district may shall not adopt any

214

rule which gives preference to users within any class of use

215

established under s. 373.246 who do not use reclaimed water over

216

users within the same class who use reclaimed water.

217

     (7)(4) Nothing in this section shall impair a water

218

management district's authority to plan for and regulate

219

consumptive uses of water under this chapter, except that

220

regulation of reclaimed water use by water management districts

221

shall be consistent with the provisions of this section.

222

     (8)(5) This section applies to new consumptive use permits

223

and renewals of existing consumptive use permits.

224

     Section 2.  This act shall take effect upon becoming a law.