Florida Senate - 2009 SB 2080 By Senator Alexander 17-01808-09 20092080__ 1 A bill to be entitled 2 An act relating to the West-Central Florida Water 3 Restoration Action Plan; creating s. 373.0363, F.S.; 4 providing definitions; providing legislative findings 5 and intent; providing criteria for the Southwest 6 Florida Water Management District to meet in 7 implementing the West-Central Florida Water 8 Restoration Action Plan; requiring that the district 9 coordinate with regional water supply authorities and 10 governmental entities to maximize opportunities 11 concerning the efficient expenditure of public funds; 12 specifying the plan's purpose; specifying the 13 initiatives that are included in the plan; providing 14 criteria for implementing the Central West Coast 15 Surface Water Enhancement Initiative, the Facilitating 16 Agricultural Resource Management Systems Initiative, 17 the Ridge Lakes Restoration Initiative, the Upper 18 Peace River Watershed Restoration Initiative, and the 19 Central Florida Water Resource Development Initiative 20 and certain components or projects included in such 21 initiatives; requiring that the district implement 22 certain initiatives in cooperation with the Peace 23 River-Manasota Regional Water Supply Authority or Polk 24 County; requiring that the Southwest Florida Water 25 Management District prepare a report that meets 26 specified criteria concerning implementation of the 27 plan, regional conditions, and the use of funds; 28 requiring that the district prepare the report in 29 cooperation with coordinating agencies and affected 30 local governments and submit the report and 31 legislative proposals to the Governor and the 32 Legislature by a specified date; amending s. 403.087, 33 F.S.; prohibiting the permitting of landfills under 34 certain conditions; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Section 373.0363, Florida Statutes, is created 39 to read: 40 (1) As used in this section, the term: 41 (a) “Central Florida Coordination Area” means all of Polk, 42 Osceola, Orange, and Seminole Counties, and southern Lake 43 County, as designated by the Southwest Florida Water Management 44 District, the South Florida Water Management District, and the 45 St. Johns River Water Management District. 46 (b) “District” means the Southwest Florida Water Management 47 District. 48 (c) “Southern Water Use Caution Area” means an area that 49 the district designated, after extensive collection of data and 50 numerous studies, in order to comprehensively manage water 51 resources in the Southern West-Central Groundwater Basin, which 52 includes all of Desoto, Hardee, Manatee, and Sarasota Counties 53 and parts of Charlotte, Highlands, Hillsborough, and Polk 54 Counties. 55 (d) “Southern Water Use Caution Area Recovery Strategy” 56 means the district's planning, regulatory, and financial 57 strategy for ensuring that adequate water supplies are available 58 to meet growing demands while protecting and restoring the water 59 and related natural resources of the area. 60 (e) “West-Central Florida Water Restoration Action Plan” 61 means the district's regional environmental restoration and 62 water-resource sustainability program for the Southern Water Use 63 Caution Area. 64 (2) The Legislature finds that: 65 (a) In response to the growing demands from public supply, 66 agriculture, mining, power generation, and recreational users, 67 ground water withdrawals in the Southern Water Use Caution Area 68 have steadily increased for nearly a century before peaking in 69 the mid-1970s. These withdrawals resulted in declines in aquifer 70 levels throughout the ground water basin, which in some areas 71 exceeded 50 feet. 72 (b) While ground water withdrawals have since stabilized as 73 a result of the district's management efforts, depressed aquifer 74 levels continue to result in saltwater intrusion, reduced flows 75 in the Upper Peace River, lowered water levels, and adverse 76 water quality impacts for some lakes in the Lake Wales Ridge 77 areas of Polk and Highlands Counties. 78 (c) In response to these resource concerns, and as directed 79 by s. 373.036, the district determined that traditional sources 80 of water in the region are not adequate to supply water for all 81 existing and projected reasonable and beneficial uses and to 82 sustain the water resources and related natural systems. 83 (d) The expeditious implementation of the Southern Water 84 Use Caution Area Recovery Strategy is needed to meet the minimum 85 flow requirement for the Upper Peace River, slow saltwater 86 intrusion, provide for improved lake levels and water quality 87 along the Lake Wales Ridge, and ensure sufficient water supplies 88 for all existing and projected reasonable and beneficial uses. 89 (e) Sufficient research has been conducted and sufficient 90 plans developed to immediately expand and accelerate programs to 91 sustain the water resources and related natural systems in the 92 Southern Water Use Caution Area. 93 (f) The implementation of components of the Southern Water 94 Use Caution Area Recovery Strategy, which are contained in the 95 West-Central Florida Water Restoration Action Plan, is for the 96 benefit of the public health, safety, and welfare and is in the 97 public interest. 98 (g) The implementation of the West-Central Florida Water 99 Restoration Action Plan is necessary to meet the minimum flow 100 requirement for the Upper Peace River, slow saltwater intrusion, 101 provide for improved lake levels and water quality along the 102 Lake Wales Ridge, and ensure sufficient water supplies for all 103 existing and projected reasonable and beneficial uses. 104 (h) A continuing source of funding is needed to effectively 105 implement the West-Central Florida Water Restoration Action 106 Plan. 107 (3) The district shall implement the West-Central Florida 108 Water Restoration Action Plan in a manner that furthers 109 progressive strategies for the management of water resources, is 110 watershed-based, provides for consideration of water quality 111 issues, and includes monitoring, the development and 112 implementation of best-management practices, and structural and 113 nonstructural projects, including public works projects. The 114 district shall coordinate its implementation of the plan with 115 regional water supply authorities, public and private 116 partnerships, and local, state, and federal partners in order to 117 maximize opportunities for the most efficient and timely 118 expenditures of public funds. 119 (4) The West-Central Florida Water Restoration Action Plan 120 includes: 121 (a) The Central West Coast Surface Water Enhancement 122 Initiative. The purpose of the initiative is to make additional 123 surface waters available for public supply through restoration 124 of surface waters, natural water flows, and freshwater wetland 125 communities. The initiative is designed to allow limits on 126 ground water withdrawals in order to slow the rate of saltwater 127 intrusion. The initiative shall be an ongoing program in 128 cooperation with the Peace River-Manasota Regional Water Supply 129 Authority created under s. 373.1962. The initiative must include 130 the following components, if feasible: 131 1. The Dona Bay-Cow Pen Slough Component. The component is 132 anticipated to increase the capacity to store excess freshwater 133 flows for the purpose of supplying potable water and of 134 restoring wetland ecosystems, including the quality and clarity 135 of water in the system and the subsequent rejuvenation of the 136 system's mollusks, oyster beds, seagrasses, and salinity. 137 2. The Shell Creek Watershed Component. The component is 138 anticipated to increase water storage capacity upstream, 139 redirect the stored water to its natural and historical flow 140 pattern resulting in a benefit to the downstream ecosystem, and 141 capture high flows for use as public supply during low-flow 142 periods. 143 3. The Upper Myakka River-Flatford Swamp Component. The 144 component is anticipated to reduce the amount of water entering 145 the swamp so that normal hydroperiods are restored, to create a 146 historically more natural system, and to increase the 147 availability of water for public supply. 148 (b) The Facilitating Agricultural Resource Management 149 Systems Initiative. The purpose of the initiative is to expedite 150 the implementation of production-scale, best-management 151 practices in the agricultural sector which will result in 152 reductions in ground water withdrawals and improvements in water 153 quality, water resources, and ecology. The initiative is a cost 154 share reimbursement program to provide funding incentives to 155 agricultural landowners for the implementation of best 156 management practices. The initiative shall be implemented by the 157 district in cooperation with the Department of Agriculture and 158 Consumer Services. 159 (c) The Ridge Lakes Restoration Initiative. The purpose of 160 the initiative is to protect, restore, and enhance natural 161 systems and flood protection by improving and protecting the 162 water quality of approximately 130 lakes located along the Lake 163 Wales Ridge in Polk County and Highlands County, which is 164 threatened by stormwater runoff, wastewater effluent, fertilizer 165 applications, ground water pollution, degradation of shoreline 166 habitats, and hydrologic alterations. The initiative shall be 167 accomplished through the construction of systems designed to 168 treat the stormwater runoff that threatens the water quality of 169 such lakes. Such systems include swales, retention basins, and 170 long infiltration basins, if feasible. 171 (d) The Upper Peace River Watershed Restoration Initiative. 172 The purpose of the initiative is to improve the quality of 173 waters and ecosystems in the watershed of the Upper Peace River 174 by recharging aquifers, restoring the flow of surface waters, 175 and restoring the capacity of natural systems to store surface 176 waters. The Legislature finds that such improvements are 177 necessary because the quantity and quality of the fresh water 178 that flows to the basin of the Peace River and Charlotte Harbor 179 are adversely affected by the significant alteration and 180 degradation of the watershed of the Upper Peace River, and 181 because restoration of the watershed of the Upper Peace River is 182 a critical component of the Charlotte Harbor National Estuary 183 Program's Comprehensive Conservation and Management Plan, the 184 Southwest Florida Water Management District's Surface Water 185 Improvement and Management Plan, and the Southern Water Use 186 Caution Area Recovery Strategy. The initiative must include an 187 Upper-Peace-River component. In addition to the initiative's 188 other purposes, such component will provide a critical link to a 189 major greenway that extends from the lower southwest coast of 190 the state through the watershed of the Peace River and the Green 191 Swamp and further north to the Ocala National Forest. Projects 192 that are included in the Upper-Peace-River component include: 193 1. The Lake Hancock Component. The purpose of the component 194 is to help meet the minimum-flow requirements in the Upper Peace 195 River and to improve water quality. The component must include 196 modifications of a structure to control the elevation of water 197 levels in Lake Hancock and the treatment of outfall from the 198 lake. 199 2. The Peace Creek Canal Restoration Project. The purpose 200 of the project is to enhance the recharge of aquifers, restore 201 the capacity of natural systems to store waters, and provide 202 flood protection. The project shall be implemented by 203 undertaking the actions needed to meet the minimum-flow 204 requirements in s. 373.042 and, thereafter, holding excess 205 surface water from the Peace Creek Canal in storage for public 206 water supply or commercial or industrial water users. 207 (e) The Central Florida Water Resource Development 208 Initiative. The purpose of the initiative is to create and 209 implement a long-term plan that takes a comprehensive approach 210 to limit ground water withdrawals in the Southern Water Use 211 Caution Area and to identify and develop alternative water 212 supplies for Polk County. The project components developed 213 pursuant to the initiative are eligible for state and regional 214 funding under s. 373.196 as an alternative water supply, as 215 defined in s. 373.019, or as a supplemental water supply under 216 the rules of the Southwest Florida Water Management District or 217 the South Florida Water Management District. The initiative 218 shall be implemented by the district as an ongoing program in 219 cooperation with Polk County and the South Florida Water 220 Management District. The initiative must include: 221 1. The Kissimmee River component. The component shall 222 include developing, if feasible, a public water supply from 223 surface waters in the Kissimmee Basin near Lake Kissimmee, 224 blending such supply with other potable water supplies, and 225 distributing such potable waters by connecting to the water 226 distribution systems of municipal water utilities. This project 227 is intended to increase the amount of water available for 228 meeting public demand for water in the Central Florida 229 Coordination Area. 230 2. The Upper Peace River component. The component shall be 231 implemented by investigating the feasibility of using an off 232 stream reservoir that may include the storage of water on 233 private lands to capture water from the Peace River during high 234 flow periods for use as a public water supply. If it is 235 determined that the most feasible location of an off-stream 236 reservoir is outside Polk County, the district shall promote 237 Polk County's participation in the development and use of such 238 reservoir so long as such development and use satisfies all 239 requirements of this chapter and the rules of the district. 240 (5) By March 1 each year, the district shall report on the 241 implementation of this section as part of the consolidated 242 annual report required in s. 373.036(7). The district shall 243 annually submit a copy of the implementation report and 244 recommended legislative proposals to the Governor, the President 245 of the Senate, and the Speaker of the House of Representatives. 246 The district shall prepare the implementation report in 247 cooperation with the other coordinating agencies and affected 248 local governments. The implementation report must include, at a 249 minimum: 250 (a) A summary of the conditions of the Southern Water Use 251 Caution Area, including the status of the components of the 252 West-Central Florida Water Restoration Action Plan; and 253 (b) An annual accounting of the expenditure of funds. The 254 accounting must, at a minimum, provide details of expenditures 255 separately by plan component and any subparts of a plan 256 component, and include specific information about amount and use 257 of funds from federal, state, and local government sources. In 258 detailing the use of these funds, the district shall indicate 259 those funds that are designated to meet requirements for 260 matching funds. 261 Section 2. Subsections (9) and (10) of section 403.087, 262 Florida Statutes, are redesignated as subsections (10) and (11), 263 respectively, and a new subsection (9) is added to that section, 264 to read: 265 403.087 Permits; general issuance; denial; revocation; 266 prohibition; penalty.— 267 (9) The department may not issue any permit for a Class I 268 landfill that will be located on or adjacent to a Class III 269 landfill that was permitted on or before January 1, 2006, and 270 that is located in the Southern Water Use Caution Area 271 designated by rule by the Southwest Florida Water Management 272 District. This subsection applies to all applications for any 273 Class I landfill permit submitted after January 1, 2006, for 274 which the department has not issued a final permit. 275 Section 3. This act shall take effect July 1, 2009.