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.