SB 2080 First Engrossed 20092080e1 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; providing for the Southwest Florida Water 22 Management District to include specified criteria 23 concerning implementation of the plan, regional 24 conditions, and the use of funds in specified annual 25 reports; requiring that the Southwest Florida Water 26 Management District develop and submit a plan to the 27 Legislature; providing for approval of the plan; 28 repealing s. 23, ch. 2008-150, Laws of Florida, 29 relating to a provision prohibiting the Department of 30 Environmental Protection from issuing a permit for 31 certain Class I landfills; providing an effective 32 date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Section 373.0363, Florida Statutes, is created 37 to read: 38 (1) As used in this section, the term: 39 (a) “Central Florida Coordination Area” means all of Polk, 40 Osceola, Orange, and Seminole Counties, and southern Lake 41 County, as designated by the Southwest Florida Water Management 42 District, the South Florida Water Management District, and the 43 St. Johns River Water Management District. 44 (b) “District” means the Southwest Florida Water Management 45 District. 46 (c) “Southern Water Use Caution Area” means an area that 47 the district designated, after extensive collection of data and 48 numerous studies, in order to comprehensively manage water 49 resources in the Southern West-Central Groundwater Basin, which 50 includes all of Desoto, Hardee, Manatee, and Sarasota Counties 51 and parts of Charlotte, Highlands, Hillsborough, and Polk 52 Counties. 53 (d) “Southern Water Use Caution Area Recovery Strategy” 54 means the district’s planning, regulatory, and financial 55 strategy for ensuring that adequate water supplies are available 56 to meet growing demands while protecting and restoring the water 57 and related natural resources of the area. 58 (e) “West-Central Florida Water Restoration Action Plan” 59 means the district’s regional environmental restoration and 60 water-resource sustainability program for the Southern Water Use 61 Caution Area. 62 (2) The Legislature finds that: 63 (a) In response to the growing demands from public supply, 64 agriculture, mining, power generation, and recreational users, 65 ground water withdrawals in the Southern Water Use Caution Area 66 have steadily increased for nearly a century before peaking in 67 the mid-1970s. These withdrawals resulted in declines in aquifer 68 levels throughout the ground water basin, which in some areas 69 exceeded 50 feet. 70 (b) While ground water withdrawals have since stabilized as 71 a result of the district’s management efforts, depressed aquifer 72 levels continue to result in saltwater intrusion, reduced flows 73 in the Upper Peace River, lowered water levels, and adverse 74 water quality impacts for some lakes in the Lake Wales Ridge 75 areas of Polk and Highlands Counties. 76 (c) In response to these resource concerns, and as directed 77 by s. 373.036, the district determined that traditional sources 78 of water in the region are not adequate to supply water for all 79 existing and projected reasonable and beneficial uses and to 80 sustain the water resources and related natural systems. 81 (d) The expeditious implementation of the Southern Water 82 Use Caution Area Recovery Strategy is needed to meet the minimum 83 flow requirement for the Upper Peace River, slow saltwater 84 intrusion, provide for improved lake levels and water quality 85 along the Lake Wales Ridge, and ensure sufficient water supplies 86 for all existing and projected reasonable and beneficial uses. 87 (e) Sufficient research has been conducted and sufficient 88 plans developed to immediately expand and accelerate programs to 89 sustain the water resources and related natural systems in the 90 Southern Water Use Caution Area. 91 (f) The implementation of components of the Southern Water 92 Use Caution Area Recovery Strategy, which are contained in the 93 West-Central Florida Water Restoration Action Plan, is for the 94 benefit of the public health, safety, and welfare and is in the 95 public interest. 96 (g) The implementation of the West-Central Florida Water 97 Restoration Action Plan is necessary to meet the minimum flow 98 requirement for the Upper Peace River, slow saltwater intrusion, 99 provide for improved lake levels and water quality along the 100 Lake Wales Ridge, and ensure sufficient water supplies for all 101 existing and projected reasonable and beneficial uses. 102 (h) A continuing source of funding is needed to effectively 103 implement the West-Central Florida Water Restoration Action 104 Plan. 105 (3) The district shall implement the West-Central Florida 106 Water Restoration Action Plan in a manner that furthers 107 progressive strategies for the management of water resources, is 108 watershed-based, provides for consideration of water quality 109 issues, and includes monitoring, the development and 110 implementation of best-management practices, and structural and 111 nonstructural projects, including public works projects. The 112 district shall coordinate its implementation of the plan with 113 regional water supply authorities, public and private 114 partnerships, and local, state, and federal partners in order to 115 maximize opportunities for the most efficient and timely 116 expenditures of public funds. 117 (4) The West-Central Florida Water Restoration Action Plan 118 includes: 119 (a) The Central West Coast Surface Water Enhancement 120 Initiative. The purpose of this initiative is to make additional 121 surface waters available for public supply through restoration 122 of surface waters, natural water flows, and freshwater wetland 123 communities. This initiative is designed to allow limits on 124 groundwater withdrawals in order to slow the rate of saltwater 125 intrusion. The initiative shall be an ongoing program in 126 cooperation with the Peace River-Manasota Regional Water Supply 127 Authority created under s. 373.1962. 128 (b) The Facilitating Agricultural Resource Management 129 Systems Initiative. The purpose of this initiative is to 130 expedite the implementation of production-scale, best management 131 practices in the agricultural sector, which will result in 132 reductions in groundwater withdrawals and improvements in water 133 quality, water resources, and ecology. The initiative is a cost 134 share reimbursement program to provide funding incentives to 135 agricultural landowners for the implementation of best 136 management practices. The initiative shall be implemented by the 137 district in cooperation with the Department of Agriculture and 138 Consumer Services. Cooperative funding programs approved by the 139 governing board shall not be subject to the rulemaking 140 requirements of chapter 120. However, any portion of an approved 141 program which affects the substantial interests of a party shall 142 be subject to s. 120.569. 143 (c) The Ridge Lakes Restoration Initiative. The purpose of 144 this initiative is to protect, restore, and enhance natural 145 systems and flood protection by improving and protecting the 146 water quality of approximately 130 lakes located along the Lake 147 Wales Ridge in Polk and Highlands Counties, which quality is 148 threatened by stormwater runoff, wastewater effluent, fertilizer 149 applications, groundwater pollution, degradation of shoreline 150 habitats, and hydrologic alterations. This initiative shall be 151 accomplished through the construction of systems designed to 152 treat the stormwater runoff that threatens the water quality of 153 such lakes. Such systems include swales, retention basins, and 154 long infiltration basins, if feasible. 155 (d) The Upper Peace River Watershed Restoration Initiative. 156 The purpose of this initiative is to improve the quality of 157 waters and ecosystems in the watershed of the Upper Peace River 158 by recharging aquifers, restoring the flow of surface waters, 159 and restoring the capacity of natural systems to store surface 160 waters. The Legislature finds that such improvements are 161 necessary because the quantity and quality of the fresh water 162 that flows to the basin of the Peace River and Charlotte Harbor 163 are adversely affected by the significant alteration and 164 degradation of the watershed of the Upper Peace River and 165 because restoration of the watershed of the Upper Peace River is 166 a critical component of the Charlotte Harbor National Estuary 167 Program’s Comprehensive Conservation and Management Plan, the 168 Southwest Florida Water Management District’s Surface Water 169 Improvement and Management Plan, and the Southern Water Use 170 Caution Area Recovery Strategy. This initiative shall include an 171 Upper Peace River Component. In addition to the initiative’s 172 other purposes, this component will provide a critical link to a 173 major greenway that extends from the lower southwest coast of 174 this state through the watershed of the Peace River and the 175 Green Swamp and further north to the Ocala National Forest. 176 (e) The Central Florida Water Resource Development 177 Initiative. The purpose of this initiative is to create and 178 implement a long-term plan that takes a comprehensive approach 179 to limit ground water withdrawals in the Southern Water Use 180 Caution Area and to identify and develop alternative water 181 supplies for Polk County. The project components developed 182 pursuant to this initiative are eligible for state and regional 183 funding under s. 373.196 as an alternative water supply, as 184 defined in s. 373.019, or as a supplemental water supply under 185 the rules of the Southwest Florida Water Management District or 186 the South Florida Water Management District. The initiative 187 shall be implemented by the district as an ongoing program in 188 cooperation with Polk County and the South Florida Water 189 Management District. 190 (5) As part of the consolidated annual report required 191 pursuant s. 373.036(7), the district may include: 192 (a) A summary of the conditions of the Southern Water Use 193 Caution Area, including the status of the components of the 194 West-Central Florida Water Restoration Action Plan. 195 (b) An annual accounting of the expenditure of funds. The 196 accounting must, at a minimum, provide details of expenditures 197 separately by plan component and any subparts of a plan 198 component, and include specific information about amount and use 199 of funds from federal, state, and local government sources. In 200 detailing the use of these funds, the district shall indicate 201 those funds that are designated to meet requirements for 202 matching funds. 203 (6) The district shall submit the West-Central Florida 204 Water Restoration Action Plan developed pursuant to subsection 205 (4) to the President of the Senate and the Speaker of the House 206 of Representatives prior to the 2010 regular legislative session 207 for review. If the Legislature takes no action on the plan 208 during the 2010 regular legislative session, the plan shall be 209 deemed approved. 210 Section 2. Section 23 of chapter 2008-150, Laws of Florida, 211 is repealed. 212 Section 3. This act shall take effect July 1, 2009.