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.