Florida Senate - 2011                                    SB 1914
       
       
       
       By Senator Evers
       
       
       
       
       2-01189-11                                            20111914__
    1                        A bill to be entitled                      
    2         An act relating to permitting of consumptive uses of
    3         water; amending s. 373.016, F.S.; conforming a cross
    4         reference; amending s. 373.223, F.S.; prohibiting the
    5         governing board of a water management district or the
    6         Department of Environmental Protection from requiring
    7         a county or municipality to adopt any resolution or
    8         ordinance or require review or approval of the
    9         resolution or ordinance as a condition for a permit;
   10         limiting the requests for additional information by a
   11         district or the department after initial notification
   12         of an error or omission in a permit application;
   13         amending s. 373.227, F.S.; removing provisions that
   14         give a public water supply utility latitude in
   15         selecting a rate structure and provide limited review
   16         of the rate designed to promote efficient use of
   17         water; amending s. 373.229, F.S.; conforming a cross
   18         reference; amending s. 373.236, F.S.; requiring
   19         permits to be granted for not less than 20 years when
   20         the conditions of issuance are met; adding the
   21         condition of at least 50 percent of alternative
   22         supplies to the requirement for granting permits for a
   23         term of at least 20 years; amending s. 373.250, F.S.;
   24         adding a legislative finding; specifying that ch. 373,
   25         F.S., does authorize a water management district to
   26         restrict the use of, or require a permit for,
   27         reclaimed water; amending ss. 373.701, 373.709, and
   28         373.713, F.S.; conforming a cross-reference; providing
   29         an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (a) of subsection (4) of section
   34  373.016, Florida Statutes, is amended to read:
   35         373.016 Declaration of policy.—
   36         (4)(a) Because water constitutes a public resource
   37  benefiting the entire state, it is the policy of the Legislature
   38  that the waters in the state be managed on a state and regional
   39  basis. Consistent with this directive, the Legislature
   40  recognizes the need to allocate water throughout the state so as
   41  to meet all reasonable-beneficial uses. However, the Legislature
   42  acknowledges that such allocations have in the past adversely
   43  affected the water resources of certain areas in this state. To
   44  protect such water resources and to meet the current and future
   45  needs of those areas with abundant water, the Legislature
   46  directs the department and the water management districts to
   47  encourage the use of water from sources nearest the area of use
   48  or application whenever practicable. Such sources shall include
   49  all naturally occurring water sources and all alternative water
   50  sources, including, but not limited to, desalination,
   51  conservation, reuse of nonpotable reclaimed water and
   52  stormwater, and aquifer storage and recovery. Reuse of potable
   53  reclaimed water and stormwater shall not be subject to the
   54  evaluation described in s. 373.223(5)(3)(a)-(g). However, this
   55  directive to encourage the use of water, whenever practicable,
   56  from sources nearest the area of use or application shall not
   57  apply to the transport and direct and indirect use of water
   58  within the area encompassed by the Central and Southern Florida
   59  Flood Control Project, nor shall it apply anywhere in the state
   60  to the transport and use of water supplied exclusively for
   61  bottled water as defined in s. 500.03(1)(d), nor shall it apply
   62  to the transport and use of reclaimed water for electrical power
   63  production by an electric utility as defined in section
   64  366.02(2).
   65         Section 2. Present subsections (2), (3), (4), and (5) of
   66  section 373.223, Florida Statutes, are redesignated as
   67  subsections (4), (5), (6), and (7), respectively, and new
   68  subsections (2) and (3) are added to that section, and present
   69  subsection (5) of that section is amended, to read:
   70         373.223 Conditions for a permit.—
   71         (2) The governing board or department may not require a
   72  county or municipality to adopt any resolution or ordinance as a
   73  condition for obtaining a permit. Additionally, the governing
   74  board or department may not require a county or municipality to
   75  submit ordinances for review or approval by the board or
   76  department as a condition for obtaining a permit.
   77         (3) Notwithstanding s. 120.60(1), the governing board or
   78  department may not request additional information from an
   79  applicant more than once after the initial notification of error
   80  or omission within the first 30 days after receipt of the
   81  application unless the applicant waives this restriction.
   82         (7)(5) In evaluating an application for consumptive use of
   83  water which proposes the use of an alternative water supply
   84  project as described in the regional water supply plan and
   85  provides reasonable assurances of the applicant’s capability to
   86  design, construct, operate, and maintain the project, the
   87  governing board or department shall presume that the alternative
   88  water supply use is consistent with the public interest under
   89  paragraph (1)(c). However, where the governing board identifies
   90  the need for a multijurisdictional water supply entity or
   91  regional water supply authority to develop the alternative water
   92  supply project pursuant to s. 373.709(2)(a)2., the presumption
   93  shall be accorded only to that use proposed by such entity or
   94  authority. This subsection does not affect effect evaluation of
   95  the use pursuant to the provisions of paragraphs (1)(a) and (b),
   96  subsections (4) (2) and (5) (3), and ss. 373.2295 and 373.233.
   97         Section 3. Subsection (3) of section 373.227, Florida
   98  Statutes, is amended to read:
   99         373.227 Water conservation; legislative findings;
  100  legislative intent; objectives; comprehensive statewide water
  101  conservation program requirements.—
  102         (3) Regarding the use of water conservation or drought rate
  103  structures as a conservation practice, a water management
  104  district shall afford a public water supply utility wide
  105  latitude in selecting a rate structure and shall limit its
  106  review to whether the utility has provided reasonable assurance
  107  that the rate structure contains a schedule of rates designed to
  108  promote efficient use of water by providing economic incentives.
  109  A water management district may shall not fix or revise rates.
  110         Section 4. Subsection (3) of section 373.229, Florida
  111  Statutes, is amended to read:
  112         373.229 Application for permit.—
  113         (3) In addition to the information required in subsection
  114  (1), all permit applications filed with the governing board or
  115  the department which propose the transport and use of water
  116  across county boundaries shall include information pertaining to
  117  factors to be considered, pursuant to s. 373.223(5)(3), unless
  118  exempt under s. 373.713(9).
  119         Section 5. Subsections (1) and (5) of section 373.236,
  120  Florida Statutes, are amended to read:
  121         373.236 Duration of permits; compliance reports.—
  122         (1) Permits shall be granted for a period of 20 years, if
  123  requested for that period of time, if there is sufficient data
  124  to provide reasonable assurance that the conditions for permit
  125  issuance will be met for the duration of the permit; otherwise,
  126  permits may be issued for shorter durations which reflect the
  127  period for which such reasonable assurances can be provided.
  128  Permits shall be granted for a period of not less than 20 years
  129  for any county or municipality or regional water supply
  130  authority when the conditions of issuance are met. The governing
  131  board or the department may base the duration of permits on a
  132  reasonable system of classification according to source of
  133  supply or type of use, or both.
  134         (5) Permits approved for which the quantity of water
  135  requested includes at least 50 percent of alternative supplies
  136  or for the development of alternative water supplies shall be
  137  granted for a term of at least 20 years. However, if the
  138  permittee issues bonds for the construction of the project, upon
  139  request of the permittee prior to the expiration of the permit,
  140  that permit shall be extended for such additional time as is
  141  required for the retirement of bonds, not including any
  142  refunding or refinancing of such bonds, provided that the
  143  governing board determines that the use will continue to meet
  144  the conditions for the issuance of the permit. Such a permit is
  145  subject to compliance reports under subsection (4).
  146         Section 6. Subsection (1) and paragraph (c) of subsection
  147  (2) of section 373.250, Florida Statutes, are amended, present
  148  subsection (6) of that section is renumbered as subsection (7),
  149  and a new subsection (6) is added to that section, to read:
  150         373.250 Reuse of reclaimed water.—
  151         (1) The encouragement and promotion of water conservation
  152  and reuse of reclaimed water, as defined by the department, are
  153  state objectives and considered to be in the public interest.
  154  The Legislature finds that the use of reclaimed water provided
  155  by domestic wastewater treatment plants permitted and operated
  156  under a reuse program approved by the department is
  157  environmentally acceptable and not a threat to public health and
  158  safety. The Legislature finds that reclaimed water is not water
  159  or waters in the state as defined under s. 373.019(20), and
  160  therefore not subject to the requirements for consumptive use
  161  pursuant to this chapter.
  162         (2)
  163         (c) A water management district may require the use of
  164  reclaimed water in lieu of surface water or groundwater when the
  165  use of uncommitted reclaimed water is environmentally,
  166  economically, and technically feasible and of such quality and
  167  reliability as is necessary to the user. However, this paragraph
  168  does not authorize a water management district to require a
  169  provider of reclaimed water to redirect reclaimed water from one
  170  user to another or to provide uncommitted water to a specific
  171  user if such water is anticipated to be used by the provider, or
  172  a different user selected by the provider, within a reasonable
  173  amount of time.
  174         (6)This chapter does not authorize a water management
  175  district to restrict the use or application of reclaimed water
  176  or to require a permit for the use of reclaimed water.
  177         Section 7. Paragraph (a) of subsection (2) of section
  178  373.701, Florida Statutes, is amended to read:
  179         373.701 Declaration of policy.—It is declared to be the
  180  policy of the Legislature:
  181         (2)(a) Because water constitutes a public resource
  182  benefiting the entire state, it is the policy of the Legislature
  183  that the waters in the state be managed on a state and regional
  184  basis. Consistent with this directive, the Legislature
  185  recognizes the need to allocate water throughout the state so as
  186  to meet all reasonable-beneficial uses. However, the Legislature
  187  acknowledges that such allocations have in the past adversely
  188  affected the water resources of certain areas in this state. To
  189  protect such water resources and to meet the current and future
  190  needs of those areas with abundant water, the Legislature
  191  directs the department and the water management districts to
  192  encourage the use of water from sources nearest the area of use
  193  or application whenever practicable. Such sources shall include
  194  all naturally occurring water sources and all alternative water
  195  sources, including, but not limited to, desalination,
  196  conservation, reuse of nonpotable reclaimed water and
  197  stormwater, and aquifer storage and recovery. Reuse of potable
  198  reclaimed water and stormwater shall not be subject to the
  199  evaluation described in s. 373.223(5)(3)(a)-(g). However, this
  200  directive to encourage the use of water, whenever practicable,
  201  from sources nearest the area of use or application shall not
  202  apply to the transport and direct and indirect use of water
  203  within the area encompassed by the Central and Southern Florida
  204  Flood Control Project, nor shall it apply anywhere in the state
  205  to the transport and use of water supplied exclusively for
  206  bottled water as defined in s. 500.03(1)(d), nor shall it apply
  207  to the transport and use of reclaimed water for electrical power
  208  production by an electric utility as defined in s. 366.02(2).
  209         Section 8. Subsection (7) of section 373.709, Florida
  210  Statutes, is amended to read:
  211         373.709 Regional water supply planning.—
  212         (7) Nothing contained in the water supply development
  213  component of a regional water supply plan shall be construed to
  214  require local governments, government-owned or privately owned
  215  water utilities, special districts, self-suppliers, regional
  216  water supply authorities, multijurisdictional water supply
  217  entities, or other water suppliers to select a water supply
  218  development project identified in the component merely because
  219  it is identified in the plan. Except as provided in s.
  220  373.223(5)(3) and (7)(5), the plan may not be used in the review
  221  of permits under part II of this chapter unless the plan or an
  222  applicable portion thereof has been adopted by rule. However,
  223  this subsection does not prohibit a water management district
  224  from employing the data or other information used to establish
  225  the plan in reviewing permits under part II, nor does it limit
  226  the authority of the department or governing board under part
  227  II.
  228         Section 9. Subsection (9) of section 373.713, Florida
  229  Statutes, is amended to read:
  230         373.713 Regional water supply authorities.—
  231         (9) Where a water supply authority exists pursuant to this
  232  section or s. 373.715 under a voluntary interlocal agreement
  233  that is consistent with requirements in s. 373.715(1)(b) and
  234  receives or maintains consumptive use permits under this
  235  voluntary agreement consistent with the water supply plan, if
  236  any, adopted by the governing board, such authority shall be
  237  exempt from consideration by the governing board or department
  238  of the factors specified in s. 373.223(5)(3)(a)-(g) and the
  239  submissions required by s. 373.229(3). Such exemptions shall
  240  apply only to water sources within the jurisdictional areas of
  241  such voluntary water supply interlocal agreements.
  242         Section 10. This act shall take effect July 1, 2011.