Florida Senate - 2013 SB 948
By Senator Grimsley
21-01337-13 2013948__
1 A bill to be entitled
2 An act relating to water supply; amending s. 373.701,
3 F.S.; providing a legislative declaration that efforts
4 to adequately and dependably meet water needs require
5 the cooperation of utility companies, private
6 landowners, water consumers, and the Department of
7 Agriculture and Consumer Services; amending s.
8 373.703, F.S.; providing that the governing board of a
9 water management district shall assist self-suppliers,
10 among others, in meeting water supply demands in a
11 manner that will give priority to encouraging
12 conservation and reducing adverse environmental
13 effects; providing that the governing board of a water
14 management district may contract with self-suppliers
15 for the purpose of carrying out its powers; amending
16 s. 373.709, F.S.; providing that certain planning by
17 the governing board of a water management district
18 must be conducted in coordination and cooperation with
19 the Department of Agriculture and Consumer Services,
20 among other interested parties; requiring that certain
21 agricultural demand projections be based upon the best
22 available data and providing considerations to
23 determine the best available data; requiring certain
24 information if there is a deviation from the data
25 provided by the Department of Agriculture and Consumer
26 Services; authorizing certain users to propose
27 specific projects for inclusion in the list of water
28 supply development project options; removing
29 references to alternative water supply projects;
30 requiring water management districts to assist in
31 developing multijurisdictional approaches to water
32 supply project development jointly with affected self
33 suppliers in certain areas; amending s. 570.076, F.S.;
34 conforming a cross-reference; amending s. 570.085,
35 F.S.; requiring the Department of Agriculture and
36 Consumer Services to establish an agricultural water
37 supply planning program that includes certain data;
38 providing criteria for development of data; providing
39 an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Subsection (3) of section 373.701, Florida
44 Statutes, is amended to read:
45 373.701 Declaration of policy.—It is declared to be the
46 policy of the Legislature:
47 (3) Cooperative efforts between municipalities, counties,
48 utility companies, private landowners, water consumers, water
49 management districts, and the Department of Environmental
50 Protection, and the Department of Agriculture and Consumer
51 Services are necessary mandatory in order to meet the water
52 needs of rural and rapidly urbanizing areas in a manner that
53 will supply adequate and dependable supplies of water where
54 needed without resulting in adverse effects upon the areas from
55 which such water is withdrawn. Such efforts should employ use
56 all practical means of obtaining water, including, but not
57 limited to, withdrawals of surface water and groundwater, reuse,
58 and desalination, and will require necessitate not only
59 cooperation and but also well-coordinated activities.
60 Municipalities, counties, and special districts are encouraged
61 to create multijurisdictional water supply entities or regional
62 water supply authorities as authorized in s. 373.713 or
63 multijurisdictional water supply entities.
64 Section 2. Subsections (1), (2), and (9) of section
65 373.703, Florida Statutes, are amended to read:
66 373.703 Water production; general powers and duties.—In the
67 performance of, and in conjunction with, its other powers and
68 duties, the governing board of a water management district
69 existing pursuant to this chapter:
70 (1) Shall engage in planning to assist counties,
71 municipalities, special districts, publicly owned and privately
72 owned water utilities, multijurisdictional water supply
73 entities, or regional water supply authorities, or self
74 suppliers in meeting water supply needs in such manner as will
75 give priority to encouraging conservation and reducing adverse
76 environmental effects of improper or excessive withdrawals of
77 water from concentrated areas. As used in this section and s.
78 373.707, regional water supply authorities are regional water
79 authorities created under s. 373.713 or other laws of this
80 state.
81 (2) Shall assist counties, municipalities, special
82 districts, publicly owned or privately owned water utilities,
83 multijurisdictional water supply entities, or regional water
84 supply authorities, or self-suppliers in meeting water supply
85 needs in such manner as will give priority to encouraging
86 conservation and reducing adverse environmental effects of
87 improper or excessive withdrawals of water from concentrated
88 areas.
89 (9) May join with one or more other water management
90 districts, counties, municipalities, special districts, publicly
91 owned or privately owned water utilities, multijurisdictional
92 water supply entities, or regional water supply authorities, or
93 self-suppliers for the purpose of carrying out any of its
94 powers, and may contract with such other entities to finance
95 acquisitions, construction, operation, and maintenance. The
96 contract may provide for contributions to be made by each party
97 to the contract thereto, for the division and apportionment of
98 the expenses of acquisitions, construction, operation, and
99 maintenance, and for the division and apportionment of resulting
100 the benefits, services, and products therefrom. The contracts
101 may contain other covenants and agreements necessary and
102 appropriate to accomplish their purposes.
103 Section 3. Subsection (1), paragraph (a) of subsection (2),
104 and subsection (3) of section 373.709, Florida Statutes, is
105 amended to read:
106 373.709 Regional water supply planning.—
107 (1) The governing board of each water management district
108 shall conduct water supply planning for a any water supply
109 planning region within the district identified in the
110 appropriate district water supply plan under s. 373.036, where
111 it determines that existing sources of water are not adequate to
112 supply water for all existing and future reasonable-beneficial
113 uses and to sustain the water resources and related natural
114 systems for the planning period. The planning must be conducted
115 in an open public process, in coordination and cooperation with
116 local governments, regional water supply authorities,
117 government-owned and privately owned water and wastewater
118 utilities, multijurisdictional water supply entities, self
119 suppliers, reuse utilities, the Department of Environmental
120 Protection, the Department of Agriculture and Consumer Services,
121 and other affected and interested parties. The districts shall
122 actively engage in public education and outreach to all affected
123 local entities and their officials, as well as members of the
124 public, in the planning process and in seeking input. During
125 preparation, but before prior to completion of the regional
126 water supply plan, the district shall must conduct at least one
127 public workshop to discuss the technical data and modeling tools
128 anticipated to be used to support the regional water supply
129 plan. The district shall also hold several public meetings to
130 communicate the status, overall conceptual intent, and impacts
131 of the plan on existing and future reasonable-beneficial uses
132 and related natural systems. During the planning process, a
133 local government may choose to prepare its own water supply
134 assessment to determine if existing water sources are adequate
135 to meet existing and projected reasonable-beneficial needs of
136 the local government while sustaining water resources and
137 related natural systems. The local government shall submit such
138 assessment, including the data and methodology used, to the
139 district. The district shall consider the local government’s
140 assessment during the formation of the plan. A determination by
141 the governing board that initiation of a regional water supply
142 plan for a specific planning region is not needed pursuant to
143 this section is shall be subject to s. 120.569. The governing
144 board shall reevaluate the such a determination at least once
145 every 5 years and shall initiate a regional water supply plan,
146 if needed, pursuant to this subsection.
147 (2) Each regional water supply plan must shall be based on
148 at least a 20-year planning period and must shall include, but
149 need not be limited to:
150 (a) A water supply development component for each water
151 supply planning region identified by the district which
152 includes:
153 1. A quantification of the water supply needs for all
154 existing and future reasonable-beneficial uses within the
155 planning horizon. The level-of-certainty planning goal
156 associated with identifying the water supply needs of existing
157 and future reasonable-beneficial uses must shall be based upon
158 meeting those needs for a 1-in-10-year drought event.
159 a. Population projections used for determining public water
160 supply needs must be based upon the best available data. In
161 determining the best available data, the district shall consider
162 the University of Florida’s Bureau of Economic and Business
163 Research (BEBR) medium population projections and any population
164 projection data and analysis submitted by a local government
165 pursuant to the public workshop described in subsection (1) if
166 the data and analysis support the local government’s
167 comprehensive plan. Any adjustment of or deviation from the BEBR
168 projections must be fully described, and the original BEBR data
169 must be presented along with the adjusted data.
170 b. Agricultural demand projections used for determining the
171 needs of agricultural self-suppliers must be based upon the best
172 available data. In determining the best available data for
173 agricultural self-supplied water needs, the district shall
174 consider the data indicative of future water supply demands
175 provided by the Department of Agriculture and Consumer Services
176 pursuant to s. 570.085. Any adjustment of or deviation from the
177 data provided by the Department of Agriculture and Consumer
178 Services must be fully described, and the original data must be
179 presented along with the adjusted data.
180 2. A list of water supply development project options,
181 including traditional and alternative water supply project
182 options, from which local government, government-owned and
183 privately owned utilities, regional water supply authorities,
184 multijurisdictional water supply entities, self-suppliers, and
185 others may choose for water supply development. In addition to
186 projects listed by the district, such users may propose specific
187 projects for inclusion in the list of alternative water supply
188 development project options projects. If such users propose a
189 project to be listed as a an alternative water supply project,
190 the district shall determine whether it meets the goals of the
191 plan, and, if so, it shall be included in the list. The total
192 capacity of the projects included in the plan must shall exceed
193 the needs identified in subparagraph 1. and shall take into
194 account water conservation and other demand management measures,
195 as well as water resources constraints, including adopted
196 minimum flows and levels and water reservations. Where the
197 district determines it is appropriate, the plan should
198 specifically identify the need for multijurisdictional
199 approaches to project options that, based on planning level
200 analysis, are appropriate to supply the intended uses and that,
201 based on such analysis, appear to be permittable and financially
202 and technically feasible. The list of water supply development
203 options must contain provisions that recognize that alternative
204 water supply options for agricultural self-suppliers are
205 limited.
206 3. For each project option identified in subparagraph 2.,
207 the following must shall be provided:
208 a. An estimate of the amount of water to become available
209 through the project.
210 b. The timeframe in which the project option should be
211 implemented and the estimated planning-level costs for capital
212 investment and operating and maintaining the project.
213 c. An analysis of funding needs and sources of possible
214 funding options. For alternative water supply projects, the
215 water management districts shall provide funding assistance in
216 accordance with s. 373.707(8).
217 d. Identification of the entity that should implement each
218 project option and the current status of project implementation.
219 (3) The water supply development component of a regional
220 water supply plan which deals with or affects public utilities
221 and public water supply for those areas served by a regional
222 water supply authority and its member governments within the
223 boundary of the Southwest Florida Water Management District
224 shall be developed jointly by the authority and the district. In
225 areas not served by regional water supply authorities, or other
226 multijurisdictional water supply entities, and where
227 opportunities exist to meet water supply needs more efficiently
228 through multijurisdictional projects identified pursuant to
229 paragraph (2)(a), water management districts are directed to
230 assist in developing multijurisdictional approaches to water
231 supply project development jointly with affected water
232 utilities, special districts, self-suppliers, and local
233 governments.
234 Section 4. Paragraph (c) of subsection (2) of section
235 570.076, Florida Statutes, is amended to read:
236 570.076 Environmental Stewardship Certification Program.
237 The department may, by rule, establish the Environmental
238 Stewardship Certification Program consistent with this section.
239 A rule adopted under this section must be developed in
240 consultation with state universities, agricultural
241 organizations, and other interested parties.
242 (2) The department shall provide an agricultural
243 certification under this program for implementation of one or
244 more of the following criteria:
245 (c) Best management practices adopted by rule pursuant to
246 s. 403.067(7)(c) or s. 570.085(1)(b) 570.085(2).
247 Section 5. Section 570.085, Florida Statutes, is amended to
248 read:
249 570.085 Department of Agriculture and Consumer Services;
250 agricultural water conservation and agricultural water supply
251 planning.—
252 (1) The department shall establish an agricultural water
253 conservation program that includes the following:
254 (a)(1) A cost-share program, coordinated where appropriate
255 with the United States Department of Agriculture and other
256 federal, state, regional, and local agencies, for irrigation
257 system retrofit and application of mobile irrigation laboratory
258 evaluations for water conservation as provided in this section
259 and, where applicable, for water quality improvement pursuant to
260 s. 403.067(7)(c).
261 (b)(2) The development and implementation of voluntary
262 interim measures or best management practices, adopted by rule,
263 which provide for increased efficiencies in the use and
264 management of water for agricultural production. In the process
265 of developing and adopting rules for interim measures or best
266 management practices, the department shall consult with the
267 Department of Environmental Protection and the water management
268 districts. Such rules may also include a system to assure the
269 implementation of the practices, including recordkeeping
270 requirements. As new information regarding efficient
271 agricultural water use and management becomes available, the
272 department shall reevaluate and revise as needed, the interim
273 measures or best management practices. The interim measures or
274 best management practices may include irrigation retrofit,
275 implementation of mobile irrigation laboratory evaluations and
276 recommendations, water resource augmentation, and integrated
277 water management systems for drought management and flood
278 control and should, to the maximum extent practicable, be
279 designed to qualify for regulatory incentives and other
280 incentives, as determined by the agency having applicable
281 statutory authority.
282 (c)(3) Provision of assistance to the water management
283 districts in the development and implementation of a consistent,
284 to the extent practicable, methodology for the efficient
285 allocation of water for agricultural irrigation.
286 (2) The department shall establish an agricultural water
287 supply planning program that includes the following:
288 (a) The development of data indicative of future
289 agricultural water supply demands which must be:
290 1. Based on at least a 20-year planning period.
291 2. Provided to each water management district.
292 3. Considered by each water management district in
293 accordance with ss. 373.036(2) and 373.709(2)(a)1.b.
294 (b) The data on future agricultural water supply demands
295 which are provided to each district must include, but need not
296 be limited to:
297 1. Applicable agricultural crop types or categories.
298 2. Historic estimates of irrigated acreage, current
299 estimates of irrigated acreage, and future projections of
300 irrigated acreage for each applicable crop type or category,
301 spatially for each county, including the historic and current
302 methods and assumptions used to generate the spatial acreage
303 estimates and projections.
304 3. Crop type or category water use coefficients for a 1-in
305 10 year drought and average year used in calculating historic
306 and current water demands and projected future water demands,
307 including data, methods, and assumptions used to generate the
308 coefficients. Estimates of historic and current water demands
309 must take into account actual metered data as available.
310 4. An evaluation of significant uncertainties affecting
311 agricultural production which may require a range of projections
312 for future agricultural water supply demands.
313 (c) In developing the data on future agricultural water
314 supply needs described in paragraph (b), the department shall
315 consult with the agricultural industry, the University of
316 Florida Institute of Food and Agricultural Sciences, the
317 Department of Environmental Protection, the water management
318 districts, the National Agricultural Statistics Service, and the
319 United States Geological Survey.
320 (d) The department shall coordinate with each water
321 management district to establish a schedule for provision of
322 data on agricultural water supply needs in order to comply with
323 water supply planning provisions in ss. 373.036(2) and
324 373.709(2)(a)1.b.
325 Section 6. This act shall take effect July 1, 2013.