Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. PCS (279658) for CS for SB 918 Ì127412wÎ127412 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/22/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 725 - 903 4 and insert: 5 (b) These factors make it necessary to provide other 6 options for the Southwest Florida Water Management District, the 7 South Florida Water Management District, and the St. Johns River 8 Water Management District to be able to take the lead in 9 developing and implementing one alternative water supply project 10 within a restricted allocation area as a pilot alternative water 11 supply development project. 12 (c) The development and implementation of an alternative 13 water supply project by the water management districts specified 14 in paragraph (b) within a restricted allocation area as a pilot 15 project is for the benefit of the public health, safety, and 16 welfare and is in the public interest. Each pilot project must 17 provide water supply and environmental benefits. Consideration 18 should be given to projects that provide reductions in damaging 19 discharges to tide or that are part of a recovery or prevention 20 strategy for minimum flows and minimum water levels. 21 (3) The water management districts specified in paragraph 22 (2)(b) may, at their sole discretion, designate and implement an 23 existing alternative water supply project that is identified in 24 each district’s regional water supply plan as its one pilot 25 project or amend their respective regional water supply plans to 26 add a new alternative water supply project as their district 27 pilot project. A pilot project designation made pursuant to this 28 section should be made no later than July 1, 2016, and is not 29 subject to the rulemaking requirements of chapter 120 or subject 30 to legal challenge pursuant to ss. 120.569 and 120.57. A water 31 management district may designate an alternative water supply 32 project located within another water management district if the 33 project is located in a restricted allocation area designated by 34 the other water management district and a substantial quantity 35 of water provided by the alternative water supply project will 36 be used within the designating water management district’s 37 boundaries. 38 (4) In addition to the other powers granted and duties 39 imposed under this chapter, if a district specified in paragraph 40 (2)(b) elects to implement a pilot project pursuant to this 41 section, its governing board has the following powers and is 42 subject to the following restrictions in implementing the pilot 43 project: 44 (a) The governing board may not develop and implement a 45 pilot project on privately owned land without the voluntary 46 consent of the landowner, which consent may be evidenced by 47 deed, easement, license, contract, or other written legal 48 instrument executed by the landowner after July 1, 2015. 49 (b) The governing board may not engage in local water 50 supply distribution or sell water to the pilot project 51 participants. 52 (c) The governing board may join with one or more other 53 water management districts and counties, municipalities, special 54 districts, publicly owned or privately owned water utilities, 55 multijurisdictional water supply entities, regional water supply 56 authorities, self-suppliers, or other entities for the purpose 57 of carrying out its powers, and may contract with any such other 58 entities to finance or otherwise implement acquisitions, 59 construction, and operation and maintenance, if such contracts 60 are consistent with the public interest and based upon 61 independent cost estimates, including comparisons with other 62 alternative water supply projects. The contracts may provide for 63 contributions to be made by each party to the contract for the 64 division and apportionment of resulting costs, including 65 operations and maintenance, benefits, services, and products. 66 The contracts may contain other covenants and agreements 67 necessary and appropriate to accomplish their purposes. 68 (5) A water management district may provide up to 50 69 percent of funding assistance for a pilot project. 70 (6) If a water management district specified in paragraph 71 (2)(b) elects to implement a pilot project, it shall submit a 72 report to the Governor, the President of the Senate, and the 73 Speaker of the House of Representatives by July 1, 2019, on the 74 effectiveness of its pilot project. The report must include all 75 of the following information: 76 (a) A description of the alternative water supply project 77 selected as a pilot project, including the quantity of water the 78 project has produced or is expected to produce and the 79 consumptive users who are expected to use the water produced by 80 the pilot project to meet their existing and future reasonable 81 beneficial uses. 82 (b) Progress made in developing and implementing the pilot 83 project in comparison to the development and implementation of 84 other alternative water supply projects in the restricted 85 allocation area. 86 (c) The capital and operating costs to be expended by the 87 water management district in implementing the pilot project in 88 comparison to other alternative water supply projects being 89 developed and implemented in the restricted allocation area. 90 (d) The source of funds to be used by the water management 91 district in developing and implementing the pilot project. 92 (e) The benefits to the district’s water resources and 93 natural systems from implementation of the pilot project. 94 (f) A recommendation as to whether the traditional role of 95 water management districts regarding the development and 96 implementation of alternative water supply projects, as 97 specified in ss. 373.705 and 373.707, should be revised and, if 98 so, identification of the statutory changes necessary to expand 99 the scope of the pilot program. 100 101 ================= T I T L E A M E N D M E N T ================ 102 And the title is amended as follows: 103 Delete lines 41 - 47 104 and insert: 105 authorizing certain water management districts to 106 designate and implement pilot projects; providing 107 powers and limitations for the governing boards of 108 such water management districts; requiring a 109 participating water management district to submit a 110 report to the Governor and the Legislature on the 111 effectiveness of its pilot project by a certain date;