Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (279658) for CS for SB 918
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2015           .                                

       The Committee on Appropriations (Hays) recommended the
    1         Senate Amendment (with title amendment)
    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.
  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;