Florida Senate - 2019                                     SB 628
       
       
        
       By Senator Albritton
       
       
       
       
       
       26-00920A-19                                           2019628__
    1                        A bill to be entitled                      
    2         An act relating to water resources; amending s.
    3         403.928, F.S.; declaring legislative intent; revising
    4         requirements for the Office of Economic and
    5         Demographic Research’s annual assessment of this
    6         state’s water resources and conservation lands;
    7         requiring the office to consult with the Department of
    8         Environmental Protection; defining the term “agency”;
    9         requiring the assessment to be submitted to the
   10         Legislature by a specified date; making technical
   11         changes; providing an effective date.
   12  
   13         WHEREAS, the Legislature finds that water constitutes a
   14  public resource that benefits the entire state, and
   15         WHEREAS, water is an essential element to Florida’s current
   16  and future growth, sustainability, and environmental health, and
   17         WHEREAS, a water and lands assessment that is based on
   18  needs, and not simply expenditures, is vital to successfully
   19  plan for Florida’s current and future population growth and
   20  infrastructure needs, NOW, THEREFORE,
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 403.928, Florida Statutes, is amended to
   25  read:
   26         403.928 Assessment of water resources and conservation
   27  lands.—The Office of Economic and Demographic Research, in
   28  consultation with the department, shall conduct an annual
   29  assessment of Florida’s water resources and conservation lands.
   30         (1) LEGISLATIVE INTENT.—The Legislature intends that the
   31  Office of Economic and Demographic Research interpret this
   32  section, to the maximum extent practicable, in a manner that
   33  provides the Legislature with the most comprehensive annual
   34  assessment of this state’s water infrastructure funding needs,
   35  including, but not limited to, residential, commercial,
   36  environmental, agricultural, and industrial. It is further the
   37  intent of the Legislature that the office coordinate, to the
   38  greatest extent possible, with the Department of Environmental
   39  Protection to produce the annual assessment.
   40         (2)(1) WATER RESOURCES.—The assessment must include:
   41         (a)A quantitative, needs-based evaluation of all of the
   42  following:
   43         1. Water supply infrastructure, including, but not limited
   44  to, water supply development projects, water resource
   45  development projects, and water conservation.
   46         2. Water quality protection and restoration, including, but
   47  not limited to, septic system conversion, basin management
   48  action plans under s. 403.067(7)(a), and surface water
   49  improvement and management plans under s. 373.453.
   50         3. Wastewater infrastructure, including septic systems.
   51         4. Stormwater infrastructure.
   52         5. Flood control infrastructure.
   53         6. Environmental restoration.
   54         (b)(a)An evaluation of Historical and current expenditures
   55  and projections of future expenditures by federal, state,
   56  regional, and local governments and public and private utilities
   57  which are based upon historical trends and ongoing projects or
   58  initiatives associated with the categories listed in paragraph
   59  (a).:
   60         1. Water supply and demand; and
   61         2. Water quality protection and restoration.
   62         (c)(b) An analysis and estimates of future expenditures by
   63  federal, state, regional, and local governments and public and
   64  private utilities necessary to comply with federal and state
   65  laws and regulations governing paragraphs (a) and (b)
   66  subparagraphs (a)1. and 2. The analysis and estimates must
   67  address future needs expenditures by federal, state, regional,
   68  and local governments and all public and private utilities
   69  necessary to achieve the requirements in s. 7, Art. II of the
   70  State Constitution, and the Legislature’s intent that sufficient
   71  water be available for all existing and future reasonable
   72  beneficial uses and the natural systems, and that adverse
   73  effects of competition for water supplies be avoided. The
   74  assessment must include a compilation of projected water supply
   75  and demand data developed by each water management district
   76  pursuant to ss. 373.036 and 373.709, with notations regarding
   77  any significant differences between the methods used by the
   78  districts to calculate the data.
   79         (d)(c) Forecasts of federal, state, regional, and local
   80  government revenues dedicated in current law for the purposes
   81  specified in paragraphs (a) and (b) subparagraphs (a)1. and 2.
   82  or that have been historically allocated for these purposes, as
   83  well as public and private utility revenues.
   84         (e)(d) An identification of gaps between projected revenues
   85  and projected and estimated needs expenditures.
   86         (f) A comprehensive list of funding options to fulfill any
   87  funding gaps identified in paragraph (e). In creating the list,
   88  the Office of Economic and Demographic Research shall evaluate,
   89  at a minimum, existing revenue sources, potential additional
   90  revenue sources, and funding mechanisms used by other states for
   91  water infrastructure and environmental restoration.
   92         (3)(2) CONSERVATION LANDS.—The assessment must include all
   93  of the following:
   94         (a) Historical and current expenditures and projections of
   95  future expenditures by federal, state, regional, and local
   96  governments based upon historical trends and ongoing projects or
   97  initiatives associated with real property interests eligible for
   98  funding under s. 259.105.
   99         (b) An analysis and estimates of future expenditures by
  100  federal, state, regional, and local governments necessary to
  101  purchase lands identified in plans set forth by state agencies
  102  or water management districts.
  103         (c) An analysis of the ad valorem tax impacts, by county,
  104  resulting from public ownership of conservation lands.
  105         (d) Forecasts of federal, state, regional, and local
  106  government revenues dedicated in current law to maintain
  107  conservation lands and the gap between projected expenditures
  108  and revenues.
  109         (e) The total percentage of Florida real property that is
  110  publicly owned for conservation purposes.
  111         (f) A comparison of the cost of acquiring and maintaining
  112  conservation lands under fee simple or less than fee simple
  113  ownership.
  114         (4)(3)SCOPE.—The assessment must shall include:
  115         (a) Analyses on a statewide, regional, or geographic basis,
  116  as appropriate, and must shall identify analytical challenges in
  117  assessing information across the different regions of this the
  118  state.
  119         (b)(4)An identification of The assessment must identify
  120  any overlap in the expenditures or needs for water resources and
  121  conservation lands.
  122         (5) AGENCY ASSISTANCE.—
  123         (a) Agencies The water management districts, the Department
  124  of Environmental Protection, the Department of Agriculture and
  125  Consumer Services, the Fish and Wildlife Conservation
  126  Commission, counties, municipalities, and special districts
  127  shall provide assistance to the Office of Economic and
  128  Demographic Research related to their respective areas of
  129  expertise.
  130         (b)(6)An agency must provide the Office of Economic and
  131  Demographic Research with must be given access to any data held
  132  by the an agency which as defined in s. 112.312 if the office of
  133  Economic and Demographic Research considers the data necessary
  134  to complete the assessment, including any confidential data.
  135         (c) As used in this subsection, the term “agency” has the
  136  same meaning as in s. 112.312.
  137         (6)(7)SUBMISSION.—The assessment must shall be submitted
  138  to the President of the Senate and the Speaker of the House of
  139  Representatives by January 1, 2020 2017, and by January 1 of
  140  each year thereafter.
  141         Section 2. This act shall take effect July 1, 2019.