Florida Senate - 2019                              CS for SB 628
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Albritton
       
       
       
       
       592-03516-19                                           2019628c1
    1                        A bill to be entitled                      
    2         An act relating to water resources; providing
    3         legislative intent; creating s. 403.9339, F.S.;
    4         requiring the Department of Environmental Protection
    5         to conduct a comprehensive and quantitative needs
    6         based overview of this state’s water resources;
    7         specifying requirements for the overview; requiring
    8         the department to submit a report every 5 years to the
    9         Governor and the Legislature by a specified date;
   10         providing an effective date.
   11  
   12         WHEREAS, the Legislature finds that water constitutes a
   13  public resource benefitting the entire state, and
   14         WHEREAS, water is an essential element to this state’s
   15  current and future growth, sustainability, and environmental
   16  health, and
   17         WHEREAS, a needs-based water assessment is vital to
   18  successfully plan for this state’s current and future population
   19  growth, and infrastructural and environmental needs, NOW,
   20  THEREFORE,
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. It is the intent of the Legislature that the
   25  Department of Environmental Protection interpret this act, to
   26  the maximum extent practicable, in a manner that provides the
   27  Legislature with a comprehensive overview of this state’s water
   28  infrastructure funding needs, including, but not limited to, its
   29  residential, commercial, environmental, agricultural, and
   30  industrial needs. The department shall coordinate, to the
   31  maximum extent practicable, with private and public sector
   32  entities to produce the report required under s. 403.9339,
   33  Florida Statutes. The department may use any source of
   34  information it deems reasonably reliable as long as the source
   35  is identified in the report.
   36         Section 2. Section 403.9339, Florida Statutes, is created
   37  to read:
   38         403.9339Comprehensive overview of statewide water
   39  resources report.
   40         (1)The department shall conduct a comprehensive and
   41  quantitative needs-based overview of this state’s water
   42  resources.
   43         (2)To determine the level of need, the overview must
   44  include, but is not limited to, all of the following:
   45         (a) The funds necessary for the infrastructure’s capacity
   46  to meet current and future demands.
   47         (b)The funds necessary to provide for the infrastructure’s
   48  existing and near-future physical condition and to provide
   49  expected levels of service and protection to the public safety.
   50         (c)The funds necessary for the infrastructure to be
   51  operated and maintained in compliance with federal, state, and
   52  local government regulations.
   53         (d)The funds necessary for the infrastructure to be able
   54  to prevent or protect against significant multi-hazard threats
   55  and incidents, and its ability to quickly return to a pre-hazard
   56  or pre-threat level of service.
   57         (e)The replacement costs for infrastructure that is
   58  nearing, at, or exceeding its estimated service life.
   59         (f)The costs of compliance with legislative intent that
   60  sufficient water be available for all existing and future
   61  reasonable-beneficial uses and for natural systems, and that
   62  adverse effects of competition for water supplies be avoided.
   63         (g)The infrastructure needs and funds necessary to
   64  protect, restore, and enhance this state’s water.
   65         (h)The infrastructure, including stormwater systems, needs
   66  and funds necessary to provide for adequate flood protection.
   67         (3)The overview must be based on a short-term, 5-year
   68  planning period and a long-term, 20-year planning period and
   69  must include, but need not be limited to, all of the following:
   70         (a) Water supply infrastructure, including, at a minimum,
   71  water supply development projects, water resource development
   72  projects, and water conservation.
   73         (b)Water quality protection and restoration, including, at
   74  a minimum, septic system conversion, basin management action
   75  plans under s. 403.067(7)(a), and surface water improvement and
   76  management plans under s. 373.453.
   77         (c)Wastewater infrastructure.
   78         (d)Stormwater infrastructure.
   79         (e)Flood control infrastructure.
   80         (f)Environmental restoration.
   81         (4)The overview must also identify potential funding
   82  options to meet the anticipated demand on water resources in
   83  this state which are necessary to comply with laws and
   84  regulations governing subsection (1), to comply with the
   85  Legislature’s intent that sufficient water be available for all
   86  existing and future reasonable-beneficial uses and the natural
   87  systems, and to avoid adverse effects of competition for water
   88  supplies. The overview of funding options may include a review
   89  of public and private funding options used in this state, other
   90  states, or other countries.
   91         (5)Beginning January 1, 2021, and every 5 years
   92  thereafter, the department shall submit a report of the findings
   93  of the overview to the Governor, the President of the Senate,
   94  and the Speaker of the House of Representatives.
   95         Section 3. This act shall take effect July 1, 2019.