Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. HB 1309
       
       
       
       
       
       
                                Ì739232ÂÎ739232                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/19/2021 05:13 PM       .                                
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       Senator Brodeur moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 50 and 51
    4  insert:
    5         Section 2. (1)The following rule is ratified for the sole
    6  and exclusive purpose of satisfying any condition on
    7  effectiveness imposed under s. 120.541(3), Florida Statutes:
    8  Rules 62-41.300, 62-41.301, 62.41.302, 62-41.303, 62-41.304, and
    9  62-41.305, Florida Administrative Code, titled “Central Florida
   10  Water Initiative Area,” as published on November 19, 2020, in
   11  the Florida Administrative Register, Vol. 46, No. 226, pages
   12  5019-5025; February 9, 2021, in the Florida Administrative
   13  Register, Vol. 47, No. 26, pages 733-734; and March 26, 2021, in
   14  the Florida Administrative Register, Vol. 47, No. 59, pages
   15  1506-1507.
   16         (2)This section serves no other purpose and shall not be
   17  codified in the Florida Statutes. After this act becomes a law,
   18  its enactment and effective dates shall be noted in the Florida
   19  Administrative Code or the Florida Administrative Register, or
   20  both, as appropriate. This section does not constitute
   21  legislative preemption of or exception to any provision of law
   22  governing adoption or enforcement of the rule cited, and is
   23  intended to preserve the status of any cited rule as a rule
   24  under chapter 120, Florida Statutes. This section does not cure
   25  any rulemaking defect or preempt any challenge based on a
   26  violation of the legal requirements governing the adoption of
   27  any rule cited.
   28         (3)The Legislature determines and declares that this
   29  section fulfills an important state interest.
   30         Section 3. Paragraph (d) of subsection (2) of section
   31  373.0465, Florida Statutes, is amended to read:
   32         373.0465 Central Florida Water Initiative.—
   33         (2)
   34         (d) The department, in consultation with the St. Johns
   35  River Water Management District, the South Florida Water
   36  Management District, the Southwest Florida Water Management
   37  District, and the Department of Agriculture and Consumer
   38  Services, shall adopt uniform rules for application within the
   39  Central Florida Water Initiative Area that include:
   40         1. A single, uniform definition of the term “harmful to the
   41  water resources” consistent with the term’s usage in s. 373.219;
   42         2. A single method for calculating residential per capita
   43  water use;
   44         3. A single process for permit reviews;
   45         4. A single, consistent process, as appropriate, to set
   46  minimum flows and minimum water levels and water reservations;
   47         5. A goal for residential per capita water use for each
   48  consumptive use permit; and
   49         6. An annual conservation goal for each consumptive use
   50  permit consistent with the regional water supply plan;
   51         7.A drought allocation for supplemental irrigation for
   52  agricultural uses which is based on a 2-in-10-year rainfall
   53  condition or, if the applicant so requests, is based on a 5-in
   54  10-year rainfall condition alone or combined with the 2-in-10
   55  year condition. The applicable water management district may
   56  also condition, for information only purposes, consumptive use
   57  permits to advise permittees that their annual use of water
   58  should be less than the drought allocation in all years except
   59  for the drought condition that is the basis for the allocation
   60  or a more severe drought; and
   61         8.A process for the applicable water management district
   62  to annually examine an agricultural user’s 5-year moving average
   63  supplemental irrigation water use against the annual
   64  supplemental irrigation needs in the 5-in-10-year rainfall
   65  condition beginning no earlier than 5 years following the
   66  effective date of the rules adopted under this section. If this
   67  annual examination indicates that the agricultural user’s 5-year
   68  moving average use exceeds that needed in such rainfall
   69  condition for reasons other than prolonged periods of below
   70  average rainfall, the water management district may modify the
   71  agricultural user’s permit to include an annual supplemental
   72  irrigation allocation based on both the amount of supplemental
   73  irrigation required during a 2-in-10-year rainfall condition and
   74  the amount of supplemental irrigation required during a 5-in-10
   75  year rainfall condition as provided in rules adopted pursuant to
   76  this section. In such case, the supplemental irrigation
   77  allocation based on the 5-in-10-year rainfall condition shall be
   78  valid for only 5 years unless the agricultural user’s 5-year
   79  moving average use continues to exceed the amount of
   80  supplemental irrigation needed during a 5-in-10-year rainfall
   81  condition for reasons other than prolonged periods of drought.
   82  
   83  Subparagraphs 7. and 8. may not be construed to limit the
   84  ability of the department or a water management district to
   85  establish different supplemental irrigation requirements as part
   86  of an existing or future recovery or prevention strategy adopted
   87  pursuant to s. 373.0363, s. 373.042, or s. 373.0421. The uniform
   88  rules must include existing recovery strategies within the
   89  Central Florida Water Initiative Area adopted before July 1,
   90  2016. The department may grant variances to the uniform rules if
   91  there are unique circumstances or hydrogeological factors that
   92  make application of the uniform rules unrealistic or
   93  impractical.
   94         Section 4. Section 373.0466, Florida Statutes, is created
   95  to read:
   96         373.0466Central Florida Water Initiative Grant Program.
   97  Subject to appropriation, a grant program for the Central
   98  Florida Water Initiative is established within the Department of
   99  Environmental Protection.
  100         (1)The department, in cooperation with the relevant water
  101  management districts, shall provide grants for projects that
  102  benefit the Central Florida Water Initiative Area which promote
  103  alternative water supplies and protect groundwater resources.
  104         (2)In allocating such funds, priority must be given to
  105  projects that use reclaimed water, create new surface water
  106  storage, enhance natural systems, recharge groundwater, optimize
  107  beneficial uses of water, expand water conservation programs, or
  108  are able to demonstrate that a significant financial hardship
  109  exists as a result of complying with rules applicable to the
  110  Central Florida Water Initiative Area.
  111         Section 5. Paragraph (a) of subsection (9) of section
  112  403.8532, Florida Statutes, is amended to read:
  113         403.8532 Drinking water state revolving loan fund; use;
  114  rules.—
  115         (9) The department may adopt rules regarding the procedural
  116  and contractual relationship between the department and the
  117  corporation under s. 403.1837 and to carry out the purposes of
  118  this section and the federal Safe Drinking Water Act, as
  119  amended. Such rules shall:
  120         (a) Set forth a priority system for loans based on public
  121  health considerations, compliance with state and federal
  122  requirements relating to public drinking water systems, and
  123  affordability. The priority system must shall give special
  124  consideration to:
  125         1. Projects that provide for the development of alternative
  126  drinking water supply projects and management techniques in
  127  areas where existing source waters are limited or threatened by
  128  saltwater intrusion, excessive drawdowns, contamination, or
  129  other problems;
  130         2. Projects that provide for a dependable, sustainable
  131  supply of drinking water and that are not otherwise financially
  132  feasible; and
  133         3. Projects that contribute to the sustainability of
  134  regional water sources; and
  135         4.Projects that implement water supply plans and develop
  136  water sources as an alternative to continued reliance on the
  137  Floridan Aquifer, pursuant to s. 373.0465.
  138  
  139  ================= T I T L E  A M E N D M E N T ================
  140  And the title is amended as follows:
  141         Delete lines 2 - 11
  142  and insert:
  143         An act relating to environmental regulation; ratifying
  144         specified rules relating to biosolids for the sole and
  145         exclusive purpose of satisfying any condition on
  146         effectiveness pursuant to s. 120.541(3), F.S., which
  147         requires ratification of any rule exceeding the
  148         specified thresholds for likely adverse impact or
  149         increase in regulatory costs; exempting the rules from
  150         certain review and approval by the Environmental
  151         Regulation Commission; providing applicability;
  152         ratifying specified rules relating to the Central
  153         Florida Water Initiative, for the sole and exclusive
  154         purpose of satisfying any condition on effectiveness
  155         pursuant to s. 120.541(3), F.S., which requires
  156         ratification of any rule exceeding any specified
  157         thresholds for likely adverse impact or increase in
  158         regulatory costs; providing applicability; providing a
  159         declaration of important state interest; amending s.
  160         373.0465, F.S.; requiring the department, in
  161         consultation with specified water management
  162         districts, to adopt rules that include an annual
  163         drought allocation for supplemental irrigation for
  164         agricultural uses and a process for examining an
  165         agricultural user’s supplemental irrigation needs as
  166         weighed against certain factors; providing for the
  167         applicability of specified rules to areas with certain
  168         existing recovery strategies; creating s. 373.0466,
  169         F.S.; establishing, subject to appropriation, a
  170         Central Florida Water Initiative grant program within
  171         the department; requiring the department, in
  172         cooperation with the relevant water management
  173         districts, to distribute appropriated funds for
  174         certain projects that benefit the Central Florida
  175         Water Initiative Area; providing an