Florida Senate - 2021 SB 7062 By the Committee on Environment and Natural Resources 592-03181-21 20217062__ 1 A bill to be entitled 2 An act relating to the Central Florida Water 3 Initiative; ratifying specified rules relating to the 4 Central Florida Water Initiative, for the sole and 5 exclusive purpose of satisfying any condition on 6 effectiveness pursuant to s. 120.541(3), F.S., which 7 requires ratification of any rule exceeding any 8 specified thresholds for likely adverse impact or 9 increase in regulatory costs; providing applicability; 10 requiring the Department of Environmental Protection 11 to provide reports relating to implementation of the 12 requirements of the Central Florida Water Initiative 13 rules to the Legislature by specified dates; providing 14 a declaration of important state interest; amending s. 15 373.0465, F.S.; requiring the department, in 16 consultation with specified water management 17 districts, to adopt rules that include an annual 18 supplemental irrigation requirement allocation for 19 agricultural uses and a process for examining an 20 agriculture user’s average annual supplemental 21 irrigation needs; providing for the applicability of 22 specified rules to areas with certain existing 23 recovery strategies; creating s. 373.0466, F.S.; 24 establishing, subject to appropriation, a Central 25 Florida Water Initiative grant program within the 26 department; requiring the department, in cooperation 27 with the relevant water management districts, to 28 distribute appropriated funds for certain projects 29 within the Central Florida Water Initiative Area; 30 providing requirements for the distribution; amending 31 s. 403.8532, F.S.; requiring the department to give 32 funding priority to certain projects relating to the 33 Central Florida Water Initiative; providing an 34 effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. (1) The following rule is ratified for the sole 39 and exclusive purpose of satisfying any condition on 40 effectiveness imposed under s. 120.541(3), Florida Statutes: 41 Rules 62-41.300, 62-41.301, 62.41.302, 62-41.303, 62-41.304, and 42 62-41.305, Florida Administrative Code, titled “Central Florida 43 Water Initiative Area,” as published on February 9, 2021, in the 44 Florida Administrative Register, Vol. 47, No. 26, pages 733-734. 45 (2) This section serves no other purpose and shall not be 46 codified in the Florida Statutes. After this act becomes a law, 47 its enactment and effective dates shall be noted in the Florida 48 Administrative Code or the Florida Administrative Register, or 49 both, as appropriate. This section does not constitute 50 legislative preemption of or exception to any provision of law 51 governing adoption or enforcement of the rule cited, and is 52 intended to preserve the status of any cited rule as a rule 53 under chapter 120, Florida Statutes. This section does not cure 54 any rulemaking defect or preempt any challenge based on a 55 violation of the legal requirements governing the adoption of 56 any rule cited. 57 (3) By December 31, 2025, and December 31, 2030, the 58 Department of Environmental Protection shall provide a report to 59 the President of the Senate and the Speaker of the House of 60 Representatives which details methods the department has used to 61 address practical and economic barriers to implementing the 62 requirements of the Central Florida Water Initiative rules, 63 including, but not limited to, variances, offsets, credits, and 64 financial incentives. The report must include a list of the 65 recipients of any such accommodations and the hardship addressed 66 by each accommodation. 67 (4) The Legislature determines and declares that this 68 section fulfills an important state interest. 69 Section 2. Paragraph (d) of subsection (2) of section 70 373.0465, Florida Statutes, is amended to read: 71 373.0465 Central Florida Water Initiative.— 72 (2) 73 (d) The department, in consultation with the St. Johns 74 River Water Management District, the South Florida Water 75 Management District, the Southwest Florida Water Management 76 District, and the Department of Agriculture and Consumer 77 Services, shall adopt uniform rules for application within the 78 Central Florida Water Initiative Area that include: 79 1. A single, uniform definition of the term “harmful to the 80 water resources” consistent with the term’s usage in s. 373.219; 81 2. A single method for calculating residential per capita 82 water use; 83 3. A single process for permit reviews; 84 4. A single, consistent process, as appropriate, to set 85 minimum flows and minimum water levels and water reservations; 86 5. A goal for residential per capita water use for each 87 consumptive use permit;and88 6. An annual conservation goal for each consumptive use 89 permit consistent with the regional water supply plan; 90 7. An annual supplemental irrigation requirement allocation 91 for agricultural uses based on a 2-in-10-year drought condition, 92 or a more frequently occurring drought condition if the 93 applicant so requests; and 94 8. A process for the applicable water management district 95 to examine an agriculture user’s average annual supplemental 96 irrigation water use over 5-year periods against the annual 97 supplemental irrigation needs in the 5-in-10-year rainfall 98 condition. If this examination indicates that the agricultural 99 user’s average annual use exceeds that needed in such rainfall 100 condition for reasons other than prolonged periods of below 101 average rainfall, the water management district may request that 102 the agricultural user explain the reason for the exceedance and 103 what measures that user will employ to reduce such future 104 average annual water use to be no greater than that needed in 105 the 5-in-10-year rainfall condition. However, nothing in this 106 process shall be identified as an allocation. 107 108 Subparagraphs 7. and 8. do not apply to areas where existing 109 recovery strategies within the Central Florida Water Initiative 110 Area adopted before July 1, 2016, contain supplemental 111 irrigation allocation requirements. The uniform rules must 112 include existing recovery strategies within the Central Florida 113 Water Initiative Area adopted before July 1, 2016. The 114 department may grant variances to the uniform rules if there are 115 unique circumstances or hydrogeological factors that make 116 application of the uniform rules unrealistic or impractical. 117 Section 3. Section 373.0466, Florida Statutes, is created 118 to read: 119 373.0466 Central Florida Water Initiative Grant Program. 120 Subject to appropriation, a grant program for the Central 121 Florida Water Initiative is established within the Department of 122 Environmental Protection. 123 (1) The department, in cooperation with the relevant water 124 management districts, shall provide grants for projects within 125 the Central Florida Water Initiative Area which promote 126 alternative water supplies and protect groundwater resources. 127 (2) In allocating such funds, priority must be given to 128 projects that use reclaimed water, enhance natural systems, 129 recharge groundwater, optimize beneficial uses of water, expand 130 water conservation programs, or are able to demonstrate that a 131 significant financial hardship exists as a result of complying 132 with rules applicable to the Central Florida Water Initiative 133 Area. 134 Section 4. Paragraph (a) of subsection (9) of section 135 403.8532, Florida Statutes, is amended to read: 136 403.8532 Drinking water state revolving loan fund; use; 137 rules.— 138 (9) The department may adopt rules regarding the procedural 139 and contractual relationship between the department and the 140 corporation under s. 403.1837 and to carry out the purposes of 141 this section and the federal Safe Drinking Water Act, as 142 amended. Such rules shall: 143 (a) Set forth a priority system for loans based on public 144 health considerations, compliance with state and federal 145 requirements relating to public drinking water systems, and 146 affordability. The priority system mustshallgive special 147 consideration to: 148 1. Projects that provide for the development of alternative 149 drinking water supply projects and management techniques in 150 areas where existing source waters are limited or threatened by 151 saltwater intrusion, excessive drawdowns, contamination, or 152 other problems; 153 2. Projects that provide for a dependable, sustainable 154 supply of drinking water and that are not otherwise financially 155 feasible;and156 3. Projects that contribute to the sustainability of 157 regional water sources; and 158 4. Projects that implement water supply plans and develop 159 water sources as an alternative to continued reliance on the 160 Floridan Aquifer, pursuant to s. 373.0465. 161 Section 5. This act shall take effect upon becoming a law.