Florida Senate - 2021                   (PROPOSED BILL) SPB 7062
       
       
        
       FOR CONSIDERATION By the Committee on Environment and Natural
       Resources
       
       
       
       
       592-01109C-21                                         20217062pb
    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.; revising legislative findings;
   16         requiring the department, in consultation with
   17         specified water management districts, to adopt rules
   18         to limit the amount of groundwater that existing and
   19         future permittees may withdraw from the Floridan
   20         Aquifer based on certain information; prohibiting the
   21         department or the water management districts from
   22         pursuing, for purposes of the Central Florida Water
   23         Initiative Area only, enforcement actions against
   24         permittees without first determining if the permittee
   25         had good cause for an exceedance; requiring the water
   26         management districts to modify existing permits upon
   27         the adoption of new rules; creating s. 373.0466, F.S.;
   28         establishing, subject to appropriation, a Central
   29         Florida Water Initiative grant program within the
   30         department; requiring the department, in cooperation
   31         with the relevant water management districts, to
   32         distribute appropriated funds for certain projects
   33         within the Central Florida Water Initiative Area;
   34         providing requirements for the distribution; amending
   35         s. 403.8532, F.S., requiring the department to give
   36         funding priority to certain projects relating to the
   37         Central Florida Water Initiative; providing an
   38         effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. (1)The following rule is ratified for the sole
   43  and exclusive purpose of satisfying any condition on
   44  effectiveness imposed under s. 120.541(3), Florida Statutes:
   45  Rules 62-41.300, 62-41.301, 62.41.302, 62-41.303, 62-41.304, 62
   46  41.305, Florida Administrative Code, titled “Central Florida
   47  Water Initiative Area” as published on February 9, 2021, in the
   48  Florida Administrative Register, Vol. 47, No. 26, pages 733-734.
   49         (2)This section serves no other purpose and shall not be
   50  codified in the Florida Statutes. After this act becomes a law,
   51  its enactment and effective dates shall be noted in the Florida
   52  Administrative Code or the Florida Administrative Register, or
   53  both, as appropriate. This section does not constitute
   54  legislative preemption of or exception to any provision of law
   55  governing adoption or enforcement of the rule cited, and is
   56  intended to preserve the status of any cited rule as a rule
   57  under chapter 120, Florida Statutes. This section does not cure
   58  any rulemaking defect or preempt any challenge based on a
   59  violation of the legal requirements governing the adoption of
   60  any rule cited.
   61         (3)By December 31, 2025, and December 31, 2030, the
   62  Department of Environmental Protection shall provide a report to
   63  the President of the Senate and the Speaker of the House of
   64  Representatives which details methods the department has used to
   65  address practical and economic barriers to implementing the
   66  requirements of the Central Florida Water Initiative rules,
   67  including, but not limited to, variances, offsets, credits, and
   68  financial incentives. The report must include a list of the
   69  recipients of any such accommodations and the hardship addressed
   70  by each accommodation.
   71         (4)The Legislature determines and declares that this
   72  section fulfills an important state interest.
   73         Section 2. Paragraph (b) of subsection (1) and paragraphs
   74  (d) and (e) of subsection (2) of section 373.0465, Florida
   75  Statutes, are amended to read:
   76         373.0465 Central Florida Water Initiative.—
   77         (1) The Legislature finds that:
   78         (b) Because the boundaries of the St. Johns River Water
   79  Management District, the South Florida Water Management
   80  District, and the Southwest Florida Water Management District
   81  meet within the Central Florida Coordination Area, the three
   82  districts and the Department of Environmental Protection have
   83  worked cooperatively to determine that the Floridan Aquifer
   84  system and other water resources in the Central Florida Water
   85  Initiative Area have experienced harm from cumulative
   86  groundwater withdrawals and that harm is expected to increase.
   87  Such harm is detrimental to the water resources of this state.
   88  Based on this determination, the water management districts and
   89  the department is locally approaching the sustainable limits of
   90  use and are exploring the need to develop sources of water to
   91  meet the long-term water needs of the area.
   92         (2)
   93         (d) The department, in consultation with the St. Johns
   94  River Water Management District, the South Florida Water
   95  Management District, the Southwest Florida Water Management
   96  District, and the Department of Agriculture and Consumer
   97  Services, shall adopt uniform rules for application within the
   98  Central Florida Water Initiative Area that include:
   99         1. A single, uniform definition of the term “harmful to the
  100  water resources” consistent with the term’s usage in s. 373.219;
  101         2. A single method for calculating residential per capita
  102  water use;
  103         3. A single process for permit reviews;
  104         4. A single, consistent process, as appropriate, to set
  105  minimum flows and minimum water levels and water reservations;
  106         5. A goal for residential per capita water use for each
  107  consumptive use permit; and
  108         6. An annual conservation goal for each consumptive use
  109  permit, building upon consistent with the regional water supply
  110  plan; and
  111         7.A limitation on the amount of groundwater that existing
  112  and future permittees may withdraw from the Floridan Aquifer,
  113  considering use type and any previously authorized mitigation.
  114  The limitation must be based on the projected available
  115  groundwater that may be cumulatively withdrawn across the entire
  116  Central Florida Water Initiative Area without causing harm to
  117  the water resources of this state, consistent with the 2020
  118  Central Florida Water Initiative Regional Water Supply Plan.
  119  
  120  In addition to the requirements of this paragraph, the uniform
  121  rules must include existing recovery strategies within the
  122  Central Florida Water Initiative Area adopted before July 1,
  123  2016. The department may grant variances to the uniform rules if
  124  there are unique circumstances or hydrogeological factors that
  125  make application of the uniform rules unrealistic or
  126  impractical. For purposes of the Central Florida Water
  127  Initiative Area only, the department, St. Johns River Water
  128  Management District, the South Florida Water Management
  129  District, or the Southwest Florida Water Management District may
  130  not pursue an enforcement action against a permittee that has
  131  exceeded its allocated supplemental irrigation quantity unless
  132  the department or water management district has first conferred
  133  with the permittee to determine whether there is good cause for
  134  the exceedance.
  135         (e) The department shall initiate rulemaking for the
  136  uniform rules by December 31, 2016. The department’s uniform
  137  rules shall be applied by the water management districts only
  138  within the Central Florida Water Initiative Area. Upon adoption
  139  of the rules, the water management districts shall implement the
  140  rules without further rulemaking pursuant to s. 120.54. The
  141  rules adopted by the department pursuant to this section are
  142  considered the rules of the water management districts. Upon the
  143  effective date of the rules, the water management district shall
  144  modify existing permits as needed to be consistent with the
  145  rules.
  146         Section 3. Section 373.0466, Florida Statutes, is created
  147  to read:
  148         373.0466Central Florida Water Initiative Grant Program.
  149  Subject to appropriation, a grant program for the Central
  150  Florida Water Initiative is established within the Department of
  151  Environmental Protection.
  152         (1)The department, in cooperation with the relevant water
  153  management districts, shall provide grants for projects within
  154  the Central Florida Water Initiative Area which promote
  155  alternative water supplies and protect groundwater resources.
  156         (2)In allocating such funds, priority must be given to
  157  projects that use reclaimed water, enhance natural systems,
  158  recharge groundwater, optimize beneficial uses of water, expand
  159  water conservation programs, or are able to demonstrate that a
  160  significant financial hardship exists as a result of complying
  161  with rules applicable to the Central Florida Water Initiative
  162  Area.
  163         Section 4. Paragraph (a) of subsection (9) of section
  164  403.8532, Florida Statutes, is amended to read:
  165         403.8532 Drinking water state revolving loan fund; use;
  166  rules.—
  167         (9) The department may adopt rules regarding the procedural
  168  and contractual relationship between the department and the
  169  corporation under s. 403.1837 and to carry out the purposes of
  170  this section and the federal Safe Drinking Water Act, as
  171  amended. Such rules shall:
  172         (a) Set forth a priority system for loans based on public
  173  health considerations, compliance with state and federal
  174  requirements relating to public drinking water systems, and
  175  affordability. The priority system must shall give special
  176  consideration to:
  177         1. Projects that provide for the development of alternative
  178  drinking water supply projects and management techniques in
  179  areas where existing source waters are limited or threatened by
  180  saltwater intrusion, excessive drawdowns, contamination, or
  181  other problems;
  182         2. Projects that provide for a dependable, sustainable
  183  supply of drinking water and that are not otherwise financially
  184  feasible; and
  185         3. Projects that contribute to the sustainability of
  186  regional water sources; and
  187         4.Projects that implement water supply plans and develop
  188  water sources as an alternative to continued reliance on the
  189  Floridan Aquifer, pursuant to s. 373.0465.
  190         Section 5. This act shall take effect upon becoming a law.