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 departmentis locally approaching the sustainable limits of90use andare 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 uponconsistent withthe 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: 148 373.0466 Central 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 mustshallgive 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;and185 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.