Florida Senate - 2013                                     SB 948
       By Senator Grimsley
       21-01337-13                                            2013948__
    1                        A bill to be entitled                      
    2         An act relating to water supply; amending s. 373.701,
    3         F.S.; providing a legislative declaration that efforts
    4         to adequately and dependably meet water needs require
    5         the cooperation of utility companies, private
    6         landowners, water consumers, and the Department of
    7         Agriculture and Consumer Services; amending s.
    8         373.703, F.S.; providing that the governing board of a
    9         water management district shall assist self-suppliers,
   10         among others, in meeting water supply demands in a
   11         manner that will give priority to encouraging
   12         conservation and reducing adverse environmental
   13         effects; providing that the governing board of a water
   14         management district may contract with self-suppliers
   15         for the purpose of carrying out its powers; amending
   16         s. 373.709, F.S.; providing that certain planning by
   17         the governing board of a water management district
   18         must be conducted in coordination and cooperation with
   19         the Department of Agriculture and Consumer Services,
   20         among other interested parties; requiring that certain
   21         agricultural demand projections be based upon the best
   22         available data and providing considerations to
   23         determine the best available data; requiring certain
   24         information if there is a deviation from the data
   25         provided by the Department of Agriculture and Consumer
   26         Services; authorizing certain users to propose
   27         specific projects for inclusion in the list of water
   28         supply development project options; removing
   29         references to alternative water supply projects;
   30         requiring water management districts to assist in
   31         developing multijurisdictional approaches to water
   32         supply project development jointly with affected self
   33         suppliers in certain areas; amending s. 570.076, F.S.;
   34         conforming a cross-reference; amending s. 570.085,
   35         F.S.; requiring the Department of Agriculture and
   36         Consumer Services to establish an agricultural water
   37         supply planning program that includes certain data;
   38         providing criteria for development of data; providing
   39         an effective date.
   41  Be It Enacted by the Legislature of the State of Florida:
   43         Section 1. Subsection (3) of section 373.701, Florida
   44  Statutes, is amended to read:
   45         373.701 Declaration of policy.—It is declared to be the
   46  policy of the Legislature:
   47         (3) Cooperative efforts between municipalities, counties,
   48  utility companies, private landowners, water consumers, water
   49  management districts, and the Department of Environmental
   50  Protection, and the Department of Agriculture and Consumer
   51  Services are necessary mandatory in order to meet the water
   52  needs of rural and rapidly urbanizing areas in a manner that
   53  will supply adequate and dependable supplies of water where
   54  needed without resulting in adverse effects upon the areas from
   55  which such water is withdrawn. Such efforts should employ use
   56  all practical means of obtaining water, including, but not
   57  limited to, withdrawals of surface water and groundwater, reuse,
   58  and desalination, and will require necessitate not only
   59  cooperation and but also well-coordinated activities.
   60  Municipalities, counties, and special districts are encouraged
   61  to create multijurisdictional water supply entities or regional
   62  water supply authorities as authorized in s. 373.713 or
   63  multijurisdictional water supply entities.
   64         Section 2. Subsections (1), (2), and (9) of section
   65  373.703, Florida Statutes, are amended to read:
   66         373.703 Water production; general powers and duties.—In the
   67  performance of, and in conjunction with, its other powers and
   68  duties, the governing board of a water management district
   69  existing pursuant to this chapter:
   70         (1) Shall engage in planning to assist counties,
   71  municipalities, special districts, publicly owned and privately
   72  owned water utilities, multijurisdictional water supply
   73  entities, or regional water supply authorities, or self
   74  suppliers in meeting water supply needs in such manner as will
   75  give priority to encouraging conservation and reducing adverse
   76  environmental effects of improper or excessive withdrawals of
   77  water from concentrated areas. As used in this section and s.
   78  373.707, regional water supply authorities are regional water
   79  authorities created under s. 373.713 or other laws of this
   80  state.
   81         (2) Shall assist counties, municipalities, special
   82  districts, publicly owned or privately owned water utilities,
   83  multijurisdictional water supply entities, or regional water
   84  supply authorities, or self-suppliers in meeting water supply
   85  needs in such manner as will give priority to encouraging
   86  conservation and reducing adverse environmental effects of
   87  improper or excessive withdrawals of water from concentrated
   88  areas.
   89         (9) May join with one or more other water management
   90  districts, counties, municipalities, special districts, publicly
   91  owned or privately owned water utilities, multijurisdictional
   92  water supply entities, or regional water supply authorities, or
   93  self-suppliers for the purpose of carrying out any of its
   94  powers, and may contract with such other entities to finance
   95  acquisitions, construction, operation, and maintenance. The
   96  contract may provide for contributions to be made by each party
   97  to the contract thereto, for the division and apportionment of
   98  the expenses of acquisitions, construction, operation, and
   99  maintenance, and for the division and apportionment of resulting
  100  the benefits, services, and products therefrom. The contracts
  101  may contain other covenants and agreements necessary and
  102  appropriate to accomplish their purposes.
  103         Section 3. Subsection (1), paragraph (a) of subsection (2),
  104  and subsection (3) of section 373.709, Florida Statutes, is
  105  amended to read:
  106         373.709 Regional water supply planning.—
  107         (1) The governing board of each water management district
  108  shall conduct water supply planning for a any water supply
  109  planning region within the district identified in the
  110  appropriate district water supply plan under s. 373.036, where
  111  it determines that existing sources of water are not adequate to
  112  supply water for all existing and future reasonable-beneficial
  113  uses and to sustain the water resources and related natural
  114  systems for the planning period. The planning must be conducted
  115  in an open public process, in coordination and cooperation with
  116  local governments, regional water supply authorities,
  117  government-owned and privately owned water and wastewater
  118  utilities, multijurisdictional water supply entities, self
  119  suppliers, reuse utilities, the Department of Environmental
  120  Protection, the Department of Agriculture and Consumer Services,
  121  and other affected and interested parties. The districts shall
  122  actively engage in public education and outreach to all affected
  123  local entities and their officials, as well as members of the
  124  public, in the planning process and in seeking input. During
  125  preparation, but before prior to completion of the regional
  126  water supply plan, the district shall must conduct at least one
  127  public workshop to discuss the technical data and modeling tools
  128  anticipated to be used to support the regional water supply
  129  plan. The district shall also hold several public meetings to
  130  communicate the status, overall conceptual intent, and impacts
  131  of the plan on existing and future reasonable-beneficial uses
  132  and related natural systems. During the planning process, a
  133  local government may choose to prepare its own water supply
  134  assessment to determine if existing water sources are adequate
  135  to meet existing and projected reasonable-beneficial needs of
  136  the local government while sustaining water resources and
  137  related natural systems. The local government shall submit such
  138  assessment, including the data and methodology used, to the
  139  district. The district shall consider the local government’s
  140  assessment during the formation of the plan. A determination by
  141  the governing board that initiation of a regional water supply
  142  plan for a specific planning region is not needed pursuant to
  143  this section is shall be subject to s. 120.569. The governing
  144  board shall reevaluate the such a determination at least once
  145  every 5 years and shall initiate a regional water supply plan,
  146  if needed, pursuant to this subsection.
  147         (2) Each regional water supply plan must shall be based on
  148  at least a 20-year planning period and must shall include, but
  149  need not be limited to:
  150         (a) A water supply development component for each water
  151  supply planning region identified by the district which
  152  includes:
  153         1. A quantification of the water supply needs for all
  154  existing and future reasonable-beneficial uses within the
  155  planning horizon. The level-of-certainty planning goal
  156  associated with identifying the water supply needs of existing
  157  and future reasonable-beneficial uses must shall be based upon
  158  meeting those needs for a 1-in-10-year drought event.
  159         a. Population projections used for determining public water
  160  supply needs must be based upon the best available data. In
  161  determining the best available data, the district shall consider
  162  the University of Florida’s Bureau of Economic and Business
  163  Research (BEBR) medium population projections and any population
  164  projection data and analysis submitted by a local government
  165  pursuant to the public workshop described in subsection (1) if
  166  the data and analysis support the local government’s
  167  comprehensive plan. Any adjustment of or deviation from the BEBR
  168  projections must be fully described, and the original BEBR data
  169  must be presented along with the adjusted data.
  170         b. Agricultural demand projections used for determining the
  171  needs of agricultural self-suppliers must be based upon the best
  172  available data. In determining the best available data for
  173  agricultural self-supplied water needs, the district shall
  174  consider the data indicative of future water supply demands
  175  provided by the Department of Agriculture and Consumer Services
  176  pursuant to s. 570.085. Any adjustment of or deviation from the
  177  data provided by the Department of Agriculture and Consumer
  178  Services must be fully described, and the original data must be
  179  presented along with the adjusted data.
  180         2. A list of water supply development project options,
  181  including traditional and alternative water supply project
  182  options, from which local government, government-owned and
  183  privately owned utilities, regional water supply authorities,
  184  multijurisdictional water supply entities, self-suppliers, and
  185  others may choose for water supply development. In addition to
  186  projects listed by the district, such users may propose specific
  187  projects for inclusion in the list of alternative water supply
  188  development project options projects. If such users propose a
  189  project to be listed as a an alternative water supply project,
  190  the district shall determine whether it meets the goals of the
  191  plan, and, if so, it shall be included in the list. The total
  192  capacity of the projects included in the plan must shall exceed
  193  the needs identified in subparagraph 1. and shall take into
  194  account water conservation and other demand management measures,
  195  as well as water resources constraints, including adopted
  196  minimum flows and levels and water reservations. Where the
  197  district determines it is appropriate, the plan should
  198  specifically identify the need for multijurisdictional
  199  approaches to project options that, based on planning level
  200  analysis, are appropriate to supply the intended uses and that,
  201  based on such analysis, appear to be permittable and financially
  202  and technically feasible. The list of water supply development
  203  options must contain provisions that recognize that alternative
  204  water supply options for agricultural self-suppliers are
  205  limited.
  206         3. For each project option identified in subparagraph 2.,
  207  the following must shall be provided:
  208         a. An estimate of the amount of water to become available
  209  through the project.
  210         b. The timeframe in which the project option should be
  211  implemented and the estimated planning-level costs for capital
  212  investment and operating and maintaining the project.
  213         c. An analysis of funding needs and sources of possible
  214  funding options. For alternative water supply projects, the
  215  water management districts shall provide funding assistance in
  216  accordance with s. 373.707(8).
  217         d. Identification of the entity that should implement each
  218  project option and the current status of project implementation.
  219         (3) The water supply development component of a regional
  220  water supply plan which deals with or affects public utilities
  221  and public water supply for those areas served by a regional
  222  water supply authority and its member governments within the
  223  boundary of the Southwest Florida Water Management District
  224  shall be developed jointly by the authority and the district. In
  225  areas not served by regional water supply authorities, or other
  226  multijurisdictional water supply entities, and where
  227  opportunities exist to meet water supply needs more efficiently
  228  through multijurisdictional projects identified pursuant to
  229  paragraph (2)(a), water management districts are directed to
  230  assist in developing multijurisdictional approaches to water
  231  supply project development jointly with affected water
  232  utilities, special districts, self-suppliers, and local
  233  governments.
  234         Section 4. Paragraph (c) of subsection (2) of section
  235  570.076, Florida Statutes, is amended to read:
  236         570.076 Environmental Stewardship Certification Program.
  237  The department may, by rule, establish the Environmental
  238  Stewardship Certification Program consistent with this section.
  239  A rule adopted under this section must be developed in
  240  consultation with state universities, agricultural
  241  organizations, and other interested parties.
  242         (2) The department shall provide an agricultural
  243  certification under this program for implementation of one or
  244  more of the following criteria:
  245         (c) Best management practices adopted by rule pursuant to
  246  s. 403.067(7)(c) or s. 570.085(1)(b) 570.085(2).
  247         Section 5. Section 570.085, Florida Statutes, is amended to
  248  read:
  249         570.085 Department of Agriculture and Consumer Services;
  250  agricultural water conservation and agricultural water supply
  251  planning.—
  252         (1) The department shall establish an agricultural water
  253  conservation program that includes the following:
  254         (a)(1) A cost-share program, coordinated where appropriate
  255  with the United States Department of Agriculture and other
  256  federal, state, regional, and local agencies, for irrigation
  257  system retrofit and application of mobile irrigation laboratory
  258  evaluations for water conservation as provided in this section
  259  and, where applicable, for water quality improvement pursuant to
  260  s. 403.067(7)(c).
  261         (b)(2) The development and implementation of voluntary
  262  interim measures or best management practices, adopted by rule,
  263  which provide for increased efficiencies in the use and
  264  management of water for agricultural production. In the process
  265  of developing and adopting rules for interim measures or best
  266  management practices, the department shall consult with the
  267  Department of Environmental Protection and the water management
  268  districts. Such rules may also include a system to assure the
  269  implementation of the practices, including recordkeeping
  270  requirements. As new information regarding efficient
  271  agricultural water use and management becomes available, the
  272  department shall reevaluate and revise as needed, the interim
  273  measures or best management practices. The interim measures or
  274  best management practices may include irrigation retrofit,
  275  implementation of mobile irrigation laboratory evaluations and
  276  recommendations, water resource augmentation, and integrated
  277  water management systems for drought management and flood
  278  control and should, to the maximum extent practicable, be
  279  designed to qualify for regulatory incentives and other
  280  incentives, as determined by the agency having applicable
  281  statutory authority.
  282         (c)(3) Provision of assistance to the water management
  283  districts in the development and implementation of a consistent,
  284  to the extent practicable, methodology for the efficient
  285  allocation of water for agricultural irrigation.
  286         (2) The department shall establish an agricultural water
  287  supply planning program that includes the following:
  288         (a) The development of data indicative of future
  289  agricultural water supply demands which must be:
  290         1. Based on at least a 20-year planning period.
  291         2. Provided to each water management district.
  292         3. Considered by each water management district in
  293  accordance with ss. 373.036(2) and 373.709(2)(a)1.b.
  294         (b) The data on future agricultural water supply demands
  295  which are provided to each district must include, but need not
  296  be limited to:
  297         1. Applicable agricultural crop types or categories.
  298         2. Historic estimates of irrigated acreage, current
  299  estimates of irrigated acreage, and future projections of
  300  irrigated acreage for each applicable crop type or category,
  301  spatially for each county, including the historic and current
  302  methods and assumptions used to generate the spatial acreage
  303  estimates and projections.
  304         3. Crop type or category water use coefficients for a 1-in
  305  10 year drought and average year used in calculating historic
  306  and current water demands and projected future water demands,
  307  including data, methods, and assumptions used to generate the
  308  coefficients. Estimates of historic and current water demands
  309  must take into account actual metered data as available.
  310         4. An evaluation of significant uncertainties affecting
  311  agricultural production which may require a range of projections
  312  for future agricultural water supply demands.
  313         (c) In developing the data on future agricultural water
  314  supply needs described in paragraph (b), the department shall
  315  consult with the agricultural industry, the University of
  316  Florida Institute of Food and Agricultural Sciences, the
  317  Department of Environmental Protection, the water management
  318  districts, the National Agricultural Statistics Service, and the
  319  United States Geological Survey.
  320         (d) The department shall coordinate with each water
  321  management district to establish a schedule for provision of
  322  data on agricultural water supply needs in order to comply with
  323  water supply planning provisions in ss. 373.036(2) and
  324  373.709(2)(a)1.b.
  325         Section 6. This act shall take effect July 1, 2013.