Florida Senate - 2013                              CS for SB 948
       By the Committee on Agriculture; and Senator Grimsley
       575-03309-13                                           2013948c1
    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 rapidly urbanizing areas in a manner that will supply
   53  adequate and dependable supplies of water where needed without
   54  resulting in adverse effects upon the areas from which such
   55  water is withdrawn. Such efforts should employ use all practical
   56  means of obtaining water, including, but not limited to,
   57  withdrawals of surface water and groundwater, reuse, and
   58  desalination, and will require necessitate not only cooperation
   59  and but also well-coordinated activities. Municipalities,
   60  counties, and special districts are encouraged to create
   61  multijurisdictional water supply entities or regional water
   62  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, provided
   96  that such contracts are consistent with the public interest. The
   97  contract may provide for contributions to be made by each party
   98  to the contract thereto, for the division and apportionment of
   99  the expenses of acquisitions, construction, operation, and
  100  maintenance, and for the division and apportionment of resulting
  101  the benefits, services, and products therefrom. The contracts
  102  may contain other covenants and agreements necessary and
  103  appropriate to accomplish their purposes.
  104         Section 3. Subsection (1), paragraph (a) of subsection (2),
  105  and subsection (3) of section 373.709, Florida Statutes, is
  106  amended to read:
  107         373.709 Regional water supply planning.—
  108         (1) The governing board of each water management district
  109  shall conduct water supply planning for a any water supply
  110  planning region within the district identified in the
  111  appropriate district water supply plan under s. 373.036, where
  112  it determines that existing sources of water are not adequate to
  113  supply water for all existing and future reasonable-beneficial
  114  uses and to sustain the water resources and related natural
  115  systems for the planning period. The planning must be conducted
  116  in an open public process, in coordination and cooperation with
  117  local governments, regional water supply authorities,
  118  government-owned and privately owned water and wastewater
  119  utilities, multijurisdictional water supply entities, self
  120  suppliers, reuse utilities, the Department of Environmental
  121  Protection, the Department of Agriculture and Consumer Services,
  122  and other affected and interested parties. The districts shall
  123  actively engage in public education and outreach to all affected
  124  local entities and their officials, as well as members of the
  125  public, in the planning process and in seeking input. During
  126  preparation, but before prior to completion of the regional
  127  water supply plan, the district shall must conduct at least one
  128  public workshop to discuss the technical data and modeling tools
  129  anticipated to be used to support the regional water supply
  130  plan. The district shall also hold several public meetings to
  131  communicate the status, overall conceptual intent, and impacts
  132  of the plan on existing and future reasonable-beneficial uses
  133  and related natural systems. During the planning process, a
  134  local government may choose to prepare its own water supply
  135  assessment to determine if existing water sources are adequate
  136  to meet existing and projected reasonable-beneficial needs of
  137  the local government while sustaining water resources and
  138  related natural systems. The local government shall submit such
  139  assessment, including the data and methodology used, to the
  140  district. The district shall consider the local government’s
  141  assessment during the formation of the plan. A determination by
  142  the governing board that initiation of a regional water supply
  143  plan for a specific planning region is not needed pursuant to
  144  this section is shall be subject to s. 120.569. The governing
  145  board shall reevaluate the such a determination at least once
  146  every 5 years and shall initiate a regional water supply plan,
  147  if needed, pursuant to this subsection.
  148         (2) Each regional water supply plan must shall be based on
  149  at least a 20-year planning period and must shall include, but
  150  need not be limited to:
  151         (a) A water supply development component for each water
  152  supply planning region identified by the district which
  153  includes:
  154         1. A quantification of the water supply needs for all
  155  existing and future reasonable-beneficial uses within the
  156  planning horizon. The level-of-certainty planning goal
  157  associated with identifying the water supply needs of existing
  158  and future reasonable-beneficial uses must shall be based upon
  159  meeting those needs for a 1-in-10-year drought event.
  160         a. Population projections used for determining public water
  161  supply needs must be based upon the best available data. In
  162  determining the best available data, the district shall consider
  163  the University of Florida’s Bureau of Economic and Business
  164  Research (BEBR) medium population projections and any population
  165  projection data and analysis submitted by a local government
  166  pursuant to the public workshop described in subsection (1) if
  167  the data and analysis support the local government’s
  168  comprehensive plan. Any adjustment of or deviation from the BEBR
  169  projections must be fully described, and the original BEBR data
  170  must be presented along with the adjusted data.
  171         b. Agricultural demand projections used for determining the
  172  needs of agricultural self-suppliers must be based upon the best
  173  available data. In determining the best available data for
  174  agricultural self-supplied water needs, the district shall
  175  consider the data indicative of future water supply demands
  176  provided by the Department of Agriculture and Consumer Services
  177  pursuant to s. 570.085 and agricultural demand projection data
  178  and analysis submitted by a local government pursuant to the
  179  public workshop described in subsection (1), if the data and
  180  analysis support the local government’s comprehensive plan. Any
  181  adjustment of or deviation from the data provided by the
  182  Department of Agriculture and Consumer Services must be fully
  183  described, and the original data must be presented along with
  184  the adjusted data.
  185         2. A list of water supply development project options,
  186  including traditional and alternative water supply project
  187  options, from which local government, government-owned and
  188  privately owned utilities, regional water supply authorities,
  189  multijurisdictional water supply entities, self-suppliers, and
  190  others may choose for water supply development. In addition to
  191  projects listed by the district, such users may propose specific
  192  projects for inclusion in the list of alternative water supply
  193  projects. If such users propose a project to be listed as an
  194  alternative water supply project, the district shall determine
  195  whether it meets the goals of the plan, and, if so, it shall be
  196  included in the list. The total capacity of the projects
  197  included in the plan must shall exceed the needs identified in
  198  subparagraph 1. and shall take into account water conservation
  199  and other demand management measures, as well as water resources
  200  constraints, including adopted minimum flows and levels and
  201  water reservations. Where the district determines it is
  202  appropriate, the plan should specifically identify the need for
  203  multijurisdictional approaches to project options that, based on
  204  planning level analysis, are appropriate to supply the intended
  205  uses and that, based on such analysis, appear to be permittable
  206  and financially and technically feasible. The list of water
  207  supply development options must contain provisions that
  208  recognize that alternative water supply options for agricultural
  209  self-suppliers are limited.
  210         3. For each project option identified in subparagraph 2.,
  211  the following must shall be provided:
  212         a. An estimate of the amount of water to become available
  213  through the project.
  214         b. The timeframe in which the project option should be
  215  implemented and the estimated planning-level costs for capital
  216  investment and operating and maintaining the project.
  217         c. An analysis of funding needs and sources of possible
  218  funding options. For alternative water supply projects, the
  219  water management districts shall provide funding assistance in
  220  accordance with s. 373.707(8).
  221         d. Identification of the entity that should implement each
  222  project option and the current status of project implementation.
  223         (3) The water supply development component of a regional
  224  water supply plan which deals with or affects public utilities
  225  and public water supply for those areas served by a regional
  226  water supply authority and its member governments within the
  227  boundary of the Southwest Florida Water Management District
  228  shall be developed jointly by the authority and the district. In
  229  areas not served by regional water supply authorities, or other
  230  multijurisdictional water supply entities, and where
  231  opportunities exist to meet water supply needs more efficiently
  232  through multijurisdictional projects identified pursuant to
  233  paragraph (2)(a), water management districts are directed to
  234  assist in developing multijurisdictional approaches to water
  235  supply project development jointly with affected water
  236  utilities, special districts, self-suppliers, and local
  237  governments.
  238         Section 4. Paragraph (c) of subsection (2) of section
  239  570.076, Florida Statutes, is amended to read:
  240         570.076 Environmental Stewardship Certification Program.
  241  The department may, by rule, establish the Environmental
  242  Stewardship Certification Program consistent with this section.
  243  A rule adopted under this section must be developed in
  244  consultation with state universities, agricultural
  245  organizations, and other interested parties.
  246         (2) The department shall provide an agricultural
  247  certification under this program for implementation of one or
  248  more of the following criteria:
  249         (c) Best management practices adopted by rule pursuant to
  250  s. 403.067(7)(c) or s. 570.085(1)(b) 570.085(2).
  251         Section 5. Section 570.085, Florida Statutes, is amended to
  252  read:
  253         570.085 Department of Agriculture and Consumer Services;
  254  agricultural water conservation and agricultural water supply
  255  planning.—
  256         (1) The department shall establish an agricultural water
  257  conservation program that includes the following:
  258         (a)(1) A cost-share program, coordinated where appropriate
  259  with the United States Department of Agriculture and other
  260  federal, state, regional, and local agencies, for irrigation
  261  system retrofit and application of mobile irrigation laboratory
  262  evaluations for water conservation as provided in this section
  263  and, where applicable, for water quality improvement pursuant to
  264  s. 403.067(7)(c).
  265         (b)(2) The development and implementation of voluntary
  266  interim measures or best management practices, adopted by rule,
  267  which provide for increased efficiencies in the use and
  268  management of water for agricultural production. In the process
  269  of developing and adopting rules for interim measures or best
  270  management practices, the department shall consult with the
  271  Department of Environmental Protection and the water management
  272  districts. Such rules may also include a system to assure the
  273  implementation of the practices, including recordkeeping
  274  requirements. As new information regarding efficient
  275  agricultural water use and management becomes available, the
  276  department shall reevaluate and revise as needed, the interim
  277  measures or best management practices. The interim measures or
  278  best management practices may include irrigation retrofit,
  279  implementation of mobile irrigation laboratory evaluations and
  280  recommendations, water resource augmentation, and integrated
  281  water management systems for drought management and flood
  282  control and should, to the maximum extent practicable, be
  283  designed to qualify for regulatory incentives and other
  284  incentives, as determined by the agency having applicable
  285  statutory authority.
  286         (c)(3) Provision of assistance to the water management
  287  districts in the development and implementation of a consistent,
  288  to the extent practicable, methodology for the efficient
  289  allocation of water for agricultural irrigation.
  290         (2) The department shall establish an agricultural water
  291  supply planning program that includes the following:
  292         (a) The development of data indicative of future
  293  agricultural water supply demands which must be:
  294         1. Based on at least a 20-year planning period.
  295         2. Provided to each water management district.
  296         3. Considered by each water management district in
  297  accordance with ss. 373.036(2) and 373.709(2)(a)1.b.
  298         (b) The data on future agricultural water supply demands
  299  which are provided to each district must include, but need not
  300  be limited to:
  301         1. Applicable agricultural crop types or categories.
  302         2. Historic estimates of irrigated acreage, current
  303  estimates of irrigated acreage, and future projections of
  304  irrigated acreage for each applicable crop type or category,
  305  spatially for each county, including the historic and current
  306  methods and assumptions used to generate the spatial acreage
  307  estimates and projections.
  308         3. Crop type or category water use coefficients for a 1-in
  309  10 year drought and average year used in calculating historic
  310  and current water demands and projected future water demands,
  311  including data, methods, and assumptions used to generate the
  312  coefficients. Estimates of historic and current water demands
  313  must take into account actual metered data as available.
  314  Projected future water demands must incorporate appropriate
  315  potential water conservation factors based upon data collected
  316  as part of the department’s agricultural water conservation
  317  program pursuant to subsection (1).
  318         4. An evaluation of significant uncertainties affecting
  319  agricultural production which may require a range of projections
  320  for future agricultural water supply demands.
  321         (c) In developing the data on future agricultural water
  322  supply needs described in paragraph (b), the department shall
  323  consult with the agricultural industry, the University of
  324  Florida Institute of Food and Agricultural Sciences, the
  325  Department of Environmental Protection, the water management
  326  districts, the National Agricultural Statistics Service, and the
  327  United States Geological Survey.
  328         (d) The department shall coordinate with each water
  329  management district to establish a schedule for provision of
  330  data on agricultural water supply needs in order to comply with
  331  water supply planning provisions in ss. 373.036(2) and
  332  373.709(2)(a)1.b.
  333         Section 6. This act shall take effect July 1, 2013.