House Bill hb1299
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Florida House of Representatives - 2002 HB 1299
By Representative Machek
1 A bill to be entitled
2 An act relating to water supplies; amending s.
3 259.03, F.S.; revising definition of "water
4 resource development project" in provisions
5 relating to conservation and recreation lands,
6 to provide funding for facilities that treat,
7 store, transport, or distribute reclaimed water
8 or stormwater for reuse; amending s. 373.621,
9 F.S.; encouraging the Department of
10 Environmental Protection and water management
11 districts to issue longer-duration consumptive
12 use permits for applicants implementing water
13 conservation measures; amending s. 378.207,
14 F.S.; providing land reclamation criteria for
15 areas designated as water resource caution
16 areas; amending s. 403.1835, F.S.; providing
17 for low-interest loans to provide certain water
18 pollution control financial assistance;
19 providing legislative intent that water
20 management districts develop a water resources
21 information program by a specified date;
22 providing for submittal of information to
23 certain legislative committees; providing for a
24 study to identify incentives for use of
25 reclaimed water to augment certain water
26 supplies; requiring the department to issue
27 study reports; providing for the assistance of
28 a technical advisory committee; providing
29 permitting considerations a water management
30 district must grant to water supply project
31 applicants when the project is consistent with
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Florida House of Representatives - 2002 HB 1299
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1 the applicable regional water supply plan;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsection (6) of section 259.03, Florida
7 Statutes, is amended to read:
8 259.03 Definitions.--The following terms and phrases
9 when used in this chapter shall have the meanings ascribed to
10 them in this section, except where the context clearly
11 indicates a different meaning:
12 (6) "Water resource development project" means a
13 project eligible for funding pursuant to s. 259.105 that
14 increases the amount of water available to meet the needs of
15 natural systems and the citizens of the state by enhancing or
16 restoring aquifer recharge, facilitating the capture and
17 storage of excess flows in surface waters, or promoting reuse.
18 The implementation of eligible projects under s. 259.105
19 includes land acquisition, land and water body restoration,
20 aquifer storage and recovery facilities, surface water
21 reservoirs, and other capital improvements. The term does not
22 include construction of treatment, transmission, or
23 distribution facilities, with the exception of facilities
24 which treat, store, transport, or distribute reclaimed water
25 or stormwater for reuse.
26 Section 2. Section 373.621, Florida Statutes, is
27 amended to read:
28 373.621 Water conservation.--The Legislature
29 recognizes the significant value of water conservation in the
30 protection and efficient use of water resources. Accordingly,
31 consideration in the administration of ss. 373.223, 373.233,
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Florida House of Representatives - 2002 HB 1299
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1 and 373.236 shall be given to applicants who implement water
2 conservation practices pursuant to s. 570.085 or other
3 applicable water conservation measures as determined by the
4 department or a water management district. The department or a
5 water management district shall consider issuing and is
6 encouraged to issue a permit for a longer duration pursuant to
7 s. 373.236 for permit applicants under part II who propose
8 implementing water conservation measures that conserve more
9 water than the average or typical measures employed by the
10 industry or type of water use or that result in more efficient
11 water use than is typical or average for the industry or type
12 of water use.
13 Section 3. Subsection (1) of section 378.207, Florida
14 Statutes, is amended to read:
15 378.207 Reclamation criteria and standards.--
16 (1) The department, by rule, shall adopt statewide
17 criteria and standards for reclamation. Such rules shall
18 recognize that surface mining takes place in diverse areas
19 where the geologic, topographic, and edaphic conditions are
20 different, and that reclamation operations and the
21 specifications therefor may vary accordingly. The rules,
22 recognizing technological limitations and economic
23 considerations, shall require the return of the natural
24 function of wetlands or a particular habitat or condition to
25 that in existence prior to mining. However, in areas
26 designated as water resource caution areas, the reclamation
27 shall be acceptable if it promotes water resource development
28 consistent with the regional water supply plan approved
29 pursuant to s. 373.0361 and shall be deemed to satisfy the
30 public interest criteria in s. 373.414(1).
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Florida House of Representatives - 2002 HB 1299
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1 Section 4. Paragraph (b) of subsection (3) of section
2 403.1835, Florida Statutes, is amended to read:
3 403.1835 Water pollution control financial
4 assistance.--
5 (3) The department may provide financial assistance
6 through any program authorized under s. 603 of the Federal
7 Water Pollution Control Act (Clean Water Act), Pub. L. No.
8 92-500, as amended, including, but not limited to, making
9 grants and loans, providing loan guarantees, purchasing loan
10 insurance or other credit enhancements, and buying or
11 refinancing local debt. This financial assistance must be
12 administered in accordance with this section and applicable
13 federal authorities. The department shall administer all
14 programs operated from funds secured through the activities of
15 the Florida Water Pollution Control Financing Corporation
16 under s. 403.1837, to fulfill the purposes of this section.
17 (b) The department may make or request the corporation
18 to make loans, grants, and deposits to other entities eligible
19 to participate in the financial assistance programs authorized
20 under the Federal Water Pollution Control Act, or as a result
21 of other federal action, which entities may pledge any revenue
22 available to them to repay any funds borrowed. Notwithstanding
23 s. 18.10, the department may make deposits to financial
24 institutions that earn less than the prevailing rate for
25 United States Treasury securities with corresponding
26 maturities for the purpose of enabling such financial
27 institutions to make below-market interest rate loans to
28 entities qualified to receive loans under this section and the
29 rules of the department.
30 Section 5. To aid in the development of a better
31 understanding of Florida's unique surface and groundwater
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1 sources, it is the intent of the Legislature that the water
2 management districts undertake a coordinated effort to develop
3 an illustrative public service program that depicts the
4 current status of major surface and groundwater sources. This
5 program shall be designed to provide information that shows
6 the water levels of aquifers and water bodies that are
7 critical to water supplies within each water management
8 district. It is the intent of the Legislature that the
9 districts develop partnerships with the local media to assist
10 in the dissemination of this information. Further, it is the
11 intent of the Legislature that this program be developed and
12 made available no later than December 31, 2002. Beginning
13 January 1, 2003, and every 6 months thereafter, the
14 information developed pursuant to this section shall be
15 submitted to the appropriate legislative committees with
16 substantive jurisdiction over the water management districts.
17 Section 6. The Legislature finds that within the area
18 identified in the Lower East Coast Regional Water Supply Plan
19 approved by the South Florida Water Management District
20 pursuant to s. 373.0361, Florida Statutes, the groundwater
21 levels can benefit from augmentation. The Legislature finds
22 that the discharge of reclaimed water into canals for
23 transport and subsequent reuse can provide a portion of this
24 beneficial augmentation and also provide water for
25 reasonable-beneficial uses. To implement these findings, the
26 Department of Environmental Protection, in consultation with
27 the South Florida Water Management District, shall conduct a
28 study to identify regulatory, technical, and financial
29 incentives that can be provided to encourage the discharge of
30 reclaimed wastewater to canals for conveyance and reuse in
31 this area. The department shall issue a preliminary written
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1 report containing draft findings and recommendations for
2 public comment by November 1, 2002. The department shall
3 provide a written report on the results of its study to the
4 Governor and the substantive committees of the House of
5 Representatives and the Senate by January 31, 2003. The
6 report shall clearly identify regulatory, technical, or
7 financial incentives that can be provided to encourage the
8 discharge of reclaimed wastewater to canals for conveyance and
9 reuse within the area identified in the Lower East Coast
10 Regional Water Supply Plan. These incentives must be
11 consistent with the Comprehensive Everglades Restoration Plan
12 under s. 373.470, Florida Statutes. The department shall
13 convene a technical advisory committee to assist in conducting
14 the study and preparing the report. The technical advisory
15 committee shall include one representative each from the
16 potable water utility industry, the domestic wastewater
17 treatment industry, the engineering profession, and business
18 and environmental organizations. The technical advisory
19 committee shall also include two members of local government,
20 one of whom shall be from a county or municipality and the
21 other from a government with principal responsibility for the
22 operation and maintenance of a water control system capable of
23 conveying reclaimed wastewater for reuse. Members of the
24 technical advisory committee shall serve without compensation.
25 The existence and legislative findings of this section shall
26 not be used in evaluating reuse feasibility studies submitted
27 pursuant to s. 403.064, Florida Statutes, or to determine if
28 the reuse of reclaimed wastewater is feasible when evaluating
29 applications for permits pursuant to part II of chapter 373,
30 Florida Statutes.
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Florida House of Representatives - 2002 HB 1299
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1 Section 7. If a proposed water supply project is
2 consistent with the applicable adopted regional water supply
3 plan, then the water management district must grant the
4 applicant at least one of the following:
5 (1) A consumptive use permit with at least a 10-year
6 duration.
7 (2) An expedited permitting process for both the
8 initial review and any subsequent renewals.
9 (3) Financial assistance with the implementation of
10 the proposed project.
11 Section 8. This act shall take effect upon becoming a
12 law.
13
14 *****************************************
15 HOUSE SUMMARY
16
Revises the definition of "water resource development
17 project" in provisions relating to conservation and
recreation lands, to provide funding for facilities that
18 treat, store, transport, or distribute reclaimed water or
stormwater for reuse. Encourages the Department of
19 Environmental Protection and water management districts
to issue longer-duration consumptive use permits for
20 applicants implementing water conservation measures.
Provides land reclamation criteria for areas designated
21 as water resource caution areas. Provides for
low-interest loans to provide certain water pollution
22 control financial assistance. Provides legislative intent
that water management districts develop a water resources
23 information program by December 31, 2002, and provides
for submittal of information to legislative committees.
24 Provides for a study to identify incentives for use of
reclaimed water to augment certain water supplies.
25 Requires the department to issue study reports and
provides for the assistance of a technical advisory
26 committee. Provides permitting considerations a water
management district must grant to water supply project
27 applicants when the project is consistent with the
applicable regional water supply plan.
28
29
30
31
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