House Bill hb0569

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    Florida House of Representatives - 2002                 HB 569

        By Representatives Russell, Byrd, Harrington and Machek






  1                      A bill to be entitled

  2         An act relating to water supply policy;

  3         providing legislative intent; amending s.

  4         163.3167, F.S.; requiring local governments to

  5         provide in growth management plans for

  6         long-term availability of water supplies for

  7         approved land development; amending s.

  8         163.3177, F.S.; specifying additional

  9         requirements for comprehensive plans relating

10         to water resources, water supplies, and water

11         supply plans; requiring a water-use related

12         element of future land use plans to be based on

13         data regarding the availability of sufficient

14         water supplies for present and future growth;

15         amending s. 403.064, F.S.; requiring reuse of

16         reclaimed water under certain circumstances;

17         requiring water management districts to develop

18         a water sources status public service program;

19         requiring the dissemination of public

20         information regarding the status of major water

21         sources; requiring biannual submittal of such

22         information to certain legislative committees;

23         providing an effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  It is the intent of the Legislature that

28  the water supply planning provisions of this act be

29  implemented in accordance with the process and schedule

30  contained in s. 163.3191, Florida Statutes.  Any local

31  government the jurisdiction of which is wholly or partly

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  1  within an area for which a plan has been developed pursuant to

  2  s. 373.0361, Florida Statutes, shall amend its comprehensive

  3  plan in accordance with this act during the next scheduled

  4  evaluation and appraisal process or by July 1, 2007, whichever

  5  occurs first.

  6         Section 2.  Subsection (13) is added to section

  7  163.3167, Florida Statutes, to read:

  8         163.3167  Scope of act.--

  9         (13)  Each local government shall address in its

10  comprehensive plan the availability of water supplies

11  necessary to meet the projected water use demands for the

12  established planning period, compatible with any applicable

13  plan developed pursuant to s. 373.0361.

14         Section 3.  Paragraph (a) of subsection (3), paragraph

15  (a) of subsection (4), and paragraphs (a) and (c) of

16  subsection (6) of section 163.3177, Florida Statutes, are

17  amended to read:

18         163.3177  Required and optional elements of

19  comprehensive plan; studies and surveys.--

20         (3)(a)  The comprehensive plan shall contain a capital

21  improvements element designed to consider the need for and the

22  location of public facilities in order to encourage the

23  efficient utilization of such facilities and set forth:

24         1.  A component which outlines principles for

25  construction, extension, or increase in capacity of public

26  facilities, including potable water facilities compatible with

27  the applicable regional water supply plan developed pursuant

28  to s. 373.0361, as well as a component which outlines

29  principles for correcting existing public facility

30  deficiencies, which are necessary to implement the

31

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  1  comprehensive plan.  The components shall cover at least a

  2  5-year period.

  3         2.  Estimated public facility costs, including a

  4  delineation of when facilities will be needed, the general

  5  location of the facilities, and projected revenue sources to

  6  fund the facilities.

  7         3.  Standards to ensure the availability of public

  8  facilities and the adequacy of those facilities including

  9  acceptable levels of service.

10         4.  Standards for the management of debt.

11         (4)(a)  Coordination of the local comprehensive plan

12  with the comprehensive plans of adjacent municipalities, the

13  county, adjacent counties, or the region; with any applicable

14  plan developed pursuant to s. 373.0361; with adopted rules

15  pertaining to designated areas of critical state concern; and

16  with the state comprehensive plan shall be a major objective

17  of the local comprehensive planning process.  To that end, in

18  the preparation of a comprehensive plan or element thereof,

19  and in the comprehensive plan or element as adopted, the

20  governing body shall include a specific policy statement

21  indicating the relationship of the proposed development of the

22  area to the comprehensive plans of adjacent municipalities,

23  the county, adjacent counties, or the region and to the state

24  comprehensive plan, as the case may require and as such

25  adopted plans or plans in preparation may exist.

26         (6)  In addition to the requirements of subsections

27  (1)-(5), the comprehensive plan shall include the following

28  elements:

29         (a)  A future land use plan element designating

30  proposed future general distribution, location, and extent of

31  the uses of land for residential uses, commercial uses,

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  1  industry, agriculture, recreation, conservation, education,

  2  public buildings and grounds, other public facilities, and

  3  other categories of the public and private uses of land.  The

  4  future land use plan shall include standards to be followed in

  5  the control and distribution of population densities and

  6  building and structure intensities.  The proposed

  7  distribution, location, and extent of the various categories

  8  of land use shall be shown on a land use map or map series

  9  which shall be supplemented by goals, policies, and measurable

10  objectives.  Each land use category shall be defined in terms

11  of the types of uses included and specific standards for the

12  density or intensity of use.  The future land use plan shall

13  be based upon surveys, studies, and data regarding the area,

14  including the amount of land required to accommodate

15  anticipated growth; the projected population of the area; the

16  character of undeveloped land; the availability of ground and

17  surface water resources for present and future water supplies

18  and the potential for development of alternative water

19  supplies; the availability of public services; the need for

20  redevelopment, including the renewal of blighted areas and the

21  elimination of nonconforming uses which are inconsistent with

22  the character of the community; and, in rural communities, the

23  need for job creation, capital investment, and economic

24  development that will strengthen and diversify the community's

25  economy. The future land use plan may designate areas for

26  future planned development use involving combinations of types

27  of uses for which special regulations may be necessary to

28  ensure development in accord with the principles and standards

29  of the comprehensive plan and this act. In addition, for rural

30  communities, the amount of land designated for future planned

31  industrial use shall be based upon surveys and studies that

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  1  reflect the need for job creation, capital investment, and the

  2  necessity to strengthen and diversify the local economies, and

  3  shall not be limited solely by the projected population of the

  4  rural community. The future land use plan of a county may also

  5  designate areas for possible future municipal incorporation.

  6  The land use maps or map series shall generally identify and

  7  depict historic district boundaries and shall designate

  8  historically significant properties meriting protection.  The

  9  future land use element must clearly identify the land use

10  categories in which public schools are an allowable use.  When

11  delineating the land use categories in which public schools

12  are an allowable use, a local government shall include in the

13  categories sufficient land proximate to residential

14  development to meet the projected needs for schools in

15  coordination with public school boards and may establish

16  differing criteria for schools of different type or size.

17  Each local government shall include lands contiguous to

18  existing school sites, to the maximum extent possible, within

19  the land use categories in which public schools are an

20  allowable use. All comprehensive plans must comply with the

21  school siting requirements of this paragraph no later than

22  October 1, 1999. The failure by a local government to comply

23  with these school siting requirements by October 1, 1999, will

24  result in the prohibition of the local government's ability to

25  amend the local comprehensive plan, except for plan amendments

26  described in s. 163.3187(1)(b), until the school siting

27  requirements are met. An amendment proposed by a local

28  government for purposes of identifying the land use categories

29  in which public schools are an allowable use is exempt from

30  the limitation on the frequency of plan amendments contained

31  in s. 163.3187. The future land use element shall include

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  1  criteria which encourage the location of schools proximate to

  2  urban residential areas to the extent possible and shall

  3  require that the local government seek to collocate public

  4  facilities, such as parks, libraries, and community centers,

  5  with schools to the extent possible. For schools serving

  6  predominantly rural counties, defined as a county with a

  7  population of 100,000 or fewer, an agricultural land use

  8  category shall be eligible for the location of public school

  9  facilities if the local comprehensive plan contains school

10  siting criteria and the location is consistent with such

11  criteria.

12         (c)  A general sanitary sewer, solid waste, drainage,

13  potable water, and natural groundwater aquifer recharge

14  element correlated to principles and guidelines for future

15  land use, indicating ways to provide for future potable water,

16  drainage, sanitary sewer, solid waste, and aquifer recharge

17  protection requirements for the area.  The element may be a

18  detailed engineering plan including a topographic map

19  depicting areas of prime groundwater recharge. The element

20  shall describe the problems and needs and the general

21  facilities that will be required for solution of the problems

22  and needs.  The element shall also include a topographic map

23  depicting any areas adopted by a regional water management

24  district as prime groundwater recharge areas for the Floridan

25  or Biscayne aquifers, pursuant to s. 373.0395.  These areas

26  shall be given special consideration when the local government

27  is engaged in zoning or considering future land use for said

28  designated areas.  For areas served by septic tanks, soil

29  surveys shall be provided which indicate the suitability of

30  soils for septic tanks. The element shall also include data

31  and analyses, based upon the appropriate plan developed

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  1  pursuant to s. 373.0361, that evaluate the availability of

  2  potable water compared to population growth projected by the

  3  future land use plan.

  4         Section 4.  Section 403.064, Florida Statutes, is

  5  amended to read:

  6         403.064  Reuse of reclaimed water.--

  7         (1)  The encouragement and promotion of water

  8  conservation, and reuse of reclaimed water, as defined by the

  9  department, are state objectives and are considered to be in

10  the public interest. The Legislature finds that the reuse of

11  reclaimed water is a critical component of meeting the state's

12  existing and future water supply needs while sustaining

13  natural systems. The Legislature further finds that for those

14  wastewater treatment plants permitted and operated under an

15  approved reuse program by the department, the reclaimed water

16  shall be considered environmentally acceptable and not a

17  threat to public health and safety.

18         (2)  All applicants for permits to construct or operate

19  a domestic wastewater treatment facility located within,

20  serving a population located within, or discharging within a

21  water resource caution area shall prepare a reuse feasibility

22  study as part of their application for the permit. Reuse

23  feasibility studies shall be prepared in accordance with

24  department guidelines adopted by rule and shall include, but

25  are not limited to:

26         (a)  Evaluation of monetary costs and benefits for

27  several levels and types of reuse.

28         (b)  Evaluation of water savings if reuse is

29  implemented.

30         (c)  Evaluation of rates and fees necessary to

31  implement reuse.

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  1         (d)  Evaluation of environmental and water resource

  2  benefits associated with reuse.

  3         (e)  Evaluation of economic, environmental, and

  4  technical constraints.

  5         (f)  A schedule for implementation of reuse. The

  6  schedule shall consider phased implementation.

  7         (3)  The permit applicant shall prepare a plan of study

  8  for the reuse feasibility study consistent with the reuse

  9  feasibility study guidelines adopted by department rule. The

10  plan of study shall include detailed descriptions of

11  applicable treatment and water supply alternatives to be

12  evaluated and the methods of analysis to be used. The plan of

13  study shall be submitted to the department for review and

14  approval.

15         (4)(3)  The study required under subsection (2) shall

16  be performed by the applicant, and the applicant shall

17  determine the applicant's determination of feasibility of

18  reuse based upon the results of the study is final if the

19  study complies with the requirements of subsections subsection

20  (2) and (3).

21         (5)(4)  A reuse feasibility study is not required if:

22         (a)  The domestic wastewater treatment facility has an

23  existing or proposed permitted or design capacity less than

24  0.1 million gallons per day; or

25         (b)  The permitted reuse capacity equals or exceeds the

26  total permitted capacity of the domestic wastewater treatment

27  facility.

28         (6)(5)  A reuse feasibility study prepared under

29  subsection (2) satisfies a water management district

30  requirement to conduct a reuse feasibility study imposed on a

31

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  1  local government or utility that has responsibility for

  2  wastewater management.

  3         (7)(6)  Local governments may allow the use of

  4  reclaimed water for inside activities, including, but not

  5  limited to, toilet flushing, fire protection, and decorative

  6  water features, as well as for outdoor uses, provided the

  7  reclaimed water is from domestic wastewater treatment

  8  facilities which are permitted, constructed, and operated in

  9  accordance with department rules.

10         (8)(7)  Permits issued by the department for domestic

11  wastewater treatment facilities shall be consistent with

12  requirements for reuse included in applicable consumptive use

13  permits issued by the water management district, if such

14  requirements are consistent with department rules governing

15  reuse of reclaimed water. This subsection applies only to

16  domestic wastewater treatment facilities which are located

17  within, or serve a population located within, or discharge

18  within water resource caution areas and are owned, operated,

19  or controlled by a local government or utility which has

20  responsibility for water supply and wastewater management.

21         (9)(8)  Local governments may and are encouraged to

22  implement programs for the reuse of reclaimed water. Nothing

23  in this chapter shall be construed to prohibit or preempt such

24  local reuse programs.

25         (10)(9)  A local government that implements a reuse

26  program under this section shall be allowed to allocate the

27  costs in a reasonable manner.

28         (11)(10)  Pursuant to chapter 367, the Florida Public

29  Service Commission shall allow entities under its jurisdiction

30  which conduct studies or implement reuse projects, including,

31  but not limited to, any study required by subsection (2) or

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  1  facilities used for reliability purposes for a reclaimed water

  2  reuse system, to recover the full, prudently incurred cost of

  3  such studies and facilities through their rate structure.

  4         (12)(11)  In issuing consumptive use permits, the

  5  permitting agency shall consider the local reuse program.

  6         (13)(12)  A local government shall require a developer,

  7  as a condition for obtaining a development order, to comply

  8  with the local reuse program.

  9         (14)(13)  If, After conducting a feasibility study

10  under subsection (2), an applicant determines that reuse of

11  reclaimed water is feasible, domestic wastewater treatment

12  facilities that dispose of effluent by Class I deep well

13  injection, as defined in 40 C.F.R. part 144.6(a), must

14  implement reuse according to the schedule for implementation

15  contained in the study conducted under subsection (2), to the

16  degree that reuse is determined feasible, based upon the

17  applicant's reuse feasibility study. Applicable permits issued

18  by the department shall be consistent with the requirements of

19  this subsection.

20         (a)  This subsection does not limit the use of a Class

21  I deep well injection facility as backup for a reclaimed water

22  reuse system.

23         (b)  This subsection applies only to domestic

24  wastewater treatment facilities located within, serving a

25  population located within, or discharging within a water

26  resource caution area.

27         (15)(14)  If, After conducting a feasibility study

28  under subsection (2), an applicant determines that reuse of

29  reclaimed water is feasible, domestic wastewater treatment

30  facilities that dispose of effluent by surface water

31  discharges or by land application methods must implement reuse

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  1  according to the schedule for implementation contained in the

  2  study conducted under subsection (2), to the degree that reuse

  3  is determined feasible, based upon the applicant's reuse

  4  feasibility study. This subsection does not apply to surface

  5  water discharges or land application systems which are

  6  currently categorized as reuse under department rules.

  7  Applicable permits issued by the department shall be

  8  consistent with the requirements of this subsection.

  9         (a)  This subsection does not limit the use of a

10  surface water discharge or land application facility as backup

11  for a reclaimed water reuse system.

12         (b)  This subsection applies only to domestic

13  wastewater treatment facilities located within, serving a

14  population located within, or discharging within a water

15  resource caution area.

16         Section 5.  In order to aid in the development of a

17  better understanding of the unique surface and groundwater

18  sources of this state, the water management districts shall

19  undertake a coordinated effort to develop an illustrative

20  public service program that depicts the current status of

21  major surface and groundwater sources in this state. The

22  program shall be designed to provide information that shows

23  the water levels of aquifers and water bodies that are

24  critical to water supplies within each water management

25  district. The districts shall develop partnerships with the

26  local media to assist in the dissemination of this

27  information. The program shall be developed and made available

28  no later than December 31, 2002. Beginning January 1, 2003,

29  and every 6 months thereafter, the information developed

30  pursuant to this section shall be submitted to the appropriate

31

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  1  legislative committees with substantive jurisdiction over the

  2  water management districts.

  3         Section 6.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Requires local governments to provide in their growth
  9    management plans for the long-term availability of water
      supplies for approved land development. Specifies
10    additional requirements for comprehensive plans relating
      to water resources, water supplies, and water supply
11    plans. Requires the sewer, solid waste, drainage, water,
      and aquifer recharge element of future land use plans to
12    be based on data regarding the availability of sufficient
      water supplies for present and future growth. Requires
13    reuse of reclaimed water when feasible. Requires water
      management districts to develop a water sources status
14    public service program, disseminate public information
      regarding the status of major water sources, and
15    biannually submit such information to certain appropriate
      committees.
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