House Bill hb0569e2
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CS/HB 569, Second Engrossed
1 A bill to be entitled
2 An act relating to water supply policy;
3 amending s. 163.3177, F.S.; specifying
4 additional requirements for comprehensive plans
5 relating to water resources, water supplies,
6 and water supply plans; requiring a
7 water-use-related element of future land use
8 plans to be based on data regarding the
9 availability of sufficient water supplies for
10 present and future growth; amending s.
11 163.3191, F.S.; requiring the evaluation and
12 appraisal report for building water supply
13 facilities to include a work plan; amending s.
14 367.022, F.S.; exempting the use of nonpotable
15 water for fireflow purposes from regulation as
16 a utility; amending s. 403.064, F.S.; providing
17 legislative intent regarding reuse of reclaimed
18 water; revising requirements for feasibility
19 study and implementation by permit applicants;
20 providing an exemption from feasibility study
21 requirements for applicants located in Monroe
22 County; amending s. 403.1835, F.S.; providing
23 for low-interest loans to provide certain water
24 pollution control financial assistance;
25 requiring water management districts to develop
26 and distribute certain water sources and
27 conservation information; repealing s.
28 403.804(3), F.S., relating to Environmental
29 Regulation Commission approval of grants for
30 construction of wastewater or water treatment
31 works; providing an effective date.
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CS/HB 569, Second Engrossed
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Paragraph (a) of subsection (3), paragraph
4 (a) of subsection (4), and paragraphs (c), (d), and (h) of
5 subsection (6) of section 163.3177, Florida Statutes, are
6 amended to read:
7 163.3177 Required and optional elements of
8 comprehensive plan; studies and surveys.--
9 (3)(a) The comprehensive plan shall contain a capital
10 improvements element designed to consider the need for and the
11 location of public facilities in order to encourage the
12 efficient utilization of such facilities and set forth:
13 1. A component which outlines principles for
14 construction, extension, or increase in capacity of public
15 facilities, including potable water facilities compatible with
16 the applicable regional water supply plan developed pursuant
17 to s. 373.0361, as well as a component which outlines
18 principles for correcting existing public facility
19 deficiencies, which are necessary to implement the
20 comprehensive plan. The components shall cover at least a
21 5-year period.
22 2. Estimated public facility costs, including a
23 delineation of when facilities will be needed, the general
24 location of the facilities, and projected revenue sources to
25 fund the facilities.
26 3. Standards to ensure the availability of public
27 facilities and the adequacy of those facilities including
28 acceptable levels of service.
29 4. Standards for the management of debt.
30 (4)(a) Coordination of the local comprehensive plan
31 with the comprehensive plans of adjacent municipalities, the
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CS/HB 569, Second Engrossed
1 county, adjacent counties, or the region; with the appropriate
2 water management district's regional water supply plans
3 approved pursuant to s. 373.0361; with adopted rules
4 pertaining to designated areas of critical state concern; and
5 with the state comprehensive plan shall be a major objective
6 of the local comprehensive planning process. To that end, in
7 the preparation of a comprehensive plan or element thereof,
8 and in the comprehensive plan or element as adopted, the
9 governing body shall include a specific policy statement
10 indicating the relationship of the proposed development of the
11 area to the comprehensive plans of adjacent municipalities,
12 the county, adjacent counties, or the region and to the state
13 comprehensive plan, as the case may require and as such
14 adopted plans or plans in preparation may exist.
15 (6) In addition to the requirements of subsections
16 (1)-(5), the comprehensive plan shall include the following
17 elements:
18 (c) A general sanitary sewer, solid waste, drainage,
19 potable water, and natural groundwater aquifer recharge
20 element correlated to principles and guidelines for future
21 land use, indicating ways to provide for future potable water,
22 drainage, sanitary sewer, solid waste, and aquifer recharge
23 protection requirements for the area. The element may be a
24 detailed engineering plan including a topographic map
25 depicting areas of prime groundwater recharge. The element
26 shall describe the problems and needs and the general
27 facilities that will be required for solution of the problems
28 and needs. The element shall also include a topographic map
29 depicting any areas adopted by a regional water management
30 district as prime groundwater recharge areas for the Floridan
31 or Biscayne aquifers, pursuant to s. 373.0395. These areas
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CS/HB 569, Second Engrossed
1 shall be given special consideration when the local government
2 is engaged in zoning or considering future land use for said
3 designated areas. For areas served by septic tanks, soil
4 surveys shall be provided which indicate the suitability of
5 soils for septic tanks. By July 1, 2007, or the evaluation and
6 appraisal report adoption deadline established for the local
7 government pursuant to s. 163.3191(1)(a), whichever date
8 occurs first, the element must consider the appropriate water
9 management district's regional water supply plan approved
10 pursuant to s. 373.0361. The potable water element shall
11 include a work plan covering at least a 10-year planning
12 period for building water supply facilities that are
13 identified in the potable water element as necessary to meet
14 projected water demand to serve existing and new development
15 and for which the local government is responsible.
16 (d) A conservation element for the conservation, use,
17 and protection of natural resources in the area, including
18 air, water, water recharge areas, wetlands, waterwells,
19 estuarine marshes, soils, beaches, shores, flood plains,
20 rivers, bays, lakes, harbors, forests, fisheries and wildlife,
21 marine habitat, minerals, and other natural and environmental
22 resources. Local governments shall assess their current, as
23 well as projected, water needs and sources for at least a
24 10-year period, considering the appropriate regional water
25 supply plan approved pursuant to s. 373.0361 or the district
26 water management plan approved pursuant to s. 373.036(2) in
27 the absence of an approved regional water supply plan. This
28 information shall be submitted to the appropriate agencies.
29 The land use map or map series contained in the future land
30 use element shall generally identify and depict the following:
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CS/HB 569, Second Engrossed
1 1. Existing and planned waterwells and cones of
2 influence where applicable.
3 2. Beaches and shores, including estuarine systems.
4 3. Rivers, bays, lakes, flood plains, and harbors.
5 4. Wetlands.
6 5. Minerals and soils.
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8 The land uses identified on such maps shall be consistent with
9 applicable state law and rules.
10 (h)1. An intergovernmental coordination element
11 showing relationships and stating principles and guidelines to
12 be used in the accomplishment of coordination of the adopted
13 comprehensive plan with the plans of school boards and other
14 units of local government providing services but not having
15 regulatory authority over the use of land, with the
16 comprehensive plans of adjacent municipalities, the county,
17 adjacent counties, or the region, and with the state
18 comprehensive plan, and with the applicable regional water
19 supply plan approved pursuant to s. 373.0361, as the case may
20 require and as such adopted plans or plans in preparation may
21 exist. This element of the local comprehensive plan shall
22 demonstrate consideration of the particular effects of the
23 local plan, when adopted, upon the development of adjacent
24 municipalities, the county, adjacent counties, or the region,
25 or upon the state comprehensive plan, as the case may require.
26 a. The intergovernmental coordination element shall
27 provide for procedures to identify and implement joint
28 planning areas, especially for the purpose of annexation,
29 municipal incorporation, and joint infrastructure service
30 areas.
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CS/HB 569, Second Engrossed
1 b. The intergovernmental coordination element shall
2 provide for recognition of campus master plans prepared
3 pursuant to s. 240.155.
4 c. The intergovernmental coordination element may
5 provide for a voluntary dispute resolution process as
6 established pursuant to s. 186.509 for bringing to closure in
7 a timely manner intergovernmental disputes. A local
8 government may develop and use an alternative local dispute
9 resolution process for this purpose.
10 2. The intergovernmental coordination element shall
11 further state principles and guidelines to be used in the
12 accomplishment of coordination of the adopted comprehensive
13 plan with the plans of school boards and other units of local
14 government providing facilities and services but not having
15 regulatory authority over the use of land. In addition, the
16 intergovernmental coordination element shall describe joint
17 processes for collaborative planning and decisionmaking on
18 population projections and public school siting, the location
19 and extension of public facilities subject to concurrency, and
20 siting facilities with countywide significance, including
21 locally unwanted land uses whose nature and identity are
22 established in an agreement. Within 1 year of adopting their
23 intergovernmental coordination elements, each county, all the
24 municipalities within that county, the district school board,
25 and any unit of local government service providers in that
26 county shall establish by interlocal or other formal agreement
27 executed by all affected entities, the joint processes
28 described in this subparagraph consistent with their adopted
29 intergovernmental coordination elements.
30 3. To foster coordination between special districts
31 and local general-purpose governments as local general-purpose
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CS/HB 569, Second Engrossed
1 governments implement local comprehensive plans, each
2 independent special district must submit a public facilities
3 report to the appropriate local government as required by s.
4 189.415.
5 4. The state land planning agency shall establish a
6 schedule for phased completion and transmittal of plan
7 amendments to implement subparagraphs 1., 2., and 3. from all
8 jurisdictions so as to accomplish their adoption by December
9 31, 1999. A local government may complete and transmit its
10 plan amendments to carry out these provisions prior to the
11 scheduled date established by the state land planning agency.
12 The plan amendments are exempt from the provisions of s.
13 163.3187(1).
14 Section 2. Paragraph (l) is added to subsection (2) of
15 section 163.3191, Florida Statutes, to read:
16 163.3191 Evaluation and appraisal of comprehensive
17 plan.--
18 (2) The report shall present an evaluation and
19 assessment of the comprehensive plan and shall contain
20 appropriate statements to update the comprehensive plan,
21 including, but not limited to, words, maps, illustrations, or
22 other media, related to:
23 (l) Consideration of the appropriate water management
24 district's regional water supply plan approved pursuant to s.
25 373.0361. The potable water element must be revised to include
26 a work plan covering at least a 10-year planning period for
27 building water supply facilities that are identified in the
28 potable water element as necessary to serve existing and new
29 development and for which the local government is responsible.
30 Section 3. Subsection (11) of section 367.022, Florida
31 Statutes, is amended to read:
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CS/HB 569, Second Engrossed
1 367.022 Exemptions.--The following are not subject to
2 regulation by the commission as a utility nor are they subject
3 to the provisions of this chapter, except as expressly
4 provided:
5 (11) Any person providing only nonpotable water for
6 irrigation or fireflow purposes in a geographic area where
7 potable water service is available from a governmentally or
8 privately owned utility or a private well.
9 Section 4. Section 403.064, Florida Statutes, is
10 amended to read:
11 403.064 Reuse of reclaimed water.--
12 (1) The encouragement and promotion of water
13 conservation, and reuse of reclaimed water, as defined by the
14 department, are state objectives and are considered to be in
15 the public interest. The Legislature finds that the reuse of
16 reclaimed water is a critical component of meeting the state's
17 existing and future water supply needs while sustaining
18 natural systems. The Legislature further finds that for those
19 wastewater treatment plants permitted and operated under an
20 approved reuse program by the department, the reclaimed water
21 shall be considered environmentally acceptable and not a
22 threat to public health and safety.
23 (2) All applicants for permits to construct or operate
24 a domestic wastewater treatment facility located within,
25 serving a population located within, or discharging within a
26 water resource caution area shall prepare a reuse feasibility
27 study as part of their application for the permit. Reuse
28 feasibility studies shall be prepared in accordance with
29 department guidelines adopted by rule and shall include, but
30 are not limited to:
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CS/HB 569, Second Engrossed
1 (a) Evaluation of monetary costs and benefits for
2 several levels and types of reuse.
3 (b) Evaluation of water savings if reuse is
4 implemented.
5 (c) Evaluation of rates and fees necessary to
6 implement reuse.
7 (d) Evaluation of environmental and water resource
8 benefits associated with reuse.
9 (e) Evaluation of economic, environmental, and
10 technical constraints.
11 (f) A schedule for implementation of reuse. The
12 schedule shall consider phased implementation.
13 (3) The permit applicant shall prepare a plan of study
14 for the reuse feasibility study consistent with the reuse
15 feasibility study guidelines adopted by department rule. The
16 plan of study shall include detailed descriptions of
17 applicable treatment and water supply alternatives to be
18 evaluated and the methods of analysis to be used. The plan of
19 study shall be submitted to the department for review and
20 approval.
21 (4)(3) The study required under subsection (2) shall
22 be performed by the applicant, and the applicant shall
23 determine the applicant's determination of feasibility of
24 reuse based upon the results of the study is final if the
25 study complies with the requirements of subsections subsection
26 (2) and (3).
27 (5)(4) A reuse feasibility study is not required if:
28 (a) The domestic wastewater treatment facility has an
29 existing or proposed permitted or design capacity less than
30 0.1 million gallons per day; or
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CS/HB 569, Second Engrossed
1 (b) The permitted reuse capacity equals or exceeds the
2 total permitted capacity of the domestic wastewater treatment
3 facility; or.
4 (c) The applicant is located within an area as defined
5 by s. 7.44. Any applicant exempt under this paragraph may
6 elect to utilize the provisions of this section.
7 (6)(5) A reuse feasibility study prepared under
8 subsection (2) satisfies a water management district
9 requirement to conduct a reuse feasibility study imposed on a
10 local government or utility that has responsibility for
11 wastewater management.
12 (7)(6) Local governments may allow the use of
13 reclaimed water for inside activities, including, but not
14 limited to, toilet flushing, fire protection, and decorative
15 water features, as well as for outdoor uses, provided the
16 reclaimed water is from domestic wastewater treatment
17 facilities which are permitted, constructed, and operated in
18 accordance with department rules.
19 (8)(7) Permits issued by the department for domestic
20 wastewater treatment facilities shall be consistent with
21 requirements for reuse included in applicable consumptive use
22 permits issued by the water management district, if such
23 requirements are consistent with department rules governing
24 reuse of reclaimed water. This subsection applies only to
25 domestic wastewater treatment facilities which are located
26 within, or serve a population located within, or discharge
27 within water resource caution areas and are owned, operated,
28 or controlled by a local government or utility which has
29 responsibility for water supply and wastewater management.
30 (9)(8) Local governments may and are encouraged to
31 implement programs for the reuse of reclaimed water. Nothing
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CS/HB 569, Second Engrossed
1 in this chapter shall be construed to prohibit or preempt such
2 local reuse programs.
3 (10)(9) A local government that implements a reuse
4 program under this section shall be allowed to allocate the
5 costs in a reasonable manner.
6 (11)(10) Pursuant to chapter 367, the Florida Public
7 Service Commission shall allow entities under its jurisdiction
8 which conduct studies or implement reuse projects, including,
9 but not limited to, any study required by subsection (2) or
10 facilities used for reliability purposes for a reclaimed water
11 reuse system, to recover the full, prudently incurred cost of
12 such studies and facilities through their rate structure.
13 (12)(11) In issuing consumptive use permits, the
14 permitting agency shall consider the local reuse program.
15 (13)(12) A local government shall require a developer,
16 as a condition for obtaining a development order, to comply
17 with the local reuse program.
18 (14)(13) If, After conducting a feasibility study
19 under subsection (2), an applicant determines that reuse of
20 reclaimed water is feasible, domestic wastewater treatment
21 facilities that dispose of effluent by Class I deep well
22 injection, as defined in 40 C.F.R. part 144.6(a), must
23 implement reuse according to the schedule for implementation
24 contained in the study conducted under subsection (2), to the
25 degree that reuse is determined feasible, based upon the
26 applicant's reuse feasibility study. Applicable permits issued
27 by the department shall be consistent with the requirements of
28 this subsection.
29 (a) This subsection does not limit the use of a Class
30 I deep well injection facility as backup for a reclaimed water
31 reuse system.
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CS/HB 569, Second Engrossed
1 (b) This subsection applies only to domestic
2 wastewater treatment facilities located within, serving a
3 population located within, or discharging within a water
4 resource caution area.
5 (15)(14) If, After conducting a feasibility study
6 under subsection (2), an applicant determines that reuse of
7 reclaimed water is feasible, domestic wastewater treatment
8 facilities that dispose of effluent by surface water
9 discharges or by land application methods must implement reuse
10 according to the schedule for implementation contained in the
11 study conducted under subsection (2), to the degree that reuse
12 is determined feasible, based upon the applicant's reuse
13 feasibility study. This subsection does not apply to surface
14 water discharges or land application systems which are
15 currently categorized as reuse under department rules.
16 Applicable permits issued by the department shall be
17 consistent with the requirements of this subsection.
18 (a) This subsection does not limit the use of a
19 surface water discharge or land application facility as backup
20 for a reclaimed water reuse system.
21 (b) This subsection applies only to domestic
22 wastewater treatment facilities located within, serving a
23 population located within, or discharging within a water
24 resource caution area.
25 Section 5. Paragraph (b) of subsection (3) of section
26 403.1835, Florida Statutes, is amended to read:
27 403.1835 Water pollution control financial
28 assistance.--
29 (3) The department may provide financial assistance
30 through any program authorized under s. 603 of the Federal
31 Water Pollution Control Act (Clean Water Act), Pub. L. No.
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CS/HB 569, Second Engrossed
1 92-500, as amended, including, but not limited to, making
2 grants and loans, providing loan guarantees, purchasing loan
3 insurance or other credit enhancements, and buying or
4 refinancing local debt. This financial assistance must be
5 administered in accordance with this section and applicable
6 federal authorities. The department shall administer all
7 programs operated from funds secured through the activities of
8 the Florida Water Pollution Control Financing Corporation
9 under s. 403.1837, to fulfill the purposes of this section.
10 (b) The department may make or request the corporation
11 to make loans, grants, and deposits to other entities eligible
12 to participate in the financial assistance programs authorized
13 under the Federal Water Pollution Control Act, or as a result
14 of other federal action, which entities may pledge any revenue
15 available to them to repay any funds borrowed. Notwithstanding
16 s. 18.10, the department may make deposits to financial
17 institutions that earn less than the prevailing rate for
18 United States Treasury securities with corresponding
19 maturities for the purpose of enabling such financial
20 institutions to make below-market interest rate loans to
21 entities qualified to receive loans under this section and the
22 rules of the department.
23 Section 6. In order to aid in the development of a
24 better understanding of the unique surface and groundwater
25 resources of this state, the water management districts shall
26 develop an information program designed to provide information
27 on existing hydrologic conditions of major surface and
28 groundwater sources in this state and suggestions for good
29 conservation practices within those areas. The program shall
30 be developed no later than December 31, 2002. Beginning
31 January 1, 2003, and on a regular basis no less than every 6
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CS/HB 569, Second Engrossed
1 months thereafter, the information developed pursuant to this
2 section shall be distributed to every member of the Florida
3 Senate and the Florida House of Representatives and to local
4 print and broadcast news organizations. Each water management
5 district shall be responsible for the distribution of this
6 information within its established geographic area.
7 Section 7. Subsection (3) of s. 403.804, Florida
8 Statutes, is repealed.
9 Section 8. This act shall take effect upon becoming a
10 law.
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