HB 1275 2003
   
1 A bill to be entitled
2          An act relating to water resources; creating the 2020
3    Water Study Commission; providing for appointment and
4    qualification of members, providing duties of the
5    commission; providing for public hearings; providing for
6    an executive director and technical advisory committees;
7    requiring reports; providing duties of the Department of
8    Environmental Protection; providing an appropriation;
9    providing an effective date.
10         
11          WHEREAS, the management of the water resources of the state
12    is critical to the preservation of Florida's unique natural
13    systems and to the protection of the health and welfare of the
14    people of the state, and
15          WHEREAS, the Florida Legislature has enacted into law a
16    series of water resource planning and regulatory programs aimed
17    at the protection, preservation, restoration, and enhancement of
18    the state's water resources, and
19          WHEREAS, the Florida Legislature has also enacted laws to
20    encourage conservation, the efficient use of water, and the
21    development of cost-effective alternative water supply
22    technologies in order to minimize dependence upon historic water
23    supply sources, and
24          WHEREAS, despite these efforts, the future availability of
25    water necessary to maintain the state's natural systems, and to
26    meet the future demands of the state's agricultural and urban
27    areas, remains in question, and
28          WHEREAS, regular evaluation of the Florida Water Plan and
29    district or regional water supply plans, including the
30    alternative water supply development provisions, is necessary to
31    determine whether state goals are being attained and necessary
32    revisions should be prepared through coordinated action by state
33    and regional agencies and local governments, and
34          WHEREAS, local and regional governments throughout the
35    state repeatedly request funding assistance from the state to
36    address their water, wastewater, and stormwater infrastructure
37    needs, and
38          WHEREAS, the Legislature finds there is a need to
39    comprehensively consider how the multi-billion dollar water
40    resources infrastructure needs are to be met, in order to
41    preserve and enhance the quality of the state's water resources
42    and protect the health and welfare of the people of the state,
43    NOW, THEREFORE,
44         
45          Be It Enacted by the Legislature of the State of Florida:
46         
47          Section 1. (1) The 2020 Water Study Commission is
48    created. The commission shall be composed of 17 voting members,
49    7 of whom are appointed by the Governor, 5 of whom are appointed
50    by the President of the Senate, and 5 of whom are appointed by
51    the Speaker of the House of Representatives. In addition, the
52    Commissioner of Agriculture, the Secretary of Community Affairs,
53    and the secretary of the Department of Environmental Protection
54    or their designees shall serve as ex officio nonvoting members
55    of the commission. The Governor's appointments must include at
56    least one appointment from each of the following interest
57    groups:
58          (a) Business interests, such as development or real
59    estate.
60          (b) Agricultural interests, such as farming, forestry,
61    aquaculture, or silvaculture.
62          (c) Environmental interests, such as resource-based
63    conservation and environmental quality or conservation groups.
64          (d) Community representatives, such as citizen groups,
65    not-for-profit community associations, citizen planners, or
66    affordable housing groups.
67          (e) Local and regional governments, such as
68    municipalities, counties, special districts, metropolitan
69    planning organizations, water management districts, or regional
70    planning councils.
71          (f) Water resources management and planning specialists,
72    such as professional planners, attorneys, engineers, or
73    architects.
74         
75          The President of the Senate and the Speaker of the House of
76    Representatives shall each select one appointee from five of the
77    six categories listed in paragraphs (a)-(f) and, in addition,
78    shall each appoint two members from their respective chambers of
79    the Legislature to serve on the commission as ex officio
80    nonvoting members. Appointments under this subsection shall be
81    made by July 1, 2003, and the first meeting of the commission
82    shall be held no later than September 1, 2003. The chair of the
83    commission shall be elected from the voting members by the
84    majority of the membership at its first meeting. Any vacancy
85    occurring in the membership of the commission shall be filled in
86    the same manner as the original appointment.
87          (2) Each voting member of the commission is entitled to
88    one vote, and action of the commission requires a two-thirds
89    vote of the members present. However, action of the commission
90    may be taken only at a meeting at which a majority of the voting
91    commission members are present.
92          (3) The commission shall review the operation and
93    implementation of Florida's water resource management and
94    planning laws, including, but not limited to, chapters 163, 373,
95    and 403, Florida Statutes, for the purpose of formulating
96    specific recommendations relating to the following:
97          (a) The funding for the cleanup of all the water bodies
98    that have been determined by the Department of Environmental
99    Protection pursuant to section 403.067, Florida Statutes, to be
100    impaired;
101          (b) Identification of regulatory and financial incentives
102    to local governments to increase the amount of water utility
103    collection fees dedicated to the implementation of conservation
104    and water-reclamation projects;
105          (c) Simplification and streamlining of permitting
106    processes at both the state and federal levels for alternative
107    water supply technologies;
108          (d) Increased use of water reuse, including resolution of
109    disputes relating to the determination of feasibility of
110    infrastructure financing and development and colocation of power
111    generating facilities;
112          (e) Identification of the appropriate role of the state in
113    assisting local governments in the implementation of alternative
114    water supply projects, including, without limitation, the
115    provision of further financial and technical assistance;
116          (f) Promotion of cost-effective agricultural water
117    conservation practices, including providing long-term funding
118    support for the Urban Irrigation Laboratory Programs; and
119          (g) Citizen participation in education about and the
120    promotion of water resource protection and conservation
121    programs.
122          (4) At least six public hearings must be held by the
123    commission in different regions of the state to solicit input
124    from the public on how they want the state, regional agencies,
125    and their municipalities and counties to provide for the
126    protection and enhancement of the state's water resources.
127          (5) The commission shall, by February 1, 2004, provide to
128    the President of the Senate, the Speaker of the House of
129    Representatives, and the Governor an interim written report of
130    the specific recommendations that may be formulated at that
131    time. A final written report shall be provided to the same
132    officers by February 1, 2005, with recommendations for all the
133    issues identified in paragraphs (3)(a)-(g), including
134    legislative recommendations.
135          (6) The commission may establish and appoint any necessary
136    technical advisory committees. Commission members, and the
137    members of any technical advisory committees that are appointed,
138    shall not receive remuneration for their services, but members
139    other than public officers and employees are entitled to be
140    reimbursed by the Department of Environmental Protection for
141    travel or per diem expenses in accordance with chapter 112,
142    Florida Statutes. Public officers and employees shall be
143    reimbursed by their respective agencies in accordance with
144    chapter 112, Florida Statutes.
145          (7) The commission may select an executive director who
146    shall report to the commission and serve at its pleasure. The
147    Department of Environmental Protection shall provide other staff
148    and consultants after consultation with the commission. Funding
149    for these expenses shall be provided through the Department of
150    Environmental Protection.
151          (8) Each commission member may receive per diem and
152    expenses for travel, as provided in section 112.061, Florida
153    Statutes, while carrying out official business of the
154    commission.
155          (9) All agencies under the control of the Governor are
156    directed, and all other agencies are requested, to render
157    assistance and cooperation to the commission.
158          (10) The commission shall continue in existence until its
159    objectives are achieved, but not later than September 1, 2005.
160          Section 2. The sum of $250,000 is appropriated from the
161    General Revenue Fund to the Department of Environmental
162    Protection to implement this act.
163          Section 3. This act shall take effect upon becoming a law.