SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
                            CHAMBER ACTION
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11  The Committee on Natural Resources recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  (1)  The Legislature recognizes that the
19  proper conservation of water is an important means of
20  achieving the economic and efficient utilization of water
21  necessary to constitute a reasonable-beneficial use. The
22  Legislature encourages the development and use of water
23  conservation measures that are effective, flexible, and
24  affordable. In the context of the use of water for public
25  supply provided by a water utility, the Legislature intends
26  for a variety of conservation measures to be available and
27  used to encourage efficient water use. The Legislature finds
28  that the social, economic, and cultural conditions of this
29  state relating to the use of public water supply vary by
30  geographic region, and thus water utilities and water
31  management districts must have the flexibility to tailor water
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  conservation measures to best suit individual circumstances.
 2  For purposes of this section, the term "public water supply
 3  utility" shall include both publicly-owned and privately-owned
 4  public water supply utilities.
 5         (2)  In furtherance of the findings in subsection (1),
 6  the Department of Environmental Protection shall develop a
 7  water conservation guidance manual containing a menu of water
 8  conservation measures from which public water supply utilities
 9  may select in the development of a comprehensive, goal-based
10  water conservation program tailored for their individual
11  service areas that is effective and does not impose undue
12  costs or burdens on customers. The water conservation guidance
13  manual shall promote statewide consistency in the approach to
14  utility conservation, while maintaining appropriate
15  flexibility. The manual may contain measures such as:  water
16  conservation audits; informative billing practices to educate
17  customers on their patterns of water use, the costs of water,
18  and ways to conserve water; ordinances requiring low-flow
19  plumbing fixtures or efficient landscape irrigation; rebate
20  programs for the installation of water-saving plumbing or
21  appliances; general water conservation educational programs
22  including bill inserts; measures to promote the more effective
23  and efficient reuse of reclaimed water; water conservation or
24  drought rate structures that encourage customers to conserve
25  water through appropriate price signals; and programs to apply
26  utility profits generated through conservation and drought
27  rates to additional water conservation programs or water
28  supply development. The department shall specifically set
29  forth in the manual that it is the responsibility of the
30  appropriate utility to determine the specific rates it will
31  charge its customers and that the role of the department or
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  water management district is confined to the review of those
 2  rate structures to determine whether they encourage water
 3  conservation. The department shall also set forth in the water
 4  conservation guidance manual that a utility need not adopt a
 5  water conservation or drought rate structure if the utility
 6  employs other measures that are equally effective or more
 7  effective. The manual shall provide for different levels of
 8  complexity and expected levels of effort in conservation
 9  programs depending on the size of the utility. However, all
10  utilities will be expected to have at least basic programs in
11  each of the following areas:
12         (a)  Universal metering,
13         (b)  Water accounting and loss control,
14         (c)  Cost of service accounting and metered rates for
15  water,
16         (d)  Information programs on water conservation, and
17         (e)  Landscaping water efficiency programs.
18         (3)  The Department of Environmental Protection shall
19  develop the water conservation guidance manual no later than
20  June 15, 2004. The department shall develop the manual in
21  consultation with interested parties, which, at a minimum
22  shall include representatives from the water management
23  districts, three utilities that are members of the American
24  Water Works Association, two utilities that are members of the
25  Florida Water Environment Association, a representative of the
26  Florida Chamber of Commerce, representatives of counties and
27  municipalities, and representatives of environmental
28  organizations. The department shall, by December 15, 2004,
29  adopt the water conservation guidance manual by rule. Once the
30  department adopts the water conservation guidance manual by
31  rule, the water management districts may apply the manual in
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  the review of water conservation requirements for obtaining a
 2  permit pursuant to part II, ch. 373, Florida Statutes, without
 3  the need to adopt the manual pursuant to s. 120.54. Once the
 4  water conservation guidance manual is adopted by rule, a
 5  public water supply utility may choose to comply with the
 6  standard water conservation requirements for obtaining a
 7  consumptive use permit from a water management district or may
 8  choose to develop a goal-based, comprehensive water
 9  conservation program from the options contained in the manual.
10  If the utility chooses to design a comprehensive water
11  conservation program based on the water conservation guidance
12  manual, the proposed program must include the following:
13         (a)  An inventory of water system characteristics and
14  conservation opportunities,
15         (b)  Demand forecasts,
16         (c)  An explanation of the proposed program,
17         (d)  Specific numeric water conservation targets for
18  the utility as a whole and for appropriate customer classes,
19  with a justification of why the numeric targets are
20  appropriate based on that utility's particular customer
21  characteristics and conservation opportunities,
22         (e)  A demonstration of projected water conservation
23  effectiveness at least equal to applying the standard water
24  use conservation permitting requirements, and
25         (f)  A timetable for the utility and the water
26  management district to evaluate progress in meeting the water
27  conservation targets and making needed program modifications.
28         (4)  If the water management district determines that
29  the proposed conservation program is consistent with the
30  guidance manual and contains the elements above, they shall
31  approve the proposed program and it shall satisfy water
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  conservation requirements imposed as a condition to obtaining
 2  a permit under part II of ch. 373, Florida Statutes. The
 3  department, in consultation with the aforementioned entities,
 4  may periodically amend the water conservation guidance manual
 5  rule as appropriate to reflect changed circumstances or new
 6  technologies or approaches. The findings and provisions in
 7  this section shall not be construed to apply to users of water
 8  other than public water supply utilities.
 9         Section 2.  Paragraphs (h) and (i) are added to
10  subsection (2) of section 373.0361, Florida Statutes,, and
11  subsection (6) of that section is amended to read:
12         373.0361  Regional water supply planning.--
13         (2)  Each regional water supply plan shall be based on
14  at least a 20-year planning period and shall include, but not
15  be limited to:
16         (a)  A water supply development component that
17  includes:
18         1.  A quantification of the water supply needs for all
19  existing and reasonably projected future uses within the
20  planning horizon. The level-of-certainty planning goal
21  associated with identifying the water supply needs of existing
22  and future reasonable-beneficial uses shall be based upon
23  meeting those needs for a 1-in-10-year drought event.
24         2.  A list of water source options for water supply
25  development, including traditional and alternative sources,
26  from which local government, government-owned and privately
27  owned utilities, self-suppliers, and others may choose, which
28  will exceed the needs identified in subparagraph 1.
29         3.  For each option listed in subparagraph 2., the
30  estimated amount of water available for use and the estimated
31  costs of and potential sources of funding for water supply
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  development.
 2         4.  A list of water supply development projects that
 3  meet the criteria in s. 373.0831(4).
 4         (b)  A water resource development component that
 5  includes:
 6         1.  A listing of those water resource development
 7  projects that support water supply development.
 8         2.  For each water resource development project listed:
 9         a.  An estimate of the amount of water to become
10  available through the project.
11         b.  The timetable for implementing or constructing the
12  project and the estimated costs for implementing, operating,
13  and maintaining the project.
14         c.  Sources of funding and funding needs.
15         d.  Who will implement the project and how it will be
16  implemented.
17         (c)  The recovery and prevention strategy described in
18  s. 373.0421(2).
19         (d)  A funding strategy for water resource development
20  projects, which shall be reasonable and sufficient to pay the
21  cost of constructing or implementing all of the listed
22  projects.
23         (e)  Consideration of how the options addressed in
24  paragraphs (a) and (b) serve the public interest or save costs
25  overall by preventing the loss of natural resources or
26  avoiding greater future expenditures for water resource
27  development or water supply development. However, unless
28  adopted by rule, these considerations do not constitute final
29  agency action.
30         (f)  The technical data and information applicable to
31  the planning region which are contained in the district water
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  management plan and are necessary to support the regional
 2  water supply plan.
 3         (g)  The minimum flows and levels established for water
 4  resources within the planning region.
 5         (h)  Reservations of water adopted by rule pursuant to
 6  s. 373.223(4).
 7         (i)  An analysis, developed in cooperation with the
 8  department, of areas or instances in which the variance
 9  provisions of s. 378.212(1)(g) may be used to create water
10  supply development or water resource development projects.
11         (6)  Nothing contained in the water supply development
12  component of the district water management plan shall be
13  construed to require local governments, government-owned or
14  privately owned water utilities, self-suppliers, or other
15  water suppliers to select a water supply development option
16  identified in the component merely because it is identified in
17  the plan, nor may the plan be used in the review of permits
18  under part II unless the plan, or applicable portion thereof,
19  has been adopted by rule.  However, this subsection does not
20  prohibit a water management district from employing the data
21  or other information used to establish the plan in reviewing
22  permits under part II nor shall it not be construed to limit
23  the authority of the department or governing board under part
24  II.
25         Section 3.  Subsection (3) of section 373.0831, Florida
26  Statutes, is amended and paragraph (c) is added to subsection
27  (4) of that section to read:
28         373.0831  Water resource development; water supply
29  development.--
30         (3)  The water management districts shall fund and
31  implement water resource development as defined in s. 373.019.
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  The water management districts are encouraged to implement
 2  water resource development as expeditiously as possible in
 3  areas subject to regional water supply plans. Each governing
 4  board shall include in its annual budget the amount needed for
 5  the fiscal year to implement water resource development
 6  projects, as prioritized in its regional water supply plans.
 7         (4)(a)  Water supply development projects which are
 8  consistent with the relevant regional water supply plans and
 9  which meet one or more of the following criteria shall receive
10  priority consideration for state or water management district
11  funding assistance:
12         1.  The project supports establishment of a dependable,
13  sustainable supply of water which is not otherwise financially
14  feasible;
15         2.  The project provides substantial environmental
16  benefits by preventing or limiting adverse water resource
17  impacts, but requires funding assistance to be economically
18  competitive with other options; or
19         3.  The project significantly implements reuse,
20  storage, recharge, or conservation of water in a manner that
21  contributes to the sustainability of regional water sources.
22         (b)  Water supply development projects which meet the
23  criteria in paragraph (a) and also bring about replacement of
24  existing sources in order to help implement a minimum flow or
25  level shall be given first consideration for state or water
26  management district funding assistance.
27         (c)  If a proposed alternative water supply development
28  project is identified in the relevant approved regional water
29  supply plan, the project shall receive:
30         1.  A 20-year consumptive use permit, if it otherwise
31  meets the permit requirements under ss. 373.223 and 373.236
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  and rules adopted thereunder.
 2         2.  Priority funding pursuant to s. 373.1961(2) with
 3  the implementation of the water resource development component
 4  of the proposed project.
 5         Section 4.  Paragraph (a) of subsection (2) of section
 6  373.1961, Florida Statutes, is amended to read:
 7         373.1961  Water production.--
 8         (2)  The Legislature finds that, due to a combination
 9  of factors, vastly increased demands have been placed on
10  natural supplies of fresh water, and that, absent increased
11  development of alternative water supplies, such demands may
12  increase in the future.  The Legislature also finds that
13  potential exists in the state for the production of
14  significant quantities of alternative water supplies,
15  including reclaimed water, and that water production includes
16  the development of alternative water supplies, including
17  reclaimed water, for appropriate uses.  It is the intent of
18  the Legislature that utilities develop reclaimed water
19  systems, where reclaimed water is the most appropriate
20  alternative water supply option, to deliver reclaimed water to
21  as many users as possible through the most cost-effective
22  means, and to construct reclaimed water system infrastructure
23  to their owned or operated properties and facilities where
24  they have reclamation capability. It is also the intent of the
25  Legislature that the water management districts which levy ad
26  valorem taxes for water management purposes should share a
27  percentage of those tax revenues with water providers and
28  users, including local governments, water, wastewater, and
29  reuse utilities, municipal, industrial, and agricultural water
30  users, and other public and private water users, to be used to
31  supplement other funding sources in the development of
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  alternative water supplies. The Legislature finds that public
 2  moneys or services provided to private entities for such uses
 3  constitute public purposes which are in the public interest.
 4  In order to further the development and use of alternative
 5  water supply systems, including reclaimed water systems, the
 6  Legislature provides the following:
 7         (a)  The governing boards of the water management
 8  districts where water resource caution areas have been
 9  designated shall include in their annual budgets an amount for
10  the development of alternative water supply systems, including
11  reclaimed water systems, pursuant to the requirements of this
12  subsection. Beginning in 1996, such amounts shall be made
13  available to water providers and users no later than December
14  31 of each year, through grants, matching grants, revolving
15  loans, or the use of district lands or facilities pursuant to
16  the requirements of this subsection and guidelines established
17  by the districts. Without diminishing amounts available
18  through other means described in this paragraph, the governing
19  boards are encouraged to consider establishing revolving loan
20  funds to expand the total funds available to accomplish the
21  objectives of this section. A revolving loan fund created
22  pursuant to this paragraph shall be a nonlapsing fund from
23  which the water management district may make loans with
24  interest rates below prevailing market rates to public or
25  private entities for the purposes described in this section.
26  The governing board may adopt resolutions to establish
27  revolving loan funds which shall specify the details of the
28  administration of the fund, the procedures for applying for
29  loans from the fund, the criteria for awarding loans from the
30  fund, the initial capitalization of the fund, and the goals
31  for future capitalization of the fund in subsequent budget
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  years. Revolving loan funds created pursuant to this paragraph
 2  shall be used to expand the total sums and sources of
 3  cooperative funding available for the development of
 4  alternative water supplies. The Legislature does not intend
 5  for the creation of revolving loan trust funds to supplant or
 6  otherwise reduce existing sources or amounts of funds
 7  currently available through other means.
 8         Section 5.  Paragraph (c) is added to subsection (2) of
 9  section 373.250, Florida Statutes, to read:
10         373.250  Reuse of reclaimed water.--
11         (2)(a)  For purposes of this section, "uncommitted"
12  means the average amount of reclaimed water produced during
13  the three lowest-flow months minus the amount of reclaimed
14  water that a reclaimed water provider is contractually
15  obligated to provide to a customer or user.
16         (b)  Reclaimed water may be presumed available to a
17  consumptive use permit applicant when a utility exists which
18  provides reclaimed water, which has uncommitted reclaimed
19  water capacity, and which has distribution facilities, which
20  are initially provided by the utility at its cost, to the site
21  of the affected applicant's proposed use.
22         (c)  A water management district may require the use of
23  reclaimed water in lieu of surface or groundwater when the use
24  of uncommitted reclaimed water is environmentally,
25  economically, and technically feasible. However, nothing in
26  this paragraph shall be construed to give a water management
27  district the authority to require a provider of reclaimed
28  water to redirect reclaimed water from one user to another, or
29  to provide uncommitted water to a specific user if such water
30  is anticipated to be used by the provider, or a different user
31  selected by the provider, within a reasonable amount of time.
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1         Section 6.  Subsection (6) of section 373.536, Florida
 2  Statutes, is amended to read:
 3         373.536  District budget and hearing thereon.--
 4         (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS
 5  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
 6         (a)  Each district must, by the date specified for each
 7  item, furnish copies of the following documents to the
 8  Governor, the President of the Senate, the Speaker of the
 9  House of Representatives, the chairs of all legislative
10  committees and subcommittees having substantive or fiscal
11  jurisdiction over the districts, as determined by the
12  President of the Senate or the Speaker of the House of
13  Representatives as applicable, the secretary of the
14  department, and the governing board of each county in which
15  the district has jurisdiction or derives any funds for the
16  operations of the district:
17         1.  The adopted budget, to be furnished within 10 days
18  after its adoption.
19         2.  A financial audit of its accounts and records, to
20  be furnished within 10 days after its acceptance by the
21  governing board. The audit must be conducted in accordance
22  with the provisions of s. 11.45 and the rules adopted
23  thereunder. In addition to the entities named above, the
24  district must provide a copy of the audit to the Auditor
25  General within 10 days after its acceptance by the governing
26  board.
27         3.  A 5-year capital improvements plan, to be furnished
28  within 45 days after the adoption of the final budget. The
29  plan must include expected sources of revenue for planned
30  improvements and must be prepared in a manner comparable to
31  the fixed capital outlay format set forth in s. 216.043.
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1         4.  A 5-year water resource development work program to
 2  be furnished within 45 days after the adoption of the final
 3  budget. The program must describe the district's
 4  implementation strategy for the water resource development
 5  component of each approved regional water supply plan
 6  developed or revised under s. 373.0361. The work program must
 7  address all the elements of the water resource development
 8  component in the district's approved regional water supply
 9  plans, and must identify which projects in the work program
10  will provide water, explain how each water resource
11  development project will produce additional water available
12  for consumptive uses, estimate the quantity of water to be
13  produced by each project, and provide an assessment of the
14  contribution of the district's regional water supply plans in
15  providing sufficient water to meet the water supply needs of
16  existing and future reasonable-beneficial uses for a one in
17  ten year drought event. Within 45 days after its submittal,
18  the department shall review the proposed work program and
19  submit its findings, questions, and comments to the district.
20  The review must include a written evaluation of the program's
21  consistency with the furtherance of the district's approved
22  regional water supply plans, and the adequacy of proposed
23  expenditures. As part of the review, the department shall give
24  interested parties the opportunity to provide written comments
25  on each district's proposed work program. Within 60 days after
26  receipt of the department's evaluation, the governing board
27  shall state in writing to the department which changes
28  recommended in the evaluation it will incorporate into its
29  work program or specify the reasons for not incorporating the
30  changes. The department shall include the district's responses
31  in a final evaluation report and shall submit a copy of the
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  report to the Governor, the President of the Senate, and the
 2  Speaker of the House of Representatives.
 3         (b)  If any entity listed in paragraph (a) provides
 4  written comments to the district regarding any document
 5  furnished under this subsection, the district must respond to
 6  the comments in writing and furnish copies of the comments and
 7  written responses to the other entities.
 8         Section 7.  Subsection (1) of section 378.212, Florida
 9  Statutes, is amended to read:
10         378.212  Variances.--
11         (1)  Upon application, the secretary may grant a
12  variance from the provisions of this part, part IV, and
13  chapter 373, or the rules adopted pursuant thereto. Variances
14  and renewals thereof may be granted for any one of the
15  following reasons:
16         (a)  There is no practicable means known or available
17  to comply with the provisions of this part or the rules
18  adopted pursuant thereto.
19         (b)  Compliance with a particular requirement or
20  requirements from which a variance is sought will necessitate
21  the taking of measures which must be spread over a
22  considerable period of time. A variance granted for this
23  reason shall prescribe a timetable for the taking of the
24  measures required.
25         (c)  To relieve or prevent hardship, including economic
26  hardship, of a kind other than those provided for in
27  paragraphs (a) and (b).
28         (d)  To accommodate specific phosphate mining,
29  processing or chemical plant uses that otherwise would be
30  inconsistent with the requirements of this part.
31         (e)  To provide for an experimental technique that
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  would advance the knowledge of reclamation and restoration
 2  methods.
 3         (f)  To accommodate projects, including those proposing
 4  offsite mitigation, that provide a significant regional
 5  benefit for wildlife and the environment.
 6         (g)  To accommodate reclamation that provides water
 7  supply development or water resource development consistent
 8  with the applicable regional water supply plan approved
 9  pursuant to s. 373.0361, provided that regional water
10  resources are not adversely affected.
11         Section 8.  Subsection (9) is added to section 378.404,
12  Florida Statutes, to read:
13         378.404  Department of Environmental Protection; powers
14  and duties.--The department shall have the following powers
15  and duties:
16         (9)  To grant variances from the provisions of this
17  part to accommodate reclamation that provides for water supply
18  development or water resource development, consistent with the
19  applicable regional water supply plan approved pursuant to s.
20  373.0361, appropriate stormwater management, wildlife habitat,
21  or recreation, provided regional water resources are not
22  adversely affected.
23         Section 9.  Subsections (1) and (6) of section 403.064,
24  Florida Statutes, are amended to read:
25         403.064  Reuse of reclaimed water.--
26         (1)  The encouragement and promotion of water
27  conservation, and reuse of reclaimed water, as defined by the
28  department, are state objectives and are considered to be in
29  the public interest. The Legislature finds that the reuse of
30  reclaimed water is a critical component of meeting the state's
31  existing and future water supply needs while sustaining
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  natural systems. The Legislature further finds that for those
 2  wastewater treatment plants permitted and operated under an
 3  approved reuse program by the department, the reclaimed water
 4  shall be considered environmentally acceptable and not a
 5  threat to public health and safety. The Legislature encourages
 6  the development of incentive-based programs for reuse
 7  implementation.
 8         (6)  A reuse feasibility study prepared under
 9  subsection (2) satisfies a water management district
10  requirement to conduct a reuse feasibility study imposed on a
11  local government or utility that has responsibility for
12  wastewater management, and the conclusions of the study shall
13  determine the feasibility of providing reclaimed water for
14  reuse under part II of chapter 373.
15         Section 10.  Paragraph (b) of subsection (3) of section
16  403.1835, Florida Statutes, is amended to read:
17         403.1835  Water pollution control financial
18  assistance.--
19         (3)  The department may provide financial assistance
20  through any program authorized under s. 603 of the Federal
21  Water Pollution Control Act (Clean Water Act), Pub. L. No.
22  92-500, as amended, including, but not limited to, making
23  grants and loans, providing loan guarantees, purchasing loan
24  insurance or other credit enhancements, and buying or
25  refinancing local debt. This financial assistance must be
26  administered in accordance with this section and applicable
27  federal authorities. The department shall administer all
28  programs operated from funds secured through the activities of
29  the Florida Water Pollution Control Financing Corporation
30  under s. 403.1837, to fulfill the purposes of this section.
31         (b)  The department may make or request the corporation
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                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  to make loans, grants, and deposits to other entities eligible
 2  to participate in the financial assistance programs authorized
 3  under the Federal Water Pollution Control Act, or as a result
 4  of other federal action, which entities may pledge any revenue
 5  available to them to repay any funds borrowed. Notwithstanding
 6  s. 18.10, the department may make deposits to financial
 7  institutions that earn less than the prevailing rate for
 8  United States Treasury securities with corresponding
 9  maturities for the purpose of enabling such financial
10  institutions to make below-market interest rate loans to
11  entities qualified to receive loans under this section and the
12  rules of the department.
13         Section 11.  Subsection (6) of section 403.1837,
14  Florida Statutes, is amended to read:
15         403.1837  Florida Water Pollution Control Financing
16  Corporation.--
17         (6)  The corporation may issue and incur notes, bonds,
18  certificates of indebtedness, or other obligations or
19  evidences of indebtedness payable from and secured by amounts
20  received from payment of loans and other moneys received by
21  the corporation, including, but not limited to, amounts
22  payable to the corporation by the department under a service
23  contract entered into under subsection (5). The corporation
24  may not issue bonds in excess of an amount authorized by
25  general law or an appropriations act except to refund
26  previously issued bonds. The corporation may issue bonds in
27  amounts not exceeding $50 million in fiscal year 2000-2001,
28  $75 million in fiscal year 2001-2002, and $100 million in
29  fiscal year 2002-2003. The proceeds of the bonds may be used
30  for the purpose of providing funds for projects and activities
31  provided for in subsection (1) or for refunding bonds
                                  17
    9:27 AM   04/08/03                                 s2316.nr.01
                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  previously issued by the corporation. The corporation may
 2  select a financing team and issue obligations through
 3  competitive bidding or negotiated contracts, whichever is most
 4  cost-effective. Any such indebtedness of the corporation does
 5  not constitute a debt or obligation of the state or a pledge
 6  of the faith and credit or taxing power of the state.
 7         Section 12.  The Legislature finds that, within the
 8  area identified in the Lower East Coast Regional Water Supply
 9  Plan approved by the South Florida Water Management District
10  pursuant to s. 373.0361, Florida Statutes, the groundwater
11  levels can benefit from augmentation. The Legislature finds
12  that the direct or indirect discharge of reclaimed water into
13  canals and the aquifer system for transport and subsequent
14  reuse may provide an environmentally acceptable means to
15  augment water supplies and enhance natural systems; however,
16  the Legislature also recognizes that there are water quality
17  and water quantity issues that must be better understood and
18  resolved. In addition, there are cost savings possible by
19  collocating enclosed conduits for conveyance of water for
20  reuse in this area within canal rights-of-way that should be
21  investigated. Toward that end, the Department of Environmental
22  Protection, in consultation with the South Florida Water
23  Management District, Southeast Florida utilities, affected
24  local governments, including local governments with principal
25  responsibility for the operation and maintenance of a water
26  control system capable of conveying reclaimed wastewater for
27  reuse, representatives of the environmental and engineering
28  communities, public health professionals, and individuals
29  having expertise in water quality, shall conduct a study to
30  investigate the feasibility of discharging reclaimed
31  wastewater into canals and the aquifer system as an
                                  18
    9:27 AM   04/08/03                                 s2316.nr.01
                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1  environmentally acceptable means of augmenting groundwater
 2  supplies, enhancing natural systems, and conveying reuse water
 3  within enclose conduits within the canal right-of-way. The
 4  study shall include an assessment of the water quality, water
 5  supply, public health, technical and legal implications
 6  related to the canal discharge and collocation concepts. The
 7  department shall issue a preliminary written report containing
 8  draft findings and recommendations for public comment by
 9  November 1, 2003. The department shall provide a written
10  report on the results of its study to the Governor and
11  substantive committees of the House of Representatives and the
12  Senate by January 31, 2004. Nothing in this section shall be
13  used to alter the purpose of the Comprehensive Everglades
14  Restoration Plan or the implementation of the Water Resources
15  Development Act of 2000.
16         Section 13.  This act shall take effect upon becoming a
17  law.
18  
19  
20  ================ T I T L E   A M E N D M E N T ===============
21  And the title is amended as follows:
22         Delete everything before the enacting clause
23  
24  and insert:
25                      A bill to be entitled
26         An act relating to water supplies; providing
27         legislative findings and intent; providing for
28         the development of a water conservation
29         guidance manual by the Department of
30         Environmental Protection; providing for
31         purposes and contents of the manual and
                                  19
    9:27 AM   04/08/03                                 s2316.nr.01
                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1         requirements with respect thereto; requiring
 2         the Department of Environmental Protection to
 3         adopt the manual by rule by a specified date;
 4         requiring public water supply utilities to
 5         develop water conservation programs based upon
 6         options contained in the manual; amending s.
 7         373.0361, F.S.; providing additional components
 8         of regional water supply plans; providing that
 9         a district water management plan may not be
10         used as criteria for the review of permits for
11         consumptive uses of water unless the plan or
12         applicable portion thereof has been adopted by
13         rule; amending s. 373.0831, F.S.; revising the
14         criteria by which water supply development
15         projects may receive priority consideration for
16         funding assistance; providing for permitting
17         and funding of a proposed alternative water
18         supply project identified in the relevant
19         approved regional water supply plan; amending
20         s. 373.1961, F.S.; encouraging water management
21         district governing boards to establish
22         revolving loan trust funds for specified
23         purposes; amending s. 373.250, F.S.; limiting
24         water management districts' authority over
25         reclaimed water; amending  373.536, F.S.;
26         expanding water management districts budget
27         reporting requirements; amending s. 378.212,
28         F.S.; authorizing the granting of a variance
29         from parts III and IV of ch. 378, F.S., the
30         Resource Extraction Reclamation Act, and from
31         part IV of ch. 373, F.S., the Florida Water
                                  20
    9:27 AM   04/08/03                                 s2316.nr.01
                                                  SENATE AMENDMENT
    Bill No. SB 2316
    Amendment No. 1   Barcode 171384
 1         Resources Act of 1972, under specified
 2         circumstances; providing an additional
 3         circumstance for which a variance may be
 4         granted; amending s. 378.404, F.S.; authorizing
 5         the Department of Environmental Protection to
 6         grant variances from mining reclamation
 7         activities under certain conditions; amending
 8         s. 403.064, F.S.; providing that conclusions of
 9         described reuse feasibility studies shall
10         govern specified permitting decisions and the
11         feasibility of providing reclaimed water for
12         reuse purposes; amending s. 403.1835, F.S.;
13         authorizing the Department of Environmental
14         Protection to make specified deposits for the
15         purpose of enabling below-market interest rate
16         loans for treatment of polluted water; amending
17         s. 403.1837, F.S., repealing provisions
18         limiting the bonding authority of the Florida
19         Water Pollution Control Financing Corporation;
20         repealing obsolete provisions; providing for a
21         study of the feasibility of discharging
22         reclaimed wastewater into canals in a specified
23         area as an environmentally acceptable means of
24         accomplishing described objectives; requiring
25         reports; providing an effective date.
26  
27  
28  
29  
30  
31  
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