Senate Bill sb2316

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    Florida Senate - 2003                                  SB 2316

    By Senator Atwater





    25-1337-03                                         See HB 1459

  1                      A bill to be entitled

  2         An act relating to water supplies; providing

  3         legislative findings and intent; providing for

  4         the development of a water conservation

  5         guidance manual by the Department of

  6         Environmental Protection; providing for purpose

  7         and contents of the manual and requirements

  8         with respect thereto; requiring water

  9         management districts to adopt the manual in

10         their rules by a specified date; requiring

11         public water supply utilities to develop water

12         conservation programs based upon options

13         contained in the manual; amending s. 373.023,

14         F.S.; revising scope and applicability of the

15         Florida Water Resources Act of 1972 to exclude

16         from regulation under the act water produced by

17         domestic wastewater treatment facilities;

18         amending s. 373.0361, F.S.; providing

19         additional components of regional water supply

20         plans; providing that a district water

21         management plan may not be used as criteria for

22         the review of permits for consumptive uses of

23         water unless the plan or applicable portion

24         thereof has been adopted by rule; amending s.

25         373.0831, F.S.; revising the criteria by which

26         water supply development projects may receive

27         priority consideration for funding assistance;

28         providing for permitting and funding of a

29         proposed alternative water supply project

30         identified in the relevant approved regional

31         water supply plan; amending s. 373.1961, F.S.;

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         encouraging water management district governing

 2         boards to establish revolving loan trust funds

 3         for specified purposes; amending s. 373.223,

 4         F.S.; including certain utilities within

 5         provisions which require the consideration of

 6         specified factors and conditions by a water

 7         management governing board or the Department of

 8         Environmental Protection prior to approval of a

 9         water use permit; amending s. 373.236, F.S.;

10         providing for consumptive use permits of

11         extended duration where specified conservation

12         measures are in effect; amending s. 373.246,

13         F.S.; providing requirements of a permittee

14         with respect to compliance with a water

15         shortage order; amending s. 373.250, F.S.;

16         providing construction with respect to

17         provisions governing reuse of reclaimed water;

18         amending s. 378.212, F.S.; authorizing the

19         granting of a variance from pt. IV of ch. 378,

20         F.S., the Resource Extraction Reclamation Act,

21         and from ch. 373, F.S., the Florida Water

22         Resources Act of 1972, under specified

23         circumstances; providing an additional

24         circumstance for which a variance may be

25         granted; amending s. 403.064, F.S.; providing

26         that conclusions of described reuse feasibility

27         studies shall govern specified permitting

28         decisions and the feasibility of providing

29         reclaimed water for reuse purposes; amending s.

30         403.1835, F.S.; authorizing the Department of

31         Environmental Protection to make specified

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         deposits for the purpose of enabling

 2         below-market interest rate loans for treatment

 3         of polluted water; amending s. 259.03, F.S.;

 4         revising the definition of "water resource

 5         development project"; providing for a study of

 6         the feasibility of discharging reclaimed

 7         wastewater into canals in a specified area as

 8         an environmentally acceptable means of

 9         accomplishing described objectives; requiring

10         reports; providing an effective date.

11  

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

13  

14         Section 1.  (1)  The Legislature recognizes that the

15  proper conservation of water is an important means of

16  achieving the economic and efficient utilization of water

17  necessary to constitute a reasonable and beneficial use.  The

18  Legislature encourages the development and use of water

19  conservation measures that are effective, flexible, and

20  affordable.  In the context of the use of water for public

21  supply provided by a water utility, the Legislature intends

22  for a variety of conservation measures to be available and

23  used to encourage efficient water use.  The Legislature finds

24  that the social, economic, and cultural conditions of this

25  state relating to the use of public water supply vary by

26  geographic region, and thus water utilities must have the

27  flexibility to tailor water conservation measures to best suit

28  their individual circumstances.

29         (2)  In furtherance of the findings in subsection (1),

30  the Department of Environmental Protection shall develop a

31  water conservation guidance manual containing a menu of water

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1  conservation measures from which public water supply utilities

 2  may select in the development of a water conservation program

 3  tailored for their individual service areas that is effective

 4  and does not impose undue costs or burdens on customers.  The

 5  water conservation guidance manual may contain measures such

 6  as billing notices informing customers of the need to conserve

 7  water; ordinances requiring low-flow plumbing; rebate programs

 8  for the installation of water-saving plumbing or appliances;

 9  general water conservation educational programs; and water

10  conservation or drought rate structures that encourage

11  customers to conserve water through appropriate price

12  signals.  If the water conservation guidance manual includes

13  the option of adopting water conservation or drought rate

14  structures, the department shall specifically set forth in the

15  manual that it is the responsibility of the appropriate

16  utility to determine the rates it will charge its customers

17  and that the role of the department or water management

18  district is confined to the review of those rate structures to

19  determine whether they encourage water conservation.  The

20  department shall also set forth in the water conservation

21  guidance manual that a utility need not adopt a water

22  conservation or drought rate structure if the utility employs

23  other measures that are equally effective or more effective.

24         (3)  The Department of Environmental Protection shall

25  develop the water conservation guidance manual no later than

26  November 15, 2003.  The department shall develop the manual in

27  consultation with representatives from the water management

28  districts, public water supply utilities, domestic wastewater

29  utilities, environmental and community organizations, business

30  organizations, and municipalities and counties.  The water

31  management districts shall, by March 15, 2004, adopt the water

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1  conservation guidance manual by reference in their rules

 2  governing the review of applications for permits under part II

 3  of chapter 373, Florida Statutes.  Once the water conservation

 4  guidance manual is adopted by rule, a public water supply

 5  utility shall develop a water conservation program from the

 6  options contained in the manual. The program shall be used to

 7  satisfy water conservation requirements imposed as a condition

 8  to obtaining a permit under part II of chapter 373, Florida

 9  Statutes.  The department, in consultation with the

10  aforementioned entities, may periodically amend or revise the

11  water conservation guidance manual as appropriate to reflect

12  changed circumstances or new technologies or ideas.  The

13  findings and provisions in this section shall not be construed

14  to apply to uses of water other than potable water supply.

15         Section 2.  Subsection (1) of section 373.023, Florida

16  Statutes, is amended to read:

17         373.023  Scope and application.--

18         (1)  All waters in the state, except water produced by

19  domestic wastewater treatment facilities subject to regulation

20  under s. 403.064, are subject to regulation under the

21  provisions of this chapter unless specifically exempted by

22  general or special law.

23         Section 3.  Subsections (2) and (6) of section

24  373.0361, Florida Statutes, are amended to read:

25         373.0361  Regional water supply planning.--

26         (2)  Each regional water supply plan shall be based on

27  at least a 20-year planning period and shall include, but not

28  be limited to:

29         (a)  A water supply development component that

30  includes:

31  

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         1.  A quantification of the water supply needs for all

 2  existing and reasonably projected future uses within the

 3  planning horizon. The level-of-certainty planning goal

 4  associated with identifying the water supply needs of existing

 5  and future reasonable-beneficial uses shall be based upon

 6  meeting those needs for a 1-in-10-year drought event.

 7         2.  A list of water source options for water supply

 8  development, including traditional and alternative sources,

 9  from which local government, government-owned and privately

10  owned utilities, self-suppliers, and others may choose, which

11  will exceed the needs identified in subparagraph 1.

12         3.  For each option listed in subparagraph 2., the

13  estimated amount of water available for use and the estimated

14  costs of and potential sources of funding for water supply

15  development.

16         4.  A list of water supply development projects that

17  meet the criteria in s. 373.0831(4).

18         (b)  A water resource development component that

19  includes:

20         1.  A listing of those water resource development

21  projects that support water supply development.

22         2.  For each water resource development project listed:

23         a.  An estimate of the amount of water to become

24  available through the project.

25         b.  The timetable for implementing or constructing the

26  project and the estimated costs for implementing, operating,

27  and maintaining the project.

28         c.  Sources of funding and funding needs.

29         d.  Who will implement the project and how it will be

30  implemented.

31  

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         (c)  The recovery and prevention strategy described in

 2  s. 373.0421(2).

 3         (d)  A funding strategy for water resource development

 4  projects, which shall be reasonable and sufficient to pay the

 5  cost of constructing or implementing all of the listed

 6  projects.

 7         (e)  Consideration of how the options addressed in

 8  paragraphs (a) and (b) serve the public interest or save costs

 9  overall by preventing the loss of natural resources or

10  avoiding greater future expenditures for water resource

11  development or water supply development. However, unless

12  adopted by rule, these considerations do not constitute final

13  agency action.

14         (f)  The technical data and information applicable to

15  the planning region which are contained in the district water

16  management plan and are necessary to support the regional

17  water supply plan.

18         (g)  The minimum flows and levels established for water

19  resources within the planning region.

20         (h)  Reservations of water adopted by rule pursuant to

21  s. 373.223(4).

22         (i)  An analysis, developed in cooperation with the

23  department, of areas or instances in which the variance

24  provisions of s. 378.212(1)(g) may be used to create water

25  supply development or water resource development projects.

26         (6)  Nothing contained in the water supply development

27  component of the district water management plan shall be

28  construed to require local governments, government-owned or

29  privately owned water utilities, self-suppliers, or other

30  water suppliers to select a water supply development option

31  identified in the component merely because it is identified in

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1  the plan, nor may the plan be used as criteria for the review

 2  of permits under part II unless the plan, or applicable

 3  portion thereof, has been adopted by rule. However, this

 4  subsection shall not be construed to limit the authority of

 5  the department or governing board under part II.

 6         Section 4.  Subsections (3) and (4) of section

 7  373.0831, Florida Statutes, are amended to read:

 8         373.0831  Water resource development; water supply

 9  development.--

10         (3)  The water management districts shall fund and

11  implement water resource development as defined in s. 373.019.

12  The water management districts are encouraged to implement

13  water resource development as expeditiously as possible in

14  areas subject to regional water supply plans. Each governing

15  board shall include in its annual budget the amount needed for

16  the fiscal year to implement water resource development

17  projects, as prioritized in its regional water supply plans.

18  When submitting its annual budget to the Governor s office for

19  review under s. 373.536, the governing board shall explain how

20  each water resource development project will produce

21  additional water available for consumptive uses and estimate

22  the quantity of water to be produced.

23         (4)(a)  Water supply development projects which are

24  consistent with the relevant regional water supply plans and

25  which meet at least one or more of the following criteria

26  shall receive priority consideration for state or water

27  management district funding assistance:

28         1.  The project supports establishment of a dependable,

29  sustainable supply of water which is not otherwise financially

30  feasible;

31  

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         2.  The project provides substantial environmental

 2  benefits by preventing or limiting adverse water resource

 3  impacts, but requires funding assistance to be economically

 4  competitive with other options; or

 5         3.  The project significantly implements reuse,

 6  storage, recharge, or conservation of water in a manner that

 7  contributes to the efficient use and sustainability of

 8  regional water supply sources.

 9         (b)  Water supply development projects which meet the

10  criteria in paragraph (a) and also bring about replacement of

11  existing sources in order to help implement a minimum flow or

12  level shall be given first consideration for state or water

13  management district funding assistance.

14         (c)  If a proposed alternative water supply project is

15  identified in the relevant approved regional water supply

16  plan, the project shall receive:

17         1.  A 20-year consumptive use permit, if it otherwise

18  meets the permit requirements under ss. 373.223 and 373.236

19  and rules adopted thereunder.

20         2.  Priority funding pursuant to s. 373.1961(2) with

21  the implementation of the water resource development component

22  of the proposed project.

23         Section 5.  Paragraph (a) of subsection (2) of section

24  373.1961, Florida Statutes, is amended to read:

25         373.1961  Water production.--

26         (2)  The Legislature finds that, due to a combination

27  of factors, vastly increased demands have been placed on

28  natural supplies of fresh water, and that, absent increased

29  development of alternative water supplies, such demands may

30  increase in the future. The Legislature also finds that

31  potential exists in the state for the production of

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1  significant quantities of alternative water supplies,

 2  including reclaimed water, and that water production includes

 3  the development of alternative water supplies, including

 4  reclaimed water, for appropriate uses. It is the intent of the

 5  Legislature that utilities develop reclaimed water systems,

 6  where reclaimed water is the most appropriate alternative

 7  water supply option, to deliver reclaimed water to as many

 8  users as possible through the most cost-effective means, and

 9  to construct reclaimed water system infrastructure to their

10  owned or operated properties and facilities where they have

11  reclamation capability. It is also the intent of the

12  Legislature that the water management districts which levy ad

13  valorem taxes for water management purposes should share a

14  percentage of those tax revenues with water providers and

15  users, including local governments, water, wastewater, and

16  reuse utilities, municipal, industrial, and agricultural water

17  users, and other public and private water users, to be used to

18  supplement other funding sources in the development of

19  alternative water supplies. The Legislature finds that public

20  moneys or services provided to private entities for such uses

21  constitute public purposes which are in the public interest.

22  In order to further the development and use of alternative

23  water supply systems, including reclaimed water systems, the

24  Legislature provides the following:

25         (a)  The governing boards of the water management

26  districts where water resource caution areas have been

27  designated shall include in their annual budgets an amount for

28  the development of alternative water supply systems, including

29  reclaimed water systems, pursuant to the requirements of this

30  subsection. Beginning in 1996, such amounts shall be made

31  available to water providers and users no later than December

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1  31 of each year, through grants, matching grants, revolving

 2  loans, or the use of district lands or facilities pursuant to

 3  the requirements of this subsection and guidelines established

 4  by the districts. Without diminishing amounts available

 5  through other means described in this paragraph, the governing

 6  boards are encouraged to consider establishing revolving loan

 7  funds to expand the total funds available to accomplish the

 8  objectives of this section.  A revolving loan fund created

 9  pursuant to this paragraph shall be a nonlapsing fund from

10  which the water management district may make loans with

11  interest rates below prevailing market rates to public or

12  private entities for the purposes described in this section.

13  The governing boards may adopt resolutions to establish

14  revolving loan funds which shall specify the details of the

15  administration of the fund, the procedures for applying for

16  loans from the fund, the criteria for awarding loans from the

17  fund, the initial capitalization of the fund, and the goals

18  for future capitalization of the fund in subsequent budget

19  years.  Revolving loan funds created pursuant to this

20  paragraph shall be used to expand the total sums and sources

21  of cooperative funding available for the development of

22  alternative water supplies.  The Legislature does not intend

23  for the creation of revolving loan trust funds to supplant or

24  otherwise reduce existing sources or amounts of funds

25  currently available through other means.

26         Section 6.  Subsection (3) of section 373.223, Florida

27  Statutes, is amended to read:

28         373.223  Conditions for a permit.--

29         (3)  Except for the transport and use of water supplied

30  by the Central and Southern Florida Flood Control Project, and

31  anywhere in the state when the transport and use of water is

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1  supplied exclusively for bottled water as defined in s.

 2  500.03(1)(d), any water use permit applications pending as of

 3  April 1, 1998, with the Northwest Florida Water Management

 4  District, and self-suppliers of water for which the proposed

 5  water source and area of use or application are located on

 6  contiguous private properties, utilities implementing one or

 7  more options of an approved regional water supply plan

 8  prepared pursuant to ss. 373.036 and 373.0361, utilities

 9  implementing interconnections, and utilities owning or

10  operating facilities located in more than one county, when

11  evaluating whether a potential transport and use of ground or

12  surface water across county boundaries is consistent with the

13  public interest, pursuant to paragraph (1)(c), the governing

14  board or department shall consider:

15         (a)  The proximity of the proposed water source to the

16  area of use or application.

17         (b)  All impoundments, streams, groundwater sources, or

18  watercourses that are geographically closer to the area of use

19  or application than the proposed source, and that are

20  technically and economically feasible for the proposed

21  transport and use.

22         (c)  All economically and technically feasible

23  alternatives to the proposed source, including, but not

24  limited to, desalination, conservation, reuse of nonpotable

25  reclaimed water and stormwater, and aquifer storage and

26  recovery.

27         (d)  The potential environmental impacts that may

28  result from the transport and use of water from the proposed

29  source, and the potential environmental impacts that may

30  result from use of the other water sources identified in

31  paragraphs (b) and (c).

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         (e)  Whether existing and reasonably anticipated

 2  sources of water and conservation efforts are adequate to

 3  supply water for existing legal uses and reasonably

 4  anticipated future needs of the water supply planning region

 5  in which the proposed water source is located.

 6         (f)  Consultations with local governments affected by

 7  the proposed transport and use.

 8         (g)  The value of the existing capital investment in

 9  water-related infrastructure made by the applicant.

10  

11  Where districtwide water supply assessments and regional water

12  supply plans have been prepared pursuant to ss. 373.036 and

13  373.0361, the governing board or the department shall use the

14  applicable plans and assessments as the basis for its

15  consideration of the applicable factors in this subsection.

16         Section 7.  Subsection (4) is added to section 373.236,

17  Florida Statutes, to read:

18         373.236  Duration of permits; compliance reports.--

19         (4)  The department or the water management district

20  shall issue permits of longer duration than specified in

21  subsection (1), subsection (2), or subsection (3) to

22  applicants who implement and provide reasonable assurances of

23  effective and efficient conservation measures that exceed the

24  average for the industry or type of water use, and where

25  sufficient data exists to provide reasonable assurance that

26  the conditions for the issuance of an extended-duration permit

27  will be met for the duration of the permit.  Permits issued

28  for a duration of 10 years or longer pursuant to this

29  subsection shall be subject to the provisions of subsection

30  (3).

31  

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         Section 8.  Subsection (6) of section 373.246, Florida

 2  Statutes, is amended to read:

 3         373.246  Declaration of water shortage or emergency.--

 4         (6)  The governing board or the department shall notify

 5  each permittee in the district by regular mail of any change

 6  in the condition of his or her permit or any suspension of his

 7  or her permit or of any other restriction on the permittee's

 8  use of water for the duration of the water shortage. The

 9  permittee shall comply with such orders, subject to the right

10  to challenge such orders as provided herein.  However, an

11  applicant for a permit under this part shall not be required

12  to demonstrate the ability to comply with future potential

13  orders issued under this section as a condition to obtaining

14  the permit.

15         Section 9.  Subsection (4) of section 373.250, Florida

16  Statutes, is amended to read:

17         373.250  Reuse of reclaimed water.--

18         (4)  Nothing in this section shall impair a water

19  management district's authority to plan for and regulate

20  consumptive uses of water under this chapter. However, neither

21  this section nor this part shall be construed to grant the

22  water management districts the authority to require a utility

23  to provide reclaimed water, the provision of which shall be

24  solely governed by s. 403.064.

25         Section 10.  Subsection (1) of section 378.212, Florida

26  Statutes, is amended to read:

27         378.212  Variances.--

28         (1)  Upon application, the secretary may grant a

29  variance from the provisions of this part, part IV, and

30  chapter 373, or the rules adopted pursuant thereto. Variances

31  

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1  and renewals thereof may be granted for any one of the

 2  following reasons:

 3         (a)  There is no practicable means known or available

 4  to comply with the provisions of this part or the rules

 5  adopted pursuant thereto.

 6         (b)  Compliance with a particular requirement or

 7  requirements from which a variance is sought will necessitate

 8  the taking of measures which must be spread over a

 9  considerable period of time. A variance granted for this

10  reason shall prescribe a timetable for the taking of the

11  measures required.

12         (c)  To relieve or prevent hardship, including economic

13  hardship, of a kind other than those provided for in

14  paragraphs (a) and (b).

15         (d)  To accommodate specific phosphate mining,

16  processing or chemical plant uses that otherwise would be

17  inconsistent with the requirements of this part.

18         (e)  To provide for an experimental technique that

19  would advance the knowledge of reclamation and restoration

20  methods.

21         (f)  To accommodate projects, including those proposing

22  offsite mitigation, that provide a significant regional

23  benefit for wildlife and the environment.

24         (g)  To accommodate reclamation that provides water

25  supply development or water resource development consistent

26  with the applicable regional water supply plan approved

27  pursuant to s. 373.0361, provided that regional water

28  resources are not adversely affected.

29         Section 11.  Subsections (1), (4), and (6) of section

30  403.064, Florida Statutes, are amended to read:

31         403.064  Reuse of reclaimed water.--

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         (1)  The encouragement and promotion of water

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

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

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

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

 6  existing and future water supply needs while sustaining

 7  natural systems. The Legislature further finds that for those

 8  wastewater treatment plants permitted and operated under an

 9  approved reuse program by the department, the reclaimed water

10  shall be considered environmentally acceptable and not a

11  threat to public health and safety. The Legislature encourages

12  the development of incentive-based programs for reuse

13  implementation.

14         (4)  The study required under subsection (2) shall be

15  performed by the applicant, and, if the study shows that the

16  reuse is feasible, the applicant must give significant

17  consideration to its implementation if the study complies with

18  the requirements of subsections (2) and (3). The conclusions

19  of the study shall govern permitting decisions under this part

20  and part II of chapter 373.

21         (6)  A reuse feasibility study prepared under

22  subsection (2) satisfies a water management district

23  requirement to conduct a reuse feasibility study imposed on a

24  local government or utility that has responsibility for

25  wastewater management, and the conclusions of the study shall

26  determine the feasibility of providing reclaimed water for

27  reuse under part II of chapter 373.

28         Section 12.  Paragraph (b) of subsection (3) of section

29  403.1835, Florida Statutes, is amended to read:

30         403.1835  Water pollution control financial

31  assistance.--

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         (3)  The department may provide financial assistance

 2  through any program authorized under s. 603 of the Federal

 3  Water Pollution Control Act (Clean Water Act), Pub. L. No.

 4  92-500, as amended, including, but not limited to, making

 5  grants and loans, providing loan guarantees, purchasing loan

 6  insurance or other credit enhancements, and buying or

 7  refinancing local debt. This financial assistance must be

 8  administered in accordance with this section and applicable

 9  federal authorities. The department shall administer all

10  programs operated from funds secured through the activities of

11  the Florida Water Pollution Control Financing Corporation

12  under s. 403.1837, to fulfill the purposes of this section.

13         (b)  The department may make or request the corporation

14  to make loans, grants, and deposits to other entities eligible

15  to participate in the financial assistance programs authorized

16  under the Federal Water Pollution Control Act, or as a result

17  of other federal action, which entities may pledge any revenue

18  available to them to repay any funds borrowed. Notwithstanding

19  s. 18.10, the department may make deposits to financial

20  institutions that earn less than the prevailing rate for

21  United States Treasury securities with corresponding

22  maturities for the purpose of enabling such financial

23  institutions to make below-market interest rate loans to

24  entities qualified to receive loans under this section and the

25  rules of the department.

26         Section 13.  Subsection (6) of section 259.03, Florida

27  Statutes, is amended to read:

28         259.03  Definitions.--The following terms and phrases

29  when used in this chapter shall have the meanings ascribed to

30  them in this section, except where the context clearly

31  indicates a different meaning:

                                  17

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1         (6)  "Water resource development project" means a

 2  project eligible for funding pursuant to s. 259.105 that

 3  increases the amount of water available to meet the needs of

 4  natural systems and the citizens of the state by enhancing or

 5  restoring aquifer recharge, facilitating the capture and

 6  storage of excess flows in surface waters, or promoting reuse.

 7  The implementation of eligible projects under s. 259.105

 8  includes land acquisition, land and water body restoration,

 9  aquifer storage and recovery facilities, surface water

10  reservoirs, and other capital improvements. The term does not

11  include construction of potable water treatment, transmission,

12  or distribution facilities.

13         Section 14.  The Legislature finds that, within the

14  area identified in the Lower East Coast Regional Water Supply

15  Plan approved by the South Florida Water Management District

16  pursuant to section 373.0361, Florida Statutes, the

17  groundwater levels can benefit from augmentation. The

18  Legislature finds that the discharge of reclaimed water into

19  canals for transport and subsequent reuse may provide an

20  environmentally acceptable means to augment water supplies and

21  enhance natural systems; however, the Legislature also

22  recognizes that there are water quality and water quantity

23  issues that must be better understood and resolved. In

24  addition, there are cost savings possible by collocating

25  enclosed conduits for conveyance of water for reuse in this

26  area within canal rights-of-way that should be investigated.

27  Toward that end, the Department of Environmental Protection,

28  in consultation with the South Florida Water Management

29  District, Southeast Florida utilities, affected local

30  governments, including local governments with principal

31  responsibility for the operation and maintenance of a water

                                  18

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    Florida Senate - 2003                                  SB 2316
    25-1337-03                                         See HB 1459




 1  control system capable of conveying reclaimed wastewater for

 2  reuse, representatives of the environmental and engineering

 3  communities, public health professionals, and individuals

 4  having expertise in water quality, shall conduct a study to

 5  investigate the feasibility of discharging reclaimed

 6  wastewater into canals as an environmentally acceptable means

 7  of augmenting groundwater supplies, enhancing natural systems,

 8  and conveying reuse water within enclosed conduits within the

 9  canal right-of-way. The study shall include an assessment of

10  the water quality, water supply, public health, technical, and

11  legal implications related to the canal discharge and

12  collocation concepts. The department shall issue a preliminary

13  written report containing draft findings and recommendations

14  for public comment by November 1, 2003. The department shall

15  provide a written report on the results of its study to the

16  Governor and the substantive committees of the House of

17  Representatives and the Senate by January 31, 2004. Nothing in

18  this section shall be used to alter the purpose of the

19  Comprehensive Everglades Restoration Plan or the

20  implementation of the Water Resources Development Act of 2000.

21         Section 15.  This act shall take effect upon becoming a

22  law.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.