HB 0293

CS

CHAMBER ACTION

1	The Committee on Appropriations recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to water resources; amending s. 163.3167,
8	F.S.; requiring local governments to include projected
9	water use in comprehensive plans; amending s. 163.3177,
10	F.S.; requiring local governments to consider regional
11	water supply plans in their work plans for building water
12	supply facilities; amending s. 373.116, F.S.; providing
13	for notice by electronic mail; providing requirements for
14	notices published electronically; creating s. 373.2234,
15	F.S.; authorizing the governing board of a water
16	management district to adopt rules identifying certain
17	preferred water supply sources; providing requirements
18	with respect to such rules; providing construction;
19	amending s. 373.250, F.S.; authorizing water management
20	districts to require the use of reclaimed water in lieu of
21	surface or groundwater when the use of uncommitted
22	reclaimed water is environmentally, economically, and
23	technically feasible; providing construction with respect
24	to such authority; creating s. 373.228; F.S.; providing
25	legislative findings and intent with regard to landscape
26	irrigation design; requiring water management districts to
27	develop landscape irrigation and xeriscape design
28	standards; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Subsection (13) is added to section 163.3167,
33	Florida Statutes, to read:
34	163.3167  Scope of act.--
35	(13)  Each local government shall address in its
36	comprehensive plan, as enumerated in this chapter, the water
37	supply projects necessary to meet and achieve the existing and
38	projected water use demand for the established planning period,
39	considering the applicable plan developed pursuant to s.
40	373.0361.
41	Section 2.  Paragraph (c) of subsection (6) of section
42	163.3177, Florida Statutes, is amended to read:
43	163.3177  Required and optional elements of comprehensive
44	plan; studies and surveys.--
45	(6)  In addition to the requirements of subsections (1)-
46	(5), the comprehensive plan shall include the following
47	elements:
48	(c)  A general sanitary sewer, solid waste, drainage,
49	potable water, and natural groundwater aquifer recharge element
50	correlated to principles and guidelines for future land use,
51	indicating ways to provide for future potable water, drainage,
52	sanitary sewer, solid waste, and aquifer recharge protection
53	requirements for the area.  The element may be a detailed
54	engineering plan including a topographic map depicting areas of
55	prime groundwater recharge. The element shall describe the
56	problems and needs and the general facilities that will be
57	required for solution of the problems and needs.  The element
58	shall also include a topographic map depicting any areas adopted
59	by a regional water management district as prime groundwater
60	recharge areas for the Floridan or Biscayne aquifers, pursuant
61	to s. 373.0395.  These areas shall be given special
62	consideration when the local government is engaged in zoning or
63	considering future land use for said designated areas.  For
64	areas served by septic tanks, soil surveys shall be provided
65	which indicate the suitability of soils for septic tanks. By
66	December 1, 2006 January 1, 2005, or the Evaluation and
67	Appraisal Report adoption deadline established for the local
68	government pursuant to s. 163.3191(1) s. 163.3191(a), whichever
69	date occurs first, the element must consider the appropriate
70	water management district's regional water supply plan approved
71	pursuant to s. 373.0361. The element must include a work plan,
72	covering at least a 10-year planning period, for building water
73	supply facilities that are identified in the element as
74	necessary to serve existing and new development and for which
75	the local government is responsible. The work plan shall be
76	updated, at a minimum, every 5 years within 12 months after the
77	governing board of a water management district adopts an updated
78	regional water supply plan.
79	Section 3.  Subsection (2) of section 373.116, Florida
80	Statutes, is amended, and subsection (4) is added to that
81	section, to read:
82	373.116  Procedure for water use and impoundment
83	construction permit applications.--
84	(2)  Upon receipt of an application for a permit of the
85	type referred to in subsection (1), the governing board shall
86	cause a notice thereof to be published in a newspaper having
87	general circulation within the affected area or on the official
88	Internet website of the water management district. A notice
89	published on the website shall clearly state the date the notice
90	was first posted. In addition, the governing board shall send,
91	by regular or electronic mail, a copy of such notice to any
92	person who has filed a written request for notification of any
93	pending applications affecting this particular designated area.
94	At the option of the applicable county or city government,
95	notice of application for the consumptive use of water shall be
96	mailed by regular or electronic mail to the county and
97	appropriate city government from which boundaries the withdrawal
98	is proposed to be made.
99	(4)  The governing board may provide constructive notice of
100	intended agency action on a permit application by publication in
101	a newspaper of general circulation within the affected area or
102	by publication on the official Internet website of the water
103	management district. A notice published on the website shall
104	clearly state the date the notice was first posted. For permit
105	applicants and for persons who have requested actual notice of
106	intended agency action for that specific permit application,
107	such notice shall be mailed by regular or electronic mail.
108	Section 4.  Section 373.2234, Florida Statutes, is created
109	to read:
110	373.2234  Preferred water supply sources.--The governing
111	board of a water management district is authorized to adopt
112	rules that identify preferred water supply sources for
113	consumptive uses for which there is sufficient data to establish
114	that a preferred source will provide a substantial new water
115	supply to meet the existing and projected reasonable-beneficial
116	uses of a water supply planning region identified pursuant to s.
117	373.0361(1), while sustaining existing water resources and
118	natural systems. At a minimum, such rules must contain a
119	description of the preferred water supply source and an
120	assessment of the water the preferred source is projected to
121	produce. If an applicant proposes to use a preferred water
122	supply source, that applicant's proposed water use is subject to
123	s. 373.223(1), except that the proposed use of a preferred water
124	supply source must be considered by a water management district
125	when determining whether a permit applicant's proposed use of
126	water is consistent with the public interest pursuant to s.
127	373.223(1)(c). A consumptive use permit issued for the use of a
128	preferred water supply source must be granted for at least a 20-
129	year period and may be subject to the compliance reporting
130	provisions of s. 373.236(3). Nothing in this section shall be
131	construed to exempt the use of preferred water supply sources
132	from the provisions of ss. 373.016(4) and 373.223(2) and (3), or
133	be construed to provide that permits issued for the use of a
134	nonpreferred water supply source must be issued for a duration
135	of less than 20 years or that the use of a nonpreferred water
136	supply source is not consistent with the public interest.
137	Additionally, nothing in this section shall be interpreted to
138	require the use of a preferred water supply source or to
139	restrict or prohibit the use of a nonpreferred water supply
140	source.  Rules adopted by the governing board of a water
141	management district to implement this section shall specify that
142	the use of a preferred water supply source is not required, and
143	that the use of a nonpreferred water supply source is not
144	restricted or prohibited.
145	Section 5.  Paragraph (c) is added to subsection (2) of
146	section 373.250, Florida Statutes, to read:
147	373.250  Reuse of reclaimed water.--
148	(2)
149	(c)  A water management district may require the use of
150	reclaimed water in lieu of surface water or groundwater when the
151	use of uncommitted reclaimed water is environmentally,
152	economically, and technically feasible and of such quality and
153	reliability as is necessary to the user. However, this paragraph
154	does not authorize a water management district to require a
155	provider of reclaimed water to redirect reclaimed water from one
156	user to another or to provide uncommitted water to a specific
157	user if such water is anticipated to be used by the provider, or
158	a different user selected by the provider, within a reasonable
159	amount of time.
160	Section 6.  Section 373.228, Florida Statutes, is created
161	to read:
162	373.228 Landscape irrigation design.--
163	(1)  The Legislature finds that multiple areas throughout
164	the state have been identified by water management districts as
165	water resource caution areas, which indicates that in the near
166	future water demand in those areas will exceed the current
167	available water supply and that conservation is one of the
168	mechanisms by which future water demand will be met.
169	(2)  The Legislature finds that landscape irrigation
170	comprises a significant portion of water use and that the
171	current typical landscape irrigation system and xeriscape
172	designs offer significant potential water conservation benefits.
173	(3)  It is the intent of the Legislature to improve
174	landscape irrigation water use efficiency by ensuring that
175	landscape irrigation systems meet or exceed minimum design
176	criteria.
177	(4)  The water management districts shall work with the
178	Florida Nurserymen and Growers Association, the Florida Chapter
179	of the American Society of Landscape Architects, the Florida
180	Irrigation Society, the Department of Agriculture and Consumer
181	Services, the Institute of Food and Agricultural Sciences, the
182	Department of Environmental Protection, the Department of
183	Transportation, the Florida League of Cities, the Florida
184	Association of Counties, and the Florida Association of
185	Community Developers to develop landscape irrigation and
186	xeriscape design standards for new construction which
187	incorporate a landscape irrigation system and develop
188	scientifically based model guidelines for urban, commercial, and
189	residential landscape irrigation, including drip irrigation, for
190	plants, trees, sod, and other landscaping.  The landscape and
191	irrigation design standards shall be based on the irrigation
192	code defined in the Florida Building Code, Plumbing Volume,
193	Appendix F.  Local governments shall use the standards and
194	guidelines when developing landscape irrigation and xeriscape
195	ordinances. Every 5 years, the agencies and entities specified
196	in this subsection shall review the standards and guidelines to
197	determine whether new research findings require a change or
198	modification of the standards and guidelines.
199	Section 7.  This act shall take effect upon becoming a law.

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