HB 0293

1	A bill to be entitled
2	An act relating to water resources; amending s. 163.3167,
3	F.S.; requiring local governments to include projected
4	water use in comprehensive plans; amending s. 163.3177,
5	F.S.; requiring local governments to consider regional
6	water supply plans in their work plans for building water
7	supply facilities; requiring the updating of work plans;
8	providing that amendments to incorporate the work plan do
9	not count toward the limitation on frequency of adoption
10	of amendments to the comprehensive plan; amending s.
11	373.116, F.S.; providing that local governments may
12	receive electronic notices of applications for consumptive
13	use permits; creating s. 373.2234, F.S.; authorizing the
14	governing board of a water management district to adopt
15	rules identifying certain preferred water supply sources;
16	providing requirements with respect to such rules;
17	providing construction; amending s. 373.250, F.S.;
18	authorizing water management districts to require the use
19	of reclaimed water in lieu of surface or groundwater when
20	the use of uncommitted reclaimed water is environmentally,
21	economically, and technically feasible; providing
22	construction with respect to such authority; creating s.
23	373.228; F.S.; providing legislative findings and intent
24	with regard to landscape irrigation design; requiring
25	water management districts to develop landscape irrigation
26	and xeriscape design standards; amending s. 159.803, F.S.;
27	revising the definition of "priority project"; creating s.
28	373.227, F.S.; requiring the development of a
29	comprehensive statewide water conservation program for
30	public water supply; establishing the purposes of the
31	program; requiring the creation of a clearinghouse or
32	inventory to provide an integrated database for
33	information on public water supply conservation programs;
34	authorizing public water supply utilities to propose goal-
35	based water conservation plans with measurable goals;
36	providing that goal-based water conservation plans that
37	are developed by public water supply utilities and that
38	provide reasonable assurance of achieving water
39	conservation at least as well as conservation requirements
40	adopted by the appropriate water management district meet
41	water conservation requirements imposed as a condition of
42	obtaining a consumptive use permit; requiring the
43	submission of a report by the Department of Environmental
44	Protection; providing rulemaking authority to the
45	Department of Environmental Protection and the water
46	management districts; amending s. 373.0361, F.S.;
47	providing for a public workshop on the development of
48	regional water supply plans that include the consideration
49	of population projections; providing for a list of water
50	source options in regional water supply plans; providing
51	additional regional water supply plan components;
52	including conservation measures in regional water supply
53	plans; revising specified reporting requirements of the
54	Department of Environmental Protection; providing that a
55	district water management plan may not be used as criteria
56	for the review of permits for consumptive uses of water
57	unless the plan or applicable portion thereof has been
58	adopted by rule; providing construction; amending s.
59	373.0831, F.S.; revising the criteria by which water
60	supply development projects may receive priority
61	consideration for funding assistance; providing for
62	permitting and funding of a proposed alternative water
63	supply project identified in the relevant approved
64	regional water supply plan; amending s. 373.1961, F.S.;
65	providing funding priority; providing for the
66	establishment of a revolving loan fund for alternative
67	water supply projects; providing conditions for certain
68	projects to receive funding assistance; amending s.
69	373.536, F.S.; expanding requirements of the 5-year water
70	resource development work program for water management
71	districts; amending s. 403.064, F.S.; revising provisions
72	relating to reuse feasibility studies; providing for
73	metering use of reclaimed water and volume-based rates
74	therefor; requiring wastewater utilities to submit plans
75	for metering use and volume-based rate structures to the
76	department; creating s. 403.0645, F.S.; requiring certain
77	uses of reclaimed water at state facilities; requiring
78	state agencies and water management districts to submit to
79	the Secretary of Environmental Protection periodic reports
80	concerning reclaimed water use; amending s. 403.121, F.S.;
81	conforming administrative penalties assessed against
82	certain public water systems to federal regulations;
83	amending s. 403.1835, F.S.; authorizing the Department of
84	Environmental Protection to make specified deposits for
85	the purpose of enabling below-market interest rate loans
86	for treatment of polluted water; providing for a study of
87	the feasibility of discharging reclaimed wastewater into
88	canals and the aquifer system in a specified area as an
89	environmentally acceptable means of accomplishing
90	described objectives; requiring reports; providing an
91	effective date.
92
93	Be It Enacted by the Legislature of the State of Florida:
94
95	Section 1.  Subsection (13) is added to section 163.3167,
96	Florida Statutes, to read:
97	163.3167  Scope of act.--
98	(13)  Each local government shall address in its
99	comprehensive plan, as enumerated in this chapter, the water
100	supply sources necessary to meet and achieve the existing and
101	projected water use demand for the established planning period,
102	considering the applicable plan developed pursuant to s.
103	373.0361.
104	Section 2.  Paragraph (c) of subsection (6) of section
105	163.3177, Florida Statutes, is amended to read:
106	163.3177  Required and optional elements of comprehensive
107	plan; studies and surveys.--
108	(6)  In addition to the requirements of subsections (1)-
109	(5), the comprehensive plan shall include the following
110	elements:
111	(c)  A general sanitary sewer, solid waste, drainage,
112	potable water, and natural groundwater aquifer recharge element
113	correlated to principles and guidelines for future land use,
114	indicating ways to provide for future potable water, drainage,
115	sanitary sewer, solid waste, and aquifer recharge protection
116	requirements for the area.  The element may be a detailed
117	engineering plan including a topographic map depicting areas of
118	prime groundwater recharge. The element shall describe the
119	problems and needs and the general facilities that will be
120	required for solution of the problems and needs.  The element
121	shall also include a topographic map depicting any areas adopted
122	by a regional water management district as prime groundwater
123	recharge areas for the Floridan or Biscayne aquifers, pursuant
124	to s. 373.0395.  These areas shall be given special
125	consideration when the local government is engaged in zoning or
126	considering future land use for said designated areas.  For
127	areas served by septic tanks, soil surveys shall be provided
128	which indicate the suitability of soils for septic tanks. By
129	December 1, 2006 January 1, 2005, or the Evaluation and
130	Appraisal Report adoption deadline established for the local
131	government pursuant to s. 163.3191(a), whichever date occurs
132	first, the element must consider the appropriate water
133	management district's regional water supply plan approved
134	pursuant to s. 373.0361. The element must include a work plan,
135	covering at least a 10-year planning period, for building water
136	supply facilities that are identified in the element as
137	necessary to serve existing and new development and for which
138	the local government is responsible.  The work plan shall be
139	updated, at a minimum, every 5 years within 12 months after the
140	governing board of a water management district approves an
141	updated regional water supply plan.  Amendments to incorporate
142	the work plan do not count toward the limitation on frequency of
143	adoption of amendments to the comprehensive plan.
144	Section 3.  Subsection (2) of section 373.116, Florida
145	Statutes, is amended to read:
146	373.116  Procedure for water use and impoundment
147	construction permit applications.--
148	(2)  Upon receipt of an application for a permit of the
149	type referred to in subsection (1), the governing board shall
150	cause a notice thereof to be published in a newspaper having
151	general circulation within the affected area. In addition, the
152	governing board shall send, by regular or electronic mail, a
153	copy of such notice to any person who has filed a written
154	request for notification of any pending applications affecting
155	this particular designated area. At the option of the applicable
156	county or city government, notice of application for the
157	consumptive use of water shall be mailed by regular or
158	electronic mail to the county and appropriate city government
159	from which boundaries the withdrawal is proposed to be made.
160	Section 4.  Section 373.2234, Florida Statutes, is created
161	to read:
162	373.2234  Preferred water supply sources.--The governing
163	board of a water management district is authorized to adopt
164	rules that identify preferred water supply sources for
165	consumptive uses for which there is sufficient data to establish
166	that a preferred source will provide a substantial new water
167	supply to meet the existing and projected reasonable-beneficial
168	uses of a water supply planning region identified pursuant to s.
169	373.0361(1), while sustaining existing water resources and
170	natural systems. At a minimum, such rules must contain a
171	description of the preferred water supply source and an
172	assessment of the water the preferred source is projected to
173	produce. If an applicant proposes to use a preferred water
174	supply source, that applicant's proposed water use is subject to
175	s. 373.223(1), except that the proposed use of a preferred water
176	supply source must be considered by a water management district
177	when determining whether a permit applicant's proposed use of
178	water is consistent with the public interest pursuant to s.
179	373.223(1)(c). A consumptive use permit issued for the use of a
180	preferred water supply source must be granted, when requested by
181	the applicant, for at least a 20-year period and may be subject
182	to the compliance reporting provisions of s. 373.236(3). Nothing
183	in this section shall be construed to exempt the use of
184	preferred water supply sources from the provisions of ss.
185	373.016(4) and 373.223(2) and (3), or be construed to provide
186	that permits issued for the use of a nonpreferred water supply
187	source must be issued for a duration of less than 20 years or
188	that the use of a nonpreferred water supply source is not
189	consistent with the public interest. Additionally, nothing in
190	this section shall be interpreted to require the use of a
191	preferred water supply source or to restrict or prohibit the use
192	of a nonpreferred water supply source.  Rules adopted by the
193	governing board of a water management district to implement this
194	section shall specify that the use of a preferred water supply
195	source is not required, and that the use of a nonpreferred water
196	supply source is not restricted or prohibited.
197	Section 5.  Paragraph (c) is added to subsection (2) of
198	section 373.250, Florida Statutes, to read:
199	373.250  Reuse of reclaimed water.--
200	(2)
201	(c)  A water management district may require the use of
202	reclaimed water in lieu of surface water or groundwater when the
203	use of uncommitted reclaimed water is environmentally,
204	economically, and technically feasible and of such quality and
205	reliability as is necessary to the user. However, this paragraph
206	does not authorize a water management district to require a
207	provider of reclaimed water to redirect reclaimed water from one
208	user to another or to provide uncommitted water to a specific
209	user if such water is anticipated to be used by the provider, or
210	a different user selected by the provider, within a reasonable
211	amount of time.
212	Section 6.  Section 373.228, Florida Statutes, is created
213	to read:
214	373.228 Landscape irrigation design.--
215	(1)  The Legislature finds that multiple areas throughout
216	the state have been identified by water management districts as
217	water resource caution areas, which indicates that in the near
218	future water demand in those areas will exceed the current
219	available water supply and that conservation is one of the
220	mechanisms by which future water demand will be met.
221	(2)  The Legislature finds that landscape irrigation
222	comprises a significant portion of water use and that the
223	current typical landscape irrigation system and xeriscape
224	designs offer significant potential water conservation benefits.
225	(3)  It is the intent of the Legislature to improve
226	landscape irrigation water use efficiency by ensuring that
227	landscape irrigation systems meet or exceed minimum design
228	criteria.
229	(4)  The water management districts shall work with the
230	Florida Nurserymen and Growers Association, the Florida Chapter
231	of the American Society of Landscape Architects, the Florida
232	Irrigation Society, the Department of Agriculture and Consumer
233	Services, the Institute of Food and Agricultural Sciences, the
234	Department of Environmental Protection, the Department of
235	Transportation, the Florida League of Cities, the Florida
236	Association of Counties, and the Florida Association of
237	Community Developers to develop landscape irrigation and
238	xeriscape design standards for new construction which
239	incorporate a landscape irrigation system and develop
240	scientifically based model guidelines for urban, commercial, and
241	residential landscape irrigation, including drip irrigation, for
242	plants, trees, sod, and other landscaping.  The landscape and
243	irrigation design standards shall be based on the irrigation
244	code defined in the Florida Building Code, Plumbing Volume,
245	Appendix F.  Local governments shall use the standards and
246	guidelines when developing landscape irrigation and xeriscape
247	ordinances. Every 5 years, the agencies and entities specified
248	in this subsection shall review the standards and guidelines to
249	determine whether new research findings require a change or
250	modification of the standards and guidelines.
251	Section 7.  Subsection (5) of section 159.803, Florida
252	Statutes, is amended to read:
253	159.803  Definitions.--As used in this part, the term:
254	(5)  "Priority project" means a solid waste disposal
255	facility or a sewage facility, as such terms are defined in s.
256	142 of the Code, or water facility, as defined in s. 142 of the
257	Code, which is operated by a member-owned, not-for-profit
258	utility, or any project which is to be located in an area which
259	is an enterprise zone designated pursuant to s. 290.0065.
260	Section 8.  Section 373.227, Florida Statutes, is created
261	to read:
262	373.227  Water conservation; legislative findings;
263	legislative intent; objectives; comprehensive statewide water
264	conservation program requirements.--
265	(1)  The Legislature recognizes that the proper
266	conservation of water is an important means of achieving the
267	economical and efficient utilization of water necessary, in
268	part, to constitute a reasonable-beneficial use. The overall
269	water conservation goal of the state is to prevent and reduce
270	wasteful, uneconomical, impractical, or unreasonable use of
271	water resources. The Legislature finds that the social,
272	economic, and cultural conditions of the state relating to the
273	use of public water supply vary by service area and that public
274	water supply utilities must have the flexibility to tailor water
275	conservation measures to best suit their individual
276	circumstances. The Legislature encourages the use of efficient,
277	effective, and affordable water conservation measures. Where
278	water is provided by a public water supply utility, the
279	Legislature intends that a variety of conservation measures be
280	made available and used to encourage efficient water use. To
281	achieve these conservation objectives, the state should
282	emphasize goal-based, accountable, tailored, and measurable
283	water conservation programs for public water supply. For
284	purposes of this section, the term "public water supply utility"
285	includes both publicly owned and privately owned public water
286	supply utilities that sell potable water on a retail basis to
287	end users.
288	(2)  To implement the findings in subsection (1), the
289	department, in cooperation with the water management districts
290	and other stakeholders, shall develop a comprehensive statewide
291	water conservation program for public water supply. The program
292	should:
293	(a)  Encourage utilities to implement water conservation
294	programs that are economically efficient, effective, affordable,
295	and appropriate;
296	(b)  Allow no reduction in, and increase where possible,
297	utility-specific water conservation effectiveness over current
298	programs;
299	(c)  Be goal-based, accountable, measurable, and
300	implemented collaboratively with water suppliers, water users,
301	and water management agencies;
302	(d)  Include cost and benefit data on individual water
303	conservation practices to assist in tailoring practices to be
304	effective for the unique characteristics of particular utility
305	service areas, focusing upon cost-effective measures;
306	(e)  Use standardized public water supply conservation
307	definitions and standardized quantitative and qualitative
308	performance measures for an overall system of assessing and
309	benchmarking the effectiveness of water conservation programs
310	and practices;
311	(f)  Create a clearinghouse or inventory for water
312	conservation programs and practices available to public water
313	supply utilities which will provide an integrated statewide
314	database for the collection, evaluation, and dissemination of
315	quantitative and qualitative information on public water supply
316	conservation programs and practices and their effectiveness. The
317	clearinghouse or inventory should have technical assistance
318	capabilities to aid in the design, refinement, and
319	implementation of water conservation programs and practices. The
320	clearinghouse or inventory shall also provide for continual
321	assessment of the effectiveness of water conservation programs
322	and practices;
323	(g)  Develop a standardized water conservation planning
324	process for utilities; and
325	(h)  Develop and maintain a Florida-specific water
326	conservation guidance document containing a menu of affordable
327	and effective water conservation practices to assist public
328	water supply utilities in the design and implementation of goal-
329	based, utility-specific water conservation plans tailored for
330	their individual service areas as provided in subsection (4).
331	(3)  Regarding the use of water conservation or drought
332	rate structures as a conservation practice, a water management
333	district shall afford a public water supply utility wide
334	latitude in selecting a rate structure and shall limit its
335	review to whether the utility has provided reasonable assurance
336	that the rate structure contains a schedule of rates designed to
337	promote efficient use of water by providing economic incentives.
338	A water management district shall not fix or revise rates.
339	(4)  As part of an application for a consumptive use
340	permit, a public water supply utility may propose a goal-based
341	water conservation plan that is tailored to its individual
342	circumstances. Progress towards goals must be measurable. If the
343	utility provides reasonable assurance that the plan will achieve
344	effective water conservation at least as well as the water
345	conservation requirements adopted by the appropriate water
346	management district and is otherwise consistent with s. 373.223,
347	the district must approve the plan which shall satisfy water
348	conservation requirements imposed as a condition of obtaining a
349	consumptive use permit.  The conservation measures included in
350	an approved goal-based water conservation plan may be reviewed
351	periodically and updated as needed to ensure efficient water use
352	for the duration of the permit.  If the plan fails to meet the
353	water conservation goal or goals by the timeframes specified in
354	the permit, the public water supply utility shall revise the
355	plan to address the deficiency or employ the water conservation
356	requirements that would otherwise apply in the absence of an
357	approved goal-based plan.
358	(5)  By December 1, 2005, the department shall submit a
359	written report to the President of the Senate, the Speaker of
360	the House of Representatives, and the appropriate substantive
361	committees of the Senate and the House of Representatives on the
362	progress made in implementing the comprehensive statewide water
363	conservation program for public water supply required by this
364	section. The report must include any statutory changes and
365	funding requests necessary for the continued development and
366	implementation of the program.
367	(6)  The department or a water management district may
368	adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out
369	the purposes of this section.
370	Section 9.  Subsections (1), (2), (5), and (6) of section
371	373.0361, Florida Statutes, are amended to read:
372	373.0361  Regional water supply planning.--
373	(1)  By October 1, 1998, the governing board shall initiate
374	water supply planning for each water supply planning region
375	identified in the district water management plan under s.
376	373.036, where it determines that sources of water are not
377	adequate for the planning period to supply water for all
378	existing and projected reasonable-beneficial uses and to sustain
379	the water resources and related natural systems. The planning
380	must be conducted in an open public process, in coordination and
381	cooperation with local governments, regional water supply
382	authorities, government-owned and privately owned water
383	utilities, self-suppliers, and other affected and interested
384	parties. During development but prior to completion of the
385	regional water supply plan, the district must conduct at least
386	one public workshop to discuss the technical data and modeling
387	tools anticipated to be used to support the plan. A
388	determination by the governing board that initiation of a
389	regional water supply plan for a specific planning region is not
390	needed pursuant to this section shall be subject to s. 120.569.
391	The governing board shall reevaluate such a determination at
392	least once every 5 years and shall initiate a regional water
393	supply plan, if needed, pursuant to this subsection.
394	(2)  Each regional water supply plan shall be based on at
395	least a 20-year planning period and shall include, but not be
396	limited to:
397	(a)  A water supply development component that includes:
398	1.  A quantification of the water supply needs for all
399	existing and reasonably projected future uses within the
400	planning horizon. The level-of-certainty planning goal
401	associated with identifying the water supply needs of existing
402	and future reasonable-beneficial uses shall be based upon
403	meeting those needs for a 1-in-10-year drought event. Population
404	projections used for determining public water supply needs must
405	be based upon the best available data. In determining the best
406	available data, the district shall consider the University of
407	Florida's Bureau of Economic and Business Research (BEBR) medium
408	population projections and any population projection data and
409	analysis submitted by a local government pursuant to the public
410	workshop described in subsection (1) if the data and analysis
411	support the local government's comprehensive plan. Any
412	adjustment of or deviation from the BEBR projections must be
413	fully described, and the original BEBR data must be presented
414	along with the adjusted data.
415	2.  A list of water source options for water supply
416	development, including traditional and alternative source
417	options sources, from which local government, government-owned
418	and privately owned utilities, self-suppliers, and others may
419	choose, for water supply development, the total capacity of
420	which will, in conjunction with water conservation and other
421	demand management measures, exceed the needs identified in
422	subparagraph 1.
423	3.  For each option listed in subparagraph 2., the
424	estimated amount of water available for use and the estimated
425	costs of and potential sources of funding for water supply
426	development.
427	4.  A list of water supply development projects that meet
428	the criteria in s. 373.0831(4).
429	(b)  A water resource development component that includes:
430	1.  A listing of those water resource development projects
431	that support water supply development.
432	2.  For each water resource development project listed:
433	a.  An estimate of the amount of water to become available
434	through the project.
435	b.  The timetable for implementing or constructing the
436	project and the estimated costs for implementing, operating, and
437	maintaining the project.
438	c.  Sources of funding and funding needs.
439	d.  Who will implement the project and how it will be
440	implemented.
441	(c)  The recovery and prevention strategy described in s.
442	373.0421(2).
443	(d)  A funding strategy for water resource development
444	projects, which shall be reasonable and sufficient to pay the
445	cost of constructing or implementing all of the listed projects.
446	(e)  Consideration of how the options addressed in
447	paragraphs (a) and (b) serve the public interest or save costs
448	overall by preventing the loss of natural resources or avoiding
449	greater future expenditures for water resource development or
450	water supply development. However, unless adopted by rule, these
451	considerations do not constitute final agency action.
452	(f)  The technical data and information applicable to the
453	planning region which are contained in the district water
454	management plan and are necessary to support the regional water
455	supply plan.
456	(g)  The minimum flows and levels established for water
457	resources within the planning region.
458	(h)  Reservations of water adopted by rule pursuant to s.
459	373.223(4).
460	(i)  An analysis, developed in cooperation with the
461	department, of areas or instances in which the variance
462	provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
463	create water supply development or water resource development
464	projects.
465
466	The water supply development component of a regional water
467	supply plan which deals with or affects public utilities and
468	public water supply for those areas served by a regional water
469	supply authority and its member governments within the
470	boundaries of the Southwest Florida Water Management District
471	shall be developed jointly by the authority and the district.
472	(5)  By November 15, 1997, and Annually and in conjunction
473	with the reporting requirements of s. 373.536(6)(a)4.
474	thereafter, the department shall submit to the Governor and the
475	Legislature a report on the status of regional water supply
476	planning in each district. The report shall include:
477	(a)  A compilation of the estimated costs of and potential
478	sources of funding for water resource development and water
479	supply development projects, as identified in the water
480	management district regional water supply plans.
481	(b)  A description of each district's progress toward
482	achieving its water resource development objectives, as directed
483	by s. 373.0831(3), including the district's implementation of
484	its 5-year water resource development work program.
485	(c)  An assessment of the overall progress being made to
486	develop water supply that is consistent with regional water
487	supply plans to meet existing and future reasonable-beneficial
488	needs during a 1-in-10-year drought.
489	(6)  Nothing contained in the water supply development
490	component of the district water management plan shall be
491	construed to require local governments, government-owned or
492	privately owned water utilities, self-suppliers, or other water
493	suppliers to select a water supply development option identified
494	in the component merely because it is identified in the plan,
495	nor may the plan be used in the review of permits under part II
496	unless the plan, or an applicable portion thereof, has been
497	adopted by rule. However, this subsection does not prohibit a
498	water management district from employing the data or other
499	information used to establish the plan in reviewing permits
500	under part II, nor does it shall not be construed to limit the
501	authority of the department or governing board under part II.
502	Section 10.  Subsection (3) of section 373.0831, Florida
503	Statutes, is amended, and paragraph (c) is added to subsection
504	(4) of that section, to read:
505	373.0831  Water resource development; water supply
506	development.--
507	(3)  The water management districts shall fund and
508	implement water resource development as defined in s. 373.019.
509	The water management districts are encouraged to implement water
510	resource development as expeditiously as possible in areas
511	subject to regional water supply plans. Each governing board
512	shall include in its annual budget the amount needed for the
513	fiscal year to implement water resource development projects, as
514	prioritized in its regional water supply plans.
515	(4)
516	(c)  If a proposed alternative water supply development
517	project is identified in the relevant approved regional water
518	supply plan, the project shall receive:
519	1.  A 20-year consumptive use permit, if it otherwise meets
520	the permit requirements under ss. 373.223 and 373.236 and rules
521	adopted thereunder.
522	2.  Consideration for priority funding pursuant to s.
523	373.1961(2) if the project meets one of the criteria in this
524	subsection.
525	Section 11.  Subsection (2) of section 373.1961, Florida
526	Statutes, is amended to read:
527	373.1961  Water production.--
528	(2)  The Legislature finds that, due to a combination of
529	factors, vastly increased demands have been placed on natural
530	supplies of fresh water, and that, absent increased development
531	of alternative water supplies, such demands may increase in the
532	future. The Legislature also finds that potential exists in the
533	state for the production of significant quantities of
534	alternative water supplies, including reclaimed water, and that
535	water production includes the development of alternative water
536	supplies, including reclaimed water, for appropriate uses. It is
537	the intent of the Legislature that utilities develop reclaimed
538	water systems, where reclaimed water is the most appropriate
539	alternative water supply option, to deliver reclaimed water to
540	as many users as possible through the most cost-effective means,
541	and to construct reclaimed water system infrastructure to their
542	owned or operated properties and facilities where they have
543	reclamation capability. It is also the intent of the Legislature
544	that the water management districts which levy ad valorem taxes
545	for water management purposes should share a percentage of those
546	tax revenues with water providers and users, including local
547	governments, water, wastewater, and reuse utilities, municipal,
548	industrial, and agricultural water users, and other public and
549	private water users, to be used to supplement other funding
550	sources in the development of alternative water supplies. The
551	Legislature finds that public moneys or services provided to
552	private entities for such uses constitute public purposes which
553	are in the public interest. In order to further the development
554	and use of alternative water supply systems, including reclaimed
555	water systems, the Legislature provides the following:
556	(a)  The governing boards of the water management districts
557	where water resource caution areas have been designated shall
558	include in their annual budgets an amount for the development of
559	alternative water supply systems, including reclaimed water
560	systems, pursuant to the requirements of this subsection.
561	Beginning in 1996, such amounts shall be made available to water
562	providers and users no later than December 31 of each year,
563	through grants, matching grants, revolving loans, or the use of
564	district lands or facilities pursuant to the requirements of
565	this subsection and guidelines established by the districts. In
566	making grants or loans, funding priority must be given to
567	projects in accordance with s. 373.0831(4). Without diminishing
568	amounts available through other means described in this
569	paragraph, the governing boards are encouraged to consider
570	establishing revolving loan funds to expand the total funds
571	available to accomplish the objectives of this section. A
572	revolving loan fund created under this paragraph must be a
573	nonlapsing fund from which the water management district may
574	make loans with interest rates below prevailing market rates to
575	public or private entities for the purposes described in this
576	section. The governing board may adopt resolutions to establish
577	revolving loan funds which must specify the details of the
578	administration of the fund, the procedures for applying for
579	loans from the fund, the criteria for awarding loans from the
580	fund, the initial capitalization of the fund, and the goals for
581	future capitalization of the fund in subsequent budget years.
582	Revolving loan funds created under this paragraph must be used
583	to expand the total sums and sources of cooperative funding
584	available for the development of alternative water supplies. The
585	Legislature does not intend for the creation of revolving loan
586	funds to supplant or otherwise reduce existing sources or
587	amounts of funds currently available through other means.
588	(b)  It is the intent of the Legislature that for each
589	reclaimed water utility, or any other utility, which receives
590	funds pursuant to this subsection, the appropriate rate-setting
591	authorities should develop rate structures for all water,
592	wastewater, and reclaimed water and other alternative water
593	supply utilities in the service area of the funded utility,
594	which accomplish the following:
595	1.  Provide meaningful progress toward the development and
596	implementation of alternative water supply systems, including
597	reclaimed water systems;
598	2.  Promote the conservation of fresh water withdrawn from
599	natural systems;
600	3.  Provide for an appropriate distribution of costs for
601	all water, wastewater, and alternative water supply utilities,
602	including reclaimed water utilities, among all of the users of
603	those utilities; and
604	4.  Prohibit rate discrimination within classes of utility
605	users.
606	(c)  Funding assistance provided by the water management
607	districts for a water reuse system project may include the
608	following grant or loan conditions for that project if the water
609	management district determines that such conditions will
610	encourage water use efficiency:
611	1.  Metering of reclaimed water use for the following
612	activities: residential irrigation, agricultural irrigation,
613	industrial uses except for electric utilities as defined in s.
614	366.02(2), landscape irrigation, irrigation of other public
615	access areas, commercial and institutional uses such as toilet
616	flushing, and transfers to other reclaimed water utilities.
617	2.  Implementation of reclaimed water rate structures based
618	on actual use of reclaimed water for the types of reuse
619	activities listed in subparagraph 1.
620	3.  Implementation of education programs to inform the
621	public about water issues, water conservation, and the
622	importance and proper use of reclaimed water.
623	4.  Development of location data for key reuse facilities.
624	(d)(c)  In order to be eligible for funding pursuant to
625	this subsection, a project must be consistent with a local
626	government comprehensive plan and the governing body of the
627	local government must require all appropriate new facilities
628	within the project's service area to connect to and use the
629	project's alternative water supplies. The appropriate local
630	government must provide written notification to the appropriate
631	district that the proposed project is consistent with the local
632	government comprehensive plan.
633	(e)(d)  Any and all revenues disbursed pursuant to this
634	subsection shall be applied only for the payment of capital or
635	infrastructure costs for the construction of alternative water
636	supply systems that provide alternative water supplies.
637	(f)(e)  By January 1 of each year, the governing boards
638	shall make available written guidelines for the disbursal of
639	revenues pursuant to this subsection. Such guidelines shall
640	include at minimum:
641	1.  An application process and a deadline for filing
642	applications annually.
643	2.  A process for determining project eligibility pursuant
644	to the requirements of paragraphs (d) (c) and (e) (d).
645	3.  A process and criteria for funding projects pursuant to
646	this subsection that cross district boundaries or that serve
647	more than one district.
648	(g)(f)  The governing board of each water management
649	district shall establish an alternative water supplies grants
650	advisory committee to recommend to the governing board projects
651	for funding pursuant to this subsection. The advisory committee
652	members shall include, but not be limited to, one or more
653	representatives of county, municipal, and investor-owned private
654	utilities, and may include, but not be limited to,
655	representatives of agricultural interests and environmental
656	interests. Each committee member shall represent his or her
657	interest group as a whole and shall not represent any specific
658	entity. The committee shall apply the guidelines and project
659	eligibility criteria established by the governing board in
660	reviewing proposed projects. After one or more hearings to
661	solicit public input on eligible projects, the committee shall
662	rank the eligible projects and shall submit them to the
663	governing board for final funding approval. The advisory
664	committee may submit to the governing board more projects than
665	the available grant money would fund.
666	(h)(g)  All revenues made available annually pursuant to
667	this subsection must be encumbered annually by the governing
668	board if it approves projects sufficient to expend the available
669	revenues. Funds must be disbursed within 36 months after
670	encumbrance.
671	(i)(h)  For purposes of this subsection, alternative water
672	supplies are supplies of water that have been reclaimed after
673	one or more public supply, municipal, industrial, commercial, or
674	agricultural uses, or are supplies of stormwater, or brackish or
675	salt water, that have been treated in accordance with applicable
676	rules and standards sufficient to supply the intended use.
677	(j)(i)  This subsection shall not be subject to the
678	rulemaking requirements of chapter 120.
679	(k)(j)  By January 30 of each year, each water management
680	district shall submit an annual report to the Governor, the
681	President of the Senate, and the Speaker of the House of
682	Representatives which accounts for the disbursal of all budgeted
683	amounts pursuant to this subsection. Such report shall describe
684	all projects funded and shall account separately for moneys
685	provided through grants, matching grants, revolving loans, and
686	the use of district lands or facilities.
687	(l)(k)  The Florida Public Service Commission shall allow
688	entities under its jurisdiction constructing alternative water
689	supply facilities, including but not limited to aquifer storage
690	and recovery wells, to recover the full, prudently incurred cost
691	of such facilities through their rate structure. Every component
692	of an alternative water supply facility constructed by an
693	investor-owned utility shall be recovered in current rates.
694	Section 12.  Paragraph (a) of subsection (6) of section
695	373.536, Florida Statutes, is amended to read:
696	373.536  District budget and hearing thereon.--
697	(6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
698	WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
699	(a)  Each district must, by the date specified for each
700	item, furnish copies of the following documents to the Governor,
701	the President of the Senate, the Speaker of the House of
702	Representatives, the chairs of all legislative committees and
703	subcommittees having substantive or fiscal jurisdiction over the
704	districts, as determined by the President of the Senate or the
705	Speaker of the House of Representatives as applicable, the
706	secretary of the department, and the governing board of each
707	county in which the district has jurisdiction or derives any
708	funds for the operations of the district:
709	1.  The adopted budget, to be furnished within 10 days
710	after its adoption.
711	2.  A financial audit of its accounts and records, to be
712	furnished within 10 days after its acceptance by the governing
713	board. The audit must be conducted in accordance with the
714	provisions of s. 11.45 and the rules adopted thereunder. In
715	addition to the entities named above, the district must provide
716	a copy of the audit to the Auditor General within 10 days after
717	its acceptance by the governing board.
718	3.  A 5-year capital improvements plan, to be furnished
719	within 45 days after the adoption of the final budget. The plan
720	must include expected sources of revenue for planned
721	improvements and must be prepared in a manner comparable to the
722	fixed capital outlay format set forth in s. 216.043.
723	4.  A 5-year water resource development work program to be
724	furnished within 45 days after the adoption of the final budget.
725	The program must describe the district's implementation strategy
726	for the water resource development component of each approved
727	regional water supply plan developed or revised under s.
728	373.0361. The work program must address all the elements of the
729	water resource development component in the district's approved
730	regional water supply plans and must identify which projects in
731	the work program will provide water, explain how each water
732	resource development project will produce additional water
733	available for consumptive uses, estimate the quantity of water
734	to be produced by each project, and provide an assessment of the
735	contribution of the district's regional water supply plans in
736	providing sufficient water to meet the water supply needs of
737	existing and future reasonable-beneficial uses for a 1-in-10-
738	year drought event. Within 45 days after its submittal, the
739	department shall review the proposed work program and submit its
740	findings, questions, and comments to the district. The review
741	must include a written evaluation of the program's consistency
742	with the furtherance of the district's approved regional water
743	supply plans, and the adequacy of proposed expenditures. As part
744	of the review, the department shall give interested parties the
745	opportunity to provide written comments on each district's
746	proposed work program. Within 60 days after receipt of the
747	department's evaluation, the governing board shall state in
748	writing to the department which changes recommended in the
749	evaluation it will incorporate into its work program or specify
750	the reasons for not incorporating the changes. The department
751	shall include the district's responses in a final evaluation
752	report and shall submit a copy of the report to the Governor,
753	the President of the Senate, and the Speaker of the House of
754	Representatives.
755	(b)  If any entity listed in paragraph (a) provides written
756	comments to the district regarding any document furnished under
757	this subsection, the district must respond to the comments in
758	writing and furnish copies of the comments and written responses
759	to the other entities.
760	Section 13.  Subsections (1) and (6) of section 403.064,
761	Florida Statutes, are amended, and subsection (16) is added to
762	that section, to read:
763	403.064  Reuse of reclaimed water.--
764	(1)  The encouragement and promotion of water conservation,
765	and reuse of reclaimed water, as defined by the department, are
766	state objectives and are considered to be in the public
767	interest. The Legislature finds that the reuse of reclaimed
768	water is a critical component of meeting the state's existing
769	and future water supply needs while sustaining natural systems.
770	The Legislature further finds that for those wastewater
771	treatment plants permitted and operated under an approved reuse
772	program by the department, the reclaimed water shall be
773	considered environmentally acceptable and not a threat to public
774	health and safety. The Legislature encourages the development of
775	incentive-based programs for reuse implementation.
776	(6)  A reuse feasibility study prepared under subsection
777	(2) satisfies a water management district requirement to conduct
778	a reuse feasibility study imposed on a local government or
779	utility that has responsibility for wastewater management. The
780	data included in the study and the conclusions of the study must
781	be given significant consideration by the applicant and the
782	appropriate water management district in an analysis of the
783	economic, environmental, and technical feasibility of providing
784	reclaimed water for reuse under part II of chapter 373 and must
785	be presumed relevant to the determination of feasibility. A
786	water management district may not require a separate study when
787	a reuse feasibility study has been completed under subsection
788	(2).
789	(16)  Utilities implementing reuse projects are encouraged,
790	except in the case of use by electric utilities as defined in s.
791	366.02(2), to meter use of reclaimed water by all end users and
792	to charge for the use of reclaimed water based on the actual
793	volume used when such metering and charges can be shown to
794	encourage water conservation. Metering and the use of volume-
795	based rates are effective water management tools for the
796	following reuse activities: residential irrigation, agricultural
797	irrigation, industrial uses, landscape irrigation, irrigation of
798	other public access areas, commercial and institutional uses
799	such as toilet flushing, and transfers to other reclaimed water
800	utilities. Beginning with the submittal due on January 1, 2005,
801	each domestic wastewater utility that provides reclaimed water
802	for the reuse activities listed in this section shall include a
803	summary of its metering and rate structure as part of its annual
804	reuse report to the department.
805	Section 14.  Section 403.0645, Florida Statutes, is created
806	to read:
807	403.0645  Reclaimed water use at state facilities.--
808	(1)  The encouragement and promotion of reuse of reclaimed
809	water has been established as a state objective in ss. 373.250
810	and 403.064. Reuse has become an integral part of water and
811	wastewater management in Florida, and Florida is recognized as a
812	national leader in water reuse.
813	(2)  The state and various state agencies and water
814	management districts should take a leadership role in using
815	reclaimed water in lieu of other water sources. The use of
816	reclaimed water by state agencies and facilities will conserve
817	potable water and will serve an important public education
818	function.
819	(3)  Each state agency and water management district shall
820	use reclaimed water to the greatest extent practicable for
821	landscape irrigation, toilet flushing, aesthetic features such
822	as decorative ponds and fountains, cooling water, and other
823	useful purposes allowed by department rules at state facilities,
824	including, but not limited to, parks, rest areas, visitor
825	welcome centers, buildings, college campuses, and other
826	facilities.
827	(4)  Each state agency and water management district shall
828	submit to the Secretary of Environmental Protection by February
829	1 of each year a summary of activities designed to utilize
830	reclaimed water at its facilities along with a summary of the
831	amounts of reclaimed water actually used for beneficial
832	purposes.
833	Section 15.  Paragraph (b) of subsection (2), paragraph (f)
834	of subsection (4) and subsection (5) of section 403.121, Florida
835	Statutes, are amended to read:
836	403.121  Enforcement; procedure; remedies.--The department
837	shall have the following judicial and administrative remedies
838	available to it for violations of this chapter, as specified in
839	s. 403.161(1).
840	(2)  Administrative remedies:
841	(b)  If the department has reason to believe a violation
842	has occurred, it may institute an administrative proceeding to
843	order the prevention, abatement, or control of the conditions
844	creating the violation or other appropriate corrective action.
845	Except for violations involving hazardous wastes, asbestos, or
846	underground injection, the department shall proceed
847	administratively in all cases in which the department seeks
848	administrative penalties that do not exceed $10,000 per
849	assessment as calculated in accordance with subsections (3),
850	(4), (5), (6), and (7). Pursuant to 42 U.S.C. s.300g-2, the
851	administrative penalty assessed pursuant to subsections (3),
852	(4), or (5) against a public water system serving a population
853	of more than 10,000 shall be not less than $1,000 per day per
854	violation.  The department shall not impose administrative
855	penalties in excess of $10,000 in a notice of violation. The
856	department shall not have more than one notice of violation
857	seeking administrative penalties pending against the same party
858	at the same time unless the violations occurred at a different
859	site or the violations were discovered by the department
860	subsequent to the filing of a previous notice of violation.
861	(4)  In an administrative proceeding, in addition to the
862	penalties that may be assessed under subsection (3), the
863	department shall assess administrative penalties according to
864	the following schedule:
865	(f)  Except as provided in subsection (2) with respect to
866	public water systems serving a population of more than 10,000,
867	for failure to prepare, submit, maintain, or use required
868	reports or other required documentation, $500.
869	(5)  Except as provided in subsection (2) with respect to
870	public water systems serving a population of more than 10,000,
871	for failure to comply with any other departmental regulatory
872	statute or rule requirement not otherwise identified in this
873	section, the department may assess a penalty of $500.
874	Section 16.  Paragraph (b) of subsection (3) of section
875	403.1835, Florida Statutes, is amended to read:
876	403.1835  Water pollution control financial assistance.--
877	(3)  The department may provide financial assistance
878	through any program authorized under s. 603 of the Federal Water
879	Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as
880	amended, including, but not limited to, making grants and loans,
881	providing loan guarantees, purchasing loan insurance or other
882	credit enhancements, and buying or refinancing local debt. This
883	financial assistance must be administered in accordance with
884	this section and applicable federal authorities. The department
885	shall administer all programs operated from funds secured
886	through the activities of the Florida Water Pollution Control
887	Financing Corporation under s. 403.1837, to fulfill the purposes
888	of this section.
889	(b)  The department may make or request the corporation to
890	make loans, grants, and deposits to other entities eligible to
891	participate in the financial assistance programs authorized
892	under the Federal Water Pollution Control Act, or as a result of
893	other federal action, which entities may pledge any revenue
894	available to them to repay any funds borrowed. Notwithstanding
895	s. 17.57, the department may make deposits to financial
896	institutions which earn less than the prevailing rate for United
897	States Treasury securities with corresponding maturities for the
898	purpose of enabling such financial institutions to make below-
899	market interest rate loans to entities qualified to receive
900	loans under this section and the rules of the department.
901	Section 17.  The Legislature finds that within the area
902	identified in the Lower East Coast Regional Water Supply Plan
903	approved by the South Florida Water Management District pursuant
904	to section 373.0361, Florida Statutes, the groundwater levels
905	can benefit from augmentation. The Legislature finds that the
906	direct or indirect discharge of reclaimed water into canals and
907	the aquifer system for transport and subsequent reuse may
908	provide an environmentally acceptable means to augment water
909	supplies and enhance natural systems; however, the Legislature
910	also recognizes that there are water quality and water quantity
911	issues that must be better understood and resolved. In addition,
912	cost savings may be possible by collocating enclosed conduits
913	for conveyance of water for reuse in this area within canal
914	rights-of-way which should be investigated. The Department of
915	Environmental Protection, in consultation with the South Florida
916	Water Management District, southeast Florida utilities, affected
917	local governments, including local governments with principal
918	responsibility for the operation and maintenance of a water
919	control system capable of conveying reclaimed wastewater for
920	reuse, representatives of the environmental and engineering
921	communities, public health professionals, and individuals who
922	have expertise in water quality, shall conduct a study to
923	investigate the feasibility of discharging reclaimed wastewater
924	into canals and the aquifer system as an environmentally
925	acceptable means of augmenting groundwater supplies, enhancing
926	natural systems, and conveying reuse water within enclosed
927	conduits within the canal right-of-way. The South Florida Water
928	Management District shall provide the necessary financial and
929	in-kind resources to assist the department in undertaking this
930	study. In the event any discharges are made as part of the
931	study, such discharges must comply with applicable federal,
932	state, and local law, including applicable regulations.  The
933	study must include an assessment of the water quality, water
934	supply, public health, technical, and legal implications related
935	to the canal discharge and collocation concepts. The department
936	shall issue a preliminary written report containing draft
937	findings and recommendations for public comment by November 1,
938	2005. The department shall provide a written report on the
939	results of its study, including public comments received, to the
940	Governor and the relevant substantive committees of the Senate
941	and the House of Representatives by January 31, 2006. This
942	section may not be used to alter the purpose of the
943	Comprehensive Everglades Restoration Plan or the implementation
944	of the Water Resources Development Act of 2000.
945	Section 18.  This act shall take effect upon becoming a
946	law.

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