| 1 | The Committee on Natural Resources recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to water resources; amending s. 159.803, |
| 8 | F.S.; revising the definition of "priority project"; |
| 9 | creating s. 373.227, F.S.; requiring the development of a |
| 10 | comprehensive statewide water conservation program for |
| 11 | public water supply; establishing the purposes of the |
| 12 | program; requiring the creation of a clearinghouse or |
| 13 | inventory to provide an integrated database for |
| 14 | information on public water supply conservation programs; |
| 15 | authorizing public water supply utilities to propose goal- |
| 16 | based water conservation plans or programs with measurable |
| 17 | goals; providing that goal-based water conservation plans |
| 18 | or programs that are developed by public water supply |
| 19 | utilities and that provide reasonable assurance of |
| 20 | achieving water conservation at least as well as |
| 21 | conservation requirements adopted by the appropriate water |
| 22 | management district meet water conservation requirements |
| 23 | imposed as a condition of obtaining a consumptive use |
| 24 | permit; requiring the submission of a report by the |
| 25 | Department of Environmental Protection; providing |
| 26 | rulemaking authority to the Department of Environmental |
| 27 | Protection and the water management districts; amending s. |
| 28 | 373.0361, F.S.; providing for a public workshop on the |
| 29 | development of regional water supply plans that include |
| 30 | the consideration of population projections; providing for |
| 31 | a list of water source options in regional water supply |
| 32 | plans; providing additional regional water supply plan |
| 33 | components; including conservation measures in regional |
| 34 | water supply plans; revising specified reporting |
| 35 | requirements of the Department of Environmental |
| 36 | Protection; providing that a district water management |
| 37 | plan may not be used as criteria for the review of permits |
| 38 | for consumptive uses of water unless the plan or |
| 39 | applicable portion thereof has been adopted by rule; |
| 40 | providing construction; amending s. 373.0831, F.S.; |
| 41 | revising the criteria by which water supply development |
| 42 | projects may receive priority consideration for funding |
| 43 | assistance; providing for permitting and funding of a |
| 44 | proposed alternative water supply project identified in |
| 45 | the relevant approved regional water supply plan; amending |
| 46 | s. 373.1961, F.S.; providing funding priority; providing |
| 47 | for the establishment of a revolving loan fund for |
| 48 | alternative water supply projects; providing conditions |
| 49 | for certain projects to receive funding assistance; |
| 50 | amending s. 373.536, F.S.; expanding requirements of the |
| 51 | 5-year water resource development work program for water |
| 52 | management districts; amending s. 403.064, F.S.; revising |
| 53 | provisions relating to reuse feasibility studies; |
| 54 | providing for metering use of reclaimed water and volume- |
| 55 | based rates therefor; requiring wastewater utilities to |
| 56 | submit plans for metering use and volume-based rate |
| 57 | structures to the department; creating s. 403.0645, F.S.; |
| 58 | requiring certain uses of reclaimed water at state |
| 59 | facilities; requiring state agencies and water management |
| 60 | districts to submit to the Secretary of Environmental |
| 61 | Protection periodic reports concerning reclaimed water |
| 62 | use; amending s. 403.1835, F.S.; authorizing the |
| 63 | Department of Environmental Protection to make specified |
| 64 | deposits for the purpose of enabling below-market interest |
| 65 | rate loans for treatment of polluted water; providing for |
| 66 | a study of the feasibility of discharging reclaimed |
| 67 | wastewater into canals and the aquifer system in a |
| 68 | specified area as an environmentally acceptable means of |
| 69 | accomplishing described objectives; requiring reports; |
| 70 | providing an effective date. |
| 71 |
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| 72 | Be It Enacted by the Legislature of the State of Florida: |
| 73 |
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| 74 | Section 1. Subsection (5) of section 159.803, Florida |
| 75 | Statutes, is amended to read: |
| 76 | 159.803 Definitions.--As used in this part, the term: |
| 77 | (5) "Priority project" means a solid waste disposal |
| 78 | facility or a sewage facility, as such terms are defined in s. |
| 79 | 142 of the Code, or water facility, as defined in s. 142 of the |
| 80 | Code, which is operated by a member-owned, not-for-profit |
| 81 | utility, or any project which is to be located in an area which |
| 82 | is an enterprise zone designated pursuant to s. 290.0065. |
| 83 | Section 2. Section 373.227, Florida Statutes, is created |
| 84 | to read: |
| 85 | 373.227 Water conservation; legislative findings; |
| 86 | legislative intent; objectives; comprehensive statewide water |
| 87 | conservation program requirements.-- |
| 88 | (1) The Legislature recognizes that the proper |
| 89 | conservation of water is an important means of achieving the |
| 90 | economical and efficient utilization of water necessary, in |
| 91 | part, to constitute a reasonable-beneficial use. The overall |
| 92 | water conservation goal of the state is to prevent and reduce |
| 93 | wasteful, uneconomical, impractical, or unreasonable use of |
| 94 | water resources. The Legislature finds that the social, |
| 95 | economic, and cultural conditions of the state relating to the |
| 96 | use of public water supply vary by service area and that public |
| 97 | water supply utilities must have the flexibility to tailor water |
| 98 | conservation measures to best suit their individual |
| 99 | circumstances. The Legislature encourages the use of efficient, |
| 100 | effective, and affordable water conservation measures. Where |
| 101 | water is provided by a public water supply utility, the |
| 102 | Legislature intends that a variety of conservation measures be |
| 103 | made available and used to encourage efficient water use. To |
| 104 | achieve these conservation objectives, the state should |
| 105 | emphasize goal-based, accountable, tailored, and measurable |
| 106 | water conservation programs for public water supply. For |
| 107 | purposes of this section, "public water supply utility" shall |
| 108 | include both publicly owned and privately owned public water |
| 109 | supply utilities that sell potable water on a retail basis to |
| 110 | end users. |
| 111 | (2) To implement the findings in subsection (1), the |
| 112 | department, in cooperation with the water management districts |
| 113 | and other stakeholders, shall develop a comprehensive statewide |
| 114 | water conservation program for public water supply. The program |
| 115 | should: |
| 116 | (a) Encourage utilities to implement water conservation |
| 117 | programs which are economically efficient, effective, |
| 118 | affordable, and appropriate; |
| 119 | (b) Allow no reduction in, and increase where possible, |
| 120 | utility-specific water conservation effectiveness over current |
| 121 | programs; |
| 122 | (c) Be goal-based, accountable, measurable, and |
| 123 | implemented collaboratively with water suppliers, water users, |
| 124 | and water management agencies; |
| 125 | (d) Include cost and benefit data on individual water |
| 126 | conservation practices to assist in tailoring practices to be |
| 127 | effective for the unique characteristics of particular utility |
| 128 | service areas, focusing upon cost-effective measures; |
| 129 | (e) Use standardized public water supply conservation |
| 130 | definitions and standardized quantitative and qualitative |
| 131 | performance measures for an overall system of assessing and |
| 132 | benchmarking the effectiveness of water conservation programs |
| 133 | and practices; |
| 134 | (f) Create a clearinghouse or inventory for water |
| 135 | conservation programs and practices available to public water |
| 136 | supply utilities that will provide an integrated statewide |
| 137 | database for the collection, evaluation, and dissemination of |
| 138 | quantitative and qualitative information on public water supply |
| 139 | conservation programs and practices and their effectiveness. The |
| 140 | clearinghouse or inventory should have technical assistance |
| 141 | capabilities to aid in the design, refinement, and |
| 142 | implementation of water conservation programs and practices. The |
| 143 | clearinghouse or inventory shall also provide for continual |
| 144 | assessment of the effectiveness of water conservation programs |
| 145 | and practices; |
| 146 | (g) Develop a standardized water conservation planning |
| 147 | process for utilities; and |
| 148 | (h) Develop and maintain a Florida-specific water |
| 149 | conservation guidance document containing a menu of affordable |
| 150 | and effective water conservation practices to assist public |
| 151 | water supply utilities in the design and implementation of goal- |
| 152 | based, utility-specific water conservation plans tailored for |
| 153 | their individual service areas as provided in subsection (4). |
| 154 | (3) Regarding the use of water conservation or drought |
| 155 | rate structures as a conservation practice, a water management |
| 156 | district shall afford a public water supply utility wide |
| 157 | latitude in selecting a rate structure and shall limit its |
| 158 | review to whether the utility has provided reasonable assurance |
| 159 | that the rate structure contains a schedule of rates designed to |
| 160 | promote efficient use of water by providing economic incentives. |
| 161 | A water management district shall not fix or revise rates. |
| 162 | (4) As part of an application for a consumptive use |
| 163 | permit, a public water supply utility may propose a goal-based |
| 164 | water conservation plan or program that is tailored to its |
| 165 | individual circumstances in lieu of the water conservation |
| 166 | requirements adopted by the appropriate water management |
| 167 | district. Progress towards goals must be measurable. If the |
| 168 | utility provides reasonable assurance that the plan will achieve |
| 169 | effective water conservation at least as well as the water |
| 170 | conservation requirements adopted by the appropriate water |
| 171 | management district, and is consistent with s. 373.223, F.S., |
| 172 | the district must approve the plan which shall satisfy water |
| 173 | conservation requirements imposed as a condition of obtaining a |
| 174 | consumptive use permit. The conservation measures included in an |
| 175 | approved goal-based water conservation plan may be reviewed |
| 176 | periodically and updated as needed to ensure efficient water use |
| 177 | for the duration of the permit. If the plan fails to meet the |
| 178 | water conservation goal or goals by the timeframes specified in |
| 179 | the permit, then the public water supply utility shall either |
| 180 | revise the plan to address the deficiency or employ the water |
| 181 | conservation requirements that would otherwise apply in the |
| 182 | absence of an approved goal-based plan. |
| 183 | (5) By December 1, 2005, the department is directed to |
| 184 | submit a written report to the President of the Senate, the |
| 185 | Speaker of the House of Representatives, and the appropriate |
| 186 | substantive committees of the Senate and the House of |
| 187 | Representatives on the progress made in implementing the |
| 188 | comprehensive statewide water conservation program for public |
| 189 | water supply required by this section. The report shall include |
| 190 | any statutory changes and funding requests necessary for |
| 191 | continued development and implementation of the program. |
| 192 | (6) The department or a water management district may |
| 193 | adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out |
| 194 | the purposes of this section. |
| 195 | Section 3. Subsections (1), (2), (5), and (6) of section |
| 196 | 373.0361, Florida Statutes, are amended to read: |
| 197 | 373.0361 Regional water supply planning.-- |
| 198 | (1) By October 1, 1998, the governing board shall initiate |
| 199 | water supply planning for each water supply planning region |
| 200 | identified in the district water management plan under s. |
| 201 | 373.036, where it determines that sources of water are not |
| 202 | adequate for the planning period to supply water for all |
| 203 | existing and projected reasonable-beneficial uses and to sustain |
| 204 | the water resources and related natural systems. The planning |
| 205 | must be conducted in an open public process, in coordination and |
| 206 | cooperation with local governments, regional water supply |
| 207 | authorities, government-owned and privately owned water |
| 208 | utilities, self-suppliers, and other affected and interested |
| 209 | parties. During development but prior to completion of the |
| 210 | regional water supply plan, the district must conduct at least |
| 211 | one public workshop to discuss the technical data and modeling |
| 212 | tools anticipated to be used to support the plan. A |
| 213 | determination by the governing board that initiation of a |
| 214 | regional water supply plan for a specific planning region is not |
| 215 | needed pursuant to this section shall be subject to s. 120.569. |
| 216 | The governing board shall reevaluate such a determination at |
| 217 | least once every 5 years and shall initiate a regional water |
| 218 | supply plan, if needed, pursuant to this subsection. |
| 219 | (2) Each regional water supply plan shall be based on at |
| 220 | least a 20-year planning period and shall include, but not be |
| 221 | limited to: |
| 222 | (a) A water supply development component that includes: |
| 223 | 1. A quantification of the water supply needs for all |
| 224 | existing and reasonably projected future uses within the |
| 225 | planning horizon. The level-of-certainty planning goal |
| 226 | associated with identifying the water supply needs of existing |
| 227 | and future reasonable-beneficial uses shall be based upon |
| 228 | meeting those needs for a 1-in-10-year drought event. Population |
| 229 | projections used for determining public water supply needs must |
| 230 | be based upon the best available data. In determining the best |
| 231 | available data, the district shall consider the University of |
| 232 | Florida's Bureau of Economic and Business Research (BEBR) medium |
| 233 | population projections and any population projection data and |
| 234 | analysis submitted by a local government pursuant to the public |
| 235 | workshop described in subsection (1) if the data and analysis |
| 236 | support the local government's comprehensive plan. Any |
| 237 | adjustment of or deviation from the BEBR projections must be |
| 238 | fully described, and the original BEBR data must be presented |
| 239 | along with the adjusted data. |
| 240 | 2. A list of water source options for water supply |
| 241 | development, including traditional and alternative source |
| 242 | options sources, from which local government, government-owned |
| 243 | and privately owned utilities, self-suppliers, and others may |
| 244 | choose, for water supply development, the total capacity of |
| 245 | which will, in conjunction with water conservation and other |
| 246 | demand management measures, exceed the needs identified in |
| 247 | subparagraph 1. |
| 248 | 3. For each option listed in subparagraph 2., the |
| 249 | estimated amount of water available for use and the estimated |
| 250 | costs of and potential sources of funding for water supply |
| 251 | development. |
| 252 | 4. A list of water supply development projects that meet |
| 253 | the criteria in s. 373.0831(4). |
| 254 | (b) A water resource development component that includes: |
| 255 | 1. A listing of those water resource development projects |
| 256 | that support water supply development. |
| 257 | 2. For each water resource development project listed: |
| 258 | a. An estimate of the amount of water to become available |
| 259 | through the project. |
| 260 | b. The timetable for implementing or constructing the |
| 261 | project and the estimated costs for implementing, operating, and |
| 262 | maintaining the project. |
| 263 | c. Sources of funding and funding needs. |
| 264 | d. Who will implement the project and how it will be |
| 265 | implemented. |
| 266 | (c) The recovery and prevention strategy described in s. |
| 267 | 373.0421(2). |
| 268 | (d) A funding strategy for water resource development |
| 269 | projects, which shall be reasonable and sufficient to pay the |
| 270 | cost of constructing or implementing all of the listed projects. |
| 271 | (e) Consideration of how the options addressed in |
| 272 | paragraphs (a) and (b) serve the public interest or save costs |
| 273 | overall by preventing the loss of natural resources or avoiding |
| 274 | greater future expenditures for water resource development or |
| 275 | water supply development. However, unless adopted by rule, these |
| 276 | considerations do not constitute final agency action. |
| 277 | (f) The technical data and information applicable to the |
| 278 | planning region which are contained in the district water |
| 279 | management plan and are necessary to support the regional water |
| 280 | supply plan. |
| 281 | (g) The minimum flows and levels established for water |
| 282 | resources within the planning region. |
| 283 | (h) Reservations of water adopted by rule pursuant to s. |
| 284 | 373.223(4). |
| 285 | (i) An analysis, developed in cooperation with the |
| 286 | department, of areas or instances in which the variance |
| 287 | provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to |
| 288 | create water supply development or water resource development |
| 289 | projects. |
| 290 |
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| 291 | Within the boundaries of a regional water supply authority in |
| 292 | the Southwest Florida Water Management District, the water |
| 293 | supply development component of the regional water supply plan |
| 294 | relating to the use of water by the authority shall be developed |
| 295 | jointly by the authority and the district. |
| 296 | (5) By November 15, 1997, and Annually and in conjunction |
| 297 | with the reporting requirements of s. 373.536(6)(a)4. |
| 298 | thereafter, the department shall submit to the Governor and the |
| 299 | Legislature a report on the status of regional water supply |
| 300 | planning in each district. The report shall include: |
| 301 | (a) A compilation of the estimated costs of and potential |
| 302 | sources of funding for water resource development and water |
| 303 | supply development projects, as identified in the water |
| 304 | management district regional water supply plans. |
| 305 | (b) A description of each district's progress toward |
| 306 | achieving its water resource development objectives, as directed |
| 307 | by s. 373.0831(3), including the district's implementation of |
| 308 | its 5-year water resource development work program. |
| 309 | (c) An assessment of the overall progress being made to |
| 310 | develop water supply that is consistent with regional water |
| 311 | supply plans to meet existing and future reasonable-beneficial |
| 312 | needs during a 1-in-10-year drought. |
| 313 | (6) Nothing contained in the water supply development |
| 314 | component of the district water management plan shall be |
| 315 | construed to require local governments, government-owned or |
| 316 | privately owned water utilities, self-suppliers, or other water |
| 317 | suppliers to select a water supply development option identified |
| 318 | in the component merely because it is identified in the plan, |
| 319 | nor may the plan be used in the review of permits under part II |
| 320 | unless the plan, or an applicable portion thereof, has been |
| 321 | adopted by rule. However, this subsection does not prohibit a |
| 322 | water management district from employing the data or other |
| 323 | information used to establish the plan in reviewing permits |
| 324 | under part II, nor does it shall not be construed to limit the |
| 325 | authority of the department or governing board under part II. |
| 326 | Section 4. Subsection (3) of section 373.0831, Florida |
| 327 | Statutes, is amended, and paragraph (c) is added to subsection |
| 328 | (4) of that section, to read: |
| 329 | 373.0831 Water resource development; water supply |
| 330 | development.-- |
| 331 | (3) The water management districts shall fund and |
| 332 | implement water resource development as defined in s. 373.019. |
| 333 | The water management districts are encouraged to implement water |
| 334 | resource development as expeditiously as possible in areas |
| 335 | subject to regional water supply plans. Each governing board |
| 336 | shall include in its annual budget the amount needed for the |
| 337 | fiscal year to implement water resource development projects, as |
| 338 | prioritized in its regional water supply plans. |
| 339 | (4) |
| 340 | (c) If a proposed alternative water supply development |
| 341 | project is identified in the relevant approved regional water |
| 342 | supply plan, the project shall receive: |
| 343 | 1. A 20-year consumptive use permit, if it otherwise meets |
| 344 | the permit requirements under ss. 373.223 and 373.236 and rules |
| 345 | adopted thereunder. |
| 346 | 2. Consideration for priority funding pursuant to s. |
| 347 | 373.1961(2) if the project meets one of the criteria in this |
| 348 | subsection. |
| 349 | Section 5. Subsection (2) of section 373.1961, Florida |
| 350 | Statutes, is amended to read: |
| 351 | 373.1961 Water production.-- |
| 352 | (2) The Legislature finds that, due to a combination of |
| 353 | factors, vastly increased demands have been placed on natural |
| 354 | supplies of fresh water, and that, absent increased development |
| 355 | of alternative water supplies, such demands may increase in the |
| 356 | future. The Legislature also finds that potential exists in the |
| 357 | state for the production of significant quantities of |
| 358 | alternative water supplies, including reclaimed water, and that |
| 359 | water production includes the development of alternative water |
| 360 | supplies, including reclaimed water, for appropriate uses. It is |
| 361 | the intent of the Legislature that utilities develop reclaimed |
| 362 | water systems, where reclaimed water is the most appropriate |
| 363 | alternative water supply option, to deliver reclaimed water to |
| 364 | as many users as possible through the most cost-effective means, |
| 365 | and to construct reclaimed water system infrastructure to their |
| 366 | owned or operated properties and facilities where they have |
| 367 | reclamation capability. It is also the intent of the Legislature |
| 368 | that the water management districts which levy ad valorem taxes |
| 369 | for water management purposes should share a percentage of those |
| 370 | tax revenues with water providers and users, including local |
| 371 | governments, water, wastewater, and reuse utilities, municipal, |
| 372 | industrial, and agricultural water users, and other public and |
| 373 | private water users, to be used to supplement other funding |
| 374 | sources in the development of alternative water supplies. The |
| 375 | Legislature finds that public moneys or services provided to |
| 376 | private entities for such uses constitute public purposes which |
| 377 | are in the public interest. In order to further the development |
| 378 | and use of alternative water supply systems, including reclaimed |
| 379 | water systems, the Legislature provides the following: |
| 380 | (a) The governing boards of the water management districts |
| 381 | where water resource caution areas have been designated shall |
| 382 | include in their annual budgets an amount for the development of |
| 383 | alternative water supply systems, including reclaimed water |
| 384 | systems, pursuant to the requirements of this subsection. |
| 385 | Beginning in 1996, such amounts shall be made available to water |
| 386 | providers and users no later than December 31 of each year, |
| 387 | through grants, matching grants, revolving loans, or the use of |
| 388 | district lands or facilities pursuant to the requirements of |
| 389 | this subsection and guidelines established by the districts. In |
| 390 | making grants or loans, funding priority must be given to |
| 391 | projects in accordance with s. 373.0831(4). Without diminishing |
| 392 | amounts available through other means described in this |
| 393 | paragraph, the governing boards are encouraged to consider |
| 394 | establishing revolving loan funds to expand the total funds |
| 395 | available to accomplish the objectives of this section. A |
| 396 | revolving loan fund created under this paragraph must be a |
| 397 | nonlapsing fund from which the water management district may |
| 398 | make loans with interest rates below prevailing market rates to |
| 399 | public or private entities for the purposes described in this |
| 400 | section. The governing board may adopt resolutions to establish |
| 401 | revolving loan funds which must specify the details of the |
| 402 | administration of the fund, the procedures for applying for |
| 403 | loans from the fund, the criteria for awarding loans from the |
| 404 | fund, the initial capitalization of the fund, and the goals for |
| 405 | future capitalization of the fund in subsequent budget years. |
| 406 | Revolving loan funds created under this paragraph must be used |
| 407 | to expand the total sums and sources of cooperative funding |
| 408 | available for the development of alternative water supplies. The |
| 409 | Legislature does not intend for the creation of revolving loan |
| 410 | funds to supplant or otherwise reduce existing sources or |
| 411 | amounts of funds currently available through other means. |
| 412 | (b) It is the intent of the Legislature that for each |
| 413 | reclaimed water utility, or any other utility, which receives |
| 414 | funds pursuant to this subsection, the appropriate rate-setting |
| 415 | authorities should develop rate structures for all water, |
| 416 | wastewater, and reclaimed water and other alternative water |
| 417 | supply utilities in the service area of the funded utility, |
| 418 | which accomplish the following: |
| 419 | 1. Provide meaningful progress toward the development and |
| 420 | implementation of alternative water supply systems, including |
| 421 | reclaimed water systems; |
| 422 | 2. Promote the conservation of fresh water withdrawn from |
| 423 | natural systems; |
| 424 | 3. Provide for an appropriate distribution of costs for |
| 425 | all water, wastewater, and alternative water supply utilities, |
| 426 | including reclaimed water utilities, among all of the users of |
| 427 | those utilities; and |
| 428 | 4. Prohibit rate discrimination within classes of utility |
| 429 | users. |
| 430 | (c) Funding assistance provided by the water management |
| 431 | districts for a water reuse system project may include the |
| 432 | following grant or loan conditions for that project if the water |
| 433 | management district determines that such conditions will |
| 434 | encourage water use efficiency: |
| 435 | 1. Metering of reclaimed water use for the following |
| 436 | activities: residential irrigation, agricultural irrigation, |
| 437 | industrial uses except for electric utilities as defined in s. |
| 438 | 366.02(2), landscape irrigation, irrigation of other public |
| 439 | access areas, commercial and institutional uses such as toilet |
| 440 | flushing, and transfers to other reclaimed water utilities. |
| 441 | 2. Implementation of reclaimed water rate structures based |
| 442 | on actual use of reclaimed water for the types of reuse |
| 443 | activities listed in subparagraph 1. |
| 444 | 3. Implementation of education programs to inform the |
| 445 | public about water issues, water conservation, and the |
| 446 | importance and proper use of reclaimed water. |
| 447 | 4. Development of location data for key reuse facilities. |
| 448 | (d)(c) In order to be eligible for funding pursuant to |
| 449 | this subsection, a project must be consistent with a local |
| 450 | government comprehensive plan and the governing body of the |
| 451 | local government must require all appropriate new facilities |
| 452 | within the project's service area to connect to and use the |
| 453 | project's alternative water supplies. The appropriate local |
| 454 | government must provide written notification to the appropriate |
| 455 | district that the proposed project is consistent with the local |
| 456 | government comprehensive plan. |
| 457 | (e)(d) Any and all revenues disbursed pursuant to this |
| 458 | subsection shall be applied only for the payment of capital or |
| 459 | infrastructure costs for the construction of alternative water |
| 460 | supply systems that provide alternative water supplies. |
| 461 | (f)(e) By January 1 of each year, the governing boards |
| 462 | shall make available written guidelines for the disbursal of |
| 463 | revenues pursuant to this subsection. Such guidelines shall |
| 464 | include at minimum: |
| 465 | 1. An application process and a deadline for filing |
| 466 | applications annually. |
| 467 | 2. A process for determining project eligibility pursuant |
| 468 | to the requirements of paragraphs (d) (c) and (e) (d). |
| 469 | 3. A process and criteria for funding projects pursuant to |
| 470 | this subsection that cross district boundaries or that serve |
| 471 | more than one district. |
| 472 | (g)(f) The governing board of each water management |
| 473 | district shall establish an alternative water supplies grants |
| 474 | advisory committee to recommend to the governing board projects |
| 475 | for funding pursuant to this subsection. The advisory committee |
| 476 | members shall include, but not be limited to, one or more |
| 477 | representatives of county, municipal, and investor-owned private |
| 478 | utilities, and may include, but not be limited to, |
| 479 | representatives of agricultural interests and environmental |
| 480 | interests. Each committee member shall represent his or her |
| 481 | interest group as a whole and shall not represent any specific |
| 482 | entity. The committee shall apply the guidelines and project |
| 483 | eligibility criteria established by the governing board in |
| 484 | reviewing proposed projects. After one or more hearings to |
| 485 | solicit public input on eligible projects, the committee shall |
| 486 | rank the eligible projects and shall submit them to the |
| 487 | governing board for final funding approval. The advisory |
| 488 | committee may submit to the governing board more projects than |
| 489 | the available grant money would fund. |
| 490 | (h)(g) All revenues made available annually pursuant to |
| 491 | this subsection must be encumbered annually by the governing |
| 492 | board if it approves projects sufficient to expend the available |
| 493 | revenues. Funds must be disbursed within 36 months after |
| 494 | encumbrance. |
| 495 | (i)(h) For purposes of this subsection, alternative water |
| 496 | supplies are supplies of water that have been reclaimed after |
| 497 | one or more public supply, municipal, industrial, commercial, or |
| 498 | agricultural uses, or are supplies of stormwater, or brackish or |
| 499 | salt water, that have been treated in accordance with applicable |
| 500 | rules and standards sufficient to supply the intended use. |
| 501 | (j)(i) This subsection shall not be subject to the |
| 502 | rulemaking requirements of chapter 120. |
| 503 | (k)(j) By January 30 of each year, each water management |
| 504 | district shall submit an annual report to the Governor, the |
| 505 | President of the Senate, and the Speaker of the House of |
| 506 | Representatives which accounts for the disbursal of all budgeted |
| 507 | amounts pursuant to this subsection. Such report shall describe |
| 508 | all projects funded and shall account separately for moneys |
| 509 | provided through grants, matching grants, revolving loans, and |
| 510 | the use of district lands or facilities. |
| 511 | (l)(k) The Florida Public Service Commission shall allow |
| 512 | entities under its jurisdiction constructing alternative water |
| 513 | supply facilities, including but not limited to aquifer storage |
| 514 | and recovery wells, to recover the full, prudently incurred cost |
| 515 | of such facilities through their rate structure. Every component |
| 516 | of an alternative water supply facility constructed by an |
| 517 | investor-owned utility shall be recovered in current rates. |
| 518 | Section 6. Paragraph (a) of subsection (6) of section |
| 519 | 373.536, Florida Statutes, is amended to read: |
| 520 | 373.536 District budget and hearing thereon.-- |
| 521 | (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN; |
| 522 | WATER RESOURCE DEVELOPMENT WORK PROGRAM.-- |
| 523 | (a) Each district must, by the date specified for each |
| 524 | item, furnish copies of the following documents to the Governor, |
| 525 | the President of the Senate, the Speaker of the House of |
| 526 | Representatives, the chairs of all legislative committees and |
| 527 | subcommittees having substantive or fiscal jurisdiction over the |
| 528 | districts, as determined by the President of the Senate or the |
| 529 | Speaker of the House of Representatives as applicable, the |
| 530 | secretary of the department, and the governing board of each |
| 531 | county in which the district has jurisdiction or derives any |
| 532 | funds for the operations of the district: |
| 533 | 1. The adopted budget, to be furnished within 10 days |
| 534 | after its adoption. |
| 535 | 2. A financial audit of its accounts and records, to be |
| 536 | furnished within 10 days after its acceptance by the governing |
| 537 | board. The audit must be conducted in accordance with the |
| 538 | provisions of s. 11.45 and the rules adopted thereunder. In |
| 539 | addition to the entities named above, the district must provide |
| 540 | a copy of the audit to the Auditor General within 10 days after |
| 541 | its acceptance by the governing board. |
| 542 | 3. A 5-year capital improvements plan, to be furnished |
| 543 | within 45 days after the adoption of the final budget. The plan |
| 544 | must include expected sources of revenue for planned |
| 545 | improvements and must be prepared in a manner comparable to the |
| 546 | fixed capital outlay format set forth in s. 216.043. |
| 547 | 4. A 5-year water resource development work program to be |
| 548 | furnished within 45 days after the adoption of the final budget. |
| 549 | The program must describe the district's implementation strategy |
| 550 | for the water resource development component of each approved |
| 551 | regional water supply plan developed or revised under s. |
| 552 | 373.0361. The work program must address all the elements of the |
| 553 | water resource development component in the district's approved |
| 554 | regional water supply plans and must identify which projects in |
| 555 | the work program will provide water, explain how each water |
| 556 | resource development project will produce additional water |
| 557 | available for consumptive uses, estimate the quantity of water |
| 558 | to be produced by each project, and provide an assessment of the |
| 559 | contribution of the district's regional water supply plans in |
| 560 | providing sufficient water to meet the water supply needs of |
| 561 | existing and future reasonable-beneficial uses for a 1-in-10- |
| 562 | year drought event. Within 45 days after its submittal, the |
| 563 | department shall review the proposed work program and submit its |
| 564 | findings, questions, and comments to the district. The review |
| 565 | must include a written evaluation of the program's consistency |
| 566 | with the furtherance of the district's approved regional water |
| 567 | supply plans, and the adequacy of proposed expenditures. As part |
| 568 | of the review, the department shall give interested parties the |
| 569 | opportunity to provide written comments on each district's |
| 570 | proposed work program. Within 60 days after receipt of the |
| 571 | department's evaluation, the governing board shall state in |
| 572 | writing to the department which changes recommended in the |
| 573 | evaluation it will incorporate into its work program or specify |
| 574 | the reasons for not incorporating the changes. The department |
| 575 | shall include the district's responses in a final evaluation |
| 576 | report and shall submit a copy of the report to the Governor, |
| 577 | the President of the Senate, and the Speaker of the House of |
| 578 | Representatives. |
| 579 | (b) If any entity listed in paragraph (a) provides written |
| 580 | comments to the district regarding any document furnished under |
| 581 | this subsection, the district must respond to the comments in |
| 582 | writing and furnish copies of the comments and written responses |
| 583 | to the other entities. |
| 584 | Section 7. Subsections (1) and (6) of section 403.064, |
| 585 | Florida Statutes, are amended, and subsection (16) is added to |
| 586 | that section, to read: |
| 587 | 403.064 Reuse of reclaimed water.-- |
| 588 | (1) The encouragement and promotion of water conservation, |
| 589 | and reuse of reclaimed water, as defined by the department, are |
| 590 | state objectives and are considered to be in the public |
| 591 | interest. The Legislature finds that the reuse of reclaimed |
| 592 | water is a critical component of meeting the state's existing |
| 593 | and future water supply needs while sustaining natural systems. |
| 594 | The Legislature further finds that for those wastewater |
| 595 | treatment plants permitted and operated under an approved reuse |
| 596 | program by the department, the reclaimed water shall be |
| 597 | considered environmentally acceptable and not a threat to public |
| 598 | health and safety. The Legislature encourages the development of |
| 599 | incentive-based programs for reuse implementation. |
| 600 | (6) A reuse feasibility study prepared under subsection |
| 601 | (2) satisfies a water management district requirement to conduct |
| 602 | a reuse feasibility study imposed on a local government or |
| 603 | utility that has responsibility for wastewater management. The |
| 604 | data included in the study and the conclusions of the study must |
| 605 | be given significant consideration by the applicant and the |
| 606 | appropriate water management district in an analysis of the |
| 607 | economic, environmental, and technical feasibility of providing |
| 608 | reclaimed water for reuse under part II of chapter 373 and must |
| 609 | be presumed relevant to the determination of feasibility. A |
| 610 | water management district may not require a separate study when |
| 611 | a reuse feasibility study has been completed under subsection |
| 612 | (2). |
| 613 | (16) Utilities implementing reuse projects are encouraged, |
| 614 | except in the case of use by electric utilities as defined in s. |
| 615 | 366.02(2), to meter use of reclaimed water by all end users and |
| 616 | to charge for the use of reclaimed water based on the actual |
| 617 | volume used when such metering and charges can be shown to |
| 618 | encourage water conservation. Metering and the use of volume- |
| 619 | based rates are effective water management tools for the |
| 620 | following reuse activities: residential irrigation, agricultural |
| 621 | irrigation, industrial uses, landscape irrigation, irrigation of |
| 622 | other public access areas, commercial and institutional uses |
| 623 | such as toilet flushing, and transfers to other reclaimed water |
| 624 | utilities. Beginning with the submittal due on January 1, 2005, |
| 625 | each domestic wastewater utility that provides reclaimed water |
| 626 | for the reuse activities listed in this section shall include a |
| 627 | summary of its metering and rate structure as part of its annual |
| 628 | reuse report to the department. |
| 629 | Section 8. Section 403.0645, Florida Statutes, is created |
| 630 | to read: |
| 631 | 403.0645 Reclaimed water use at state facilities.-- |
| 632 | (1) The encouragement and promotion of reuse of reclaimed |
| 633 | water has been established as a state objective in ss. 373.250 |
| 634 | and 403.064. Reuse has become an integral part of water and |
| 635 | wastewater management in Florida, and Florida is recognized as a |
| 636 | national leader in water reuse. |
| 637 | (2) The state and various state agencies and water |
| 638 | management districts should take a leadership role in using |
| 639 | reclaimed water in lieu of other water sources. The use of |
| 640 | reclaimed water by state agencies and facilities will conserve |
| 641 | potable water and will serve an important public education |
| 642 | function. |
| 643 | (3) Each state agency and water management district shall |
| 644 | use reclaimed water to the greatest extent practicable for |
| 645 | landscape irrigation, toilet flushing, aesthetic features such |
| 646 | as decorative ponds and fountains, cooling water, and other |
| 647 | useful purposes allowed by department rules at state facilities, |
| 648 | including, but not limited to, parks, rest areas, visitor |
| 649 | welcome centers, buildings, college campuses, and other |
| 650 | facilities. |
| 651 | (4) Each state agency and water management district shall |
| 652 | submit to the Secretary of Environmental Protection by February |
| 653 | 1 of each year a summary of activities designed to utilize |
| 654 | reclaimed water at its facilities along with a summary of the |
| 655 | amounts of reclaimed water actually used for beneficial |
| 656 | purposes. |
| 657 | Section 9. Paragraph (b) of subsection (3) of section |
| 658 | 403.1835, Florida Statutes, is amended to read: |
| 659 | 403.1835 Water pollution control financial assistance.-- |
| 660 | (3) The department may provide financial assistance |
| 661 | through any program authorized under s. 603 of the Federal Water |
| 662 | Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as |
| 663 | amended, including, but not limited to, making grants and loans, |
| 664 | providing loan guarantees, purchasing loan insurance or other |
| 665 | credit enhancements, and buying or refinancing local debt. This |
| 666 | financial assistance must be administered in accordance with |
| 667 | this section and applicable federal authorities. The department |
| 668 | shall administer all programs operated from funds secured |
| 669 | through the activities of the Florida Water Pollution Control |
| 670 | Financing Corporation under s. 403.1837, to fulfill the purposes |
| 671 | of this section. |
| 672 | (b) The department may make or request the corporation to |
| 673 | make loans, grants, and deposits to other entities eligible to |
| 674 | participate in the financial assistance programs authorized |
| 675 | under the Federal Water Pollution Control Act, or as a result of |
| 676 | other federal action, which entities may pledge any revenue |
| 677 | available to them to repay any funds borrowed. Notwithstanding |
| 678 | s. 17.57, the department may make deposits to financial |
| 679 | institutions which earn less than the prevailing rate for United |
| 680 | States Treasury securities with corresponding maturities for the |
| 681 | purpose of enabling such financial institutions to make below- |
| 682 | market interest rate loans to entities qualified to receive |
| 683 | loans under this section and the rules of the department. |
| 684 | Section 10. The Legislature finds that, within the area |
| 685 | identified in the Lower East Coast Regional Water Supply Plan |
| 686 | approved by the South Florida Water Management District pursuant |
| 687 | to section 373.0361, Florida Statutes, the groundwater levels |
| 688 | can benefit from augmentation. The Legislature finds that the |
| 689 | direct or indirect discharge of reclaimed water into canals and |
| 690 | the aquifer system for transport and subsequent reuse may |
| 691 | provide an environmentally acceptable means to augment water |
| 692 | supplies and enhance natural systems; however, the Legislature |
| 693 | also recognizes that there are water quality and water quantity |
| 694 | issues that must be better understood and resolved. In addition, |
| 695 | cost savings may be possible by collocating enclosed conduits |
| 696 | for conveyance of water for reuse in this area within canal |
| 697 | rights-of-way which should be investigated. The Department of |
| 698 | Environmental Protection, in consultation with the South Florida |
| 699 | Water Management District, southeast Florida utilities, affected |
| 700 | local governments, including local governments with principal |
| 701 | responsibility for the operation and maintenance of a water |
| 702 | control system capable of conveying reclaimed wastewater for |
| 703 | reuse, representatives of the environmental and engineering |
| 704 | communities, public health professionals, and individuals who |
| 705 | have expertise in water quality, shall conduct a study to |
| 706 | investigate the feasibility of discharging reclaimed wastewater |
| 707 | into canals and the aquifer system as an environmentally |
| 708 | acceptable means of augmenting groundwater supplies, enhancing |
| 709 | natural systems, and conveying reuse water within enclosed |
| 710 | conduits within the canal right-of-way. In the event any |
| 711 | discharges are made as part of the study, such discharges must |
| 712 | comply with applicable federal, state and local law, including |
| 713 | applicable regulations. The study must include an assessment of |
| 714 | the water quality, water supply, public health, technical, and |
| 715 | legal implications related to the canal discharge and |
| 716 | collocation concepts. The department shall issue a preliminary |
| 717 | written report containing draft findings and recommendations for |
| 718 | public comment by November 1, 2005. The department shall provide |
| 719 | a written report on the results of its study, including public |
| 720 | comments received, to the Governor and the relevant substantive |
| 721 | committees of the Senate and the House of Representatives by |
| 722 | January 31, 2006. This section may not be used to alter the |
| 723 | purpose of the Comprehensive Everglades Restoration Plan or the |
| 724 | implementation of the Water Resources Development Act of 2000. |
| 725 | Section 11. This act shall take effect upon becoming a law |
| 726 | and shall apply to all contracts pending on that date. |