HB 1881

CS

CHAMBER ACTION

1	The State Resources Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the development of water supplies;
7	amending s. 373.019, F.S.; creating definitions for
8	"alternative water supplies," "capital costs," and
9	"multijurisdictional water supply entity"; amending s.
10	373.0361, F.S.; providing for the development of regional
11	water supply plans; providing requirements for the content
12	of each plan; providing for an approval process for the
13	plans; providing for annual updates; providing for local
14	government use of the plans; providing notification
15	requirements for water management districts concerning
16	findings within the plan; changing the deadline for
17	certain plan updates; amending s. 373.196, F.S.;
18	encouraging cooperation in the development of water
19	supplies; providing for alternative water supply
20	development; encouraging municipalities, counties, and
21	special districts to create regional water supply
22	authorities; establishing the primary roles of the water
23	management district in alternative water supply
24	development; establishing the primary roles of local
25	governments, regional water supply authorities, special
26	districts, and publicly and privately owned water
27	utilities in alternative water supply development;
28	amending s. 373.1961, F.S.; providing general powers and
29	duties of the water management districts in water
30	production; requiring that the water management districts
31	include the amount needed to implement the water supply
32	development projects in each annual budget; establishing
33	general funding criteria for funding assistance to water
34	management districts; establishing economic incentives for
35	alternative water supply development; requiring that
36	funding assistance for alternative water supply
37	development be limited to a percentage of the local
38	capital costs of an approved project; requiring that the
39	governing board or alternative water supplies advisory
40	committee recommend alternative water supply projects for
41	funding; establishing criteria; providing for cost
42	recovery from the Public Service Commission; establishing
43	criteria for funding assistance for water reuse systems;
44	amending s. 373.1962, F.S.; clarifying that counties,
45	municipalities, and special districts may execute
46	interlocal agreements to create regional water supply
47	authorities; amending s. 373.1963, F.S.; prohibiting
48	certain transfers of water without prior consent; amending
49	s. 373.223, F.S.; establishing criteria for certain water
50	supply entities to be presumed to have a use consistent
51	with the public interest for requirements for consumptive
52	use permitting; amending s. 373.236, F.S.; providing
53	permits of at least 20 years for development of
54	alternative water supplies under certain conditions;
55	amending ss. 373.036, 373.421, 403.813, and 556.102, F.S.;
56	conforming cross references; providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Subsections (1) through (9) and (10) through
61	(23) of section 373.019, Florida Statutes, are renumbered as
62	subsections (2) through (11) and (13) through (26),
63	respectively, and new subsections (1), (2), and (12) are added
64	to said section to read:
65	373.019  Definitions.--When appearing in this chapter or in
66	any rule, regulation, or order adopted pursuant thereto, the
67	following words shall, unless the context clearly indicates
68	otherwise, mean:
69	(1)  "Alternative water supplies" means saltwater; brackish
70	surface and groundwater; surface water captured predominantly
71	during wet-weather flows; sources made available through the
72	addition of new storage capacity for surface or groundwater;
73	water that has been reclaimed after one or more public supply,
74	municipal, industrial, commercial, or agricultural uses; the
75	downstream augmentation of waterbodies with reclaimed water;
76	stormwater; and any other water supply source that is designated
77	as nontraditional for a water supply planning region in the
78	applicable regional water supply plan.
79	(2)  "Capital costs" means planning, design, engineering,
80	and project construction costs.
81	(12)  "Multijurisdictional water supply entity" means two
82	or more water utilities or local governments, organized into a
83	larger entity or that have entered into an interlocal agreement
84	or contract, for the purpose of more efficiently pursuing water
85	supply development or alternative water supply development
86	projects listed pursuant to a regional water supply plan.
87	Section 2.  Section 373.0361, Florida Statutes, is amended
88	to read:
89	(Substantial rewording of section. See
90	s. 373.0361, Florida Statutes, for present text.)
91	373.0361  Regional water supply planning.--
92	(1)  The governing board of each water management district
93	shall conduct water supply planning for any water supply
94	planning region within the district identified in the
95	appropriate district water supply plan under s. 373.036, where
96	it determines that existing sources of water are not adequate to
97	supply water for all existing and future reasonable-beneficial
98	uses and to sustain the water resources and related natural
99	systems for the planning period. The planning must be conducted
100	in an open public process in coordination and cooperation with
101	local governments, regional water supply authorities,
102	government-owned and privately owned water utilities, self-
103	suppliers, and other affected and interested parties. The
104	districts will actively engage in public education and outreach
105	to all affected local entities and their officials, as well as
106	to members of the public, in the planning process and in seeking
107	input. During preparation, but prior to completion of the
108	regional water supply plan, the district must conduct at least
109	one public workshop to discuss the technical data and modeling
110	tools anticipated to be used to support the regional water
111	supply plan. The district shall also hold several public
112	meetings to communicate the status, overall conceptual intent,
113	and impacts of the plan on existing and future reasonable-
114	beneficial uses and natural systems. A determination by the
115	governing board that initiation of a regional water supply plan
116	for a specific planning region is not needed pursuant to this
117	section shall be subject to s. 120.569. The governing board
118	shall reevaluate such a determination at least once every 5
119	years and shall initiate a regional water supply plan, if
120	needed, pursuant to this subsection.
121	(2)  Each regional water supply plan shall be based on at
122	least a 20-year planning period and shall include, but is not
123	limited to:
124	(a)  A water supply development component for each water
125	supply planning region identified by the district that includes:
126	1.  A quantification of the water supply needs for all
127	existing and future reasonable-beneficial uses within the
128	planning horizon. The level-of-certainty planning goal
129	associated with identifying the water supply needs of existing
130	and future reasonable-beneficial uses shall be based upon
131	meeting those needs for a 1-in-10-year drought event. Population
132	projections used for determining public water supply needs must
133	be based upon the best available data. In determining the best
134	available data, the district shall consider the University of
135	Florida's Bureau of Economic and Business Research (BEBR) medium
136	population projections and any population projection data and
137	analysis submitted by a local government pursuant to the public
138	workshop described in subsection (1) if the data and analysis
139	support the local government's comprehensive plan. Any
140	adjustment of or deviation from the BEBR projections must be
141	fully described, and the original BEBR data must be presented
142	along with the adjusted data.
143	2.  A list of water supply development project options,
144	including traditional and alternative water supply project
145	options, from which local government, government-owned and
146	privately owned utilities, self-suppliers, and others may choose
147	for water supply development. In addition to projects listed by
148	the district, such users may propose specific projects for
149	inclusion in the list of alternative water supply projects. In
150	the event such users propose a project to be listed as an
151	alternative water supply project, the district shall determine
152	whether it meets the goals of the plan and will be included in
153	the list. The total capacity of the projects included in the
154	plan shall exceed the needs identified in subparagraph 1. and
155	shall take into account water conservation and other demand
156	management measures, as well as water resources constraints,
157	including adopted minimum flows and levels and water
158	reservations. Where the district determines it is appropriate,
159	the plan should specifically identify the need for
160	multijurisdictional approaches to project options that, based on
161	planning level analysis, are appropriate to supply the intended
162	uses and that, based on such analysis, appear to be permittable
163	and financially and technically feasible.
164	3.  For each project option identified in subparagraph 2.,
165	the following shall be provided:
166	a.  An estimate of the amount of water to become available
167	through the project.
168	b.  The timeframe in which the project option should be
169	implemented and the estimated planning level costs for capital
170	investment and operating and maintaining the project.
171	c.  An analysis of funding needs and sources of possible
172	funding options.
173	d.  Identification of the entity that should implement each
174	project option and the current status of project implementation.
175	(b)  A water resource development component that includes:
176	1.  A listing of those water resource development projects
177	that support water supply development.
178	2.  For each water resource development project listed:
179	a.  An estimate of the amount of water to become available
180	through the project.
181	b.  The timeframe in which the project option should be
182	implemented and the estimated planning level costs for capital
183	investment and operating and maintaining the project.
184	c.  An analysis of funding needs and sources of possible
185	funding options.
186	d.  Identification of the entity that should implement each
187	project option and the current status of project implementation.
188	(c)  The recovery and prevention strategy described in s.
189	373.0421(2).
190	(d)  A funding strategy for water resource development
191	projects, which shall be reasonable and sufficient to pay the
192	cost of constructing or implementing all of the listed projects.
193	(e)  Consideration of how the project options addressed in
194	paragraph (a) serve the public interest or save costs overall by
195	preventing the loss of natural resources or avoiding greater
196	future expenditures for water resource development or water
197	supply development. However, unless adopted by rule, these
198	considerations do not constitute final agency action.
199	(f)  The technical data and information applicable to each
200	planning region which are necessary to support the regional
201	water supply plan.
202	(g)  The minimum flows and levels established for water
203	resources within each planning region.
204	(h)  Reservations of water adopted by rule pursuant to s.
205	373.223(4) within each planning region.
206	(i)  Identification of surface waters or aquifers for which
207	minimum flows and levels are scheduled to be adopted.
208	(j)  An analysis, developed in cooperation with the
209	department, of areas or instances in which the variance
210	provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
211	create water supply development or water resource development
212	projects.
213	(3)  The water supply development component of a regional
214	water supply plan which deals with or affects public utilities
215	and public water supply for those areas served by a regional
216	water supply authority and its member governments within the
217	boundary of the Southwest Florida Water Management District
218	shall be developed jointly by the authority and the district. In
219	areas not served by regional water supply authorities or other
220	multijurisdictional water supply entities and where
221	opportunities exist to meet water supply needs more efficiently
222	through multijurisdictional projects identified under s.
223	373.0361(2)(a)2., water management districts are directed to
224	assist in developing multijurisdictional approaches to water
225	supply project development jointly with affected water
226	utilities, special districts, and local governments.
227	(4)  Governing board approval of a regional water supply
228	plan shall not be subject to the rulemaking requirements of
229	chapter 120. However, any portion of an approved regional water
230	supply plan which affects the substantial interests of a party
231	shall be subject to s. 120.569.
232	(5)  Annually and in conjunction with the reporting
233	requirements of s. 373.536(6)(a)4., the department shall submit
234	to the Governor and the Legislature a report on the status of
235	regional water supply planning in each district. The report
236	shall include:
237	(a)  A compilation of the estimated costs of and potential
238	sources of funding for water resource development and water
239	supply development projects as identified in the water
240	management district regional water supply plans.
241	(b)  The percentage and amount, by district, of district ad
242	valorem tax revenues or other district funds made available to
243	develop alternative water supplies.
244	(c)  A description of each district's progress toward
245	achieving its water resource development objectives, including
246	the district's implementation of its 5-year water resource
247	development work program.
248	(d)  An assessment of the specific progress being made to
249	implement each alternative water supply project option chosen by
250	the entities identified for implementation in the plan.
251	(6)  Nothing contained in the water supply development
252	component of a regional water supply plan shall be construed to
253	require local governments, government-owned or privately owned
254	water utilities, special districts, self-suppliers, regional
255	water supply authorities, or other water suppliers to select a
256	water supply development project identified in the component
257	merely because it is identified in the plan. Except as provided
258	in s. 373.223(3) and (5), the plan may not be used in the review
259	of permits under part II unless the plan, or an applicable
260	portion thereof, has been adopted by rule. However, this
261	subsection does not prohibit a water management district from
262	employing the data or other information used to establish the
263	plan in reviewing permits under part II and does not limit the
264	authority of the department or governing board under part II.
265	(7)(a)  Where the water supply component of a water supply
266	planning region shows the need for one or more alternative water
267	supply projects, the district shall notify the local governments
268	and make every reasonable effort to educate and involve local
269	public officials in working toward solutions in conjunction with
270	the districts and, where appropriate, other local and regional
271	water supply entities.
272	(b)  Within 1 year after governing board approval of a
273	regional water supply plan, each entity identified in sub-
274	subparagraph (2)(a)3.d. shall provide written notification to
275	the water management district of the following: the water supply
276	project options it has developed or intends to develop, if any;
277	an estimate of the quantity of water to be produced by each
278	project; and the status of project implementation, including
279	development of the financial plan, facilities master planning,
280	permitting, and efforts to coordinate multijurisdictional
281	projects, if applicable. The information provided in the
282	notification shall be updated on an annual basis, and a progress
283	report shall be provided by November 15 of each year to the
284	water management district. If an entity proposed a water supply
285	project that is not in the plan, the entity shall request that
286	the water management district consider the project for inclusion
287	in the regional water supply plan.
288	(8)  For any regional water supply plan that is scheduled
289	to be updated before December 31, 2005, the timeframe for such
290	update shall be extended for 1 year.
291	Section 3.  Section 373.196, Florida Statutes, is amended
292	to read:
293	(Substantial rewording of section. See
294	s. 373.196, Florida Statutes, for present text.)
295	373.196  Alternative water supply development.--
296	(1)  The purpose of this section is to encourage
297	cooperation in the development of water supplies and to provide
298	for alternative water supply development.
299	(a)  Demands on natural supplies of fresh water to meet the
300	needs of a rapidly growing population and the needs of the
301	environment, agriculture, industry, and mining will continue to
302	increase.
303	(b)  There is a need for the development of alternative
304	water supplies for Florida to sustain its economic growth,
305	economic viability, and natural resources.
306	(c)  Cooperative efforts between municipalities, counties,
307	special districts, water management districts, and the
308	Department of Environmental Protection are mandatory in order to
309	meet the water needs of rapidly urbanizing areas in a manner
310	which will supply adequate and dependable supplies of water
311	where needed without resulting in adverse effects upon the areas
312	from whence such water is withdrawn. Such efforts should utilize
313	all practical means of obtaining water, including, but not
314	limited to, withdrawals of surface water and groundwater, reuse,
315	and desalination and will necessitate not only cooperation but
316	also well-coordinated activities. Municipalities, counties, and
317	special districts are encouraged to create multijurisdictional
318	water supply entities and regional water supply authorities as
319	authorized in s. 373.1962.
320	(d)  Alternative water supply development must receive
321	priority funding attention to increase the available supplies of
322	water to meet all existing and future reasonable-beneficial uses
323	and to benefit the natural systems.
324	(e)  Cooperation between counties, municipalities, regional
325	water supply authorities, multijurisdictional water supply
326	entities, special districts, and publicly and privately owned
327	water utilities in the development of countywide and
328	multicountywide alternative water supply projects will allow for
329	necessary economies of scale and efficiencies to be achieved in
330	order to accelerate the development of new, dependable, and
331	sustainable alternative water supplies.
332	(f)  It is in the public interest that county, municipal,
333	industrial, agricultural, and other public and private water
334	users, the Department of Environmental Protection, and the water
335	management districts cooperate and work together in the
336	development of alternative water supplies to avoid the adverse
337	effects of competition for limited supplies of water. Public
338	moneys or services provided to private entities for alternative
339	water supply development may constitute public purposes that
340	also are in the public interest.
341	(2)(a)  Sufficient water must be available for all existing
342	and future reasonable-beneficial uses and the natural systems,
343	and the adverse effects of competition for water supplies must
344	be avoided.
345	(b)  Water supply development and alternative water supply
346	development must be conducted in coordination with water
347	management district regional water supply planning.
348	(3)  The primary roles of the water management districts in
349	water supply development as it relates to supporting alternative
350	water supply development are:
351	(a)  The formulation and implementation of regional water
352	resource management strategies that support alternative water
353	supply development.
354	(b)  The collection and evaluation of surface water and
355	groundwater data to be used for a planning-level assessment of
356	the feasibility of alternative water supply development
357	projects.
358	(c)  The construction, operation, and maintenance of major
359	public works facilities for flood control, surface and
360	underground water storage, and groundwater recharge augmentation
361	to support alternative water supply development.
362	(d)  Planning for alternative water supply development as
363	provided in regional water supply plans in coordination with
364	local governments, regional water supply authorities,
365	multijurisdictional water supply entities, special districts,
366	publicly and privately owned water utilities, and self-
367	suppliers.
368	(e)  The formulation and implementation of structural and
369	nonstructural programs to protect and manage water resources in
370	support of alternative water supply projects.
371	(f)  The provision of technical and financial assistance to
372	local governments and publicly and privately owned water
373	utilities for alternative water supply projects.
374	(4)  The primary roles of local government, regional water
375	supply authorities, multijurisdictional water supply entities,
376	special districts, and publicly and privately owned water
377	utilities in alternative water supply development shall be:
378	(a)  The planning, design, construction, operation, and
379	maintenance of alternative water supply development projects,
380	with funding assistance from the state and the water management
381	districts.
382	(b)  The formulation and implementation of alternative
383	water supply development strategies and programs.
384	(c)  The planning, design, construction, operation, and
385	maintenance of facilities to collect, divert, produce, treat,
386	transmit, and distribute water for sale, resale, or end use.
387	(d)  The coordination of alternative water supply
388	development activities with the appropriate water management
389	district having jurisdiction over the activity.
390	(5)  Nothing herein shall be construed to preclude the
391	various special districts, municipalities, and counties from
392	continuing to operate existing water production and transmission
393	facilities or to enter into cooperative agreements with other
394	special districts, municipalities, and counties for the purpose
395	of meeting their respective needs for dependable and adequate
396	supplies of water, provided the obtaining of water through such
397	operations shall not be done in a manner which results in
398	adverse effects upon the areas from whence such water is
399	withdrawn.
400	Section 4.  Section 373.1961, Florida Statutes, is amended
401	to read:
402	373.1961  Water production; general powers and duties;
403	identification of needs; funding criteria; economic incentives;
404	reuse funding.--
405	(1)  GENERAL POWERS AND DUTIES.--In the performance of, and
406	in conjunction with, its other powers and duties, the governing
407	board of a water management district existing pursuant to this
408	chapter:
409	(a)  Shall engage in planning to assist counties,
410	municipalities, special districts, publicly and privately owned
411	water private utilities, multijurisdictional water supply
412	entities, or regional water supply authorities in meeting water
413	supply needs in such manner as will give priority to encouraging
414	conservation and reducing adverse environmental effects of
415	improper or excessive withdrawals of water from concentrated
416	areas. As used in this section and s. 373.196, regional water
417	supply authorities are regional water authorities created under
418	s. 373.1962 or other laws of this state.
419	(b)  Shall assist counties, municipalities, special
420	districts, publicly and privately owned water private utilities,
421	multijurisdictional water supply entities, or regional water
422	supply authorities in meeting water supply needs in such manner
423	as will give priority to encouraging conservation and reducing
424	adverse environmental effects of improper or excessive
425	withdrawals of water from concentrated areas.
426	(c)  May establish, design, construct, operate, and
427	maintain water production and transmission facilities for the
428	purpose of supplying water to counties, municipalities, special
429	districts, publicly and privately owned water private utilities,
430	or multijurisdictional water supply entities, or regional water
431	supply authorities. The permit required by part II of this
432	chapter for a water management district engaged in water
433	production and transmission shall be granted, denied, or granted
434	with conditions by the department.
435	(d)  Shall not engage in local water supply distribution.
436	(e)  Shall not deprive, directly or indirectly, any county
437	wherein water is withdrawn of the prior right to the reasonable
438	and beneficial use of water which is required to supply
439	adequately the reasonable and beneficial needs of the county or
440	any of the inhabitants or property owners therein.
441	(f)  May provide water and financial assistance to regional
442	water supply authorities, but may not provide water to counties
443	and municipalities which are located within the area of such
444	authority without the specific approval of the authority or, in
445	the event of the authority's disapproval, the approval of the
446	Governor and Cabinet sitting as the Land and Water Adjudicatory
447	Commission. The district may supply water at rates and upon
448	terms mutually agreed to by the parties or, if they do not
449	agree, as set by the governing board and specifically approved
450	by the Governor and Cabinet sitting as the Land and Water
451	Adjudicatory Commission.
452	(g)  May acquire title to such interest as is necessary in
453	real property, by purchase, gift, devise, lease, eminent domain,
454	or otherwise, for water production and transmission consistent
455	with this section and s. 373.196. However, the district shall
456	not use any of the eminent domain powers herein granted to
457	acquire water and water rights already devoted to reasonable and
458	beneficial use or any water production or transmission
459	facilities owned by any county, municipality, special districts,
460	or regional water supply authority. The district may exercise
461	eminent domain powers outside of its district boundaries for the
462	acquisition of pumpage facilities, storage areas, transmission
463	facilities, and the normal appurtenances thereto, provided that
464	at least 45 days prior to the exercise of eminent domain, the
465	district notifies the district where the property is located
466	after public notice and the district where the property is
467	located does not object within 45 days after notification of
468	such exercise of eminent domain authority.
469	(h)  In addition to the power to issue revenue bonds
470	pursuant to s. 373.584, may issue revenue bonds for the purposes
471	of paying the costs and expenses incurred in carrying out the
472	purposes of this chapter or refunding obligations of the
473	district issued pursuant to this section. Such revenue bonds
474	shall be secured by, and be payable from, revenues derived from
475	the operation, lease, or use of its water production and
476	transmission facilities and other water-related facilities and
477	from the sale of water or services relating thereto. Such
478	revenue bonds may not be secured by, or be payable from, moneys
479	derived by the district from the Water Management Lands Trust
480	Fund or from ad valorem taxes received by the district. All
481	provisions of s. 373.584 relating to the issuance of revenue
482	bonds which are not inconsistent with this section shall apply
483	to the issuance of revenue bonds pursuant to this section. The
484	district may also issue bond anticipation notes in accordance
485	with the provisions of s. 373.584.
486	(i)  May join with one or more other water management
487	districts, counties, municipalities, special districts, publicly
488	and privately owned water private utilities, multijurisdictional
489	water supply entities, or regional water supply authorities for
490	the purpose of carrying out any of its powers, and may contract
491	with such other entities to finance acquisitions, construction,
492	operation, and maintenance. The contract may provide for
493	contributions to be made by each party thereto, for the division
494	and apportionment of the expenses of acquisitions, construction,
495	operation, and maintenance, and for the division and
496	apportionment of the benefits, services, and products therefrom.
497	The contracts may contain other covenants and agreements
498	necessary and appropriate to accomplish their purposes.
499	(2)  IDENTIFICATION OF WATER SUPPLY NEEDS IN DISTRICT
500	BUDGET.--The water management districts shall implement its
501	responsibilities as expeditiously as possible in areas subject
502	to regional water supply plans. Each district's governing board
503	shall include in its annual budget the amount needed for the
504	fiscal year to assist in implementing alternative water supply
505	development projects.
506	(3)(2)  FUNDING.--The Legislature finds that, due to a
507	combination of factors, vastly increased demands have been
508	placed on natural supplies of fresh water, and that, absent
509	increased development of alternative water supplies, such
510	demands may increase in the future. The Legislature also finds
511	that potential exists in the state for the production of
512	significant quantities of alternative water supplies, including
513	reclaimed water, and that water production includes the
514	development of alternative water supplies, including reclaimed
515	water, for appropriate uses. It is the intent of the Legislature
516	that utilities develop reclaimed water systems, where reclaimed
517	water is the most appropriate alternative water supply option,
518	to deliver reclaimed water to as many users as possible through
519	the most cost-effective means, and to construct reclaimed water
520	system infrastructure to their owned or operated properties and
521	facilities where they have reclamation capability. It is also
522	the intent of the Legislature that the water management
523	districts which levy ad valorem taxes for water management
524	purposes shall should share a percentage of those tax revenues
525	with water providers and users, including local governments,
526	water, wastewater, and reuse utilities, municipal, special
527	district, industrial, and agricultural water users, and
528	multijurisdictional water supply entities and other public and
529	private water users, to be used to supplement other funding
530	sources in the development of alternative water supplies. The
531	Legislature finds that public moneys or services provided to
532	private entities for such uses constitute public purposes which
533	are in the public interest. In order to further the development
534	and use of alternative water supply systems, including reclaimed
535	water systems, the Legislature provides the following:
536	(a)  The governing boards of the water management districts
537	where water resource caution areas have been designated shall
538	include in their annual budgets an amount for the development of
539	alternative water supply systems, including reclaimed water
540	systems, pursuant to the requirements of this subsection.
541	Beginning in 1996, such amounts shall be made available to water
542	providers and users no later than December 31 of each year,
543	through grants, matching grants, revolving loans, or the use of
544	district lands or facilities pursuant to the requirements of
545	this subsection and guidelines established by the districts. In
546	making grants or loans, funding priority must be given to
547	projects in accordance with s. 373.0831(4). Without diminishing
548	amounts available through other means described in this
549	paragraph, the governing boards are encouraged to consider
550	establishing revolving loan funds to expand the total funds
551	available to accomplish the objectives of this section. A
552	revolving loan fund created under this paragraph must be a
553	nonlapsing fund from which the water management district may
554	make loans with interest rates below prevailing market rates to
555	public or private entities for the purposes described in this
556	section. The governing board may adopt resolutions to establish
557	revolving loan funds which must specify the details of the
558	administration of the fund, the procedures for applying for
559	loans from the fund, the criteria for awarding loans from the
560	fund, the initial capitalization of the fund, and the goals for
561	future capitalization of the fund in subsequent budget years.
562	Revolving loan funds created under this paragraph must be used
563	to expand the total sums and sources of cooperative funding
564	available for the development of alternative water supplies. The
565	Legislature does not intend for the creation of revolving loan
566	funds to supplant or otherwise reduce existing sources or
567	amounts of funds currently available through other means.
568	(b)  For each utility that receives financial assistance
569	from a water management district for alternative water supply
570	development projects, the appropriate rate-setting authority
571	must develop rate structures for all water, wastewater, and
572	other alternative water facilities in the service area of the
573	utility receiving assistance. Rate structures must:
574	1.  Promote the development of alternative water supply
575	systems.
576	2.  Promote the conservation of water.
577	3.  Appropriately distribute costs among all the users of
578	water, wastewater, and alternative water supplies within the
579	service area.
580	4.  Prohibit rate discrimination within classes of utility
581	users. It is the intent of the Legislature that for each
582	reclaimed water utility, or any other utility, which receives
583	funds pursuant to this subsection, the appropriate rate-setting
584	authorities should develop rate structures for all water,
585	wastewater, and reclaimed water and other alternative water
586	supply utilities in the service area of the funded utility,
587	which accomplish the following:
588	1.  Provide meaningful progress toward the development and
589	implementation of alternative water supply systems, including
590	reclaimed water systems;
591	2.  Promote the conservation of fresh water withdrawn from
592	natural systems;
593	3.  Provide for an appropriate distribution of costs for
594	all water, wastewater, and alternative water supply utilities,
595	including reclaimed water utilities, among all of the users of
596	those utilities; and
597	4.  Prohibit rate discrimination within classes of utility
598	users.
599	(c)  The governing boards shall establish a process for the
600	disbursal of revenues pursuant to this section. Funding
601	assistance provided by the water management districts for a
602	water reuse system project may include the following grant or
603	loan conditions for that project if the water management
604	district determines that such conditions will encourage water
605	use efficiency:
606	1.  Metering of reclaimed water use for the following
607	activities: residential irrigation, agricultural irrigation,
608	industrial uses except for electric utilities as defined in s.
609	366.02(2), landscape irrigation, irrigation of other public
610	access areas, commercial and institutional uses such as toilet
611	flushing, and transfers to other reclaimed water utilities.
612	2.  Implementation of reclaimed water rate structures based
613	on actual use of reclaimed water for the types of reuse
614	activities listed in subparagraph 1.
615	3.  Implementation of education programs to inform the
616	public about water issues, water conservation, and the
617	importance and proper use of reclaimed water.
618	4.  Development of location data for key reuse facilities.
619	(d)  After conducting one or more meetings to solicit
620	public input on eligible projects, including input from those
621	entities identified pursuant to s. 373.0361 (2)(a)3.d. for
622	implementation of alternative water supply projects, the
623	governing board of each water management district shall select
624	projects for funding assistance based upon the project being
625	identified or listed as an alternative water supply development
626	option in the regional water supply plan pursuant to s.
627	373.0361(2)(a)2. Alternatively, the governing board may select
628	and allocate up to 20 percent of the grant funding for
629	alternative water supply projects not identified or listed in
630	the regional water supply plan but which are consistent with the
631	goals of said plan. The governing board shall determine those
632	projects that will be awarded grant assistance by considering
633	factors established by each governing board, including, but not
634	limited to, the following:
635	1.  The quantity of water supplied by the project as
636	compared to its cost.
637	2.  Whether the project will be implemented by a
638	multijurisdictional water supply entity or regional water supply
639	authority.
640	3.  Whether the project is part of a plan to implement two
641	or more alternative water supply projects, all of which will be
642	operated to produce water at a uniform rate for the participants
643	in a multijurisdictional water supply entity or regional water
644	supply authority.
645	4.  The percentage of project costs to be funded by the
646	water supplier or water user.
647	5.  Whether the project brings about replacement of
648	traditional sources in order to help implement a minimum flow or
649	level or a reservation.
650	6.  Whether the project reduces competition for water
651	supplies.
652	7.  Whether the project will be implemented by a
653	consumptive use permittee that has achieved the targets
654	contained in a goal-based water conservation program approved
655	pursuant to s. 373.227.
656	8.  Whether the project proposal includes sufficient
657	preliminary planning and engineering to demonstrate that the
658	project can reasonably be implemented within the timeframe
659	identified pursuant to s. 373.0361(2)(a)3.b.
660	9.  Whether the project is a subsequent phase of an
661	alternative water supply project that is underway.
662	10.  Whether the project provides substantial environmental
663	benefits by preventing or limiting adverse water resource
664	impacts.
665	11.  Whether and in what amount a local government or local
666	governmental utility grant applicant is transferring water
667	supply system revenues to the local government general fund in
668	excess of reimbursements for services received from the general
669	fund, including direct and indirect costs and legitimate
670	payments in lieu of taxes. In order to be eligible for funding
671	pursuant to this subsection, a project must be consistent with a
672	local government comprehensive plan and the governing body of
673	the local government must require all appropriate new facilities
674	within the project's service area to connect to and use the
675	project's alternative water supplies. The appropriate local
676	government must provide written notification to the appropriate
677	district that the proposed project is consistent with the local
678	government comprehensive plan.
679	(e)  Any and all revenues disbursed pursuant to this
680	subsection shall be applied only for the payment of capital or
681	infrastructure costs for the construction of alternative water
682	supply systems that provide alternative water supplies.
683	(f)  By January 1 of each year, the governing boards shall
684	make available written guidelines for the disbursal of revenues
685	pursuant to this subsection. Such guidelines shall include at
686	minimum:
687	1.  An application process and a deadline for filing
688	applications annually.
689	2.  A process for determining project eligibility pursuant
690	to the requirements of paragraphs (d) and (e).
691	3.  A process and criteria for funding projects pursuant to
692	this subsection that cross district boundaries or that serve
693	more than one district.
694	(g)  The governing board of each water management district
695	shall establish an alternative water supplies grants advisory
696	committee to recommend to the governing board projects for
697	funding pursuant to this subsection. The advisory committee
698	members shall include, but not be limited to, one or more
699	representatives of county, municipal, and investor-owned private
700	utilities, and may include, but not be limited to,
701	representatives of agricultural interests and environmental
702	interests. Each committee member shall represent his or her
703	interest group as a whole and shall not represent any specific
704	entity. The committee shall apply the guidelines and project
705	eligibility criteria established by the governing board in
706	reviewing proposed projects. After one or more hearings to
707	solicit public input on eligible projects, the committee shall
708	rank the eligible projects and shall submit them to the
709	governing board for final funding approval. The advisory
710	committee may submit to the governing board more projects than
711	the available grant money would fund.
712	(e)(h)  All revenues made available annually pursuant to
713	this subsection must be encumbered annually by the governing
714	board if it approves projects sufficient to expend the available
715	revenues. Funds must be disbursed within 36 months after
716	encumbrance.
717	(i)  For purposes of this subsection, alternative water
718	supplies are supplies of water that have been reclaimed after
719	one or more public supply, municipal, industrial, commercial, or
720	agricultural uses, or are supplies of stormwater, or brackish or
721	salt water, that have been treated in accordance with applicable
722	rules and standards sufficient to supply the intended use.
723	(f)(j)  This subsection shall not be subject to the
724	rulemaking requirements of chapter 120.
725	(g)(k)  By March 1 January 30 of each year, as part of a
726	consolidated annual report, each water management district shall
727	submit an annual report to the Governor, the President of the
728	Senate, and the Speaker of the House of Representatives which
729	accounts for the disbursal of all budgeted amounts pursuant to
730	this section subsection. Such report shall describe all
731	alternative water supply projects funded as well as the quantity
732	of new water to be created as a result of such projects and
733	shall account separately for any other moneys provided through
734	grants, matching grants, revolving loans, and the use of
735	district lands or facilities to implement regional water supply
736	plans.
737	(h)(l)  The Florida Public Service Commission shall allow
738	entities under its jurisdiction constructing or participating in
739	constructing facilities that provide alternative water supplies
740	supply facilities, including but not limited to aquifer storage
741	and recovery wells, to recover the full, prudently incurred cost
742	of such facilities through their rate structure. If construction
743	of a facility or participating in construction is pursuant to or
744	in furtherance of a regional water supply plan, the cost shall
745	be deemed prudently incurred. Every component of an alternative
746	water supply facility constructed by an investor-owned utility
747	shall be recovered in current rates.
748	(4)  FUNDING FOR REUSE.--Funding assistance provided by the
749	water management districts for a water reuse system may include
750	the following grant or loan conditions for that project if a
751	water management district determines that such conditions will
752	encourage water use efficiency:
753	(a)  Metering of reclaimed water use for residential
754	irrigation, agricultural irrigation, industrial uses, except for
755	electric utilities as defined in s. 366.02(2), landscape
756	irrigation, golf course irrigation, irrigation of other public
757	access areas, commercial and institutional uses such as toilet
758	flushing, and transfers to other reclaimed water utilities;
759	(b)  Implementation of reclaimed water rate structures
760	based on actual use of reclaimed water for the reuse activities
761	listed in paragraph (a);
762	(c)  Implementation of education programs to inform the
763	public about water issues, water conservation, and the
764	importance and proper use of reclaimed water; or
765	(d)  Development of location data for key reuse facilities.
766	Section 5.  Subsections (1) and (5) of section 373.1962,
767	Florida Statutes, are amended to read:
768	373.1962  Regional water supply authorities.--
769	(1)  By interlocal agreement between counties,
770	municipalities, or special districts, as applicable agreement
771	between local governmental units created or existing pursuant to
772	the provisions of Art. VIII of the State Constitution, pursuant
773	to the Florida Interlocal Cooperation Act of 1969, s. 163.01,
774	and upon the approval of the Secretary of Environmental
775	Protection to ensure that such agreement will be in the public
776	interest and complies with the intent and purposes of this act,
777	regional water supply authorities may be created for the purpose
778	of developing, recovering, storing, and supplying water for
779	county or municipal purposes in such a manner as will give
780	priority to reducing adverse environmental effects of excessive
781	or improper withdrawals of water from concentrated areas. In
782	approving said agreement the Secretary of Environmental
783	Protection shall consider, but not be limited to, the following:
784	(a)  Whether the geographic territory of the proposed
785	authority is of sufficient size and character to reduce the
786	environmental effects of improper or excessive withdrawals of
787	water from concentrated areas.
788	(b)  The maximization of economic development of the water
789	resources within the territory of the proposed authority.
790	(c)  The availability of a dependable and adequate water
791	supply.
792	(d)  The ability of any proposed authority to design,
793	construct, operate, and maintain water supply facilities in the
794	locations, and at the times necessary, to ensure that an
795	adequate water supply will be available to all citizens within
796	the authority.
797	(e)  The effect or impact of any proposed authority on any
798	municipality, county, or existing authority or authorities.
799	(f)  The existing needs of the water users within the area
800	of the authority.
801	(5)  Each county, special district, or municipality which
802	is a party to an agreement pursuant to subsection (1) shall have
803	a preferential right to purchase water from the regional water
804	supply authority for use by such county, special district, or
805	municipality.
806	Section 6.  Subsection (9) is added to section 373.1963,
807	Florida Statutes, to read:
808	373.1963  Assistance to West Coast Regional Water Supply
809	Authority.--
810	(9)  A regional water supply authority created pursuant to
811	this section may not transfer water from a source located within
812	the boundaries of a nonmember local government without prior
813	consent of the nonmember local government.
814	Section 7.  Subsection (5) is added to section 373.223,
815	Florida Statutes, to read:
816	373.223  Conditions for a permit.--
817	(5)  In evaluating an application by a regional water
818	supply authority or a multijurisdictional water supply entity
819	for consumptive use of water that proposes the use of an
820	alternative water supply project as described in the regional
821	water supply plan and that provides reasonable assurances of the
822	applicant's capability to design, construct, operate, and
823	maintain such project, the governing board or department shall
824	presume the alternative water supply use is consistent with the
825	public interest under s. 373.223(1)(c). Nothing in this
826	subsection shall affect evaluation of the use pursuant to the
827	provisions of ss. 373.223(1)(a), 373.223(1)(b), 373.223(2),
828	373.223(3), 373.2295, and 373.233.
829	Section 8.  Subsection (4) is added to section 373.236,
830	Florida Statutes, to read:
831	373.236  Duration of permits; compliance reports.--
832	(4)  Permits approved for the development of alternative
833	water supplies shall be granted for a term of at least 20 years.
834	However, if the permittee issues bonds for the construction of
835	the project, then, upon request of the permittee prior to the
836	expiration of the permit, such permit shall be extended for such
837	additional time as may be required for the retirement of bonds,
838	not including any refunding or refinancing of such bonds,
839	provided that the governing board determines that the use
840	continues to meet the conditions for the issuance of the permit.
841	Such a permit shall be subject to compliance reports under
842	subsection (3).
843	Section 9.  Paragraph (d) of subsection (1) of section
844	373.036, Florida Statutes, is amended to read:
845	373.036  Florida water plan; district water management
846	plans.--
847	(1)  FLORIDA WATER PLAN.--In cooperation with the water
848	management districts, regional water supply authorities, and
849	others, the department shall develop the Florida water plan. The
850	Florida water plan shall include, but not be limited to:
851	(d)  Goals, objectives, and guidance for the development
852	and review of programs, rules, and plans relating to water
853	resources, based on statutory policies and directives. The state
854	water policy rule, renamed the water resource implementation
855	rule pursuant to s. 373.019(23)(20), shall serve as this part of
856	the plan. Amendments or additions to this part of the Florida
857	water plan shall be adopted by the department as part of the
858	water resource implementation rule. In accordance with s.
859	373.114, the department shall review rules of the water
860	management districts for consistency with this rule. Amendments
861	to the water resource implementation rule must be adopted by the
862	secretary of the department and be submitted to the President of
863	the Senate and the Speaker of the House of Representatives
864	within 7 days after publication in the Florida Administrative
865	Weekly. Amendments shall not become effective until the
866	conclusion of the next regular session of the Legislature
867	following their adoption.
868	Section 10.  Subsection (1) of section 373.421, Florida
869	Statutes, is amended to read:
870	373.421  Delineation methods; formal determinations.--
871	(1)  The Environmental Regulation Commission shall adopt a
872	unified statewide methodology for the delineation of the extent
873	of wetlands as defined in s. 373.019(25)(22). This methodology
874	shall consider regional differences in the types of soils and
875	vegetation that may serve as indicators of the extent of
876	wetlands. This methodology shall also include provisions for
877	determining the extent of surface waters other than wetlands for
878	the purposes of regulation under s. 373.414. This methodology
879	shall not become effective until ratified by the Legislature.
880	Subsequent to legislative ratification, the wetland definition
881	in s. 373.019(25)(22) and the adopted wetland methodology shall
882	be binding on the department, the water management districts,
883	local governments, and any other governmental entities. Upon
884	ratification of such wetland methodology, the Legislature
885	preempts the authority of any water management district, state
886	or regional agency, or local government to define wetlands or
887	develop a delineation methodology to implement the definition
888	and determines that the exclusive definition and delineation
889	methodology for wetlands shall be that established pursuant to
890	s. 373.019(25)(22) and this section. Upon such legislative
891	ratification, any existing wetlands definition or wetland
892	delineation methodology shall be superseded by the wetland
893	definition and delineation methodology established pursuant to
894	this chapter. Subsequent to legislative ratification, a
895	delineation of the extent of a surface water or wetland by the
896	department or a water management district, pursuant to a formal
897	determination under subsection (2), or pursuant to a permit
898	issued under this part in which the delineation was field-
899	verified by the permitting agency and specifically approved in
900	the permit, shall be binding on all other governmental entities
901	for the duration of the formal determination or permit. All
902	existing rules and methodologies of the department, the water
903	management districts, and local governments, regarding surface
904	water or wetland definition and delineation shall remain in full
905	force and effect until the common methodology rule becomes
906	effective. However, this shall not be construed to limit any
907	power of the department, the water management districts, and
908	local governments to amend or adopt a surface water or wetland
909	definition or delineation methodology until the common
910	methodology rule becomes effective.
911	Section 11.  Paragraphs (r) and (u) of subsection (2) of
912	section 403.813, Florida Statutes, are amended to read:
913	403.813  Permits issued at district centers; exceptions.--
914	(2)  A permit is not required under this chapter, chapter
915	373, chapter 61-691, Laws of Florida, or chapter 25214 or
916	chapter 25270, 1949, Laws of Florida, for activities associated
917	with the following types of projects; however, except as
918	otherwise provided in this subsection, nothing in this
919	subsection relieves an applicant from any requirement to obtain
920	permission to use or occupy lands owned by the Board of Trustees
921	of the Internal Improvement Trust Fund or any water management
922	district in its governmental or proprietary capacity or from
923	complying with applicable local pollution control programs
924	authorized under this chapter or other requirements of county
925	and municipal governments:
926	(r)  The removal of aquatic plants, the removal of
927	tussocks, the associated replanting of indigenous aquatic
928	plants, and the associated removal from lakes of organic
929	detrital material when such planting or removal is performed and
930	authorized by permit or exemption granted under s. 369.20 or s.
931	369.25, provided that:
932	1.  Organic detrital material that exists on the surface of
933	natural mineral substrate shall be allowed to be removed to a
934	depth of 3 feet or to the natural mineral substrate, whichever
935	is less;
936	2.  All material removed pursuant to this paragraph shall
937	be deposited in an upland site in a manner that will prevent the
938	reintroduction of the material into waters in the state except
939	when spoil material is permitted to be used to create wildlife
940	islands in freshwater bodies of the state when a governmental
941	entity is permitted pursuant to s. 369.20 to create such islands
942	as a part of a restoration or enhancement project;
943	3.  All activities are performed in a manner consistent
944	with state water quality standards; and
945	4.  No activities under this exemption are conducted in
946	wetland areas, as defined by s. 373.019(25)(22), which are
947	supported by a natural soil as shown in applicable United States
948	Department of Agriculture county soil surveys, except when a
949	governmental entity is permitted pursuant to s. 369.20 to
950	conduct such activities as a part of a restoration or
951	enhancement project.
952
953	The department may not adopt implementing rules for this
954	paragraph, notwithstanding any other provision of law.
955	(u)  Notwithstanding any provision to the contrary in this
956	subsection, a permit or other authorization under chapter 253,
957	chapter 369, chapter 373, or this chapter is not required for an
958	individual residential property owner for the removal of organic
959	detrital material from freshwater rivers or lakes that have a
960	natural sand or rocky substrate and that are not Aquatic
961	Preserves or for the associated removal and replanting of
962	aquatic vegetation for the purpose of environmental enhancement,
963	providing that:
964	1.  No activities under this exemption are conducted in
965	wetland areas, as defined by s. 373.019(25)(22), which are
966	supported by a natural soil as shown in applicable United States
967	Department of Agriculture county soil surveys.
968	2.  No filling or peat mining is allowed.
969	3.  No removal of native wetland trees, including, but not
970	limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
971	4.  When removing organic detrital material, no portion of
972	the underlying natural mineral substrate or rocky substrate is
973	removed.
974	5.  Organic detrital material and plant material removed is
975	deposited in an upland site in a manner that will not cause
976	water quality violations.
977	6.  All activities are conducted in such a manner, and with
978	appropriate turbidity controls, so as to prevent any water
979	quality violations outside the immediate work area.
980	7.  Replanting with a variety of aquatic plants native to
981	the state shall occur in a minimum of 25 percent of the
982	preexisting vegetated areas where organic detrital material is
983	removed, except for areas where the material is removed to bare
984	rocky substrate; however, an area may be maintained clear of
985	vegetation as an access corridor. The access corridor width may
986	not exceed 50 percent of the property owner's frontage or 50
987	feet, whichever is less, and may be a sufficient length
988	waterward to create a corridor to allow access for a boat or
989	swimmer to reach open water. Replanting must be at a minimum
990	density of 2 feet on center and be completed within 90 days
991	after removal of existing aquatic vegetation, except that under
992	dewatered conditions replanting must be completed within 90 days
993	after reflooding. The area to be replanted must extend waterward
994	from the ordinary high water line to a point where normal water
995	depth would be 3 feet or the preexisting vegetation line,
996	whichever is less. Individuals are required to make a reasonable
997	effort to maintain planting density for a period of 6 months
998	after replanting is complete, and the plants, including
999	naturally recruited native aquatic plants, must be allowed to
1000	expand and fill in the revegetation area. Native aquatic plants
1001	to be used for revegetation must be salvaged from the
1002	enhancement project site or obtained from an aquatic plant
1003	nursery regulated by the Department of Agriculture and Consumer
1004	Services. Plants that are not native to the state may not be
1005	used for replanting.
1006	8.  No activity occurs any farther than 100 feet waterward
1007	of the ordinary high water line, and all activities must be
1008	designed and conducted in a manner that will not unreasonably
1009	restrict or infringe upon the riparian rights of adjacent upland
1010	riparian owners.
1011	9.  The person seeking this exemption notifies the
1012	applicable department district office in writing at least 30
1013	days before commencing work and allows the department to conduct
1014	a preconstruction site inspection. Notice must include an
1015	organic-detrital-material removal and disposal plan and, if
1016	applicable, a vegetation-removal and revegetation plan.
1017	10.  The department is provided written certification of
1018	compliance with the terms and conditions of this paragraph
1019	within 30 days after completion of any activity occurring under
1020	this exemption.
1021	Section 12.  Subsection (6) of section 556.102, Florida
1022	Statutes, is amended to read:
1023	556.102  Definitions.--As used in this act:
1024	(6)  "Excavate" or "excavation" means any manmade cut,
1025	cavity, trench, or depression in the earth's surface, formed by
1026	removal of earth, intended to change the grade or level of land,
1027	or intended to penetrate or disturb the surface of the earth,
1028	including land beneath the waters of the state, as defined in s.
1029	373.019(20)(17), and the term includes pipe bursting and
1030	directional drilling or boring from one point to another point
1031	beneath the surface of the earth, or other trenchless
1032	technologies.
1033	Section 13.  This act shall take effect upon becoming a
1034	law.

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