Senate Bill sb7056pb

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7056

    FOR CONSIDERATION By the Committee on Agriculture





    575-1154B-05

  1                      A bill to be entitled

  2         An act relating to agricultural water

  3         conservation; requiring the water management

  4         districts to review permit-exemption programs

  5         and recommend additional permit exemptions that

  6         will encourage agricultural water conservation;

  7         requiring a report by the Department of

  8         Agriculture and Consumer Services to the

  9         appropriate legislative committees; amending s.

10         373.236, F.S.; authorizing the issuance of

11         permits for agricultural production for a

12         specified period for uses that incorporate

13         agricultural water conservation measures and

14         provide a net reduction in water use or replace

15         a water supply source; amending s. 373.406,

16         F.S.; providing that an exemption provided for

17         activities having minimal adverse impact does

18         not apply to certain environmental restoration

19         or water quality improvement activities;

20         amending s. 373.414, F.S.; authorizing the

21         governing board of a water management district

22         or the department to adopt criteria by rule for

23         issuing permits for the use of wetlands for

24         implementing agricultural water conservation

25         measures; authorizing a water management

26         district or the department to authorize, under

27         a general permit, the on-site relocation or

28         filling of isolated wetlands on agricultural

29         lands under specified conditions; amending s.

30         373.2234, F.S.; conforming a cross-reference;

31         providing an effective date.

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7056
    575-1154B-05




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

 2  

 3         Section 1.  The water management districts, in

 4  cooperation with the Department of Environmental Protection

 5  and the Department of Agriculture and Consumer Services, shall

 6  review rule criteria for environmental resource permits,

 7  associated documents pertaining to the basis of review,

 8  existing permit-exemption programs, and alternative to

 9  standard permitting programs, such as the Agricultural Ground

10  and Surface Water Management Program implemented within the

11  Southwest Florida Water Management District, and make

12  recommendations to the Legislature regarding regulatory

13  alternatives that will encourage agricultural water

14  conservation while adequately protecting the resource. By

15  October 1, 2005, the Department of Agriculture and Consumer

16  Services shall provide recommendations developed by the review

17  to the chairs of the Senate Committee on Agriculture, the

18  Senate Committee on Environmental Preservation, the House of

19  Representatives Committee on Agriculture, and the House of

20  Representatives Committee on Water and Natural Resources.

21         Section 2.  Present subsection (3) of section 373.236,

22  Florida Statutes, is redesignated as subsection (4), and a new

23  subsection (3) is added to that section, to read:

24         373.236  Duration of permits; compliance reports.--

25         (3)  Permits for agricultural production shall be

26  issued for a period of 20 years for uses that incorporate

27  agricultural water conservation measures and that provide a

28  net reduction in water use or the replacement of a water

29  supply source that has been negatively impacted by water-use

30  withdrawals if there is sufficient data to provide reasonable

31  

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7056
    575-1154B-05




 1  assurance that the conditions for issuance will be met for the

 2  20-year duration.

 3         Section 3.  Subsection (9) of section 373.406, Florida

 4  Statutes, is amended to read:

 5         373.406  Exemptions.--The following exemptions shall

 6  apply:

 7         (9)  Implementation of measures having the primary

 8  purpose of environmental restoration, water conservation, or

 9  water quality improvement on agricultural lands are exempt

10  from regulation under this part where these measures or

11  practices are determined by the district or department, on a

12  case-by-case basis, to have minimal or insignificant

13  individual and cumulative adverse impact on the water

14  resources of the district state. The district or department

15  shall provide written notification as to whether the proposed

16  activity qualifies for the exemption within 30 days after

17  receipt of a written notice requesting the exemption. No

18  activity under this exemption shall commence until the

19  district or department has provided written notice that the

20  activity qualifies for the exemption. This exemption does not

21  apply to any environmental restoration or water quality

22  improvement activities that are conducted as mitigation for

23  wetland or other surface water impacts or any activities

24  within a proposed mitigation bank.

25         Section 4.  Subsections (4) and (9) of section 373.414,

26  Florida Statutes, are amended to read:

27         373.414  Additional criteria for activities in surface

28  waters and wetlands.--

29         (4)(a)  It is the intent of the Legislature to provide

30  for the use of certain wetlands for implementing agricultural

31  water conservation measures, including the storage of

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7056
    575-1154B-05




 1  irrigation tailwater for future use, when such measures are

 2  compatible with the ecological characteristics of such waters.

 3  To accomplish this, the governing board or the department may

 4  establish by rule criteria for the issuance of general permits

 5  for the use of certain wetlands for implementing agricultural

 6  water conservation measures. The rule must include specific

 7  criteria for the rehydration of small, previously drained

 8  isolated wetlands, including size thresholds and consideration

 9  of the resource benefits of water conservation.

10         (b)  It is the intent of the Legislature to provide for

11  the use of certain wetlands to receive and treat domestic

12  wastewater that at a minimum has been treated to secondary

13  standards.  The department may by rule establish criteria for

14  this activity, which criteria protect the type, nature, and

15  function of the wetlands receiving the wastewater.

16         (9)  The department and the governing boards, on or

17  before July 1, 1994, shall adopt rules to incorporate the

18  provisions of this section, relying primarily on the existing

19  rules of the department and the water management districts,

20  into the rules governing the management and storage of surface

21  waters.  Such rules shall seek to achieve a statewide,

22  coordinated and consistent permitting approach to activities

23  regulated under this part. Variations in permitting criteria

24  in the rules of individual water management districts or the

25  department shall only be provided to address differing

26  physical or natural characteristics. Such rules adopted

27  pursuant to this subsection shall include the special criteria

28  adopted pursuant to s. 403.061(29) and may include the special

29  criteria adopted pursuant to s. 403.061(34). Such rules shall

30  include a provision requiring that a notice of intent to deny

31  or a permit denial based upon this section shall contain an

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7056
    575-1154B-05




 1  explanation of the reasons for such denial and an explanation,

 2  in general terms, of what changes, if any, are necessary to

 3  address such reasons for denial. Such Rules adopted pursuant

 4  to this part may establish exemptions and general permits, if

 5  such exemptions and general permits do not allow significant

 6  adverse impacts to occur individually or cumulatively. The

 7  department and the governing boards may establish general

 8  permits that authorize the on-site relocation or filling of

 9  isolated wetlands that are individually less than 5 acres in

10  area for any person engaged in the occupation of agriculture

11  if such activity is consistent with the practice of such

12  occupation. This general permit may provide for sufficient

13  mitigation measures in order to offset any adverse impacts to

14  wetland functions and may authorize only up to 40 acres of

15  wetland impacts within contiguous landholdings under common

16  ownership. Such Rules adopted pursuant to this part may

17  require submission of proof of financial responsibility which

18  may include the posting of a bond or other form of surety

19  prior to the commencement of construction to provide

20  reasonable assurance that any activity permitted pursuant to

21  this section, including any mitigation for such permitted

22  activity, will be completed in accordance with the terms and

23  conditions of the permit once the construction is commenced.

24  Until rules adopted pursuant to this subsection become

25  effective, existing rules adopted under this part and rules

26  adopted pursuant to the authority of ss. 403.91-403.929 shall

27  be deemed authorized under this part and shall remain in full

28  force and effect. Neither the department nor the governing

29  boards are limited or prohibited from amending any such rules.

30         Section 5.  Section 373.2234, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7056
    575-1154B-05




 1         373.2234  Preferred water supply sources.--The

 2  governing board of a water management district is authorized

 3  to adopt rules that identify preferred water supply sources

 4  for consumptive uses for which there is sufficient data to

 5  establish that a preferred source will provide a substantial

 6  new water supply to meet the existing and projected

 7  reasonable-beneficial uses of a water supply planning region

 8  identified pursuant to s. 373.0361(1), while sustaining

 9  existing water resources and natural systems. At a minimum,

10  such rules must contain a description of the preferred water

11  supply source and an assessment of the water the preferred

12  source is projected to produce. If an applicant proposes to

13  use a preferred water supply source, that applicant's proposed

14  water use is subject to s. 373.223(1), except that the

15  proposed use of a preferred water supply source must be

16  considered by a water management district when determining

17  whether a permit applicant's proposed use of water is

18  consistent with the public interest pursuant to s.

19  373.223(1)(c). A consumptive use permit issued for the use of

20  a preferred water supply source must be granted, when

21  requested by the applicant, for at least a 20-year period and

22  may be subject to the compliance reporting provisions of s.

23  373.236(4) s. 373.236(3). Nothing in this section shall be

24  construed to exempt the use of preferred water supply sources

25  from the provisions of ss. 373.016(4) and 373.223(2) and (3),

26  or be construed to provide that permits issued for the use of

27  a nonpreferred water supply source must be issued for a

28  duration of less than 20 years or that the use of a

29  nonpreferred water supply source is not consistent with the

30  public interest. Additionally, nothing in this section shall

31  be interpreted to require the use of a preferred water supply

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7056
    575-1154B-05




 1  source or to restrict or prohibit the use of a nonpreferred

 2  water supply source. Rules adopted by the governing board of a

 3  water management district to implement this section shall

 4  specify that the use of a preferred water supply source is not

 5  required and that the use of a nonpreferred water supply

 6  source is not restricted or prohibited.

 7         Section 6.  This act shall take effect July 1, 2005.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Requires each water management district to review its
      permit-exemption programs and recommend to the
12    Legislature additional permit exemptions that will
      encourage agricultural water conservation. Authorizes
13    20-year permits for agricultural production that
      incorporates water conservation measures and provides a
14    net reduction in water use or replaces a water supply
      source. Authorizes the governing board of a water
15    management district or the Department of Environmental
      Protection to adopt rules for issuing permits for the use
16    of wetlands for implementing agricultural water
      conservation measures. Provides for a water management
17    district or the department to issue a general permit for
      the on-site relocation or filling of isolated wetlands on
18    agricultural lands. (See bill for details.)

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