Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 552
       
       
       
       
       
       
                                Ì9101965Î910196                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  11/04/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Environmental Preservation and Conservation
       (Soto) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 465 - 891
    4  and insert:
    5         (c) Minimum flow and water level for an Outstanding Florida
    6  Spring, as defined in s. 373.802. The minimum flow and water
    7  level is the limit and level, respectively, at which further
    8  withdrawals would be harmful to the water resources or ecology
    9  of the area. All minimum flow and water level projections
   10  produced by the department or a water management district for an
   11  Outstanding Florida Spring must include a statistically valid
   12  assessment of uncertainty levels associated with those
   13  projections. If an Outstanding Florida Spring is below, or is
   14  projected within 20 years to fall below, the minimum flow or
   15  minimum water level, the department or governing board shall, by
   16  rule, reserve sufficient water from use by permit applicants
   17  pursuant to s. 373.223 to maintain or restore the minimum flow
   18  or minimum water level.
   19  
   20  The minimum flow and minimum water level shall be calculated by
   21  the department and the governing board using the best
   22  information available. When appropriate, minimum flows and
   23  minimum water levels may be calculated to reflect seasonal
   24  variations. The department and the governing board shall also
   25  consider, and at their discretion may provide for, the
   26  protection of nonconsumptive uses in the establishment of
   27  minimum flows and minimum water levels.
   28         (2)(a) If a minimum flow or minimum water level has not
   29  been adopted for an Outstanding Florida Spring, a water
   30  management district or the department shall use the emergency
   31  rulemaking authority provided in paragraph (c) to adopt a
   32  minimum flow or minimum water level no later than July 1, 2017,
   33  except for the Northwest Florida Water Management District,
   34  which shall use such authority to adopt minimum flows and
   35  minimum water levels for Outstanding Florida Springs no later
   36  than July 1, 2026.
   37         (b) For Outstanding Florida Springs identified on a water
   38  management district’s priority list developed pursuant to
   39  subsection (3) which have the potential to be affected by
   40  withdrawals in an adjacent district, the adjacent district or
   41  districts and the department shall collaboratively develop and
   42  implement a recovery or prevention strategy for an Outstanding
   43  Florida Spring not meeting an adopted minimum flow or minimum
   44  water level.
   45         (c) The Legislature finds as provided in s. 373.801(3)(b)
   46  that the adoption of minimum flows and minimum water levels or
   47  recovery or prevention strategies for Outstanding Florida
   48  Springs requires immediate action. The department and the
   49  districts are authorized, and all conditions are deemed to be
   50  met, to use emergency rulemaking provisions pursuant to s.
   51  120.54(4) to adopt minimum flows and minimum water levels
   52  pursuant to this subsection and to adopt recovery or prevention
   53  strategies concurrently with a minimum flow or minimum water
   54  level pursuant to s. 373.805(2). The emergency rules shall
   55  remain in effect during the pendency of procedures to adopt
   56  rules addressing the subject of the emergency rules.
   57         (d) As used in this subsection, the term “Outstanding
   58  Florida Spring” has the same meaning as in s. 373.802.
   59         (3)(2) By November 15, 1997, and annually thereafter, each
   60  water management district shall submit to the department for
   61  review and approval a priority list and schedule for the
   62  establishment of minimum flows and minimum water levels for
   63  surface watercourses, aquifers, and surface waters within the
   64  district. The priority list and schedule shall identify those
   65  listed water bodies for which the district will voluntarily
   66  undertake independent scientific peer review; any reservations
   67  proposed by the district to be established pursuant to s.
   68  373.223(4); and those listed water bodies that have the
   69  potential to be affected by withdrawals in an adjacent district
   70  for which the department’s adoption of a reservation pursuant to
   71  s. 373.223(4) or a minimum flow or minimum water level pursuant
   72  to subsection (1) may be appropriate. By March 1, 2006, and
   73  annually thereafter, each water management district shall
   74  include its approved priority list and schedule in the
   75  consolidated annual report required by s. 373.036(7). The
   76  priority list shall be based upon the importance of the waters
   77  to the state or region and the existence of or potential for
   78  significant harm to the water resources or ecology of the state
   79  or region, and shall include those waters which are experiencing
   80  or may reasonably be expected to experience adverse impacts.
   81  Each water management district’s priority list and schedule
   82  shall include all first magnitude springs, and all second
   83  magnitude springs within state or federally owned lands
   84  purchased for conservation purposes. The specific schedule for
   85  establishment of spring minimum flows and minimum water levels
   86  shall be commensurate with the existing or potential threat to
   87  spring flow from consumptive uses. Springs within the Suwannee
   88  River Water Management District, or second magnitude springs in
   89  other areas of the state, need not be included on the priority
   90  list if the water management district submits a report to the
   91  Department of Environmental Protection demonstrating that
   92  adverse impacts are not now occurring nor are reasonably
   93  expected to occur from consumptive uses during the next 20
   94  years. The priority list and schedule is not subject to any
   95  proceeding pursuant to chapter 120. Except as provided in
   96  subsection (4) (3), the development of a priority list and
   97  compliance with the schedule for the establishment of minimum
   98  flows and minimum water levels pursuant to this subsection
   99  satisfies the requirements of subsection (1).
  100         (4)(3) Minimum flows or minimum water levels for priority
  101  waters in the counties of Hillsborough, Pasco, and Pinellas
  102  shall be established by October 1, 1997. Where a minimum flow or
  103  minimum water level for the priority waters within those
  104  counties has not been established by the applicable deadline,
  105  the secretary of the department shall, if requested by the
  106  governing body of any local government within whose jurisdiction
  107  the affected waters are located, establish the minimum flow or
  108  minimum water level in accordance with the procedures
  109  established by this section. The department’s reasonable costs
  110  in establishing a minimum flow or minimum water level shall,
  111  upon request of the secretary, be reimbursed by the district.
  112         (5)(4) A water management district shall provide the
  113  department with technical information and staff support for the
  114  development of a reservation, minimum flow or minimum water
  115  level, or recovery or prevention strategy to be adopted by the
  116  department by rule. A water management district shall apply any
  117  reservation, minimum flow or minimum water level, or recovery or
  118  prevention strategy adopted by the department by rule without
  119  the district’s adoption by rule of such reservation, minimum
  120  flow or minimum water level, or recovery or prevention strategy.
  121         (6)(5)(a) Upon written request to the department or
  122  governing board by a substantially affected person, or by
  123  decision of the department or governing board, before prior to
  124  the establishment of a minimum flow or minimum water level and
  125  before prior to the filing of any petition for administrative
  126  hearing related to the minimum flow or minimum water level, all
  127  scientific or technical data, methodologies, and models,
  128  including all scientific and technical assumptions employed in
  129  each model, used to establish a minimum flow or minimum water
  130  level shall be subject to independent scientific peer review.
  131  Independent scientific peer review means review by a panel of
  132  independent, recognized experts in the fields of hydrology,
  133  hydrogeology, limnology, biology, and other scientific
  134  disciplines, to the extent relevant to the establishment of the
  135  minimum flow or minimum water level.
  136         (b) If independent scientific peer review is requested, it
  137  shall be initiated at an appropriate point agreed upon by the
  138  department or governing board and the person or persons
  139  requesting the peer review. If no agreement is reached, the
  140  department or governing board shall determine the appropriate
  141  point at which to initiate peer review. The members of the peer
  142  review panel shall be selected within 60 days of the point of
  143  initiation by agreement of the department or governing board and
  144  the person or persons requesting the peer review. If the panel
  145  is not selected within the 60-day period, the time limitation
  146  may be waived upon the agreement of all parties. If no waiver
  147  occurs, the department or governing board may proceed to select
  148  the peer review panel. The cost of the peer review shall be
  149  borne equally by the district and each party requesting the peer
  150  review, to the extent economically feasible. The panel shall
  151  submit a final report to the governing board within 120 days
  152  after its selection unless the deadline is waived by agreement
  153  of all parties. Initiation of peer review pursuant to this
  154  paragraph shall toll any applicable deadline under chapter 120
  155  or other law or district rule regarding permitting, rulemaking,
  156  or administrative hearings, until 60 days following submittal of
  157  the final report. Any such deadlines shall also be tolled for 60
  158  days following withdrawal of the request or following agreement
  159  of the parties that peer review will no longer be pursued. The
  160  department or the governing board shall give significant weight
  161  to the final report of the peer review panel when establishing
  162  the minimum flow or minimum water level.
  163         (c) If the final data, methodologies, and models, including
  164  all scientific and technical assumptions employed in each model
  165  upon which a minimum flow or level is based, have undergone peer
  166  review pursuant to this subsection, by request or by decision of
  167  the department or governing board, no further peer review shall
  168  be required with respect to that minimum flow or minimum water
  169  level.
  170         (d) No minimum flow or minimum water level adopted by rule
  171  or formally noticed for adoption on or before May 2, 1997, shall
  172  be subject to the peer review provided for in this subsection.
  173         (7)(6) If a petition for administrative hearing is filed
  174  under chapter 120 challenging the establishment of a minimum
  175  flow or minimum water level, the report of an independent
  176  scientific peer review conducted under subsection (5) (4) is
  177  admissible as evidence in the final hearing, and the
  178  administrative law judge must render the order within 120 days
  179  after the filing of the petition. The time limit for rendering
  180  the order shall not be extended except by agreement of all the
  181  parties. To the extent that the parties agree to the findings of
  182  the peer review, they may stipulate that those findings be
  183  incorporated as findings of fact in the final order.
  184         (8) The rules adopted pursuant to this section are not
  185  subject to s. 120.541(3).
  186         Section 6. Section 373.0421, Florida Statutes, is amended
  187  to read:
  188         373.0421 Establishment and implementation of minimum flows
  189  and minimum water levels.—
  190         (1) ESTABLISHMENT.—
  191         (a) Considerations.—When establishing minimum flows and
  192  minimum water levels pursuant to s. 373.042, the department or
  193  governing board shall consider changes and structural
  194  alterations to watersheds, surface waters, and aquifers and the
  195  effects such changes or alterations have had, and the
  196  constraints such changes or alterations have placed, on the
  197  hydrology of an affected watershed, surface water, or aquifer,
  198  provided that nothing in this paragraph shall allow significant
  199  harm as provided by s. 373.042(1) caused by withdrawals.
  200         (b) Exclusions.—
  201         1. The Legislature recognizes that certain water bodies no
  202  longer serve their historical hydrologic functions. The
  203  Legislature also recognizes that recovery of these water bodies
  204  to historical hydrologic conditions may not be economically or
  205  technically feasible, and that such recovery effort could cause
  206  adverse environmental or hydrologic impacts. Accordingly, the
  207  department or governing board may determine that setting a
  208  minimum flow or minimum water level for such a water body based
  209  on its historical condition is not appropriate.
  210         2. The department or the governing board is not required to
  211  establish minimum flows or minimum water levels pursuant to s.
  212  373.042 for surface water bodies less than 25 acres in area,
  213  unless the water body or bodies, individually or cumulatively,
  214  have significant economic, environmental, or hydrologic value.
  215         3. The department or the governing board shall not set
  216  minimum flows or minimum water levels pursuant to s. 373.042 for
  217  surface water bodies constructed before prior to the requirement
  218  for a permit, or pursuant to an exemption, a permit, or a
  219  reclamation plan which regulates the size, depth, or function of
  220  the surface water body under the provisions of this chapter,
  221  chapter 378, or chapter 403, unless the constructed surface
  222  water body is of significant hydrologic value or is an essential
  223  element of the water resources of the area.
  224  
  225  The exclusions of this paragraph shall not apply to the
  226  Everglades Protection Area, as defined in s. 373.4592(2)(i).
  227         (2) If the existing flow or water level in a water body is
  228  below, or is projected to fall within 20 years below, the
  229  applicable minimum flow or minimum water level established
  230  pursuant to s. 373.042, the department or governing board,
  231  concurrent with the adoption of the minimum flow or minimum
  232  water level and as part of the regional water supply plan
  233  described in s. 373.709, shall adopt and expeditiously implement
  234  a recovery or prevention strategy, which includes the
  235  development of additional water supplies and other actions,
  236  consistent with the authority granted by this chapter, to:
  237         (a) Achieve recovery to the established minimum flow or
  238  minimum water level as soon as practicable; or
  239         (b) Prevent the existing flow or water level from falling
  240  below the established minimum flow or minimum water level.
  241  
  242  The recovery or prevention strategy must shall include a phased
  243  in approach phasing or a timetable which will allow for the
  244  provision of sufficient water supplies for all existing and
  245  projected reasonable-beneficial uses, including development of
  246  additional water supplies and implementation of conservation and
  247  other efficiency measures concurrent with and, to the maximum
  248  extent practical, and to offset, reductions in permitted
  249  withdrawals, consistent with the provisions of this chapter. The
  250  recovery or prevention strategy may not depend solely on water
  251  shortage restrictions declared pursuant to s. 373.175 or s.
  252  373.246.
  253         (3) To ensure that sufficient water is available for all
  254  existing and future reasonable-beneficial uses and the natural
  255  systems, the applicable regional water supply plan prepared
  256  pursuant to s. 373.709 shall be amended to include any water
  257  supply development project or water resource development project
  258  identified in a recovery or prevention strategy. Such amendment
  259  shall be approved concurrently with relevant portions of the
  260  recovery or prevention strategy.
  261         (4) The water management district shall notify the
  262  department if an application for a water use permit is denied
  263  based upon the impact that the use will have on an adopted
  264  minimum flow or minimum water level. Upon receipt of such
  265  notice, the department shall, as soon as practicable and in
  266  cooperation with the water management district, conduct a review
  267  of the applicable regional water supply plan prepared pursuant
  268  to s. 373.709. Such review shall include an assessment by the
  269  department of the adequacy of the plan in addressing the
  270  legislative intent of s. 373.705(2)(b) which provides that
  271  sufficient water be available for all existing and future
  272  reasonable-beneficial uses and natural systems and that the
  273  adverse effects of competition for water supplies be avoided. If
  274  the department determines, based upon this review, that the
  275  regional water supply plan does not adequately address the
  276  legislative intent of s. 373.705(2)(b), the water management
  277  district shall immediately initiate an update of the plan
  278  consistent with s. 373.709.
  279         (5)(3) The provisions of this section are supplemental to
  280  any other specific requirements or authority provided by law.
  281  Minimum flows and minimum water levels shall be reevaluated
  282  periodically and revised as needed.
  283         Section 7. Section 373.0465, Florida Statutes, is created
  284  to read:
  285         373.0465 Central Florida Water Initiative.-
  286         (1) The Legislature finds that:
  287         (a) Historically, the Floridan Aquifer system has supplied
  288  the vast majority of the water used in the Central Florida
  289  Coordination Area.
  290         (b) Because the boundaries of the St. Johns River Water
  291  Management District, the South Florida Water Management
  292  District, and the Southwest Florida Water Management District
  293  meet within the Central Florida Coordination Area, the three
  294  districts and the Department of Environmental Protection have
  295  worked cooperatively to determine that the Floridan Aquifer
  296  system is locally approaching the sustainable limits of use and
  297  are exploring the need to develop sources of water to meet the
  298  long-term water needs of the area.
  299         (c) The Central Florida Water Initiative is a collaborative
  300  process involving the Department of Environmental Protection,
  301  the St. Johns River Water Management District, the South Florida
  302  Water Management District, the Southwest Florida Water
  303  Management District, the Department of Agriculture and Consumer
  304  Services, regional public water supply utilities, and other
  305  stakeholders. As set forth in the Central Florida Water
  306  Initiative Guiding Document of January 30, 2015, the initiative
  307  has developed an initial framework for a unified process to
  308  address the current and long-term water supply needs of Central
  309  Florida without causing harm to the water resources and
  310  associated natural systems.
  311         (d) Developing water sources as an alternative to continued
  312  reliance on the Floridan Aquifer will benefit existing and
  313  future water users and natural systems within and beyond the
  314  boundaries of the Central Florida Water Initiative.
  315         (2)(a) As used in this section, the term “Central Florida
  316  Water Initiative Area” means all of Orange, Osceola, Polk, and
  317  Seminole Counties, and southern Lake County, as designated by
  318  the Central Florida Water Initiative Guiding Document of January
  319  30, 2015.
  320         (b) The department, the St. Johns River Water Management
  321  District, the South Florida Water Management District, the
  322  Southwest Florida Water Management District, and the Department
  323  of Agriculture and Consumer Services shall:
  324         1. Provide for a continuation of the collaborative process
  325  in the Central Florida Water Initiative Area among the state
  326  agencies, affected water management districts, regional public
  327  water supply utilities, and other stakeholders;
  328         2. Build upon the guiding principles and goals set forth in
  329  the Central Florida Water Initiative Guiding Document of January
  330  30, 2015, and the work that has already been accomplished by the
  331  Central Florida Water Initiative participants;
  332         3. Develop and implement, as set forth in the Central
  333  Florida Water Initiative Guiding Document of January 30, 2015, a
  334  single multidistrict regional water supply plan, including any
  335  needed recovery or prevention strategies and a list of water
  336  supply development projects or water resource projects; and
  337         4. Provide for a single hydrologic planning model to assess
  338  the availability of groundwater in the Central Florida Water
  339  Initiative Area.
  340         (c) In developing the water supply planning program
  341  consistent with the goals set forth in this subsection, the
  342  department, the St. Johns River Water Management District, the
  343  South Florida Water Management District, the Southwest Florida
  344  Water Management District, and the Department of Agriculture and
  345  Consumer Services shall:
  346         1. Consider limitations on groundwater use together with
  347  opportunities for new, increased, or redistributed groundwater
  348  uses that are consistent with the conditions established under
  349  s. 373.223;
  350         2. Establish a coordinated process for the identification
  351  of water resources requiring new or revised conditions. Any new
  352  or revised condition must be consistent with s. 373.223;
  353         3. Consider existing recovery or prevention strategies;
  354         4. Include a list of water supply options sufficient to
  355  meet the water needs of all existing and future reasonable
  356  beneficial uses consistent with the conditions established under
  357  s. 373.223; and
  358         5. Identify, as necessary, which of the water supply
  359  sources are preferred water supply sources pursuant to s.
  360  373.2234.
  361         (d)The department, in consultation with the St. Johns
  362  River Water Management District, the South Florida Water
  363  Management District, the Southwest Florida Water Management
  364  District, and the Department of Agriculture and Consumer
  365  Services, shall adopt uniform rules for application within the
  366  Central Florida Water Initiative Area that include:
  367         1.A single, uniform definition of the term “harmful to the
  368  water resources” consistent with the term’s usage in s. 373.219;
  369         2.A single method for calculating residential per capita
  370  water use;
  371         3.A single process for permit reviews;
  372         4.A single, consistent process, as appropriate, to set
  373  minimum flows and minimum water levels and water reservations;
  374         5.A goal for residential per capita water use for each
  375  consumptive use permit; and
  376         6.An annual conservation goal for each consumptive use
  377  permit consistent with the regional water supply plan.
  378  
  379  The uniform rules must include existing recovery strategies
  380  within the Central Florida Water Initiative Area adopted before
  381  July 1, 2016. The department may grant variances to the uniform
  382  rules if there are unique circumstances or hydrogeological
  383  factors that make application of the uniform rules unrealistic
  384  or impractical.
  385         (e) The department shall initiate rulemaking for the
  386  uniform rules by December 31, 2016. The department’s uniform
  387  rules shall be applied by the water management districts only
  388  within the Central Florida Water Initiative Area. Upon adoption
  389  of the rules, the water management districts shall implement the
  390  rules without further rulemaking pursuant to s. 120.54. The
  391  rules adopted by the department pursuant to this section are
  392  considered the rules of the water management districts.
  393         (f) Water management district planning programs developed
  394  pursuant to this subsection shall be approved or adopted as
  395  required under this chapter. However, such planning programs may
  396  not serve to modify planning programs in areas of the affected
  397  districts that are not within the Central Florida Water
  398  Initiative Area, but may include interregional projects located
  399  outside the Central Florida Water Initiative Area which are
  400  consistent with planning and regulatory programs in the areas in
  401  which they are located.
  402         Section 8. Subsection (4) of section 373.1501, Florida
  403  Statutes, is amended, present subsections (7) and (8) are
  404  redesignated as subsections (8) and (9), respectively, and a new
  405  subsection (7) is added to that section, to read:
  406         373.1501 South Florida Water Management District as local
  407  sponsor.—
  408         (4) The district is authorized to act as local sponsor of
  409  the project for those project features within the district as
  410  provided in this subsection and subject to the oversight of the
  411  department as further provided in s. 373.026. The district shall
  412  exercise the authority of the state to allocate quantities of
  413  water within its jurisdiction, including the water supply in
  414  relation to the project, and be responsible for allocating water
  415  and assigning priorities among the other water uses served by
  416  the project pursuant to state law. The district may:
  417         (a) Act as local sponsor for all project features
  418  previously authorized by Congress.;
  419         (b) Continue data gathering, analysis, research, and design
  420  of project components, participate in preconstruction
  421  engineering and design documents for project components, and
  422  further refine the Comprehensive Plan of the restudy as a guide
  423  and framework for identifying other project components.;
  424         (c) Construct pilot projects that will assist in
  425  determining the feasibility of technology included in the
  426  Comprehensive Plan of the restudy.; and
  427         (d) Act as local sponsor for project components.
  428         (7) When developing or implementing water control plans or
  429  regulation schedules required for the operation of the project,
  430  the district shall provide recommendations to the United States
  431  Army Corps of Engineers which are consistent with all district
  432  programs and plans.
  433  ================= T I T L E  A M E N D M E N T ================
  434  And the title is amended as follows:
  435         Delete lines 26 - 66
  436  and insert:
  437         amending s. 373.042, F.S.; establishing minimum flow
  438         and water level basis for Outstanding Florida Springs;
  439         establishing methodology for determining minimum flow
  440         and water levels for Outstanding Florida Springs;
  441         requiring the department or district governing board
  442         to reserve sufficient water for Outstanding Florida
  443         Springs from consumptive use permit applicants under
  444         certain conditions; requiring the department or the
  445         governing board of a water management district to
  446         adopt a minimum flow or minimum water level for an
  447         Outstanding Florida Spring using emergency rulemaking
  448         authority under certain circumstances; requiring
  449         collaboration in the development and implementation of
  450         recovery or prevention strategies under certain
  451         circumstances; revising the rulemaking authority of
  452         the department; amending s. 373.0421, F.S.; directing
  453         the department or the water management district
  454         governing boards to adopt and implement certain
  455         recovery or prevention strategies concurrent with the
  456         adoption of minimum flows and minimum water levels;
  457         providing criteria for such recovery or prevention
  458         strategies; requiring certain amendments to regional
  459         water supply plans to be concurrent with relevant
  460         portions of the recovery or prevention strategy;
  461         directing water management districts to notify the
  462         department when water use permit applications are
  463         denied for a specified reason; providing for the
  464         review and update of regional water supply plans in
  465         such cases; creating s. 373.0465, F.S.; providing
  466         legislative intent; defining the term “Central Florida
  467         Water Initiative Area”; requiring the department, the
  468         St. Johns River Water Management District, the South
  469         Florida Water Management District, the Southwest
  470         Florida Water Management District, and the Department
  471         of Agriculture and Consumer Services to develop and
  472         implement a multidistrict regional water supply plan;
  473         providing plan criteria and requirements; providing
  474         applicability; requiring the department to adopt
  475         rules; amending s. 373.1501, F.S.; specifying
  476         authority of the South Florida Water Management
  477         District to allocate quantities of, and assign
  478         priorities for the use of, water within its
  479         jurisdiction; directing the district to provide
  480         recommendations to the United States Army Corps of
  481         Engineers when developing or implementing certain
  482         water control plans or regulation schedules; amending
  483         s. 373.223, F.S.;