Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. HB 1309
       
       
       
       
       
       
                                Ì546548LÎ546548                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             04/21/2021 10:24 AM       .      04/29/2021 12:18 PM       
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       Senator Brodeur moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 50 and 51
    4  insert:
    5         Section 2. (1)The following rule is ratified for the sole
    6  and exclusive purpose of satisfying any condition on
    7  effectiveness imposed under s. 120.541(3), Florida Statutes:
    8  Rules 62-41.300, 62-41.301, 62.41.302, 62-41.303, 62-41.304, and
    9  62-41.305, Florida Administrative Code, titled “Central Florida
   10  Water Initiative Area,” as published on November 19, 2020, in
   11  the Florida Administrative Register, Vol. 46, No. 226, pages
   12  5019-5025; February 9, 2021, in the Florida Administrative
   13  Register, Vol. 47, No. 26, pages 733-734; and March 26, 2021, in
   14  the Florida Administrative Register, Vol. 47, No. 59, pages
   15  1506-1507.
   16         (2)This section serves no other purpose and shall not be
   17  codified in the Florida Statutes. After this act becomes a law,
   18  its enactment and effective dates shall be noted in the Florida
   19  Administrative Code or the Florida Administrative Register, or
   20  both, as appropriate. This section does not constitute
   21  legislative preemption of or exception to any provision of law
   22  governing adoption or enforcement of the rule cited, and is
   23  intended to preserve the status of any cited rule as a rule
   24  under chapter 120, Florida Statutes. This section does not cure
   25  any rulemaking defect or preempt any challenge based on a
   26  violation of the legal requirements governing the adoption of
   27  any rule cited.
   28         Section 3. Paragraph (d) of subsection (2) of section
   29  373.0465, Florida Statutes, is amended to read:
   30         373.0465 Central Florida Water Initiative.—
   31         (2)
   32         (d) The department, in consultation with the St. Johns
   33  River Water Management District, the South Florida Water
   34  Management District, the Southwest Florida Water Management
   35  District, and the Department of Agriculture and Consumer
   36  Services, shall adopt uniform rules for application within the
   37  Central Florida Water Initiative Area that include:
   38         1. A single, uniform definition of the term “harmful to the
   39  water resources” consistent with the term’s usage in s. 373.219;
   40         2. A single method for calculating residential per capita
   41  water use;
   42         3. A single process for permit reviews;
   43         4. A single, consistent process, as appropriate, to set
   44  minimum flows and minimum water levels and water reservations;
   45         5. A goal for residential per capita water use for each
   46  consumptive use permit; and
   47         6. An annual conservation goal for each consumptive use
   48  permit consistent with the regional water supply plan.;
   49         7.A drought allocation for supplemental irrigation for
   50  agricultural uses which is based on a 2-in-10-year rainfall
   51  condition or, if the applicant so requests, is based on a 5-in
   52  10-year rainfall condition alone or combined with the 2-in-10
   53  year condition. The applicable water management district may
   54  also condition, for information only purposes, consumptive use
   55  permits to advise permittees that their annual use of water
   56  should be less than the drought allocation in all years except
   57  for the drought condition that is the basis for the allocation
   58  or a more severe drought; and
   59         8.A process for the applicable water management district
   60  to annually examine an agricultural user’s 5-year moving average
   61  supplemental irrigation water use against the annual
   62  supplemental irrigation needs in the 5-in-10-year rainfall
   63  condition beginning no earlier than 5 years following the
   64  effective date of the rules adopted under this section. If this
   65  annual examination indicates that the agricultural user’s 5-year
   66  moving average use exceeds that needed in such rainfall
   67  condition for reasons other than prolonged periods of below
   68  average rainfall, the water management district may modify the
   69  agricultural user’s permit to include an annual supplemental
   70  irrigation allocation based on both the amount of supplemental
   71  irrigation required during a 2-in-10-year rainfall condition and
   72  the amount of supplemental irrigation required during a 5-in-10
   73  year rainfall condition as provided in rules adopted pursuant to
   74  this section. In such case, the supplemental irrigation
   75  allocation based on the 5-in-10-year rainfall condition shall be
   76  valid for only 5 years unless the agricultural user’s 5-year
   77  moving average use continues to exceed the amount of
   78  supplemental irrigation needed during a 5-in-10-year rainfall
   79  condition for reasons other than prolonged periods of drought.
   80  
   81  Subparagraphs 7. and 8. may not be construed to limit the
   82  ability of the department or a water management district to
   83  establish different supplemental irrigation requirements as part
   84  of an existing or future recovery or prevention strategy adopted
   85  pursuant to s. 373.0363, s. 373.042, or s. 373.0421. The uniform
   86  rules must include existing recovery strategies within the
   87  Central Florida Water Initiative Area adopted before July 1,
   88  2016. The department may grant variances to the uniform rules if
   89  there are unique circumstances or hydrogeological factors that
   90  make application of the uniform rules unrealistic or
   91  impractical.
   92         Section 4. Section 373.0466, Florida Statutes, is created
   93  to read:
   94         373.0466Central Florida Water Initiative Grant Program.
   95  Subject to appropriation, a grant program for the Central
   96  Florida Water Initiative is established within the Department of
   97  Environmental Protection.
   98         (1)The department, in cooperation with the relevant water
   99  management districts, shall provide grants for projects that
  100  benefit the Central Florida Water Initiative Area and that
  101  promote alternative water supplies and protect groundwater
  102  resources.
  103         (2)In allocating such funds, priority must be given to
  104  projects that use reclaimed water, create new surface water
  105  storage, enhance natural systems, recharge groundwater, optimize
  106  beneficial uses of water, expand water conservation programs, or
  107  are able to demonstrate that a significant financial hardship
  108  exists as a result of complying with rules applicable to the
  109  Central Florida Water Initiative Area.
  110         Section 5. Paragraph (a) of subsection (9) of section
  111  403.8532, Florida Statutes, is amended to read:
  112         403.8532 Drinking water state revolving loan fund; use;
  113  rules.—
  114         (9) The department may adopt rules regarding the procedural
  115  and contractual relationship between the department and the
  116  corporation under s. 403.1837 and to carry out the purposes of
  117  this section and the federal Safe Drinking Water Act, as
  118  amended. Such rules shall:
  119         (a) Set forth a priority system for loans based on public
  120  health considerations, compliance with state and federal
  121  requirements relating to public drinking water systems, and
  122  affordability. The priority system must shall give special
  123  consideration to:
  124         1. Projects that provide for the development of alternative
  125  drinking water supply projects and management techniques in
  126  areas where existing source waters are limited or threatened by
  127  saltwater intrusion, excessive drawdowns, contamination, or
  128  other problems;
  129         2. Projects that provide for a dependable, sustainable
  130  supply of drinking water and that are not otherwise financially
  131  feasible; and
  132         3. Projects that contribute to the sustainability of
  133  regional water sources; and
  134         4.Projects that implement water supply plans and develop
  135  water sources as an alternative to continued reliance on the
  136  Floridan Aquifer, pursuant to s. 373.0465.
  137         Section 6. The Legislature determines and declares that
  138  this act fulfills an important state interest.
  139  
  140  ================= T I T L E  A M E N D M E N T ================
  141  And the title is amended as follows:
  142         Delete lines 2 - 11
  143  and insert:
  144         An act relating to environmental regulation; ratifying
  145         specified rules relating to biosolids for the sole and
  146         exclusive purpose of satisfying any condition on
  147         effectiveness pursuant to s. 120.541(3), F.S., which
  148         requires ratification of any rule exceeding the
  149         specified thresholds for likely adverse impact or
  150         increase in regulatory costs; exempting the rules from
  151         certain review and approval by the Environmental
  152         Regulation Commission; providing applicability;
  153         ratifying specified rules relating to the Central
  154         Florida Water Initiative, for the sole and exclusive
  155         purpose of satisfying any condition on effectiveness
  156         pursuant to s. 120.541(3), F.S., which requires
  157         ratification of any rule exceeding any specified
  158         thresholds for likely adverse impact or increase in
  159         regulatory costs; providing applicability; amending s.
  160         373.0465, F.S.; requiring the department, in
  161         consultation with specified water management
  162         districts, to adopt rules that include an annual
  163         drought allocation for supplemental irrigation for
  164         agricultural uses and a process for examining an
  165         agricultural user’s supplemental irrigation needs as
  166         weighed against certain factors; providing for the
  167         applicability of specified rules to areas with certain
  168         existing recovery strategies; creating s. 373.0466,
  169         F.S.; establishing, subject to appropriation, a
  170         Central Florida Water Initiative Grant Program within
  171         the department; requiring the department, in
  172         cooperation with the relevant water management
  173         districts, to distribute appropriated funds for
  174         certain projects that benefit the Central Florida
  175         Water Initiative Area; amending s. 403.8532, F.S.;
  176         requiring the department to give funding priority to
  177         certain projects relating to the Central Florida Water
  178         Initiative; providing a declaration of important state
  179         interest; providing an