Florida Senate - 2021                             CS for SB 7062
       
       
        
       By the Committees on Appropriations; and Environment and Natural
       Resources
       
       
       
       
       576-04240-21                                          20217062c1
    1                        A bill to be entitled                      
    2         An act relating to the Central Florida Water
    3         Initiative; ratifying specified rules relating to the
    4         Central Florida Water Initiative, for the sole and
    5         exclusive purpose of satisfying any condition on
    6         effectiveness pursuant to s. 120.541(3), F.S., which
    7         requires ratification of any rule exceeding any
    8         specified thresholds for likely adverse impact or
    9         increase in regulatory costs; providing applicability;
   10         providing a declaration of important state interest;
   11         amending s. 373.0465, F.S.; requiring the department,
   12         in consultation with specified water management
   13         districts, to adopt rules that include an annual
   14         drought allocation for supplemental irrigation for
   15         agricultural uses and a process for examining an
   16         agricultural user’s supplemental irrigation needs as
   17         weighed against certain factors; providing for the
   18         applicability of specified rules to areas with certain
   19         existing recovery strategies; creating s. 373.0466,
   20         F.S.; establishing, subject to appropriation, a
   21         Central Florida Water Initiative grant program within
   22         the department; requiring the department, in
   23         cooperation with the relevant water management
   24         districts, to distribute appropriated funds for
   25         certain projects that benefit the Central Florida
   26         Water Initiative Area; providing requirements for the
   27         distribution; amending s. 403.8532, F.S.; requiring
   28         the department to give funding priority to certain
   29         projects relating to the Central Florida Water
   30         Initiative; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. (1)The following rule is ratified for the sole
   35  and exclusive purpose of satisfying any condition on
   36  effectiveness imposed under s. 120.541(3), Florida Statutes:
   37  Rules 62-41.300, 62-41.301, 62.41.302, 62-41.303, 62-41.304, and
   38  62-41.305, Florida Administrative Code, titled “Central Florida
   39  Water Initiative Area,” as published on November 19, 2020, in
   40  the Florida Administrative Register, Vol. 46, No. 226, pages
   41  5019-5025; February 9, 2021, in the Florida Administrative
   42  Register, Vol. 47, No. 26, pages 733-734; and March 26, 2021, in
   43  the Florida Administrative Register, Vol. 47, No. 59, pages
   44  1506-1507.
   45         (2)This section serves no other purpose and shall not be
   46  codified in the Florida Statutes. After this act becomes a law,
   47  its enactment and effective dates shall be noted in the Florida
   48  Administrative Code or the Florida Administrative Register, or
   49  both, as appropriate. This section does not constitute
   50  legislative preemption of or exception to any provision of law
   51  governing adoption or enforcement of the rule cited, and is
   52  intended to preserve the status of any cited rule as a rule
   53  under chapter 120, Florida Statutes. This section does not cure
   54  any rulemaking defect or preempt any challenge based on a
   55  violation of the legal requirements governing the adoption of
   56  any rule cited.
   57         (3)The Legislature determines and declares that this
   58  section fulfills an important state interest.
   59         Section 2. Paragraph (d) of subsection (2) of section
   60  373.0465, Florida Statutes, is amended to read:
   61         373.0465 Central Florida Water Initiative.—
   62         (2)
   63         (d) The department, in consultation with the St. Johns
   64  River Water Management District, the South Florida Water
   65  Management District, the Southwest Florida Water Management
   66  District, and the Department of Agriculture and Consumer
   67  Services, shall adopt uniform rules for application within the
   68  Central Florida Water Initiative Area that include:
   69         1. A single, uniform definition of the term “harmful to the
   70  water resources” consistent with the term’s usage in s. 373.219;
   71         2. A single method for calculating residential per capita
   72  water use;
   73         3. A single process for permit reviews;
   74         4. A single, consistent process, as appropriate, to set
   75  minimum flows and minimum water levels and water reservations;
   76         5. A goal for residential per capita water use for each
   77  consumptive use permit; and
   78         6. An annual conservation goal for each consumptive use
   79  permit consistent with the regional water supply plan;.
   80         7.A drought allocation for supplemental irrigation for
   81  agricultural uses which is based on a 2-in-10-year rainfall
   82  condition or, if the applicant so requests, is based on a 5-in
   83  10-year rainfall condition alone or combined with the 2-in-10
   84  year condition. The applicable water management district may
   85  also condition, for information only purposes, consumptive use
   86  permits to advise permittees that their annual use of water
   87  should be less than the drought allocation in all years except
   88  for the drought condition that is the basis for the allocation
   89  or for a more severe drought; and
   90         8.A process for the applicable water management district
   91  to annually examine an agricultural user’s 5-year moving average
   92  supplemental irrigation water use against the annual
   93  supplemental irrigation needs in the 5-in-10-year rainfall
   94  condition beginning no earlier than 5 years following the
   95  effective date of the rules adopted under this section. If this
   96  annual examination indicates that the agricultural user’s 5-year
   97  moving average use exceeds that needed in such rainfall
   98  condition for reasons other than prolonged periods of below
   99  average rainfall, the water management district may modify the
  100  agricultural user’s permit to include an annual supplemental
  101  irrigation allocation based on both the amount of supplemental
  102  irrigation required during a 2-in-10-year rainfall condition and
  103  the amount of supplemental irrigation required during a 5-in-10
  104  year rainfall condition as provided in rules adopted pursuant to
  105  this section. In such case, the supplemental irrigation
  106  allocation based on the 5-in-10-year rainfall condition shall be
  107  valid for only 5 years unless the agricultural user’s 5-year
  108  moving average use continues to exceed the amount of
  109  supplemental irrigation needed during a 5-in-10-year rainfall
  110  condition for reasons other than prolonged periods of drought.
  111  
  112  Subparagraphs 7. and 8. may not be construed to limit the
  113  ability of the department or a water management district to
  114  establish different supplemental irrigation requirements as part
  115  of an existing or future recovery or prevention strategy adopted
  116  pursuant to s. 373.0363, s. 373.042, or s. 373.0421. The uniform
  117  rules must include existing recovery strategies within the
  118  Central Florida Water Initiative Area adopted before July 1,
  119  2016. The department may grant variances to the uniform rules if
  120  there are unique circumstances or hydrogeological factors that
  121  make application of the uniform rules unrealistic or
  122  impractical.
  123         Section 3. Section 373.0466, Florida Statutes, is created
  124  to read:
  125         373.0466Central Florida Water Initiative grant program.
  126  Subject to appropriation, a grant program for the Central
  127  Florida Water Initiative is established within the Department of
  128  Environmental Protection.
  129         (1)The department, in cooperation with the relevant water
  130  management districts, shall provide grants for projects that
  131  benefit the Central Florida Water Initiative Area which promote
  132  alternative water supplies and protect groundwater resources.
  133         (2)In allocating such funds, priority must be given to
  134  projects that use reclaimed water, create new surface water
  135  storage, enhance natural systems, recharge groundwater, optimize
  136  beneficial uses of water, expand water conservation programs, or
  137  are able to demonstrate that a significant financial hardship
  138  exists as a result of complying with rules applicable to the
  139  Central Florida Water Initiative Area.
  140         Section 4. Paragraph (a) of subsection (9) of section
  141  403.8532, Florida Statutes, is amended to read:
  142         403.8532 Drinking water state revolving loan fund; use;
  143  rules.—
  144         (9) The department may adopt rules regarding the procedural
  145  and contractual relationship between the department and the
  146  corporation under s. 403.1837 and to carry out the purposes of
  147  this section and the federal Safe Drinking Water Act, as
  148  amended. Such rules shall:
  149         (a) Set forth a priority system for loans based on public
  150  health considerations, compliance with state and federal
  151  requirements relating to public drinking water systems, and
  152  affordability. The priority system must shall give special
  153  consideration to:
  154         1. Projects that provide for the development of alternative
  155  drinking water supply projects and management techniques in
  156  areas where existing source waters are limited or threatened by
  157  saltwater intrusion, excessive drawdowns, contamination, or
  158  other problems;
  159         2. Projects that provide for a dependable, sustainable
  160  supply of drinking water and that are not otherwise financially
  161  feasible; and
  162         3. Projects that contribute to the sustainability of
  163  regional water sources; and
  164         4.Projects that implement water supply plans and develop
  165  water sources as an alternative to continued reliance on the
  166  Floridan Aquifer, pursuant to s. 373.0465.
  167         Section 5. This act shall take effect upon becoming a law.