fl 2003 hb 1069

F l o r i d a H o u s e o f R e p r e s e n t a t i v e s
2003 legislative session - everglades related bills

Water Resources: Revises and adds provision to the Florida Water Resources Act of 1972; requires local governments to include projected water use in comprehensive plans and includes potable water facilities and availability of water resources as components thereof; revises procedure for fixing and changing rates to include costs of alternative water supply facilities; authorizes the Florida Public Service Commission to establish conservation and drought rates; provides conditions to receive funding assistance for certain projects; prohibits the sale of consumptive use water rights; requires adoption of rules relating to longer duration permits and concurrent review of consumptive use and environmental resource permit applications; provides for metering use of reclaimed water and volume-based rates therefor and requires wastewater utilities to submit plans therefor metering use and volume-based rate structures to the department; provides for reclaimed water use at state facilities; provides for development of rate structures for alternative water supply systems.

HB 1069

2003

A bill to be entitled

An act relating to water resources; amending s. 163.3167,

F.S.; requiring local governments to include projected

water use in comprehensive plans; amending s. 163.3177,

F.S.; including potable water facilities and availability

of water resources as components of a comprehensive plan;

amending s. 367.081, F.S.; revising procedure for fixing

and changing rates to include the recovery of costs of

alternative water supply facilities; amending s. 367.0814,

F.S.; revising limit on the amount of revenues received by

a utility to qualify for staff assistance in changing

rates or charges; creating s. 367.0818, F.S.; authorizing

the Florida Public Service Commission to establish

conservation or drought rates; amending s. 373.0361, F.S.;

including conservation measures in regional water supply

plans; providing for a technical committee and providing

duties thereof; amending s. 373.0831, F.S.; requiring the

governing board of a water control district to include

certain information in its annual budget request; creating

s. 373.186, F.S.; providing legislative findings and

intent with regard to landscape irrigation design;

creating s. 373.190, F.S.; requiring individual water

meters in certain establishments; providing exceptions;

amending s. 373.1961, F.S.; providing for funding for

certain water management districts; providing funding

priority; providing conditions for certain projects to

receive funding assistance; amending s. 373.219, F.S.;

providing an exception from permit requirements for

certain water uses; amending s. 373.223, F.S.; providing

criteria for designation of proposed use of water by a

utility as a reasonable-beneficial use; providing for

informative billing by utilities; prohibiting the sale of

consumptive use water rights; creating s. 373.2231, F.S.;

providing for consideration of impact of proposed water

use; amending s. 373.236, F.S.; requiring the Department

of Environmental Protection or the water management

district to adopt rules relating to longer duration

permits under certain circumstances; creating s. 373.4271,

F.S.; requiring the department, in consultation with the

district, to adopt rules relating to concurrent review of

consumptive use permit and environmental resource permit

applications; amending s. 378.212, F.S.; allowing a

variance from pts. III and IV of ch. 378, F.S., and pt. IV

of ch. 373, F.S., to accommodate reclamation; amending s.

403.064, F.S.; providing for metering use of reclaimed

water and volume-based rates therefor; requiring

wastewater utilities to submit plans for metering use and

volume-based rate structures to the department; amending

s. 403.0645, F.S.; providing for reclaimed water use at

state facilities; requiring reports; amending s. 403.1835,

F.S.; providing for development of rate structures for

alternative water supply systems; providing criteria;

amending ss. 373.016, 373.1962, 373.217, and 373.229,

F.S.; conforming cross references to changes made by the

act; providing an effective date.

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

Section 1. Subsection (13) is added to section 163.3167,

Florida Statutes, to read:

163.3167 Scope of act.--

(13) Each local government shall address in its

comprehensive plan the availability of water supplies necessary

to meet the projected water use demands for the established

planning period, compatible with any applicable plan developed

pursuant to s. 373.0361.

Section 2. Paragraph (a) of subsection (3) and paragraph

(a) of subsection (6) of section 163.3177, Florida Statutes, are

amended to read:

163.3177 Required and optional elements of comprehensive

plan; studies and surveys.--

(3)(a) The comprehensive plan shall contain a capital

improvements element designed to consider the need for and the

location of public facilities in order to encourage the

efficient utilization of such facilities and set forth:

1. A component which outlines principles for construction,

extension, or increase in capacity of public facilities, as well

as a component which outlines principles for correcting existing

public facility deficiencies, which are necessary to implement

the comprehensive plan. The components shall cover at least a 5-

year period.

2. A component which outlines plans for construction,

extension, or increase in capacity of potable water facilities.

Such component shall be compatible with the applicable regional

water supply plan developed pursuant to s. 373.0361. Such

component shall include a water conservation section that

outlines potential water savings to be gained through water

conservation practices.

3.2.Estimated public facility costs, including a

delineation of when facilities will be needed, the general

location of the facilities, and projected revenue sources to

fund the facilities.

4.3.Standards to ensure the availability of public

facilities and the adequacy of those facilities including

acceptable levels of service.

5.4.Standards for the management of debt.

(6) In addition to the requirements of subsections (1)-

(5), the comprehensive plan shall include the following

elements:

100

(a) A future land use plan element designating proposed

101

future general distribution, location, and extent of the uses of

102

land for residential uses, commercial uses, industry,

103

agriculture, recreation, conservation, education, public

104

buildings and grounds, other public facilities, and other

105

categories of the public and private uses of land. Each future

106

land use category must be defined in terms of uses included, and

107

must include standards to be followed in the control and

108

distribution of population densities and building and structure

109

intensities. The proposed distribution, location, and extent of

110

the various categories of land use shall be shown on a land use

111

map or map series which shall be supplemented by goals,

112

policies, and measurable objectives. The future land use plan

113

shall be based upon surveys, studies, and data regarding the

114

area, including the amount of land required to accommodate

115

anticipated growth; the projected population of the area; the

116

character of undeveloped land; the availability of ground and

117

surface water resources for present and future water supplies

118

and the potential for development of alternative water supplies;

119

the availability of public services; the need for redevelopment,

120

including the renewal of blighted areas and the elimination of

121

nonconforming uses which are inconsistent with the character of

122

the community; and, in rural communities, the need for job

123

creation, capital investment, and economic development that will

124

strengthen and diversify the community's economy. The future

125

land use plan may designate areas for future planned development

126

use involving combinations of types of uses for which special

127

regulations may be necessary to ensure development in accord

128

with the principles and standards of the comprehensive plan and

129

this act. In addition, for rural communities, the amount of land

130

designated for future planned industrial use shall be based upon

131

surveys and studies that reflect the need for job creation,

132

capital investment, and the necessity to strengthen and

133

diversify the local economies, and shall not be limited solely

134

by the projected population of the rural community. The future

135

land use plan of a county may also designate areas for possible

136

future municipal incorporation. The land use maps or map series

137

shall generally identify and depict historic district boundaries

138

and shall designate historically significant properties meriting

139

protection. The future land use element must clearly identify

140

the land use categories in which public schools are an allowable

141

use. When delineating the land use categories in which public

142

schools are an allowable use, a local government shall include

143

in the categories sufficient land proximate to residential

144

development to meet the projected needs for schools in

145

coordination with public school boards and may establish

146

differing criteria for schools of different type or size. Each

147

local government shall include lands contiguous to existing

148

school sites, to the maximum extent possible, within the land

149

use categories in which public schools are an allowable use. All

150

comprehensive plans must comply with the school siting

151

requirements of this paragraph no later than October 1, 1999.

152

The failure by a local government to comply with these school

153

siting requirements by October 1, 1999, will result in the

154

prohibition of the local government's ability to amend the local

155

comprehensive plan, except for plan amendments described in s.

156

163.3187(1)(b), until the school siting requirements are met.

157

Amendments proposed by a local government for purposes of

158

identifying the land use categories in which public schools are

159

an allowable use or for adopting or amending the school-siting

160

maps pursuant to s. 163.31776(3) are exempt from the limitation

161

on the frequency of plan amendments contained in s. 163.3187.

162

The future land use element shall include criteria that

163

encourage the location of schools proximate to urban residential

164

areas to the extent possible and shall require that the local

165

government seek to collocate public facilities, such as parks,

166

libraries, and community centers, with schools to the extent

167

possible and to encourage the use of elementary schools as focal

168

points for neighborhoods. For schools serving predominantly

169

rural counties, defined as a county with a population of 100,000

170

or fewer, an agricultural land use category shall be eligible

171

for the location of public school facilities if the local

172

comprehensive plan contains school siting criteria and the

173

location is consistent with such criteria.

174

Section 3. Subsection (2) of section 367.081, Florida

175

Statutes, is amended to read:

176

367.081 Rates; procedure for fixing and changing.--

177

(2)(a)1. The commission shall, either upon request or upon

178

its own motion, fix rates which are just, reasonable,

179

compensatory, and not unfairly discriminatory. In every such

180

proceeding, the commission shall consider the value and quality

181

of the service and the cost of providing the service, which

182

shall include, but not be limited to, debt interest; the

183

requirements of the utility for working capital; maintenance,

184

depreciation, tax, and operating expenses incurred in the

185

operation of all property used and useful in the public service;

186

and a fair return on the investment of the utility in property

187

used and useful in the public service. Pursuant to s.

188

373.1961(2)(l), the commission shall allow recovery of the full,

189

prudently incurred costs of alternative water supply facilities.

190

However, the commission shall not allow the inclusion of

191

contributions-in-aid-of-construction in the rate base of any

192

utility during a rate proceeding, nor shall the commission

193

impute prospective future contributions-in-aid-of-construction

194

against the utility's investment in property used and useful in

195

the public service; and accumulated depreciation on such

196

contributions-in-aid-of-construction shall not be used to reduce

197

the rate base, nor shall depreciation on such contributed assets

198

be considered a cost of providing utility service.

199

2. For purposes of such proceedings, the commission shall

200

consider utility property, including land acquired or facilities

201

constructed or to be constructed within a reasonable time in the

202

future, not to exceed 24 months after the end of the historic

203

base year used to set final rates unless a longer period is

204

approved by the commission, to be used and useful in the public

205

service, if:

206

a. Such property is needed to serve current customers;

207

b. Such property is needed to serve customers 5 years

208

after the end of the test year used in the commission's final

209

order on a rate request as provided in subsection (6) at a

210

growth rate for equivalent residential connections not to exceed

211

5 percent per year; or

212

c. Such property is needed to serve customers more than 5

213

full years after the end of the test year used in the

214

commission's final order on a rate request as provided in

215

subsection (6) only to the extent that the utility presents

216

clear and convincing evidence to justify such consideration.

217

218

Notwithstanding the provisions of this paragraph, the commission

219

shall approve rates for service which allow a utility to recover

220

from customers the full amount of environmental compliance

221

costs. Such rates may not include charges for allowances for

222

funds prudently invested or similar charges. For purposes of

223

this requirement, the term "environmental compliance costs"

224

includes all reasonable expenses and fair return on any prudent

225

investment incurred by a utility in complying with the

226

requirements or conditions contained in any permitting,

227

enforcement, or similar decisions of the United States

228

Environmental Protection Agency, the Department of Environmental

229

Protection, a water management district, or any other

230

governmental entity with similar regulatory jurisdiction.

231

(b) In establishing initial rates for a utility, the

232

commission may project the financial and operational data as set

233

out in paragraph (a) to a point in time when the utility is

234

expected to be operating at a reasonable level of capacity.

235

Section 4. Subsection (1) of section 367.0814, Florida

236

Statutes, is amended to read:

237

367.0814 Staff assistance in changing rates and charges;

238

interim rates.--

239

(1) The commission may establish rules by which a water or

240

wastewater utility whose gross annual revenues are $200,000

241

~~$150,000~~or less may request and obtain staff assistance for the

242

purpose of changing its rates and charges. A utility may request

243

staff assistance by filing an application with the commission.

244

Section 5. Section 367.0818, Florida Statutes, is created

245

to read:

246

367.0818 Conservation or drought rates.--The commission

247

may, during any proceeding for a change in rates, upon its own

248

motion, upon a petition from any party, or by a tariff filing,

249

establish conservation or drought rates designed to promote more

250

efficient use of water and provide an economic incentive for

251

consumers to limit water use. The commission shall have the

252

authority to stabilize the revenues that are generated by

253

conservation or drought rates.

254

Section 6. Paragraph (a) of subsection (4) of section

255

373.016, Florida Statutes, is amended to read:

256

373.016 Declaration of policy.--

257

(4)(a) Because water constitutes a public resource

258

benefiting the entire state, it is the policy of the Legislature

259

that the waters in the state be managed on a state and regional

260

basis. Consistent with this directive, the Legislature

261

recognizes the need to allocate water throughout the state so as

262

to meet all reasonable-beneficial uses. However, the Legislature

263

acknowledges that such allocations have in the past adversely

264

affected the water resources of certain areas in this state. To

265

protect such water resources and to meet the current and future

266

needs of those areas with abundant water, the Legislature

267

directs the department and the water management districts to

268

encourage the use of water from sources nearest the area of use

269

or application whenever practicable. Such sources shall include

270

all naturally occurring water sources and all alternative water

271

sources, including, but not limited to, desalination,

272

conservation, reuse of nonpotable reclaimed water and

273

stormwater, and aquifer storage and recovery. Reuse of potable

274

reclaimed water and stormwater shall not be subject to the

275

evaluation described in s. 373.223(4)~~(3)~~(a)-(g). However, this

276

directive to encourage the use of water, whenever practicable,

277

from sources nearest the area of use or application shall not

278

apply to the transport and direct and indirect use of water

279

within the area encompassed by the Central and Southern Florida

280

Flood Control Project, nor shall it apply anywhere in the state

281

to the transport and use of water supplied exclusively for

282

bottled water as defined in s. 500.03(1)(d), nor shall it apply

283

to the transport and use of reclaimed water for electrical power

284

production by an electric utility as defined in section

285

366.02(2).

286

Section 7. Paragraphs (a) and (f) of subsection (2) of

287

section 373.0361, Florida Statutes, are amended to read:

288

373.0361 Regional water supply planning.--

289

(2) Each regional water supply plan shall be based on at

290

least a 20-year planning period and shall include, but not be

291

limited to:

292

(a) A water supply development component that includes:

293

1. A quantification of the water supply needs for all

294

existing and reasonably projected future uses within the

295

planning horizon. The level-of-certainty planning goal

296

associated with identifying the water supply needs of existing

297

and future reasonable-beneficial uses shall be based upon

298

meeting those needs for a 1-in-10-year drought event.

299

2. A list of water source options for water supply

300

development, including traditional and alternative sources and

301

conservation measures, from which local government, government-

302

owned and privately owned utilities, self-suppliers, and others

303

may choose, which will exceed the needs identified in

304

subparagraph 1.

305

3. For each option listed in subparagraph 2., the

306

estimated amount of water available for use and the estimated

307

costs of and potential sources of funding for water supply

308

development.

309

4. A list of water supply development projects that meet

310

the criteria in s. 373.0831(4).

311

(f) The technical data, modeling tools,and information

312

applicable to the planning region which are contained in the

313

district water management plan and are necessary to support the

314

regional water supply plan, which data, modeling tools, and

315

information must be reviewed by a technical committee comprised

316

of, at a minimum, members appointed from each appropriate county

317

local planning agency or local planning agency staff, each

318

appropriate regional planning council, and each appropriate

319

water supply authority. Upon review, a recommendation shall be

320

made by the committee as to whether the data, tools, and

321

information are the best available to serve as the basis of the

322

district water management plan and are necessary to support the

323

regional water supply plan and the local government plans

324

developed pursuant to s. 163.3177.

325

Section 8. Subsection (3) of section 373.0831, Florida

326

Statutes, is amended to read:

327

373.0831 Water resource development; water supply

328

development.--

329

(3) The water management districts shall fund and

330

implement water resource development as defined in s. 373.019.

331

Each governing board shall include in its annual budget the

332

amount needed for the fiscal year to implement water resource

333

development projects, as prioritized in its regional water

334

supply plans. When submitting its annual budget to the

335

Executive Office of the Governor for review under s. 373.536,

336

the governing board shall explain how each water resource

337

development project will produce additional water available for

338

consumptive uses and estimate the quantity of water to be

339

produced.

340

Section 9. Section 373.186, Florida Statutes, is created

341

to read:

342

373.186 Landscape irrigation design.--

343

(1) The Legislature finds that multiple areas throughout

344

the state have been identified by water management districts as

345

water resource caution areas, which indicates that water demand

346

in those areas will, in the near future, exceed the current

347

available water supply, and that conservation is one of the

348

mechanisms by which future water demand will be met.

349

(2) The Legislature finds that landscape irrigation

350

comprises a significant portion of water use and the current

351

typical landscape irrigation system designs offer significant

352

potential water conservation benefits.

353

(3) It is the intent of the Legislature to improve

354

landscape irrigation water use efficiency by ensuring landscape

355

irrigation systems meet or exceed minimum design criteria.

356

(4) All local governments are encouraged to develop and

357

adopt landscape irrigation design standards for new construction

358

that incorporates a landscape irrigation system. Such standards

359

should promote effective and efficient use of irrigation water

360

and include a consideration of local demographic, hydrologic,

361

and other considerations as they apply to landscape irrigation

362

water use.

363

Section 10. Section 373.190, Florida Statutes, is created

364

to read:

365

373.190 Metering.--Individual water meters shall be

366

required for each separate occupancy unit of new commercial

367

establishments; residential buildings; condominiums, including

368

resort condominiums and timeshares; cooperatives; marinas; and

369

trailer, mobile home, and recreational vehicle parks for which

370

construction is commenced after July 1, 2003. This requirement

371

shall apply regardless of whether the facility is engaged in a

372

timesharing plan. Individual water meters shall not be required:

373

(1) In those portions of a commercial establishment where

374

the floor space dimensions or physical configuration of the

375

units are subject to alteration as evidenced by nonstructural

376

element partition walls, unless the utility determines that

377

adequate provisions can be made to modify the metering to

378

accurately reflect such alterations.

379

(2) For water used in specialized-use housing such as

380

hospitals, nursing homes, living facilities located on the same

381

premises as and operated in conjunction with a nursing home or

382

other health care facility providing at least the same level and

383

types of service as a nursing home, convalescent homes,

384

facilities certified under chapter 651, college dormitories,

385

convents, sorority houses, fraternity houses, motels, hotels,

386

and similar facilities.

387

(3) For separate specifically designated areas for

388

overnight occupancy at trailer, mobile home, and recreational

389

vehicle parks where permanent residency is not established and

390

for marinas where living on board is prohibited by ordinance,

391

deed restriction, or other permanent means.

392

Section 11. Subsection (2) of section 373.1961, Florida

393

Statutes, is amended to read:

394

373.1961 Water production.--

395

(2) The Legislature finds that, due to a combination of

396

factors, vastly increased demands have been placed on natural

397

supplies of fresh water, and that, absent increased development

398

of alternative water supplies, such demands may increase in the

399

future. The Legislature also finds that potential exists in the

400

state for the production of significant quantities of

401

alternative water supplies, including reclaimed water, and that

402

water production includes the development of alternative water

403

supplies, including reclaimed water, for appropriate uses. It is

404

the intent of the Legislature that utilities develop reclaimed

405

water systems, where reclaimed water is the most appropriate

406

alternative water supply option, to deliver reclaimed water to

407

as many users as possible through the most cost-effective means,

408

and to construct reclaimed water system infrastructure to their

409

owned or operated properties and facilities where they have

410

reclamation capability. It is also the intent of the Legislature

411

that the water management districts which levy ad valorem taxes

412

for water management purposes should share a percentage of those

413

tax revenues with water providers and users, including local

414

governments, water, wastewater, and reuse utilities, municipal,

415

industrial, and agricultural water users, and other public and

416

private water users, to be used to supplement other funding

417

sources in the development of alternative water supplies. The

418

Legislature finds that public moneys or services provided to

419

private entities for such uses constitute public purposes which

420

are in the public interest. In order to further the development

421

and use of alternative water supply systems, including reclaimed

422

water systems, the Legislature provides the following:

423

(a) The governing boards of the water management districts

424

where water resource caution areas have been designated shall

425

include in their annual budgets an amount for the development of

426

alternative water supply systems, including reclaimed water

427

systems, pursuant to the requirements of this subsection. Annual

428

funding amounts for the St. Johns River, South Florida, and

429

Southwest Florida Water Management Districts shall be at least

430

$20 million. Funding for alternative water supply systems in the

431

Northwest Florida Water Management District shall be

432

administered by the department using annual state

433

appropriations.Beginning in 1996, such amounts shall be made

434

available to water providers and users no later than December 31

435

of each year, through grants, matching grants, revolving loans,

436

or the use of district lands or facilities pursuant to the

437

requirements of this subsection and guidelines established by

438

the districts. In making grants or loans, funding priority

439

shall be given to projects located within water resource caution

440

areas, projects consistent with regional water supply plans, and

441

projects featuring efficient and effective use of reclaimed

442

water.

443

(b) It is the intent of the Legislature that for each

444

reclaimed water utility, or any other utility, which receives

445

funds pursuant to this subsection, the appropriate rate-setting

446

authorities should develop rate structures for all water,

447

wastewater, and reclaimed water and other alternative water

448

supply utilities in the service area of the funded utility,

449

which accomplish the following:

450

1. Provide meaningful progress toward the development and

451

implementation of alternative water supply systems, including

452

reclaimed water systems;

453

2. Promote the conservation of fresh water withdrawn from

454

natural systems;

455

3. Provide for an appropriate distribution of costs for

456

all water, wastewater, and alternative water supply utilities,

457

including reclaimed water utilities, among all of the users of

458

those utilities; and

459

4. Prohibit rate discrimination within classes of utility

460

users.

461

462

districts for water reuse systems shall include grant or loan

463

conditions that require the following:

464

1. Metering of reclaimed water use for the following

465

activities: residential irrigation, agricultural irrigation,

466

industrial uses, golf course irrigation, landscape irrigation,

467

irrigation of other public access areas, commercial and

468

institutional uses such as toilet flushing, and transfers to

469

other reclaimed water utilities.

470

2. Implementation of reclaimed water rate structures based

471

on actual use of reclaimed water for the types of reuse

472

activities listed in subparagraph 1.

473

3. Implementation of education programs to inform the

474

public about water issues, water conservation, and the

475

importance and proper use of reclaimed water.

476

4. Development of global positioning satellite location

477

data for key reuse facilities.

478

(d)~~(c)~~In order to be eligible for funding pursuant to

479

this subsection, a project must be consistent with a local

480

government comprehensive plan and the governing body of the

481

local government must require all appropriate new facilities

482

within the project's service area to connect to and use the

483

project's alternative water supplies. The appropriate local

484

government must provide written notification to the appropriate

485

district that the proposed project is consistent with the local

486

government comprehensive plan.

487

(e)~~(d)~~Any and all revenues disbursed pursuant to this

488

subsection shall be applied only for the payment of capital or

489

infrastructure costs for the construction of alternative water

490

supply systems that provide alternative water supplies.

491

(f)~~(e)~~By January 1 of each year, the governing boards

492

shall make available written guidelines for the disbursal of

493

revenues pursuant to this subsection. Such guidelines shall

494

include at minimum:

495

1. An application process and a deadline for filing

496

applications annually.

497

2. A process for determining project eligibility pursuant

498

to the requirements of paragraphs (d)~~(c)~~ and (e)~~(d)~~.

499

3. A process and criteria for funding projects pursuant to

500

this subsection that cross district boundaries or that serve

501

more than one district.

502

(g)~~(f)~~The governing board of each water management

503

district shall establish an alternative water supplies grants

504

advisory committee to recommend to the governing board projects

505

for funding pursuant to this subsection. The advisory committee

506

members shall include, but not be limited to, one or more

507

representatives of county, municipal, and investor-owned private

508

utilities, and may include, but not be limited to,

509

representatives of agricultural interests and environmental

510

interests. Each committee member shall represent his or her

511

interest group as a whole and shall not represent any specific

512

entity. The committee shall apply the guidelines and project

513

eligibility criteria established by the governing board in

514

reviewing proposed projects. After one or more hearings to

515

solicit public input on eligible projects, the committee shall

516

rank the eligible projects and shall submit them to the

517

governing board for final funding approval. The advisory

518

committee may submit to the governing board more projects than

519

the available grant money would fund.

520

(h)~~(g)~~All revenues made available annually pursuant to

521

this subsection must be encumbered annually by the governing

522

board if it approves projects sufficient to expend the available

523

revenues. Funds must be disbursed within 36 months after

524

encumbrance.

525

(i)~~(h)~~For purposes of this subsection, alternative water

526

supplies are supplies of water that have been reclaimed after

527

one or more public supply, municipal, industrial, commercial, or

528

agricultural uses, or are supplies of stormwater, or brackish or

529

salt water, that have been treated in accordance with applicable

530

rules and standards sufficient to supply the intended use.

531

(j)~~(i)~~This subsection shall not be subject to the

532

rulemaking requirements of chapter 120.

533

(k)~~(j)~~By January 30 of each year, each water management

534

district shall submit an annual report to the Governor, the

535

President of the Senate, and the Speaker of the House of

536

Representatives which accounts for the disbursal of all budgeted

537

amounts pursuant to this subsection. Such report shall describe

538

all projects funded and shall account separately for moneys

539

provided through grants, matching grants, revolving loans, and

540

the use of district lands or facilities.

541

(l)~~(k)~~The Florida Public Service Commission shall allow

542

entities under its jurisdiction constructing alternative water

543

supply facilities, including but not limited to aquifer storage

544

and recovery wells, to recover the full, prudently incurred cost

545

of such facilities through their rate structure. Every component

546

of an alternative water supply facility constructed by an

547

investor-owned utility shall be recovered in current rates.

548

Section 12. Subsection (9) of section 373.1962, Florida

549

Statutes, is amended to read:

550

373.1962 Regional water supply authorities.--

551

(9) Where a water supply authority exists pursuant to this

552

section or s. 373.1963 under a voluntary interlocal agreement

553

that is consistent with requirements in s. 373.1963(1)(b) and

554

receives or maintains consumptive use permits under this

555

voluntary agreement consistent with the water supply plan, if

556

any, adopted by the governing board, such authority shall be

557

exempt from consideration by the governing board or department

558

of the factors specified in s. 373.223(4)~~(3)~~(a)-(g) and the

559

submissions required by s. 373.229(3). Such exemptions shall

560

apply only to water sources within the jurisdictional areas of

561

such voluntary water supply interlocal agreements.

562

Section 13. Subsection (2) of section 373.217, Florida

563

Statutes, is amended to read:

564

373.217 Superseded laws and regulations.--

565

(2) It is the further intent of the Legislature that Part

566

II of the Florida Water Resources Act of 1972, as amended, as

567

set forth in ss. 373.203-373.249, shall provide the exclusive

568

authority for requiring permits for the consumptive use of water

569

and for authorizing transportation thereof pursuant to s.

570

373.223(3)~~(2)~~.

571

Section 14. Subsection (1) of section 373.219, Florida

572

Statutes, is amended to read:

573

373.219 Permits required.--

574

(1) The governing board or the department may require such

575

permits for consumptive use of water and may impose such

576

reasonable conditions as are necessary to assure that such use

577

is consistent with the overall objectives of the district or

578

department and is not harmful to the water resources of the

579

area. However, no permit shall be required for domestic

580

consumption of water by individual users or consumption or use

581

of domestic wastewater effluent subject to review under s.

582

403.064.

583

Section 15. Section 373.223, Florida Statutes, is amended

584

to read:

585

373.223 Conditions for a permit.--

586

(1) To obtain a permit pursuant to the provisions of this

587

chapter, the applicant must establish that the proposed use of

588

water:

589

(a) Is a reasonable-beneficial use as defined in s.

590

373.019;

591

(b) Will not interfere with any presently existing legal

592

use of water; and

593

594

(2) A proposed use of water by a water utility shall be

595

deemed not to be a reasonable-beneficial use unless:

596

(a) The utility develops and formally adopts water

597

conservation rates or demonstrates either that specific

598

circumstances warrant a delay in implementing such rates or that

599

an alternative rate structure will promote appropriate water use

600

efficiency.

601

(b) The utility has developed and formally adopted drought

602

rates.

603

604

bills shall be issued on a monthly basis unless the utility

605

demonstrates that a longer billing cycle is warranted.

606

Customers� bills shall include the utility�s rate structure,

607

monthly rates, and the amount of water used by the customer in

608

the current month, in the previous month, and in the

609

corresponding month of the previous year. Customers� bills may

610

include the average usage of all customers in that same customer

611

class, seasonal rates and applicable months, drought rates,

612

information on conserving water, or other information as deemed

613

appropriate by the utility. If the public service commission or

614

local government with rate-setting authority find that it is

615

cost-prohibitive for a utility to implement monthly informative

616

billing, the utility shall provide informative billing

617

information to each customer on an annual basis. The annual

618

notice shall include the utility�s rate structure, rates, and a

619

sample bill calculation and may include additional billing

620

information as deemed appropriate by the utility. All utilities

621

shall provide either monthly or annual informative billing

622

information as provided in this paragraph by July 1, 2007. The

623

water management districts shall adopt rules to implement this

624

requirement.

625

(3)~~(2)~~The governing board or the department may authorize

626

the holder of a use permit to transport and use ground or

627

surface water beyond overlying land, across county boundaries,

628

or outside the watershed from which it is taken if the governing

629

board or department determines that such transport and use is

630

consistent with the public interest, and no local government

631

shall adopt or enforce any law, ordinance, rule, regulation, or

632

order to the contrary.

633

(4)~~(3)~~Except for the transport and use of water supplied

634

by the Central and Southern Florida Flood Control Project, and

635

anywhere in the state when the transport and use of water is

636

supplied exclusively for bottled water as defined in s.

637

500.03(1)(d), any water use permit applications pending as of

638

April 1, 1998, with the Northwest Florida Water Management

639

District and self-suppliers of water for which the proposed

640

water source and area of use or application are located on

641

contiguous private properties, when evaluating whether a

642

potential transport and use of ground or surface water across

643

county boundaries is consistent with the public interest,

644

pursuant to paragraph (1)(c), the governing board or department

645

shall consider:

646

(a) The proximity of the proposed water source to the area

647

of use or application.

648

(b) All impoundments, streams, groundwater sources, or

649

watercourses that are geographically closer to the area of use

650

or application than the proposed source, and that are

651

technically and economically feasible for the proposed transport

652

and use.

653

654

to the proposed source, including, but not limited to,

655

desalination, conservation, reuse of nonpotable reclaimed water

656

and stormwater, and aquifer storage and recovery.

657

(d) The potential environmental impacts that may result

658

from the transport and use of water from the proposed source,

659

and the potential environmental impacts that may result from use

660

of the other water sources identified in paragraphs (b) and (c).

661

(e) Whether existing and reasonably anticipated sources of

662

water and conservation efforts are adequate to supply water for

663

existing legal uses and reasonably anticipated future needs of

664

the water supply planning region in which the proposed water

665

source is located.

666

(f) Consultations with local governments affected by the

667

proposed transport and use.

668

(g) The value of the existing capital investment in water-

669

related infrastructure made by the applicant.

670

671

Where districtwide water supply assessments and regional water

672

supply plans have been prepared pursuant to ss. 373.036 and

673

373.0361, the governing board or the department shall use the

674

applicable plans and assessments as the basis for its

675

consideration of the applicable factors in this subsection.

676

(5)~~(4)~~The governing board or the department, by

677

regulation, may reserve from use by permit applicants, water in

678

such locations and quantities, and for such seasons of the year,

679

as in its judgment may be required for the protection of fish

680

and wildlife or the public health and safety. Such reservations

681

shall be subject to periodic review and revision in the light of

682

changed conditions. However, all presently existing legal uses

683

of water shall be protected so long as such use is not contrary

684

to the public interest.

685

(6) Water use rights granted under a permit for the

686

consumptive use of water shall not be sold.

687

Section 16. Section 373.2231, Florida Statutes, is created

688

to read:

689

373.2231 Impact of proposed water use.--In order to ensure

690

that adequate water supply will be available for existing legal

691

uses and reasonably projected future demands without increasing

692

harm to water resources and related natural systems, the

693

district shall consider the potential cumulative impact of any

694

proposed use of water in light of reasonably anticipated future

695

uses based upon the projected demands contained in the

696

applicable regional water supply plan developed pursuant to s.

697

373.0361.

698

Section 17. Subsection (3) of section 373.229, Florida

699

Statutes, is amended to read:

700

373.229 Application for permit.--

701

(3) In addition to the information required in subsection

702

(1), all permit applications filed with the governing board or

703

the department which propose the transport and use of water

704

across county boundaries shall include information pertaining to

705

factors to be considered, pursuant to s. 373.223(4)~~(3)~~, unless

706

exempt under s. 373.1962(9).

707

Section 18. Subsection (4) is added to section 373.236,

708

Florida Statutes, to read:

709

373.236 Duration of permits; compliance reports.--

710

(3) Where necessary to maintain reasonable assurance that

711

the conditions for issuance of a 20-year permit can continue to

712

be met, the governing board or department, in addition to any

713

conditions required pursuant to s. 373.219, may require a

714

compliance report by the permittee every 5 years during the term

715

of a permit. This report shall contain sufficient data to

716

maintain reasonable assurance that the initial conditions for

717

permit issuance are met. Following review of this report, the

718

governing board or the department may modify the permit to

719

ensure that the use meets the conditions for issuance. Permit

720

modifications pursuant to this subsection shall not be subject

721

to competing applications, provided there is no increase in the

722

permitted allocation or permit duration, and no change in

723

source, except for changes in source requested by the district.

724

This subsection shall not be construed to limit the existing

725

authority of the department or the governing board to modify or

726

revoke a consumptive use permit.

727

(4) The department or the water management district shall

728

adopt rules for the issuance of longer duration permits to

729

applicants who implement and provide reasonable assurances of

730

effective and efficient conservation measures that exceed the

731

average for the industry or type of water use and for which

732

there is sufficient data to provide reasonable assurance that

733

the conditions for permit issuance will be met for the duration

734

of the permit. Permits issued pursuant to this subsection shall

735

be subject to the provisions of subsection (3).

736

Section 19. Section 373.4271, Florida Statutes, is created

737

to read:

738

373.4271 Concurrent review of consumptive use permit and

739

environmental resource permit applications.--The department, in

740

consultation with the water management districts, shall adopt

741

rules requiring concurrent application submittal and

742

establishing concurrent review of a consumptive use permit

743

application and an environmental resource permit application for

744

those environmental resource permit applications where a new

745

consumptive use of water may be required. Rules adopted pursuant

746

to this section shall also provide an exemption for applicants

747

who can demonstrate that meeting this requirement would create

748

an economic hardship.

749

Section 20. Subsection (1) of section 378.212, Florida

750

Statutes, is amended to read:

751

378.212 Variances.--

752

(1) Upon application, the secretary may grant a variance

753

from the provisions of this part, part IV, and part IV of

754

chapter 373or the rules adopted pursuant thereto. Variances and

755

renewals thereof may be granted for any one of the following

756

reasons:

757

(a) There is no practicable means known or available to

758

comply with the provisions of this part or the rules adopted

759

pursuant thereto.

760

(b) Compliance with a particular requirement or

761

requirements from which a variance is sought will necessitate

762

the taking of measures which must be spread over a considerable

763

period of time. A variance granted for this reason shall

764

prescribe a timetable for the taking of the measures required.

765

766

hardship, of a kind other than those provided for in paragraphs

767

(a) and (b).

768

(d) To accommodate specific phosphate mining, processing

769

or chemical plant uses that otherwise would be inconsistent with

770

the requirements of this part.

771

(e) To provide for an experimental technique that would

772

advance the knowledge of reclamation and restoration methods.

773

(f) To accommodate projects, including those proposing

774

offsite mitigation, that provide a significant regional benefit

775

for wildlife and the environment.

776

(g) To accommodate reclamation that provides water supply

777

development or water resource development consistent with the

778

applicable regional water supply plan approved pursuant to s.

779

373.0361, provided regional water resources are not adversely

780

affected.

781

Section 21. Subsection (16) is added to section 403.064,

782

Florida Statutes, to read:

783

403.064 Reuse of reclaimed water.--

784

(16) Utilities implementing reuse projects are encouraged

785

to meter use of reclaimed water by all end users and to charge

786

for the use of reclaimed water based on the actual volume used.

787

Metering and the use of volume-based rates are effective water

788

management tools for the following reuse activities: residential

789

irrigation, agricultural irrigation, industrial uses, golf

790

course irrigation, landscape irrigation, irrigation of other

791

public access areas, commercial and institutional uses such as

792

toilet flushing, and transfers to other reclaimed water

793

utilities. Beginning with the submittal due on January 1, 2004,

794

each domestic wastewater utility that provides reclaimed water

795

for the reuse activities listed in this section shall include a

796

summary of its metering and rate structure as part of its annual

797

reuse report to the department. By January 1, 2006, each

798

domestic wastewater utility that provides reclaimed water for

799

the reuse activities listed in this section shall prepare a plan

800

that presents its planned activities and an implementation

801

schedule for metering and the use of volume-based rate

802

structures for reclaimed water use. These plans shall be

803

reviewed and approved by the department.

804

Section 22. Section 403.0645, Florida Statutes, is created

805

to read:

806

403.0645 Reclaimed water use at state facilities.--

807

(1) The encouragement and promotion of reuse of reclaimed

808

water has been established as a state objective in ss. 373.250

809

and 403.064. Reuse has become an integral part of water and

810

wastewater management in Florida, and Florida is recognized as a

811

national leader in water reuse.

812

(2) The state and various state agencies and water

813

management districts should take a leadership role in using

814

reclaimed water in lieu of other water sources. Use of reclaimed

815

water by state agencies and facilities will conserve potable

816

water and will serve an important public education function.

817

(3) All state agencies and water management districts are

818

directed to use reclaimed water to the greatest extent

819

practicable for landscape irrigation, toilet flushing, aesthetic

820

features such as decorative ponds and fountains, cooling water,

821

and other useful purposes allowed by department rules at state

822

facilities, including, but not limited to, parks, rest areas,

823

visitor welcome centers, buildings, college campuses, and other

824

facilities.

825

(4) Each state agency and water management district shall

826

submit to the Secretary of Environmental Protection by February

827

1 of each year a summary of activities designed to utilize

828

reclaimed water at its facilities along with a summary of the

829

amounts of reclaimed water actually used for beneficial

830

purposes.

831

Section 23. Subsection (12) is added to section 403.1835,

832

Florida Statutes, to read:

833

403.1835 Water pollution control financial assistance.--

834

(12)(a) It is the intent of the Legislature that for each

835

reclaimed water utility or any other utility which receives

836

funds pursuant to this subsection, the appropriate rate-setting

837

authorities should develop rate structures for all water,

838

wastewater, and reclaimed water and other alternative water

839

supply utilities in the service area of the funded utility which

840

accomplish the following:

841

1. Provide meaningful progress toward the development and

842

implementation of alternative water supply systems, including

843

reclaimed water systems.

844

2. Promote the conservation of fresh water withdrawn from

845

natural systems.

846

3. Provide for an appropriate distribution of costs for

847

all water, wastewater, and alternative water supply utilities,

848

including reclaimed water utilities, among all of the users of

849

those utilities.

850

4. Prohibit rate discrimination within classes of utility

851

users.

852

(b) Funding assistance provided for water reuse systems

853

shall include loan conditions that require the following:

854

1. Metering of reclaimed water use for the following

855

activities: residential irrigation, agricultural irrigation,

856

industrial uses, golf course irrigation, landscape irrigation,

857

irrigation of other public access areas, and commercial uses.

858

2. Implementation of reclaimed water rate structures based

859

on actual use of reclaimed water for the reuse types listed in

860

subparagraph 1.

861

3. Implementation of education programs to inform the

862

public about water issues, water conservation, and the

863

importance and proper use of reclaimed water.

864

Section 24. This act shall take effect upon becoming a

865

law.

Event	Time	Member	Committee	Version
Amendment 214501 filed timely	04/29/03 12:32 PM	N/A	N/A	c1
Amendment 704415 withdrawn	04/28/03 1:22 PM	N/A	N/A	c1
Amendment 704415 filed timely	04/28/03 11:17 AM	N/A	N/A	c1
Bill added to Second Reading Calendar	04/25/03 3:10 PM	N/A	N/A	N/A
Bill released to House Calendar	04/25/03 3:10 PM	N/A	N/A	N/A
Recommendation: CS by Natural Resources : Pending review of CS under Rule 6.3	04/21/03 9:04 AM	N/A	Natural Resources	N/A
Bill passed referred committee	04/21/03 9:04 AM	N/A	Natural Resources	N/A
Bill reported out of committee meeting	04/21/03 9:04 AM	N/A	Natural Resources	N/A
Bill Removed from Meeting Agenda of Natural Resources	04/09/03 5:24 PM	N/A	Natural Resources	N/A
Bill added to Natural Resources agenda	04/08/03 10:53 AM	N/A	Natural Resources	N/A
Bill added to Natural Resources agenda	04/07/03 2:39 PM	N/A	Natural Resources	N/A
Bill Passed referred committee with amendments	03/27/03 4:57 PM	N/A	Subcommittee on Public Lands & Water Resources	N/A
Bill reported out of committee meeting	03/27/03 4:57 PM	N/A	Subcommittee on Public Lands & Water Resources	N/A
Bill added to Subcommittee on Public Lands & Water Resources agenda	03/24/03 3:40 PM	N/A	Subcommittee on Public Lands & Water Resources	N/A
Bill referred to Natural Resources	03/07/03 4:07 PM	N/A	Natural Resources	N/A
Bill referred to Subcommittee on Public Lands & Water Resources	03/07/03 4:07 PM	N/A	Subcommittee on Public Lands & Water Resources	N/A
1st Reading	03/04/03 10:30 AM	N/A	N/A	N/A
File timely	03/03/03 10:05 AM	Russell	N/A	N/A