Title: Proposed Amendments on RWSP Accountability
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 Material Information
Title: Proposed Amendments on RWSP Accountability
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Proposed Amendments on RWSP Accountability (JDV Box 39)
General Note: Box 29, Folder 3 ( Water Supply Funding & Development - 1997 ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004779
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



STEEL

HECTOR

BDAV I S


Steel Hector & Davis LLP
215 South Monroe, Suite 601
Tallahassee, Florida 32301-1804
904.222.2300
904.222.8410 Fax



Jacob D. Van


MEMORANDUM


VIA HAND DELIVERY


TO:


FROM:

DATE:

RE:


Pete Dunbar

Jake Varn I

April 7, 1997

Water Legislation


Attached is a copy of a memorandum that I sent to Terry Pride in the
Governor's office. Terry drafted an amendment creating a five-year water
resources development work program. As proposed by Terry, her process was
separate and distinct from the district's budgeting process. My amendments
integrate these two processes into the districts' budgeting process. This seems
reasonable and logical.

In addition, attached is some proposed language that would require the
water management districts to be responsible for paying permittees one-half the
cost of replacing water lost in the MFL process. There are several items in this
proposal that need to be discussed. The attached is a beginning point and
probably needs considerable thought and revision.

JDV:dgb
Attachment


TAL/19603-1


Miami
305.577.7000
305.577.7001 Fax


West Palm Beach
561.650.7200
561.655.1509 Fax


Key West
305.292.7272
305.292.7271 Fax


Caracas
582.951.4105
582.951.4106 Fax







S T E E L I Steel Hector & Davis LLP
215 South Monroe, Suite 601
H E CTOR Tallahassee, Florida 32301-1804
904.222.2300
D A V I S 904.222.8410 Fax


Jacob 0. Vain


MEMORANDUM


TO: Terry Pride

FROM: Jake Varn -J,

DATE: April 7, 1997

RE: Proposed Amendments on RWSP Accountability

We have two concerns with your proposed amendments. Both concerns
arise because of your proposed timetable. First, the timetable needs to be
consistent with the water management district's timetable for adopting their
budgets. Second, this process should be made part of the existing budget review
process. This will eliminate duplicative and unneeded processes. As proposed,
you will have another review process and it will be inconsistent with the district
budget adoption process.

As to the timetable, the proposed 5-year water resources development work
program should be part of each district's budget and should appear first in a
district's tentative budget, which is prepared by July 15 of each year.
Accordingly, we would revise the first line of your proposed s. 373.0361(4Xa) to
read as follows:

"(4)(a) By July 15, 1998, and annually thereafter, and as part of each
district's tentative budget, the governing board shall"

Also we would add the following sentence to s. 373.0361(4)(a): "The work
program may be incorporated into the district's 5-year capital improvements
plan."


Miami West Palm Beach Key West Caracas
305.577.7000 561.650.7200 305.292.7272 582.951.4105
305 577.7001 Fax 561.655.1509 Fax 305.292.7271 Fax 582.951.4106 Fax








MEMORANDUM
April 7, 1997
Page Two


We would also recommend the following revisions. In the third line of s.
373.0361(4)(b)1., delete "60" and insert "45". The first line ofs. 373.0361(4)(b)3.
Should be revised to read as follows: "3. In adopting its final budget, the
governing board shall"

With the foregoing revisions, we have integrated the water resource
development program into the new budget review process. Please review these
proposed revisions. If you have any questions or comments, please call.


JDV:dgb





W TALLAHASSEE 04/04/97 10:f


RWSP ACCOUNTABILITY PROVISIONS

DRAFT PROPOSAL

1. After the district-wide assessment, the governing board determines with respect
to each planning region whether a RWSP is needed.
a. Decision to do RWSP is not challengeable.
b. Decision not to do RWSP is challengeable.

2. Specified portions of RWSP to be adopted by order. Possible standard of review
for challenges.

3. a. Five-year strategic implementation plan (SIP) for water resources
development component of RWSP, with annual updates. Includes capital
improvements element.
b. SIP is reviewed by Governor's Office as part of budget oversight function,
with assistance of DEP as necessary. Review is for:
(1) Consistency with and furtherance of RWSP.
(2) Adequacy of expenditures for water resource development.
c. Comments back to governing board, with response from governing board
as to actions to be taken or rationale for not taking actions.
d. Review, with comments and responses, is provided to the Legislature.

Related Issue: How does/should this process relate to the two new reports
required in the CS (see language below)? Should one or both of
those provisions be revised to reflect this process or be combined
with this process into one or two, instead of three?

Beginning November 15, 1997, and annually thereafter, the department
shall submit to the Governor and the Legislature a report on the status of
regional water supply planning in each district. This report shall include a
compilation of the estimated costs of and potential sources of funding for
water resource development and water supply development projects, as
identified in the water management district regional water supply plans.


Beginning on January 1, 1998, and each January 1 thereafter, each water
management district shall report to the Governor and the Legislature on
the progress it has made in implementing water resource development.
The report must address, at a minimum, all of the elements in the water
resource development component described in s. 373.0361.


10 9044870088


JL&
JM f 1J.A6





GOV OFF. OF ENV. AFF. TEL:


__ __ _I__


FAX


IDATI I ..._____.__. I
DATE: Lu- r7
Number of p Including over sheet
I I


Phone:
Fax Phone:


REMARKS: 0 Urgent 0 For Your Review 0 Reply ASAP D Please Comment


J04-922-6200


_ __ __~ __


- ----. --


Fmm'


Apr 03,97 16:02 No.013 P.01





Executive Office of the Governor
Office of Planning and Budgeting
The Capitol, Room 1501
Tallahasee, Florida 32399-0001


,nPLV U






TEL:i J04-922-6200 Apr 03.97


Proposed Amendments on RWSP Accountability
Drafted to PCs/HBs 715, 1249, 1321, and 1339


On page 17, line 3,

insert after the period:

A determination by the goveming board that initiation of a regional water suoolv plan for
a specific planning region is not needed pursuant to this section is a final agency action.
challengeable under chapter 120. The governing board shall re-evaluate such a
determination at least once every five years and shall initiate a regional water supply
plan. If needed. pursuant to this subsection.



On page 17, line 25,

insert before the period:

that meet the criteria In s. 373.0831(4)



On page 18 line 27 through page 19, line 12,
Strike all of said lines,

and insert:

(3) The goveming board shall adopt by order. in accordance with chanter 120.
those portions of each regional water supply plan which affect third parties.
(4)(a) By October 1. 1998. and annually thereafter, the aovemina board shall
Dreoare and submit to the Office of the Governor and the department a proposed five-
year water resource development work program. which includes an implementation
strateav for the water resource development component of each completed regional
water supply plan developed or revised pursuant to this section. The work program
shall address all the elements of the water resource development component in the
district's completed realonal water supply plans. Prior to governing board acceptance
and submittal of the proonsed work program. the district shall hold a district-wide public


GOV OFF. OF ENV. AFF.


-------~--


16:02 No.013 P.02





'GOV OFF. OF ENV. AFF. TEL:i 04-922-6200 Alpr 03.97 16:02 No.013 P.03





meeting to receive public comment on the proposed work program, living at least 14
days notice in a newspaper of general circulation within the district
(b)1. The Office of the Govemor and the department shall lointiv review each
district's aroused work program and shall prepare written comments to submit to the
overming board in a single review document, within 60 days of receiving it. The review
shall include an evaluation of the proposed work program as to its consistency with and
furtherance of the district's completed regional water supply plans. and adfauacV of
proposed expenditures pursuant to s. 373.536(5(a., for water resource development.
2. Prior to oreoaratlon of the work program review documents. the department
shall conduct a statewide public meeting. giving at least 14 days notice in the Florida
Administrative Weekly and in a newspaper of general circulation In each water
management district, to receive public comment on all of the districts' proposed work
programs.
3. The governing board shall, within 60 days of recent of the review document.
either incomorate any recommended changes Into the work program or state in writing.
with specificity. the reasons for not incorporating the changes.
4. The Office of the Governor and the department shall revise each review
document, as necessary, to reflect the governing board's response and shall transmit
each districts final work program and the related final review document to the
Legislature.
5. Nothing in this subsection shall be considered final agency action or shall be
otherwise challengeable under chapter 120.
(5) Beginning November 15. 1997. and annually thereafter. the department
shall submit to the Governor and the Legislature a report on the status of regional water
supply planning in each district. The report shall Include:
(a) A compilation of the estimated oosts of and potential sources of funding for
water resource development and water supply development projects. as identified in the
water management district regional water sunoly plans.
(b) The progress of each district In Implementina water resource development.
including the district's ororeass in carrying out its fivevear water resource development
work program.


On page 36, lines 6-10,


Strike all of said lines.







STEEL

HECTOR

EDAVIS


Steel Hector & Davis LLP
215 South Monroe, Suite 601
Tallahassee, Florida 32301-1804
904.222.2300
904.222.8410 Fax



Jacob 0. Varn


MEMORANDUM


TO:


FROM:

DATE:

RE:


Terry Pride

Jake Varn ,J0

April 7, 1997

Proposed Amendments on RWSP Accountability


We have two concerns with your proposed amendments. Both concerns
arise because of your proposed timetable. First, the timetable needs to be
consistent with the water management district's timetable for adopting their
budgets. Second, this process should be made part of the existing budget review
process. This will eliminate duplicative and unneeded processes. As proposed,
you will have another review process and it will be inconsistent with the district
budget adoption process.

As to the timetable, the proposed 5-year water resources development work
program should be part of each district's budget and should appear first in a
district's tentative budget, which is prepared by July 15 of each year.
Accordingly, we would revise the first line of your proposed s. 373.0361(4)(a) to
read as follows:

"(4)(a) By July 15, 1998, and annually thereafter, and as part of each
district's tentative budget, the governing board shall"

Also we would add the following sentence to s. 373.0361(4)(a): "The work
program may be incorporated into the district's 5-year capital improvements
plan."


Miami
305.577.7000
305.577.7001 Fax


West Palm Beach
561.650.7200
561.655.1509 Fax


Key West
305.292.7272
305.292.7271 Fax


Caracas
582 951.4105
582.951.4106 Fax








MEMORANDUM
April 7, 1997
Page Two


We would also recommend the following revisions. In the third line of s.
373.0361(4)(b)1., delete "60" and insert "45". The first line ofs. 373.0361(4)(b)3.
Should be revised to read as follows: "3. In adopting its final budget, the
governing board shall"

With the foregoing revisions, we have integrated the water resource
development program into the new budget review process. Please review these
proposed revisions. If you have any questions or comments, please call.


JDV:dgb






GOV OFF. OF ENV. AFF. TEL:1-904-922-6200


Proposed Amendments on RWSP Accountability
Drafted to PCs/HBs715, 1249, 1321, and 1339


On page 17, line 3,

insert after the period:

A determination by the governlog board that initiation of a regional water sutoolv lan for
a spedfic planning region is not needed pursuant to this section Is a final agency action.
challenoeable under chatter 120. The goveming board shall re-evaluate such a
determination at least once every fve years and shall Initiate a regional water supoly
plan. If needed. pursuant to this subsection.


On page 17, line 26,

Insert before the period:

that meet the criteria in s. 373.0831 (4


On page 18 line 27 through page 19, line 12,
Strike all of said lines,


Ar On~y 4~


Jul, IS avid Wf\ 5 r
and insert: -vi+0tve bk cu1

(3) The gove ng board shall adopt by order, in acrdance with chapter 120.
those portions of ea regional water supply plan which af third nafties.
(4)1(a) By b@. 1998. and annually thereafter. the governing board shall
nreoare and submit to the Office of the Govemrnor and the department a proposed five-
year water resource development work program. which includes an implementation
strategy for the water resource development component of each completed regional
water supply plan developed or revised pursuant to this section. The work program
shall address all the elements of the water resource development component In the
district's completed regional water supply plans. Prior to goveming board acceptance
and submittal of the proposed work oroaram. the district shall hold a district-wide oubltc


aCkC1 ~AI'3Y)cS'
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16:02 No.013 P.02


Apr 03,97




GOV OFF. OF ENV. AFF TEL:I 04-922-6200


Apr 03.97 16:02 No.013 P.03
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meetnl to receive public comment on i posed workproramn giving at least 14
days notice in a newspaper of general dciJlafton within the district.
(b4. The Office of the Governor and he department shall rointy review each
district's p imposed work program and shall preoae wen. comments to submit to the
govemin board in a sigle review document. with J.la of reivina it. The review
shall include an evaluation of the proposed work progmm as to its consistency with and
furtherance of the district's completed renonal watered faly plan. and adeouaoy of
roosed expenditures pursuant to s. 373.536(5Va). for water resource development.
2. Prior to preparation of the work program rview documents the department
shall conduct a statewide public meeting. giving at least 14 days notice in the Florida
Administratbie Weekly and in a newspaper of general circuton n each water
managementin e district, to rceve public omm on all of th districts rosed wo
programs. Iv odiophA 0e -Afi al budclet
3 .A-hae avemina board shaU,


4. The Office of the Goveimor and the dfrtanent shagl revise each review
document, as necessary to reflect the governing board's rsoonre and shall transmit
each district s final work Dproram and the related final review document to the
Legislature.
5. Nothing in this subsection shall be considered final agency action or shall be
otherwise challengeable under chaser 120.
(5) Beainning November 15. 1997. and annuMally thereafter, the department
shall submit to the Governor and the LeUislature a report on the status of regional water
suDDly planning in each district. The reMort shall indude:
(a) A compilation of the estimated costs of and potential sources of funding for
water resource development and water supply development projects. as identified in the
water management district regional water suooly plans.
(b) The progress of each district In implementing water resource development.
indudina the district's oroaress in carrying out its five-year water resource development
work program.


On page 36, lines 5-10,

Strike all of said lines.








Notwithstanding any provision herein to the contrary, when a district
reduces the amount of water a permitted may use, based on the permitted's actual
annual water usage for the highest three of the last five years, as a result of the
implementation of minimum flows or levels, the district shall be responsible for
reimbursing the permitted for one-half of the reasonable cost of the replacement of
the quantity of water that is the difference between the said annual water usage
and the new permitted usage. Said amount shall be paid or otherwise made
available to the permitted prior to the implementation of the minimum flow or
level. The permitted shall notify the district of its intent to replace said quantity of
water within three months of the district's final agency action ordering the
reduction. Permittee's failure to notify of its intent to replace said quantity of
water shall relieve and release the district of its obligation to reimburse the
permitted for one-half of the reasonable cost imposed by this provision.

TAL/19600-1




G I
GO V


Executive Office of the Governor
Office of Planning and Budgeting
The Capitol, Room 1501
Tallahassee, Florida 32399-0001


.FAX


To: 4K /A

Phone:
Fax Phone: .2 2-'t{ --


DATE:
Number of pages including cover sheet ..Z
7 -- ~ ~ ~ -- lll II


Pr^. -7-t Pft-
Fnm*

Phone: $55
Fax Phone:


REMARKS: 0 Urgent 0 For Your Review 0 Reply ASAP 0 Please Comment


At--'5a V-1

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4W1x .1-4

AdULI.


-&-'A
D/iU


_____ I_


Mar 26,9" 15:49 No.011 P.01


OFF. OF ENV. AFF.


TEL 904-922-6200


c~d


o'ov"





GOV OFF. OF ENV. AFF. TEL' 904-922-6200


Proposed language to replace amendment #34 by Laurent:




(3) Ai' art of the regional water supply plan. the goveming board shall adont by rule or

order a five-year list of water resource development projects and a proposed five.year schedule

and funding strategy for project development. The overning board shall also adopt by rule or

order those portions ofthe plan which are required to be adopted by rule or order in accordance

with chapter 120.


Mar 26,. 15:49 No.011 P.02




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