Title: Draft Water Legislation of 12/30/96
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 Material Information
Title: Draft Water Legislation of 12/30/96
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Draft Water Legislation of 12/30/96 (JDV Box 39)
General Note: Box 29, Folder 6 ( Water Supply Coalition - 1996 ), Item 19
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004897
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







JAMES S. ALVES
BRIAN H. BIBEAU
KATHLEEN BLIZZARD
ELIZABETH C. BOWMAN
RICHARD S. BRIGHTMAN
PETER C. CUNNINGHAM
RALPH A. DEMEO
THOMAS M. DrROSE
WILLIAM H. GREEN
WADE L. HOPPING
FRANK E. MATTHEWS
RICHARD D. MELSON
MICHAEL P. PETROVICH
DAVID L. POWELL
WILLIAM D. PRESTON
CAROLYN S. RAEPPLE
DOUGLAS S. ROBERTS
GARY P. SAMS
ROBERT P. SMITH
CHERYL G. STUART


HOPPING GREEN SAMS & SMITH
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS
123 SOUTH CALHOUN STREET
POST OFFICE BOX 6526
TALLAHASSEE, FLORIDA 32314
(904) 222-7500
FAX (904) 224-8551
FAX (904) 425-3415






MEMORANDUM


GARY K. HUNTER, JR.
JONATHAN T. JOHNSON
ROBERT A. MANNING
ANGELA R. MORRISON
GARY V. PERKO
KAREN M. PETERSON
R. SCOTT RUTH
W. STEVE SYKES
T. KENT WETHERELL, II
OF COUNSEL
W. ROBERT FOKES




RECEIVED


DEC 11996

Carton Fields Tallahassee
.J~"h O. Virn


Water Supply Coalition


Frank Matthews \ j


Draft Water Legislation


December 30, 1996


I have attached a "draft" version of our compiled water legislation efforts. Please note
the state lands sections are missing. If you have any questions, I will be back in the office on
January 6, 1997.


Have a Happy New Year!
















/kkm
Attachment


TO:


FROM:


RE:


DATE:














DRAFT 12/30/96

1 Section 1. Paragraph (n) of subsection (2) of section 186.009, Florida Statutes,

2 is amended to read:

3 186.009 Growth management portion of the state comprehensive plan.-

4 (2) The growth management portion of the state comprehensive plan shall:

5 (n) Set forth recommendations on how to integrate the-state-water-use-plan

6 .required-by-s-3-7.036; the state land development plan required by s. 380.031(17)7 and

7 transportation plans required by chapter 339.

8

9 The growth management portion of the state comprehensive plan shall not include a land

10 use map.

11 Section 2. Subsection (8) of section 187.201, Florida Statutes, is amended to

12 read:

13 187.201 State Comprehensive Plan adopted.-The Legislature hereby adopts as

14 the State Comprehensive Plan the following specific goals and policies:

15 (8) WATER RESOURCES.-

16 (a) Goal.-Florida shall assure the availability of an adequate supply of

17 water for all competing uses that are considered to be deemed reasonable and beneficial

18 and shall maintain the functions of natural systems and the overall present level of surface

19 and ground water quality. Florida shall improve and restore the quality of waters not

20 presently meeting water quality standards.

21 (b) Policies.-The water resource policies must be those contained in s.

22 373.016

23 .----EBasue-the-safety-and-quality--drina g-water-supplie-nd-promote4he

24 development-of-mverse-osmosisd-desalizatio-teehnlegies-fo-develeping-wate

25 supplies.

1


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DRAFT 12/30/96

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DRAFT 12/30/96

1 1-37----detify-and-develep-alternativeretheds-e-,wastewater treatment-

2 dispesal-.ad-iu se-eo-wasteweter-t-redce-degmrdatien-e water-resourees-

3 147---Reserve-fRom-use-that-water-aeeessarto-suppo-essential

4 nonwitbdmwaldeands--inedng-oavigativt,--eeretieof,-ad-t4he-prteetion-f-fisland

5 wildlife-

6 Section 3. Subsection (8) of Section 367.022, Florida Statutes, is amended to

7 read:

8 367.022 Exemptions.--The following are not subject to regulation by the

9 commission as a utility nor are they subject to the provisions of this chapter, except as

10 expressly provided:

11 (8) Any person who resells water or wastewater service at a rate or charge

12 which does not exceed the actual purchase price thereofr-if-sueh-person-fles-at-least

13 annuatly-witthe-eommissioB-a-4ist-ota- ges-aed-fates-fo-a-water-sevie-sel,he

14 soure4nd-aectal-purehase-hereofrad-any-ther-ifeo naatieequird-by-the-eemmissio

15 te-justifyhe-exemption; but suh pe is-subjeet-tthe-povisio-of--3674-22-

16 Section 4. Paragraph (a) of Subsection (4) of Section 367.071, Florida

17 Statutes, is amended to read:

18 367.071 Sale, assignment, or transfer of certificate of authorization, facilities,

19 or control.-

20 (4) An application shall be disposed of as provided in s. 367.045, except

21 that:

22 (a) The sale of facilities, in whole or part, to a governmental authority orto

23 an exempt entity pursuant to Section 367.022m shall be approved as a matter of right;

24 however, the acquiring entity govenmental-authority shall, prior to taking any official

25 action, obtain from the utility or commission with respect to the facilities to be sold the


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DRAFT 12/30/96

1 most recent available income and expense statement, balance sheet, and statement of rate

2 base for regulatory purposes and contributions-in-aid-of-construction. Any request for

3 rate relief pending before the commission at the time of sale is deemed to have been

4 withdrawn. Interim rates, if previously approved by the commission, must be

5 discontinued, and any money collected pursuant to interim rate relief must be refunded to

6 the customers of the utility with interest.

7 Section 5. Paragraph (b) of Subsection (4) of Section 367.081, Florida

8 Statutes, is amended to read:

9 367.081 Rates; procedure for fixing and changing.-

10 (4)(b) The approved rates of any utility which receives all or any portion of its

11 utility service from a governmental authority or from a water or wastewater utility

12 regulated by the commission and which redistributes that service to its utility customers

13 shall be automatically increased or decreased without hearing, upon verified notice to the

14 commission 45 days prior to its implementation of the increase or decrease that the rates

15 charged by the governmental authority or other utility have changed. The approved rates

16 of any utility which is subject to an increase or decrease in the.rates or fees that it is

17 charged for electric power, the amount of ad valorem taxes assessed against its used and

18 useful property, the fees charged by the Department of Environmental Protection in

19 connection with the National Pollutant Discharge Elimination System Program, or the

20 regulatory assessment fees imposed upon it by the commission shall be increased or

21 decreased by the utility, without action by the commission, upon verified notice to the

22 commission 45 days prior to its implementation of the increase or decrease that the rates

23 charged by the supplier of the electric power or the taxes imposed by the governmental

24 authority, or the regulatory assessment fees imposed upon it by the commission have

25 changed. The new rates authorized shall reflect the amount of the change of the ad


4


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DRAFT 12/30/96

1 valorem taxes or rates imposed upon the utility by the governmental authority, other

2 utility, or supplier of electric power, or the regulatory assessment fees imposed upon it

3 by the commission. The approved rates of any utility shall be automatically increased,

4 without hearing, upon verified notice to the commission 45 days prior to implementation

5 of the increase that costs have been incurred for water quality or wastewater quality

6 testing required by the Department of Environmental Protection. The new rates

7 authorized shall reflect, on an amortized basis, the cost of, or the amount of change in

8 the cost of, required water quality or wastewater quality testing performed by laboratories

9 approved by the Department of Environmental Protection for that purpose. The new

10 rates, however, shall not reflect the costs of any required water quality or wastewater

11 quality testing already included in a utility's rates. A utility may not use this procedure to

12 increase its rates as a result of water quality or wastewater quality testing or an increase

13 in the cost of purchased water services, sewer services, or electric power or in assessed

14 ad valorem taxes, which increase was initiated more than 12 months before the filing by

15 the utility. The provisions of this subsection do not prevent a utility from seeking a

16 change in rates pursuant to the provisions of subsection (2). In the case of a decrease in

17 any of the expenses identified in this subsection. a utility is required to file with this

18 commission within 30 days of the effective date of the decrease either,

19 L an application to pass through the decrease in expense: or

20 a request that the decrease not be passed through to rates. Such request

21 shall contain supporting documentation as set forth by rule indicating that the utility will

22 not exceed the range of its last authorized rate of return if the decrease is not

23 implemented. For purposes of this subsection. if such a request is made. the 45 days

24 time periodd for implementation of the decrease as required by s. 367.081(4)(b) shall be



5


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DRAFT 12/30/96

1 deemed waived. The effective date of the decrease. if required. shall be determined by

2 the commission.

3 Section 6. Section 367.0814, Florida Statutes, is amended to read:

4 367.0814 Rates and charges; requests for staff assistance in changing.-

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

6 utility whose gross annual revenues are $150,000 or less may request and obtain staff

7 assistance for the purpose of changing its rates and charges. A utility may request staff

8 assistance by filing an application with the commission.

9 (2) The official date of filing is established as 30 days after official

10 acceptance by the commission of the application. If a utility does not remit a fee, as

11 provided by s. 367.145, within 30 days after acceptance, the commission may deny the

12 application. The commission has 15 months after the official date of filing within which

13 to issue a final order.

14 (3) The provisions of s. 367.081(1), (2)(a), and (3) shall apply in

15 determining the utility's rates and charges.

16 (4) The commission may. upon its own motion, or upon petition from the

17 regulated utility, authorize the collection of interim rates until the effective date of the

18 final order. Such interim rates may be based upon a test period different from the test

19 period used in the request for permanent rate relief. To establish interim relief. there

20 must be a demonstration that the operating expenses exceed the revenues of the regulated

21 utility, or that the regulated utility is earning outside the range of reasonableness on rate

22 of return calculated in accordance with s. 367.082(5).

23 51 The commission may require that the difference between the interim

24 rates and the previously authorized rates be collected under bond. escrow. letter of credit.



6


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DRAFT 12/30/96

1 or corporate undertaking subject to refund with interest at a rate ordered by the

2 commission.

3 (4)&6 The utility, in requesting staff assistance, shall agree to accept the final

4 rates and charges approved by the commission unless the final rates and charges produce

5 less revenue than the existing rates and charges.

6 (5)1 In the event of a protest or appeal by a party other than the utility, the

7 commission may provide for temporary rates subject to refund with interest.

8 (6)1 If a utility becomes exempt from commission regulation or jurisdiction

9 during the pendency of a staff-assisted rate case, the request for rate relief is deemed to

10 have been withdrawn. Temporary rates, if previously approved, must be discontinued,

11 and any money collected pursuant to the temporary rates must be refunded to the

12 customers of the utility with interest.

13 (2}) The commission may by rule establish standards and procedures

14 whereby rates and charges of small utilities may be set using criteria other than those set

15 forth in s. 367.081(1), (2)(a), and (3).

16 Section 7. Section 367.082, Florida Statutes, is amended to read:

17 367.082 Interim rates; procedure.-

18 (1) The commission may, during any proceeding for a change of rates, upon

19 its own motion, upon petition from any party, or by a tariff filing of a utility or a

20 regulated company, authorize the collection of interim rates until the effective date of the

21 final order. Such interim rates may be based upon a test period different from the test

22 period used in the request for permanent rate relief. Upe~-applieatie-by-a-utility;-the

23 eofmissioy-my e-tshe-ojeeted4est-year-mrateas&-when-detemiaing-the-te

24 o-revenues-subjeet-to-refund. To establish a prima facie entitlement for interim relief, the

25 commission, the petitioning party, the utility, or the regulated company shall demonstrate


7


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DRAFT 12/30/96

1 that the utility or the regulated company is earning outside the range of reasonableness on

2 rate of return calculated in accordance with subsection (5).

3 (2)(a) In a proceeding for an interim increase in rates, the commission shall

4 authorize, within 60 days of the filing for such relief, the collection of rates sufficient to

5 earn the minimum of the range of rate of return calculated in accordance with

6 subparagraph (5)b)2. The difference between the interim rates and the previously

7 authorized rates shall be collected under bond, escrow, letter of credit, or corporate

8 undertaking subject to refund with interest at a rate ordered by the commission.

9 (b) In a proceeding for an interim decrease in rates, the commission shall

10 authorize, within 60 days of the filing for such relief, the continued collection of the

11 previously authorized rates; however, revenues collected under those rates sufficient to

12 reduce the achieved rate of return to the maximum of the rate of return calculated in

13 accordance with subsection (5) shall be placed under bond, escrow, letter of credit, or

14 corporate undertaking subject to refund with interest at a rate ordered by the commission.

15 (c) The commission shall determine whether escrow, letter of credit, or

16 corporate undertaking may be filed in lieu of the bond.

17 (3) In granting such relief, the commission may, in an expedited hearing but

18 within 60 days of the commencement of the proceeding, upon petition or upon its own

19 motion, preclude the recovery of any extraordinary or imprudently incurred expenditures

20 or, for good cause shown, increase the amount of the bond, escrow, letter of credit, or

21 corporate undertaking.

22 (4) Any refund ordered by the commission shall be calculated to reduce the

23 rate of return of the utility or regulated company during the pendency of the proceeding

24 to the same level within the range of the newly authorized rate of return which is found

25 fair and reasonable on a prospective basis, but the refund shall not be in excess of the


8


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DRAFT 12/30/96

1 amount of the revenues collected subject to refund and in accordance with paragraph

2 (2)(b). In addition, the commission may require interest on the refund at a rate

3 established by the commission.

4 (5)(a) In setting interim rates or setting revenues subject to refund, the

5 commission shall determine the revenue deficiency or excess by calculating the difference

6 between the achieved rate of return of a utility or regulated company and its required rate

7 of return applied to an average investment rate base or an end-of-period investment rate

8 base. If an end-of-period investment rate base is used. end-of-period adjustments shall

9 also be made to associated expenses, revenues, and cost of capital.

10 (b) For purposes of this subsection:

11 1. "Achieved rate of return" means the rate of return earned by the

12 company for the most recent 12-month period. The achieved rate of return shall be

13 calculated by applying appropriate adjustments consistent with those which were used in

14 the most recent individual rate proceeding of the utility or regulated company and

15 annualizing any rate changes occurring during or subsequent to such period.

16 2. "Required rate of return" shall be calculated as the weighted average

17 cost of capital for the most recent average period or end-of-period used in accordance

18 with pagrgraph (5)(a) 12-month-period, using the last authorized rate of return on equity

19 of the utility or regulated company, the current embedded cost of fixed-rate capital, the

20 actual cost of short-term debt, the actual cost of variable-cost debt, and the actual cost of

21 other sources of capital which were used in the last individual rate proceeding of the

22 utility or regulated company.

23 3. In a proceeding for an interim increase, the term "last authorized rate of return

24 on equity" used in subparagraph 2. means the minimum of the range of the last

25 authorized rate of return on equity established in the most recent individual rate


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DRAFT 12/30/96

1 proceeding of the utility or regulated company. In a proceeding for an interim decrease,

2 the term "last authorized rate of return on equity" used in subparagraph 2. means the

3 maximum of the range of the last authorized rate of return on equity established in the

4 most recent individual rate proceeding of the utility or regulated company. The last

5 authorized return on equity for purposes of this subsection shall be established only: in

6 the most recent rate case of the utility; in a limited scope proceeding for the individual

7 utility; by voluntary stipulation of the utility approved by the commission; or pursuant to

8 s. 367.081(4)(f).

9 (6) Nothing in this section shall be construed to prohibit the commission

10 from authorizing interim rates for a utility which does not have an authorized rate of

11 return previously established by the commission.

12 (7) If a utility becomes exempt from commission regulation orjurisdietion

13 during the pendency of a rate case, the request for rate relief pending before the

14 commission is deemed to have been withdrawn. Interim rates, if previously approved,

15 must be discontinued, and any money collected pursuant to interim rate relief must be

16 refunded to the customers of the utility with interest.

17 Section 8. Section 367.145, Florida Statutes, is amended to read:

18 367.145 Regulatory assessment and application fees.-

19 (1) The commission shall set by rule a regulatory assessment fee that each

20 utility must pay once a year in conjunction with filing its annual financial report required

21 by commission rule. Notwithstanding any provision of law to the contrary, the amount of

22 the regulatory assessment fee shall not exceed 4.5 percent of the gross revenues of the

23 utility derived from intrastate business, excluding sales for resale made to a regulated

24 company.




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DRAFT 12/30/96

1 (a) A utility shall continue to be liable for regulatory assessment fees when

2 it becomes subject to jurisdiction by a county until all cases then pending before the

3 commission are completed. However, in no event shall a utility be responsible for

4 regulatory assessment fees beyond twelve months from the date jurisdiction is transferred

5 to the county.

6 (a) ) A governmental authority to which ownership or control of a utility is

7 transferred is not liable for any fees owed the commission by the utility as of the date of

8 transfer. However, whenever a purchase at wholesale is made of any water or

9 wastewater service and a fee is paid or payable thereon by the selling utility and the

10 utility purchasing such water or wastewater service resells the same directly to customers,

11 the purchasing utility is entitled to, and must receive, credit on such fees as may be due

12 by it under this section to the extent of the fee paid or payable upon such water or

13 wastewater service by the utility from which such purchase was made. All such fee

14 payments and penalties must be deposited in accordance with s. 350.113.

15 (b)(c) In addition to the penalties and interest otherwise provided, the

16 commission may impose a penalty upon a utility for failure to pay .regulatory assessment

17 fees in a timely manner in accordance with s. 367.161.

18 (2) Each utility shall pay an application fee, established by the commission,

19 for an original certificate of authorization; an amendment to an existing certificate of

20 authorization; a request for rate relief in accordance with s. 367.081-er.. 367.0814ior

21 367.0817; a proceeding pursuant to s. 367.0822; service availability charges filed in

22 accordance with s. 367.101; and when this chapter becomes applicable to a county in

23 accordance with s. 367.171. In a proceeding pursuant to s. 367.0814. the commission

24 may authorize a payment plan for the application fee. which fee must be paid in full

25 before final rates or charges are approved by the commission. The payment plan shall be

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DRAFT 12/30/96

1 contingent upon the final approval of the State of Florida Department of Banking and

2 Finance. For utilities under receivership, the application fee shall be waived. The

3 amount of the application fee determined by the commission may not exceed $4,500 and

4 must be based upon the existing or proposed capacity of the system, extension, or

5 deletion. All such fee payments must be deposited in accordance with s. 350.113.

6 Section 9. Section 367.165, Florida Statutes, is amended to read:

7 367.165 Abandonment.--

8 It is the intent of the Legislature that water or wastewater service to the

9 customers of a utility not be interrupted by the abandonment or placement into

10 receivership of the utility. To that end:

11 11 For purposes of this section. utility operator shall mean any person.

12 lessee. trustee, or receiver owning, operating. managing. or controlling a utility.

13 (12) No-per~se,-sso,-4stee-reeivef-owning-opetiLng,-mangg-

14 eotrding-a-eility-hl-abanden-the-tiity-withugiving-60ay -etie 4oheemy

15 o "-"tiesi-whie thetlty s-oeated-and-tohe-eommission- The utility operator

16 shall give 90 days' written notice to the county or counties in which the utility is located.

17 the Department of Environmental Protection and its delegated local program pursuant to

18 s. 403.182. if applicable. the water management district. and the commission of his intent

19 to abandon the utility. Anyone who violates the provisions of this subsection is guilty of

20 a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

21 Each day of such abandonment constitutes a separate offense. In addition, such act is a

22 violation of this chapter, and the commission may impose upon the utility a penalty for

23 each such offense of not more than $5,000 or may amend, suspend, or revoke its

24 certificate of authorization; each day of such abandonment without prior notice constitutes

25 a separate offense.

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DRAFT 12/30/96

1 () The Legislature finds that the public interest requires a utility to have

2 ownership of utility facilities and ownership or continued use of the land upon which the

3 utility is located. If the land upon which the utility's facilities are located is not in the

4 name of the utility, it shall be the responsibility of the operator of the abandoning utility

5 to provide for the long-term. continued use of the land by the subsequent utility operators

6 at reasonable terms. In accordance with the public interest, upon notice. abandonment

7 shall result in the relinquishment of anyrights to utility property. real and personal. If

8 the utility operator abandons either the real or personal property of the utility. such

9 abandonment shall constitute abandonment of all the real and personal property and any

10 interests thereto.

11 (2)(4 After receiving such notice, the county, or counties acting jointly if

12 more than one county is affected, shall petition the circuit court of the judicial circuit in

13 which such utility is domiciled to appoint a receiver, which may be the governing body of

14 a political subdivision or any other person deemed appropriate. The receiver shall

15 operate the utility from the date of abandonment until such time as the receiver disposes

16 of the property of the utility in a manner designed to continue the efficient and effective

17 operation of utility service.

18 M5 Upon appointment of a receiver by the circuit court. all of the books and

19 records of the utility operator shall be transferred to the receiver. If the utility operator

20 has not relinquished utility property or provided for the continued use of the land in

21 accordance with this section, the Circuit Court shall order such compliance.

22 (3)M) The notification to the commission under subsection (. 5) is sufficient

23 cause for revocation, suspension, or amendment of the certificate of authorization of the

24 utility as of the date of abandonment. The receiver operating such utility shall be

25 considered to hold a temporary authorization from the commission, and the approved

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DRAFT- 12/30/96

1 rates of the utility shall be deemed to be the interim proved rates of the receiver until

2 modified by the commission.

3 Section 10. Sections 373.036 and 373.039, Florida Statutes, are repealed.

4 Section 11. Section 373.016, Florida Statutes, is amended to read:

5 373.016 Declaration of policy.-

6 (1) The waters in the state are among its basic resources. Such waters have

7 not heretofore been conserved or fully controlled so as to realize their full beneficial use.

8 (2) It is further declared to be the policy of the Legislature:

9 (a) To provide an adequate. safe dependable and affordable supply of water

10 for all reasonable-beneficial uses in the state:

11 Mb(a) To provide for the management of water and related land resources;

12 (c(b) To promote the conservation, replenishment. recapturing. enhancement.

13 development, and proper utilization of surface water and oundwater ground-water;

14 (d(e) To develop and regulate dams, impoundments, reservoirs, and other

15 works and to provide water storage for beneficial purposes;

16 (el(d) To prevent damage from floods, soil erosion, and excessive drainage;

17 (If(e) To minimize degradation of water resources caused by the discharge of

18 stormwater,

19 g)(f) To preserve natural resources, fish, and wildlife;

20 (bI(g) To promote the public policy set forth in s. 403.021;

21 (iJ(h) To promote recreational development, protect public lands, and assist in

22 maintaining the navigability of rivers and harbors; and

23 fjD(i) To otherwise Otherwise-te promote the health, safety, and general

24 welfare of the people of this state.



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DRAFT 12/30/96

1 (3) The Legislature recognizes that the water resource problems of the state

2 vary from region to region, both in magnitude and complexity. It is therefore the intent

3 of the Legislature to vest in the Department of Environmental Protection or its successor

4 agency the power and responsibility to accomplish the conservation, protection,

5 management, and control of the waters of the state and with sufficient flexibility and

6 discretion to accomplish these ends through delegation of appropriate powers to the

7 various water management districts. The department may exercise any power herein

8 authorized to be exercised by a water management district; however, to the greatest

9 extent practicable, such power should be delegated to the governing board of a water

10 management district.

11 (4) It is further declared the policy of the Legislature that a primary mission

12 of each water management district shall be to ensure that an adequate. safe. dependable

13 and affordable supply of water is available for all reasonable and beneficial uses. Each

14 district shall exercise this responsibility independent of delegation by the Department of

15 Environmental Protection and in accordance with the provisions of s. 373.0831.

16 (5M(4) It is further declared the policy of the Legislature that each water

17 management district, to the extent consistent with effective management practices, shall

18 approximate its fiscal and budget policies and procedures to those of the state.

19 Section 12. Subsection (16) of section 373.019, Florida Statutes, is amended to

20 read:

21 373.019 Definitions.-When appearing in this chapter or in any rule, regulation

22 or order adopted pursuant thereto, the following words shall, unless the context clearly

23 indicates otherwise, mean:

24 (16) "State water policy" means the comprehensive statewide policy as adopted

25 by the department and ratified by the Legislature pursuant to ss. 373.026 and 403.061

15


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DRAFT 12/30/96

setting forth goals, objectives, and guidance for the development and review of programs,

rules, and plans relating to water resources. The waters of the state are among its most

basic resources. Such waters should be managed to conserve and protect water resources

and to realize the full beneficial use of these resources. The-4and-Use-al-Water

Plang-tfsk-omee was-estabshed-by-ehapterF-93-2 -aw.-Fleda-te-formuate

reemmenadatiens-t-the-Legislate-on-the-felatienshipetween-disti wate

mgRagemet-ptlanshe-growth-management-pertieon-ethe-state-eemprhensive-plan;

regienal-poliey-plans-and4oeal-eompfehebsive-pes--lo-erder-t-pvide--for-eesisteney

beteen-growtm gement-peliey-and-water-management-peliy-the'ask-feree-shall

make-eemmendations-the-4995-Legislare-n-the-meehaism dreedu

establishing-and-amendig-water-peoy.--ea--att mp-t e- side-tese-reemendations

and-eeeive4he-benefaif-a-eiew-by-H se-and-Senate-aturl-reseomes-eenmfee

the-amendmeate-o-ehaptel47-40-,-F ida-Admihisttiveo-Gede;-adepted-by-the

Evinmnentl-4eg tion emmissioe-on-Deember--1993--sh t-beeome-effeetive


until-uly-4-,-1995

() "Water Resource Development" means the implementation of integrated

water resources management using aquifers and watershed basins as the planning units

and including the following: surface water and groundwater data collection and

evaluation: the preparation of strategic plans: construction. maintenance and operation of

maior public works facilities to provide flood control. surface and underground storage.

groundwater recharge augmentation and sustainability of all reasonable and beneficial

water uses to support private and public water users and water suppliers.

() "Water Supply Development" means the planning. construction.

maintenance and operation of public and private facilities for extraction of water from


16

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DRAFT 12/30/96

1 surface waters or aquifers for treatment, transmission or distribution for resale or end

2 use.

3 (' "Public Water Utility" means a governmental or private entity duly

4 authorized under the laws of the state to construct or operate public water supply systems.

5 water works systems. sewerage. systems. sewage treatment works. reclaimed water

6 system. or other public facilities.

7 () "Government Owned Water Utility" means a public water utility owned.

8 operated. managed. or controlled by a county. municipality. regional water supply

9 authority. special taxing district or other unit of local government.

10 () "Privately Owned Water Utility" means a public water utility owned.

11 managed. or controlled by an entity other than a county. municipality, regional water

12 supply authority. special taxing district or other unit of local government. The term

13 "privately-owned water utility" includes, but is not limited to: private utilities, investor-

14 owned private utilities, and public works corporations and public service corporations

15 which supply water.

16 ( "Water Resource Evaluation" means the evaluation of the water demands

17 and the related sources for water required the natural environment and for human uses.

18 Water required for the natural environment means the water needed for "minimum flows

19 and levels" and water projected for restoration. if any. Water required for human uses

20 means the water needed for "minimum flows and levels" and water projected for

21 restoration. if any. Water required for human uses means the water needed for existing

22 and projected use.

23 ( ) "Level of Certainty" means the reoccurring drought event used to identify

24 the occurrences when there is not anticipated to be water available in groundwaters or

25 surface waters without triggering minimum flows and levels under 373.042: the

17


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DRAFT 12/30/96

1 identification of acceptable water shortage phases or restorations, if any for each plan

2 option as provided in s. 373.171 and 373.246: and the identification of which reoccurring

3 drought event will be used for the allocation of water pursuant to 373.223.

4 ( "Natural Environment" means the water and land. and plants and animals

5 living thereon.

6 Other terms to define:

7 salt water intrusion

8 functions and value

9 minimum flows and levels

10 technical validation

11 scientific eer review

12 Section 13. Subsection (10) of Section 373.026, Florida Statutes, is amended to

13 read:

14 373.026 General powers and duties of the department.-The department, or its

15 successor agency, shall be responsible for the administration of this chapter at the state

16 level. However, it is the policy of the state that, to the greatest extent possible, the

17 department may enter into interagency or interlocal agreements with any other state

18 agency, any water management district, or any local government conducting programs

19 related to or materially affecting the water resources of the state. All such agreements

20 shall be subject to the provisions of s. 373.046. In addition to its other powers and

21 duties, the department shall, to the greatest extent possible:

22 (10) Adopt by rule a state water policy, which shall provide goals, objectives,

23 and guidance for the development and review of programs, rules, and plans relating to

24 water resources. This The state water policy shall be consistent with the State

25 Comprehensive Plan and may include such department rules as are specifically identified

18


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DRAFT 12/30/96

1 in the policy. The state water policy adopted by the department shall be presented to the

2 Legislature for ratification during the 1998 Regular Session. The 1998 legislative

3 proposal shall be prepared by the department and shall include modifications necessary to

4 incorporate any statutory revisions to Chapter 373 and 403 enacted during the 1997

5 Regular Session. Any existing provision of the state water policy not legislatively ratified

6 during the 1998 Regular Session shall be void and unenforceable. After initial legislative

7 ratification. any amendment to the state water policy adopted by the department shall not

8 become effective until ratified by legislative act.

9 Section 14. Section 373.037, Florida Statutes, is created to read:

10 373.037 Needs and Sources Analysis.-

11 l} By July 1. 1997. the water management districts shall designate one or

12 more water resources implementation program areas. The water management districts

13 shall proceed to conduct a needs and sources analysis for each water resource program

14 area in a timely manner. A water management district can undertake to complete the

15 analysis if all or part of its existing or proposed source lies outside the district and the

16 other water management district has not yet completed the analysis.

17 2I The water management districts shall complete a water resource

18 evaluation for each water resource implementation area.

19 (3 The water resource evaluation for the natural environment water needs

20 shall include a technical evaluation of the natural environmental needs and identification

21 of natural environmental water supply problems by:

22 (a) Identifying the water needs for the existing natural environment water

23 needs by analyzing the functions and values of the natural environment: Including

24 verifying water needs based on seasonal fluctuations:




19


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DRAFT 12/30/96

1 (b Determining the minimum flows and levels for the existing natural

2 environment. not including isolated wetlands:

3 W Determine the restoration plans for the natural environment, if any. If

4 so. define functions and values for the proposed restoration. Based upon the proposed

5 restoration functions and values, determine the water needs for the proposed restored

6 natural environment.

7 L41 The water resource evaluation for the human needs shall include:

8 (a The existing and projected needs of residential/urban users shall be

9 based on the adopted local government comprehensive plans for a 20 year horizon. The

10 needs of the other user classes. including but not limited to agriculture, commercial or

11 industrial. power generation, recreation and other classes shall be developed in

12 cooperation with these users:

13 (3 The level of certainty associated with meeting the existing and projected

14 water needs shall be established as a 1 in 10 drought event.

15 M5 The water management districts shall analyze the existing sources and

16 shal

17 (a Collect and evaluate existing information, data and studies on the water

18 resources in the region and identify any gaps in information and process for resolving the

19 gaps:

20 I(b Collect and synthesize the existing data and information.

21 (W Identify the water supply related resource restrictions: such as salt water

22 intrusion: upcoming of connate water, aquifer mining. and water quality restrictions.

23 (6 The water management districts shall complete a preliminary needs and

24 sources analysis to determine whether the existing and projected needs for the natural

25 environment and for people exceed the existing available supply. If they do not. then the

20


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DRAFI 12/30/96

1 water management districts are authorized to proceed to adopt minimum flows and levels.

2 The preliminary analysis shall, when adopted by the Governing Board be subject to

3 review as an order under Chapter 120.

4 (7) If the preliminary needs and source analysis indicates that demand

5 exceeds supplies, the water management districts shall proceed to develop a regional

6 water resource implementation program for the identified region.

7 Section 15. Section 373.038, Florida Statutes, is created to read:

8 373.038 Regional Water Resource Implementation Program.

9 1)} It is the intent of the Legislature that the water management districts

10 undertake a program to implement water resource development. This program shall be

11 developed in coordination with public water utilities, other user groups. the department

12 and other affected and interested persons. The purpose of each regional water resource

13 implementation program shall be to provide for water resource development at a regional

14 level to meet the water needs of all water users, and to provide adequate. safe. and

15 dependable supplies of water consistent with the provisions of this Chapter.

16 2) The goal of each regional water resource implementation program shall

17 be

18 a)l Identification of safe. affordable, and dependable sources of water for

19 use by all water users and the natural environment:

20 () Identification of water resource development alternatives including

21 capital improvements or facilities, incentive programs: and

22 () Identification of reliable sources of funding to implement the regional

23 water resource implementation programs.

24 (}. The water management districts shall:



21

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DRAFT 12/30/96

1 (a Identify surface and ground water resources suitable for water resource

2 development within each water resource implementation program areas.

3 M Identify alternative regional water resources within each program area

4 including, but not limited to reuse of reclaimed water. desalination, aquifer storage and

5 recovery, surface water storage. and recapturing water which is released to tide.

6 ( Identify water resource development solutions. If existing regulatory

7 programs create barriers to implementation of solutions. those barriers shall be identified

8 and corrected or identified to the appropriate agency or the legislature.

9 M4 Upon completion of technical validation and scientific peer review of the

10 project feasibility study, the governing board shall select an alternative or alternatives

11 which shall become the adopted water resource development program. The selected

12 alternative must include an:

13 Wa Estimation of water users needs for the 20 years horizon for all water

14 use classes including natural environment, public supply. agriculture. commercial or

15 industrial. power generation. recreation and other classes which may be established by the

16 water management district or the department:

17 (b Description of the future sources of water for all needs by users class.

18 l Description of the capital facilities necessary to implement the regional

19 water resource implementation program initiative including any necessary lands or

20 property interests:

21 LdM Estimation of the funding to implement the regional water resource

22 implementation program. including a defensible cash flow analysis identifying funding to

23 implement the land acquisition. construction and operational of capital facilities or

24 alternative sources if identified and funding to implement the non-capital components of

25 the initiative:


22


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DRAFT 12/30/96

1 (f) Description of any cost-shared agreements if anticipated:

2 (fi Identification of incentive programs:

3 fgo Identification of the proposed minimum flows and levels:

4 (b Identification of any reservation of water from use by permit applicants

5 for the protection of fish and wildlife or public health and safety as provided in s.

6 373.23(3):

7 fi) Identification of any use prohibitions. restrictions or designations for

8 water bodies or sources within the regional areas:

9 (l An assessment of the preliminary costs and benefits for each proposed

10 water resource development solution and identification of the proposed funding sources.

11 The assessment of costs and funding source shall be based on whether the solution is for

12 restoration of the natural environment future water supply for people. water supply to

13 meet minimum flows and levels of existing systems or water supply to meet existing

14 human demands.

15 (5) The information in Subsection (5) shall be subject to technical validation

16 and scientific peer review.

17 (6) The regional water resource implementation program when adopted shall

18 become part of the Water Management District Plan under s. 373.036. Upon adoption.

19 the regional water resource implementation program shall be subject to review as an

20 order under s. 120.59.

21 (a) Within 90 days of a final order, the water management district will

22 initiate rulemaking pursuant to ch. 120 to adopt necessary minimum flows and levels

23 described in s. 373.042.

24 (h Within 90 days. the water management district will initiate rulemaking

25 pursuant to ch. 120 to adopt necessary rules to implement the regional water resource

23


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DRAFT 12/30/96

1 implementation program. except that the water management districts cannot reduce the 1

2 in 10 level of certainty.

3 W,) Within 90 days. the department will initiate rulemaking pursuant to ch.

4 120 to adopt necessary rules to remove any identified and agreed upon regulatory

5 barriers.

6 (d) As part of the next fiscal year's budget development and each year

7 thereafter as appropriate. the water management district shall include funding proposals

8 sufficient to implement the identified water management districts share of the program.

9 () The water management districts shall mitigate the adverse impacts to

10 legally existing users cased by the adoption or implementation of the district water supply

11 pian

12 (8) The water management district shall publish notice of the adopted

13 regional water resource implementation program in the Florida Administrative Code and

14 make copies of the regional water resource implementation program available at its

15 headquarters and regional offices at no change to the public.

16 Section 16. Section 373.042, Florida Statutes, is amended to read:

17 373.042 Minimum Flows and Levels.-

18 (1) Within each section, or the water management district as a whole, the

19 department or the governing board shall establish the following:

20 (a) Minimum flow for all surface watercourses in the area. The minimum

21 flow for a given watercourse shall be the limit at which further withdrawals would be

22 significantly harmful to the water resources or ecology of the area.

23 (b) Minimum water level. The minimum water level shall be the level of

24 groundwater in an aquifer and the level of surface water at which further withdrawals

25 would be significantly harmful to the water resources of the area.

24


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DRAFT 12/30/96

Te-mnimum-flow-endmimum-weter evesh-be-ealeulated-by-thedepaftment-end

the-goveming--beaus4ing-e-best-infomtion-available.---Wheappriate-mimum

flew 4-levels-may-be-.eaklted-tfleet-seaso8-varatiens--The-depertmented-the

goveming-beard-sha-ers-eosider-and--their-disemetie iay-previde-fer-the

preteetio-tion-neeon ive-uses-in-th-estableshimet-ef-tiium-flewsnd4vels-

(2) By July 1, 1996, the Southwest Florida Water Management District shall

amend and submit to the department for review and approval its priority list for the

establishment of minimum flows and levels and delineating the order in which the

governing board shall establish the minimum flows and levels for surface watercourses,

aquifers, and surface water in the counties of Hillsborough, Pasco, and Pinellas. The

priority list shall be based upon the importance of the waters to the state or region and

the existence of or potential for significant harm to the water resources or ecology of the

state or region, and shall include those waters which are or may be experiencing adverse

impacts and those waters which are identified as possible new water supply sources

proposing to withdraw 5 million gallons or more per day in the future. The development

of the priority list shall not constitute a point of entry to an administrative proceeding

pursuant to chapter 120.

(3) Minimum flows and levels for priority waters in subsection 92) shall be

established by October 1, 1997. Where a minimum flow or level for the priority waters

has not been established by the applicable deadline, the secretary of the department shall,

if requested by the governing body of any local government within whose jurisdiction the

affected waters are located, establish the minimum flows and levels in accordance with

the procedures established by this section. The department's reasonable costs in

establishing a minimum flow or level shall, upon request of the secretary, be reimbursed

by the applicable district.


25


"'bDING: Deletions are strieken; additions are underlined.















DRAFT 12/30/96


26

"tbDING: Deletions are stricken; additions are underlined.


(4) Prier-t-he-establishment-oe-inimum-flewser-levels-fe-water

resoeesaeas-idetified-i-subseetio-(-,--ad-pio-te-filg petitie-fr

admiistrative-hearing,.eienti r-teehn -datam-ad-methedelegies7-if-in-disput,-shllf

upen-writtea-equest-t-the-goveing-baby--substaiay-ffeeted-perse bsubjet

to-indepeent-seientiie-pee-view-The-members-o4he-peeeview-paelshl-be

seeete y-greement-ef-thepartien-iteres-withi-60-days-fter-eceipt-ef-he-eques.-

IfrM--eventhe-paeis-et-seleete-whin-this- ,-e,-p he-agreeet-of-a

parties-thetime-may-b&-waived;-er,-4f-fewaiver-eeurs-,the-geveng-ba4-may

pfeeed4o-stablish4hemnimum-flowr n d-evelThe-ost-ef-e-peer-rview-shalIbe

borne-equay-by-heparties-seleeting-the-pel-, to-he-exteat-eeenemcally-feasible--The

palne-shal-eoadut-tleasne-publie- tief-thellnel eoaaee-with-s

2864.-ll-(i) d-(6)-prior-to-the-sbmissiona- the-faleport. The-paelhall-submt-a

fiakIeport-to he evening beard within-20-dayafter-seleetie.-Jpon-reqest-by-H

membefs-ef-the-pet- greemet-ef-the-partie,--te-ti r-submittal-may-be

exteAded--f--p-t.--3- dditioMal-dayf.--In-th-eevent-thel al-epert-is-ot-5bmitted

within-sehme-the-goveig-beart-may-preeedtoe-establishe-mimn-flows-and

levels-pruastm-te-thi-setienr-Fiig-ef-aeqiest-shall-tell-any-ppiable-deadline-nde

ehapte-12-o,-ether-law-e-distriet-rler,-til-60-days-fowing-sub aef-thial

repert~--Any-suh-deadlinessallelse-be4-tledf-60-days-flowi idwal-e e

reques,-eeemet-ef-4 ties t-peer-teview-wl-ne-lengere-pursued,--r-fail

meet-ar-deadline-set-fo -i-ttis-subsetien--if-hheseleetienef-the-palel-is-subjm

th-eequirements-of-bhapter-28-7, cthehe-panet-shealsubm-it-its-fial-ep -to-the

govefing-board-binr-420-dys-after4he-eompletiewof-thetproess-equfed-pursuant-e

chapteF-287---Thl-govei-- g-bu -a -give-sigrWifcant--weight--toe-tfinal-repert- he

panel-i"stabishing4he-minnimum-tlow-or-level-es-appropriate---The-fmal-reost-may














DRAFT 12/30/96

also-eatere-intotheiweed-by-any-party-t4he-peeeeding -wthieh4heminimu -flew

or-leve-is-applieable- All scientific or technical data. methodologies, and models.

including all assumptions employed in the model, utilized to establish a minimum flow or

level shall be subject to independent scientific peer review. Independent scientific peer

review means review by a panel of independent. recognized experts in the field of

hydrology. hydrogeology. limnology. biology and other scientific disciplines relevant to

the discipline. The governing board shall give significant weight to the final report of the

peer review panel when establishing the minimum flow or level.

IS Minimum flows and levels shall be based upon a balancing of:

Wa Existing legal uses. where such uses significantly affect the surface

watercourse or aquifer.

Wib Hydrologic changes that have occurred as a result of alterations to

surface watercourses or aquifers which were authorized by permit issued pursuant to parts

I. H. or IV of this chapter. which are exempt from permitting under those provisions or

which existed prior to the enactment of those provisions, and the constraints such

alterations have had on the hydrology of the affected surface watercourse or aquifer.

I( Natural seasonal and long-term fluctuations in water flows and levels.

d) Flood protection needs.

W,) Protection of water resources. including maintenance of fresh water

storage and supply and maintenance of the designated uses of the surface watercourse or

aquifer.

(fl Other uses made of the surface watercourse or aquifer. including

recreation in and on the water, aesthetic and scenic attributes, navigation and other non-

permitted legal uses.



27

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DRAFT 12/30/96

1 gl Environmental values associated with coastal. estuarine. aquatic and

2 wetland systems, including fish and wildlife habitat.

3 (6 Minimum flows or levels shall be based upon conditions in effect on the

4 date the department or governing board gives notice of its intent to adopt as a rule

5 pursuant to s. 120.54(31(a) a proposed minimum flow or level.

6 10 Any minimum flows or levels established prior to the effective date of

7 this act shall be reestablished in accordance with the procedures and criteria set forth in

8 this section no later than October 1. 1999.

9 (5) @L If a petition for administrative hearing is filed under chapter 120

10 challenging the establishment of the minimum flows or levels, the report of the

11 independent scientific peer review is admissible as evidence in the final hearing, and the

12 hearing officer must render the order within 120 days after the filing of the petition. The

13 time limit for rendering an order shall not be extended except by agreement of all the

14 parties. To the extent that the parties agree to the findings of the peer review, they may

15 stipulate that those findings be incorporated as findings of fact in the final order.

16 Section 17. Section 373.0421, Florida Statutes, is created to read:

17 373.0421 Implementation of Minimum Flows and Levels.

18 U1 When the governing board determines that minimum flow or level is

19 reasonably expected to be violated within 5 years, the department or governing board

20 shall immediately commence development of additional water supplies and may

21 implement interim measures and remedial actions based on a balancing of the criteria set

22 forth in subsection (3) to prevent the violation of established minimum flows or levels.

23 2M When. at the time a minimum flow and level is established, the existing

24 water flow or level is below the limits established pursuant to s. 373.042. the department

25 or the governing board shall immediately take action to develop and implement a water


28


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DRAFT 12/30/96

1 supply development plan which will achieve recovery of the established minimum flow

2 and level as soon as practicable and shall implement interim measures and remedial

3 actions based on a balancing of the criteria set forth in subsection (3) until such time as

4 the water supply development plan can be implemented.

5 ( Interim measures and remedial actions pursuant to subsections (1) and

6 (2) for areas that are in violation of an established minimum flow and level or are

7 reasonably expected to be in violation of an established minimum flow and level within 5

8 years shall be based on a balancing of:

9 (a Existing permitted or otherwise legal uses. which uses affect the aquifer

10 or surface water body.

11 b) Hydrologic changes that have occurred as a result of alterations to

12 surface waters or mroundwaters which were authorized by a permit issued to parts I. II.

13 or IV of this chapter, which are exempt from permitting under those provisions or which

14 existed prior to the enactment of those provisions, and the constraints such alterations

15 have had on the hydrology of an affected surface water body or aquifer.

16 (i Future demands reasonably expected to occur in a 5 year planning

17 horizon, to the extent consistent with recovery of the established minimum flow or level.

18 (d> Protection of water resources. including maintenance of fresh water

19 storage and supply and maintenance of the designated uses of the water body or aquifer.

20 (.W Flood protection needs.

21 LD Natural seasonal long-term fluctuations in water flows and levels.

22 g) Other uses made of the water body. including recreation in and on the

23 water, aesthetic and scenic attributes. navigation. and other non-permitted legal uses of

24 the after body.



29

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DRAFT 12/30/96

1 hi Environmental values associated with coastal. estuarine. aquatic and

2 wetlands systems. including fish and wildlife habitats and the passage of fish and transfer

3 of detrital material.

4 (Wi The geographic extent of any violations of an established minimum flow

5 or level.

6 Section 18. Section 373.0831, Florida Statutes, is created to read:

7 373.0831Water resource development: legislative direction to governing

8 boards.-To make a sufficient supply of water available for all reasonable and beneficial

9 uses and to avoid the adverse effects of competition for water supplies, the governing

10 board of each water management district shall exercise the following responsibilities for

11 water resource development, consistent with sections 373.0695. 373.087. 373.106.

12 373.196 and 373.1961:

13 ( Provide an adequate. safe. dependable and affordable supply of water to

14 serve all regions of the district:

15 (2 Provide for the replenishment. recapturing and enhancement of

16 groundwater and surface water resources of the district to augment available water

17 supplies

18 ) Encourage and promote the development of new technologies to fully

19 utilize all groundwater and surface water sources consistent with law:

20 (4) Collect data and conduct research studies to expand and improve the use

21 of groundwater and surface water sources for water supply purposes:

22 M Conduct demonstration or pilot Droiects that embody innovative

23 technologies for the use of groundwater or surface water sources for water supply

24 purposes: and




30

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DRAFT 12/30/96

1 (i6 Cooperative with and assist public and private water utilities in the

2 development of water supply delivery systems.

3 Section 19. Section 373.2231, Florida Statutes, is created to read:

4 373.2231 Mitigation.-

5 (1) If a public water supply applicant for a consumptive use permit renewal or

6 modification in excess of mgd cannot provide reasonable assurance that the proposed

7 use will meet the criteria for the issuance of permits under s. 373. the water

8 management district shall consider, and may issue the permit based upon measures

9 proposed or acceptable to the applicant to mitigate the impacts which cause the proposed

10 use not to meet the permitting criteria. Mitigation measures to be considered include, but

11 are not limited to. wetland creation, enhancement and preservation: aquifer recharge with

12 water of acceptable quality and improvement to withdrawal systems associated with

13 existing uses. If the owner does not agree to allow the mitigation on the site or agrees

14 that the mitigation can be implemented on other property, the water management district

15 shall consider mitigation proposed on other property that will offset the expected impacts.

16 Section 20. Section 373.236, Florida Statutes, is amended to read:

17 373.236 Duration of permits.-

18 (1) If the criteria set forth in 6 373.223 are met. permits shall be granted for a

19 period of 20 years. except as otherwise provided by law. The governing board or the

20 department may. however, issue permits for shorter durations if requested by the

21 applicant or if the applicant's adherence to a remedial action plan requires periodic

22 evaluation. Permits-may-be-grated-for-anypeiod-e 4ime-not-exeeding-&-yean-The

23 govening- ead-r-the-departmet-hmy-base-drttion-f-poimite-m-a-reasonablesystem

24 of-elassifieation-aceerding-to-sour&-eof-supply-er-typeof-use-er-beth

25 (2)

31

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DRAFT 12/30/96

1 (a) Any permit issued for a duration of 20 years may include a condition

2 requiring the permittees to submit an interim report every 10 years to establish continued

3 compliance with the rules of the consumptive use permitting program in effect on the date

4 the permit was issued. The filing of such interim report. and the governing board's or

5 department's consideration of it. does not expose the permit to a competing use evaluation

6 under 6 373.233.

7 (b) The governing board or department shall provide written notice to the

8 permitted of the requirement for filing an interim report and the data that the report is

9 due. If the permitted fails to submit the interim report within 60 days after receipt of

10 notice or the due date. whichever is later, the permit will expire 1 year from the date that

11 the interim report was due.

12 (3) At any time throughout the duration of a permit, the permittee may seek

13 modification or renewal of the permit to implement conservation measures or to reduce

14 consumption by using alternative water supplies. on the basis of an existing or Droposed

15 plan approved by the district. To encourage and reward water conservation efforts and the

16 use of alternative water supplies. the duration of a permit so modified or renewed will be

17 20 years from the date of modification or renewal.

18 (2)4) The governing board or the department may authorize a permit of

19 duration of up to 50 years in the case of a municipality or other governmental body or of

20 a public works or public service corporation when that where-ueh-a period is required to

21 provide for the retirement of bonds for the construction of waterworks and waste disposal

22 facilities.

23 Section 21. Subsection (33) of Section 403.061, Florida Statutes, is amended to

24 read:



32

blDING: Deletions are stricken; additions are underlined.














DRAFT 12/30/96

1 403.061 Department; powers and duties.-The department shall have the power

2 and the duty to control and prohibit pollution of air and water in accordance with the law

3 and rules adopted and promulgated by it and, for this purpose, to:

4 (33) Adopt by rule a state water policy, which shall provide goals, objectives,

5 and guidance for the development and review of programs, rules, and plans relating to

6 water resources. The This state water policy shall be consistent with the state

7 comprehensive plan and may include such department rules as are specifically identified

8 in the policy. The state water policy adopted by the department shall be presented to the

9 legislature for ratification during the 1998 Regular Session. The 1998 legislative proposal

10 shall be prepared by the department and shall include-modifications necessary to

11 incorporate any statutory revisions to Chapters 373 and 403 enacted during the 1997

12 Regular Session. Any existing provision of the state water policy not legislatively ratified

13 during the 1998 Regular Session shall be void and unenforceable. After initial legislative

14 ratification. any amendment to the state water policy adopted by the department shall not

15 become effective until ratified by legislative act.

16

17 The department shall implement such programs in conduction with its other powers and

18 duties and shall place special emphasis on reducing and eliminating contamination that

19 presents a threat to humans, animals or plants, or to the environment.














33

AbDING: Deletions are stricken; additions are underlined.




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