Title: FHBA Governmental Affairs Department - Water Policy Update
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00004553/00001
 Material Information
Title: FHBA Governmental Affairs Department - Water Policy Update
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - FHBA Governmental Affairs Department - Water Policy Update (JDV Box 90)
General Note: Box 24, Folder 1 ( Governmental Rules, Regulations, Legislation and Administrative Laws - 1996 ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004553
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

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Affairs Department


Fax phone: ,? 039

Date: 2 -7 7
Number of pages including cover sheet: 5

From: Keith Hetrick
Director of Regulatory Affairs

Phone: 904.2244316
Fax phone: 904-224-7933

O] For your review

FROM FHBA 2247933

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FROM FHBA 2247933 01-08-97 05:58PM TO CARLTON FIELD WARD 2220398 =11 P.2/5

Serving the home building and remodeling industry of Florda.
STO: senior officers and Mike Hickman, Chair (FHBA Water
Policy Task Force)

S : FROM: Keith Hetrick J'4r

RE: Water Policy Update

DATE: December 18, 1996

Please find attached the-following: (1) a copy of FHBA Water
Policies, (2) Water Supply Funding Options, prepared by Vicki
f Webber and completed for FHBA a few weeks ago, (3) another copy of
the Governor's Executive Order on water, which I supplied to you at
fall conference, and (4) a copy of the most recent agenda of the
December 6, 1996 meeting of the Governor's Water Supply Development
I and Funding Work Group.

On the heels of last session's failed House legislative
initiatives on water (which included new convoluted planning
processes and no implementing funding) the Governor, through his
S.. Executive Order, has sought to foster a process for
representatives/lobbyists of major interest groups to come together
and attempt to arrive at consensus on how to better achieve and
develop a consistent water supply in Florida for all users. This
includes examining the extent to which statutory changes are needed
regarding land and water linkages-and what, if any, funding options
are recommended and desirable.

'.. The Governor is seeking to use this group possibly to make
recommendations to the 1997 Legislature. I do not know if any
report will be. forthcoming from this group. The Working Group has
met three (3) times (10/17, 11/8 and 12/6), and is scheduled to
Meet 3 more times (12/18, 1/8 and 1/31). It has divided into two
S subgroups: one focusing on water supply development and planning
and the other focusing on water supply funding. Jake Varn chairs
the water supply development and planning group and I participate
on the funding group. DEP and .the Governor's Office is staffing
and facilitating the meetings.. Our goal has been to participate
actively, consistent with FHBA's water policies.

To date., a lot of information is being assembled by this
group. Rather than inundate you with paper, I'd like to simply
provide you. with a brief summary of my perception of the direction
of this effort and a recommended strategy for FHBA this session.

Summary of the Direction of the Governor's working Group on Water

Please note the 5 basic assumptions and 5 basic principles
agreed upon by the working group on page 17 of the recent 12/6/96
meeting. They resemble FHBA's prime directive. As such, last
session approach to r., t "water scarcit approach,

Florida Home BuNdecr Anocallon P.O. Box 1259 Tallahssee, FL 32302-1259 (904) 224-4316 FAX (904) 224-1359
Street address: 201 Eost Park Avenue Tollahassee, FL 32301

01-08-97 05:59PM TO CARLTON FIELD WARD 2220398

Water Policy Update
December 18, 1996
Page 2

expressed in terms of linking comprehensive plans to ground water
supply availability determinations by.the WMDs, will not likely be
recommended by the Work Group. Instead, the approach is a positive
one and the focus is on water production to meet all existing and
future user needs.] Also, it is important to note that the issues
discussed in the 12/6/96 handout are in transition and do not
reflect any definitive decisions of the Working Group or as yet
definitive buy-in on the part of the principles of representatives.

Water Planning and Develonpmnt subgroup

The Water Planning and Development Subgroup is clearly heading
in a direction with mirrors FHBA policies. For example, from a
state (DEP) perspective, DEP's primary function should be to
coordinate WMD activities ahd there are no real statutory changes
that are needed. A major shift from last session is that the
Governor's Working Group appears to "recognize and acknowledge"
that WMDs should focus on supplying consistent data to local
government and on augmenting and enhancing water supply sources; on
the other hand, the determination of actual solutions or the
decisions as to future water supply sources and the actual
development and building of- infrastructure should be the
responsibility of local government and regional water supply
authorities (RSWAs). [You will recall that last session's
legislation shifted the balance of power in water supply by putting
WMDs (who have the regulatory responsibility for water) more in
charge of the water supply development function and determining and
.making the decisions for local governments on local options.] In
addition, the. group recognizes the possibility that state lands can
be used for water supply development..

The Working Group .appears to agree that regional water supply
plans prepared by WMDs should. be resource documents for local
governments and should identify a menu of nonexclusive options for
water supply development from-which local governments may choose
and should provide guidance in the form of action-oriented steps,
with flexibility.but as much surety as possible for users. There
would be no.. new planning :requirements; in fact, the planning
process should be simplified. .Local government would be encouraged
to use sources identified in regional water supply plans. "New"
funding sources for certain local water supply projects might be
contingent on those projects being in concert or compatible with a
regional solution or strategy or.at least not at cross purposes
with a regional strategy..

The needs of self suppliers should be taken into account in
WMD regional water supply plans. And the viability.and propriety
of private water suppliers.'will be recognized. For example, the
group will likely make recommendations that focus on removing
impediments to the private production of water, including changing

=11 P.3/5






01-08-97 05:59PM TO CARLTON FIELD WARD 2220398

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FROM FHBA 2247933

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Water Policy Update
December 18, 1996
Page 3

current PSC practices and: regulations which currently prevent
investor-owned water supply companies from recovering the full cost
of reuse projects and environmentally required activities. In
addition, there appears to be a desire to increase the coordination
between the DEP and WMDs to eliminate current regulatory
constraints to aquifer recharge and recovery and the retention and
storage of more surface. waters, in order to encourage the
development of these possible sources of water supply.

Water Funding Subaroub

This subgroup is not as far along as the planning &
development subgroup. They are trying to get a handle on the
overall range of funding needs and develop options/combinations of
funding. In addition, .they're looking. at the factors in
determining equitable cost distribution, roles and responsibilities
in water supply and water resource funding and options for the
administration and distribution of new sources of funding.

One basic premise will probably be that regional flexibility
is needed to achieve optimal funding solutions and a "one-size fits
all" approach would not be. best. in many cases. Another important
premise likely will be that water supply development should be
funded by the ultimate user or beneficiary of development projects.
For example, if dollars are made available to public and private
entities for water supply projects, the revenue should be derived
from customers. Conversely, those monies should be spent in a way
that benefits those who pay. In addition, I think the group will
try to arrive at some bench mark needs and assessments based on
local government and WMD input.

I do not think that :any recommendations from the funding
subgroup will try to solve all problems nor will the group likely
recommend a single funding source. The group will likely identify
existing sources of potential funding and how these can be enhanced
through better usage, through increases, or through restructuring
of how they are used. There will likely be some attempt to
identify the private and public. entities which should have
responsibility for funding water supply facilities, in some
priority order, and then an: identification of potential new funding
sources, with consideration to the "do-able."

FEBA Water Strateiw for 1997 Legislative Session

Presently, unless you determine otherwise, I do not think that
it is essential or necessary for the Water Policy Task Force to
formally meet and discuss. further FHBA's current water supply
policies prior to this session. I also don't think that its
necessary to further amend or revise those policies. The current
policies provide us with enough guidance for the 1997 session. For

01-08-97 05:5SPM TO CARLTON FIELD WARD 2220398

S Water Policy Update
December 18, 1996
Page 4

example, our policies allow us to oppose unwarranted comprehensive
plan linkages as well as to support. consistent WMD data being
provided to local government, the streamlining of plans, local
decisions on water supply sources, .new incentives along with the
removal of impediments to public and private water supply
development and the creation of recurring dedicated funding.

On the other hand, I also believe that we need your further
clarification and approval on FHBA's current water supply "funding"
policy. Presently, FHBA's water .supply funding policy supports
"recurring dedicated sources of revenues for use by local
governments and RWSAs for planning and developing long term water
supplies (particularly emphasizing the development of water supply
capital facilities)." Given the current focus on funding by the
Governor (as'initiated by FHBA last session) the funding issue is
Likely to be 'an important .piece of the puzzle this session.
Therefore, I would recommend .to you for approval the following
clarification/elaboration to FHBA's current support of "recurring
dedicated sources of funding" for water supply:
-1. '. HBA should not isolate, target .or recommend to the
Legislature any particular or single new funding source to pay for
water supply.

2. "Recurring dedicated sources of.funding" should include
local government access to "new" legislatively authorized recurring
dedicated and broad-based local option funding sources. Any new
Funding sources should not disproportionately target development
::: but instead broadly target users. Therefore, FHBA would oppose new
.funding sources that might include new impact fees or new
Documentary stamp taxes (these types of sources are not being
entertained *bythe Governor's Working Group). On the other hand,
viable new recurring dedicated funding sources that FHBA would not
oppose may include broad-based local option sales taxes on water
and sewer or local option water .utility taxes.
3. In. addition, the following policies on local access to
"new" dedicated broad-based local option monies should apply: (a)
new monies. should primarily be targeted to capital improvement
:facility needs, (b) new monies should not replace, supplant or
S: support the diversion of. existing sources of water funding that
would in turn be used to subsidize other non-water related local
Services, and (c) new monies should either.support a local water
supply strategy that does not impact other local governments or be
c compatible with regional water supply solutions or strategies if
such monies are to be used in a manner that would impact other
: local governments.

We will schedule a conference call~ the first of the year to
review these suggestions. Thanks for your 'consideration.

FROM FHBA 2247933

211 P.5/5

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