DRAFT WATER SUPPLY LEGISLATION
OFFICE OF THE GOVERNOR
February 26, 1997
A bill to be entitled
An act relating to water policy; amending ...
1 Section 1. Section 373.016, Florida Statutes, is amended to read:
2 373.016 Declaration of policy.--
3 (1) The waters in the state are among its basic resources. Such waters have
4 not heretofore been conserved or fully managed controlled so as to realize their full
5 beneficial use.
6 (2) The department and the governing board shall take into account cumulative
7 impacts on water resources and manage those resources in a manner to ensure their
9 (~)(2) It is further declared to be the policy of the Legislature:
10 (a) To provide for the management of water and related land resources;
11 (b) To promote the conservation, development, and proper utilization of surface
12 and ground water;
13 (c) To promote the availability of sufficient water for all existing and future
14 reasonable-beneficial uses and the environment, through water resource development
15 and water supply development.
16 Ld)(e To develop and regulate dams, impoundments, reservoirs, and other
17 works and to provide water storage for beneficial purposes;
18 (e(d) To prevent damage from floods, soil erosion, and excessive drainage;
19 (f)e) To minimize degradation of water resources caused by the
20 discharge of stormwater;
21 jg)(f) To preserve natural resources, fish, and wildlife;
1 ()h}fg To promote the public policy set forth in s. 403.021;
2 (i) To ensure the protection of water resources on state lands:
3 ifjh) To promote recreational development, protect public lands, and assist in
4 maintaining the navigability of rivers and harbors; and
5 (,I(i) Otherwise to promote the health, safety, and general welfare of the people
6 of this state.
8 In implementing this chapter, the department and the governing board shall construe
9 and apply the policies in this subsection as a whole, and no specific policy is to be
10 construed or applied in isolation from the other policies in this subsection.
11 (4}f3) The Legislature recognizes that the water resource problems of the state
12 vary from region to region, both in magnitude and complexity. It is therefore the intent
13 of the Legislature to vest in the Department of Environmental Protection or its
14 successor agency the power and responsibility to accomplish the conservation,
15 protection, and management,-and -entrol of the waters of the state, and with sufficient
16 flexibility and discretion to accomplish these ends through delegation of appropriate
17 powers to the various water management districts. The department may exercise any
18 power herein authorized to be exercised by a water management district; however, to
19 the greatest extent practicable, such power should be delegated to the governing board
20 of a water management district.
21 _5.)(4) It is further declared the policy of the Legislature that each water
22 management district, to the extent consistent with effective management practices,
23 shall approximate its fiscal and budget policies and procedures to those of the state.
24 Section 2. Subsection (16) of section 373.019, Florida Statutes, is amended and
25 subsections (18), (19), (20), (21), and (22) are added to read:
26 373.019 Definitions.-When appearing in this chapter or in any rule, regulation,
27 or order adopted pursuant thereto, the following words shall, unless the context clearly
C- *- '
1 indicates otherwise, mean:
2 (16) "State Water resource implementation rule petiey" means the
3 comprehensive rule statewide policy as adopted by the department pursuant to s
4 373.036. 3- 3726 and 403.961 setting which sets forth goals, objectives, and
5 guidance for the development and review of programs, rules, and plans relating to
6 water resources, based on statutory policies and directives. The waters of the state are
7 among its most basic resources. Such waters should be managed to conserve and
8 protect water resources and to realize the full beneficial use of these resources.
9 (18) "Florida water plan" means the state-level water resource plan developed
1o by the department pursuant to s. 373.036.
11 (19) "District water management plan" means the regional water resource plan
12 developed by the governing board pursuant to s. 373.036.
13 (20) "Regional water supply plan" means a detailed water supply plan for all or a
14 part of the geographic area of a water management district developed or revised by the
15 governing board pursuant to s. 373.0361.
16 (21) 'Water resource development" means the formulation and implementation
17 of regional water resource management strategies, including the collection and
18 evaluation of surface water and groundwater data: structural and nonstructural
19 programs to protect and manage water resources: the development of regional water
20 resource implementation programs: the construction, operation, and maintenance of
21 major public works facilities to provide for flood control, surface and underground water
22 storage, and groundwater recharge augmentation: and related technical assistance to
23 local governments and to government-owned and privately owned water utilities.
24 (22) "Water supply development" means the planning. design. construction.
25 operation. and maintenance of public or private facilities for water collection, treatment.
26 transmission, or distribution for sale. resale. or end use.
27 Section 3. Section 373.046, Florida Statutes, is amended to read:
1 373.046 Interagency agreements.-
2 (5) Where the geographic area of a project or local government crosses water
3 management district boundaries, the affected districts may designate a single affected
4 district by interagency agreement to implement in that area all or part of the applicable
5 regulatory responsibilities under chapter 373. pursuant to the rules of the designated
6 district. Interaaency agreements entered into under this subsection which apply to the
7 geographic area of a local government must have the concurrence of the affected local
8 government. The application, under this subsection. by rule of any existing district rule
9 which was adopted or formally noticed for adoption on or before May 11. 1995. shall not
10 be subject to s. 70.001.
11 Section 4. Section 373.036, Florida Statutes is amended to read:
12 373.036 Florida water plan: district water management plans Sttewate atr uo
14 (1) FLORIDA WATER PLAN.--In cooperation with the water management
15 districts and others, the department shall develop the Florida water plan. The Florida
16 water plan shall include, but not be limited to:
17 (a) The programs and activities of the department related to water supply, water
18 quality, flood protection and floodplain management, and natural systems.
19 (b) The water quality standards of the department.
20 (c) The district water management plans.
21 (d) Goals. objectives, and guidance for the development and review of
22 programs, rules, and plans relating to water resources, based on statutory policies and
23 directives. This part of the Florida water plan shall be adopted by rule and shall be
24 called the "water resource implementation rule." The existing state water policy rule.
25 Chapter 62-40. Florida Administrative Code. shall be the water resource implementation
26 rule and shall be renamed upon its next amendment. Pursuant to s. 373.114. the
:7 department shall review rules of the water management districts for consistency with
1 this rule. Any amendments to the water resource implementation rule shall be adopted
2 by the secretary of the department and shall be submitted to the President of the
3 Senate and the Speaker of the House within seven days of publication in the Florida
4 Administrative Weekly. Such amendments will not become effective until the
5 conclusion of the regular session of the Legislature following their adoption.
6 The department shall proceC d as rapidly as possible to study existing water resources
7 in the state; means and methods of conserving and augmenting such waters; existing
8 and eontemplated needs and uses of water for protection and procreation of fish and
9 wildlife, irrigation, mining, Apow development, and domestic, municipal, and industrial
10 uses; and all other related subjects, including drainage, rclarmation, flood plain or
11 flood hazard area zoning, and selection of reservoir sites. The department shall
12 cooperate with the Excutive Office of the Governor, or its successor agency,
13 progrssively to formulate, as a functional element of a comprehensive state plan, an
14 integrated, coordinated plan for the use and development of the waters of the state,
15 based on the above studies. This plan, with such amendments, supplements, and
16 additions as may be necessary from time to time, shall be known as the state water use
18 (2) DISTRICT WATER MANAGEMENT PLANS.-
19 (a) Each governing board shall develop a district water management plan for
20 water resources within its region, which addresses water supply. water quality, flood
21 protection and floodplain management, and natural systems. The district water
22 management plan shall be based on at least a twenty-year planning period, shall be
23 developed and revised in cooperation with other agencies. units of government, and
24 interested parties, and shall be updated at least once every five years. The governing
25 board must hold a public hearing at least 30 days in advance of completing the
26 development or revision of the district water management plan.
27 (b) The district water management plan shall include, but not be limited to:
1 1. The scientific methodologies for establishing minimum flows and levels
2 pursuant to s. 373.042. and all established minimum flows and levels.
3 2. Identification of one or more water supply planning regions, which singly or
4 together encompass the entire district.
5 3. Technical data and information prepared pursuant to ss. 373.0391 and
7 5. A district-wide water supply assessment, to be completed no later than July 1.
8 1998. which determines for each water supply planning region:
9 a. Existing legal uses. reasonably anticipated future needs, and existing and
10 reasonably anticipated sources of water and conservation efforts.
11 b. Whether existing and reasonably anticipated sources of water and
12 conservation efforts are adequate to supply water for all existing legal uses and
13 reasonably anticipated future needs, and to sustain the natural systems.
14 6. Any completed regional water supply plans.
15 (c) If necessary for implementation, the governing board shall adopt by rule or
16 order relevant portions of the district water management plan. to the extent of its
17 statutory authorities.
18 Q(2-) In the formulation of the district water management plan state water use
19 plan, the governing board department shall give due consideration to:
20 (a) The attainment of maximum reasonable-beneficial use of water resources for
21 such purp s as those referred to in subsctin (1).
22 (b) The maximum economic development of the water resources consistent with
23 other uses.
24 (c) The management eentrtf of water resources sueh waters for such purposes
25 as environmental protection, drainage, flood control, and water storage.
26 (d) The quantity of water available for application to a reasonable-beneficial use.
27 (e) The prevention of wasteful, uneconomical, impractical, or unreasonable uses
of water resources.
(f) Presently exercised domestic use and permit rights.
(g) The preservation and enhancement of the water quality of the state end the
provisns lof the state water quality plan.
(h) The state water resources policy as expressed by this chapter.
(3) During the process of formulating or revising the state water use plan, the
department shall consult with, and carefully evaluate thle rcommndationse of,
concerned federal, state, and loeal agencies, particularly the governing boards of the
water management districts, and other interested persons.
(4) Each governing board is directed to cooperate with the department in
condueoting surveys and investigations of water resources, to furnish the department
with all available data of a technical nature, and to advise and assist the department in
the formulation and drafting of those portions of the state plan applicable to the district.
(5) The department shall not adopt or modify the state water use plan or any
advance of such hearing, the department shall notify any affected governing boards,
and shall give notice of such hearing by publication within the affected region pursuant
to the provisions of chapter 120, except such notice by publication shall be exended at
!east 90 days in advance of such hearings.
(6) For the purposes of this plan the department may, in consultation with the
affected governing board, divide each water management district into sections which
shall conform as nearly as practicable to hydrologically controllable areas and describe
all water resources within each area.
(4)f7) The department and governing board shall give careful consideration to
the requirements of public recreation and to the protection and procreation of fish and
wildlife. The department or the governing board may prohibit or restrict other future
uses on certain designated bodies of water which may be inconsistent with these
2 5(8) The governing board department may designate certain uses in
3 connection with a particular source of supply which, because of the nature of the
4 activity or the amount of water required, would constitute an undesirable use for which
5 the governing board may deny a permit.
6 (ff9) The governing board department may designate certain uses in
7 connection with a particular source of supply which, because of the nature of the
8 activity or the amount of water required, would result in an enhancement or
9 improvement of the water resources of the area. Such uses shall be preferred over
10 other uses in the event of competing applications under the permitting systems
11 authorized by this chapter.
12 (Z)f+-) The department, in cooperation with the Executive Office of the
13 Governor, or its successor agency, may add to the state water use Florida water plan
14 any other information, directions, or objectives it deems necessary or desirable for the
15 guidance of the governing boards or other agencies in the administration and
16 enforcement of this chapter.
17 Section 7. Section 373.0361, Florida Statutes, is created to read:
18 373.0361 Regional water supply planning.--
19 (1) By October 1. 1998. the governing board shall initiate water supply planning
20 for each water supply planning region identified in the district water management plan
21 pursuant to s. 373.036. where it determines that sources of water are not adequate for
22 the planning period to supply water for all existing and projected reasonable-beneficial
23 uses and to sustain the water resources and related natural systems. Such planning
24 shall be conducted in an open public process, in coordination and cooperation with
25 local governments, government-owned and privately owned water utilities. self
S6 suppliers, and other affected and interested parties.
17 (2) Each regional water supply plan shall be based on at least a 20-year
1 planning period and shall include, but not be limited to:
2 (a) A water supply development component, which shall include:
3 1. A quantification of the water supply needs for all existing and reasonably
4 projected future uses for the planning horizon.
5 2. A list of water source options for water supply development, including
6 traditional and alternative sources, from which local government, government-owned
7 and privately owned utilities, self suppliers, and others may choose, that will exceed the
8 needs identified in subparagraph 1.
9 3. For each option listed in subparagraph 2. the estimated amount of water
10 available for use and the estimated costs of and potential sources of funding for water
11 supply development.
12 4. A list of water supply development projects which are "of greater public good."
13 as defined in s. 373.038.
14 (b) A water resource development component, which shall include:
15 1. A listing of those water resource development projects which support water
16 supply development.
17 2. For each water resource development project listed:
18 a. An estimate of the amount of water to become available through the project.
19 b. The timetable for implementing or constructing the project and the estimated
20 costs for implementing and maintaining the project.
21 c. Sources of funding and funding needs.
22 d. Who will implement the project and how it will be implemented.
23 (c) Consideration of how the options addressed in paragraphs (a) and (b) serve
24 the public interest or save costs overall, through preventing the loss of natural
25 resources or avoiding greater future expenditures for water resource development or
26 water supply development. However. unless adopted by rule. these considerations
27 shall not be final agency action.
1 (d) The technical data and information applicable to the planning region which
2 are contained in the district water management plan and are necessary to support the
4 (e) The minimum flows and levels established for water resources within the
5 planning region.
6 (3) If necessary for implementation, the governing board shall adopt by rule or
7 order relevant portions of the regional water supply plan. to the extent of its statutory
9 (4) Regional water supply plans initiated or completed as of July 1. 1997. shall
10 be revised, if necessary. to include a water supply development component and a water
11 resource development component pursuant to paragraphs (b) and (c).
12 (5) Beginning November 15. 1997. and annually thereafter, the department shall
13 submit to the Governor and the Legislature a report on the status of regional water
14 supply planning in each district. This report shall include a compilation of the estimated
15 costs of and potential sources of funding for water resource development and water
16 supply development projects, as identified in the water management district regional
17 water supply plans.
18 Section 8. Section 373.038, Florida Statutes, is created to read:
19 373.038 Water resource development: water supply development.-
20 (1) The Legislature finds that:
21 (a) The proper role of the water management districts in water supply is primarily
22 planning and water resource development, but this does not preclude them from
23 providing assistance with water supply development.
24 (b) The proper role of local government, regional water supply authorities, and
25 government-owned and privately owned water utilities in water supply is primarily water
36 supply development, but this does not preclude them from providing assistance with
!7 water resource development.
1 (c) Water resource development and water supply development must receive
2 priority attention, where needed, to increase the availability of sufficient water for all
3 existing and future reasonable-beneficial uses and the environment.
4 (2 ) It is the intent of the Legislature that:
5 (a) Water management districts take the lead in identifying and implementing
6 water resource development projects, and be responsible for securing necessary
7 funding for regionally significant water resource development projects.
8 (b) Local governments and government-owned and privately owned water
9 utilities take the lead in securing funds for and implementing water supply development
10 projects. Generally, direct beneficiaries of water supply development projects should
11 pay the costs of the projects from which they benefit and water supply development
12 projects should continue to be paid for through local water users and other local funding
14 (c) Water supply development be conducted in coordination with water
15 management district regional water supply planning and water resource development.
16 (3) The water management districts shall fund and implement water resource
17 development as defined in s. 373.019. Each governing board shall include in its
18 annual budget the amount needed for the fiscal year to implement water resource
19 development projects. as prioritized in its regional water supply plans.
20 (4)(a) Water supply development projects which are identified in water
21 management district regional water supply plans as being "of greater public good." shall
22 be eligible for funding assistance from the state and the water management districts.
23 (b) To be "of greater public good." a project must be of regional or statewide
24 significance. must be found to be consistent with the relevant regional water supply
25 plan. and must:
26 1. Support establishment of a dependable. sustainable supply of water which is
27 not otherwise financially feasible: or
1 2. Be environmentally superior to other available alternatives in preventing or
2 limiting adverse water resource impacts, but require funding assistance to be
3 economically competitive with other options: or
4 3. Significantly implement reuse, storage, recharge, or conservation of water in
5 a manner which contributes to the sustainability of regional water sources.
6 Section 9. Paragraphs (a) and (c) of subsection (5) of section 373.536, Florida
7 Statutes, are amended to read:
8 (5)(a) The Executive Office of the Governor is authorized to approve or
9 disapprove, in whole or in part, the budget of each water management district and shall
10 analyze each budget as to the adequacy of district expenditures related to water
11 supply, including water resource development projects identified in the district's regional
12 water supply plans: water quality: flood protection and floodplain management: and
13 natural systems. This analysis shall be based on the particular needs within each water
14 management district in those four areas of responsibility and on the available fiscal
15 resources of the district.
16 (c) Each water management district shall, by August 5 of each year, submit to
17 the Department of Environmental Protection, the Executive Office of the Governor, and
18 the chairs of the appropriations committees of the Legislature for review a tentative
19 budget that includes, but is not limited to, the following information for the preceding
20 fiscal year and the current fiscal year, and the proposed amounts for the upcoming
21 fiscal year, in a standard format prescribed by the department which is generally
22 consistent with the format prescribed by legislative budget instructions for state
23 agencies and the format requirements of s. 216.031:
24 1. The millage rates and the percentage increase above the rolled-back rate,
25 together with a summary of the reasons the increase is required, and the percentage
26 increase in taxable value resulting from new construction;
27 2. For each program area, the salary and benefits, expenses, operating capital
1 outlay, number of authorized positions, and other personal services;
2 3. The total amount in the district budget for each area of responsibility listed in
3 paragraph (a). and for water resource development projects identified in the district's
4 regional water supply plans.
5 43- A description of each new, expanded, reduced, or eliminated program;
6 14- A 5-year capital improvements plan; and
7 I5:- The funding sources, including, but not limited to, ad valorem taxes,
8 Surface Water Improvement and Management Program funds, other state funds,
9 federal funds, and user fees and permit fees for each program area.
10 Section 10. Subsection (3) of section 367.081(3), Florida Statutes, is amended
11 and subsection (9) is added to read:
12 367.081 Rates; procedure for fixing and changing.--
13 (3) The commission, in fixing rates, may determine the prudent cost of providing
14 service during the period of time the rates will be in effect following the entry of a final
15 order relating to the rate request of the utility and may use such costs to determine the
16 revenue requirements that will allow the utility to earn a fair rate of return on its rate
17 base. In doing so. the commission shall presume correctness or prudence on the part
18 of a utility which makes an improvement that is approved by the Department of
19 Environmental Protection or is necessary to comply with a water management district
20 requirement to use an alternative source or conservation technique. The commission
21 shall allow its regulated utilities a reasonable time for cost recovery.
22 (9) The commission may set conservation rates.
23 Section 11. The Public Service Commission. the Department of Environmental
24 Protection. and the water management districts are directed to coordinate with each
25 other their rule requirements and timeframes for cost recovery.
26 Section 12. Section 373.039, subsection (10) of section 373.026, and
27 subsection (33) of section 403.061, Florida Statutes are hereby repealed.
1 Section 11. This act shall take effect upon becoming law.
2 Need also to Include cross-reference changes (ss. 373.114, 373.418(3),
3 373.421(1), 373.456(2), 403.031(14)-remove outdated language, 403.0891(1), (3)