Bill Text: FL S0948 | 2013 | Regular Session | Enrolled
Bill Title: Water Supply
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-17 - Chapter No. 2013-177 [S0948 Detail]
Download: Florida-2013-S0948-Enrolled.html
ENROLLED 2013 Legislature CS for SB 948 2013948er 1 2 An act relating to water supply; amending s. 373.701, 3 F.S.; providing a legislative declaration that efforts 4 to adequately and dependably meet water needs require 5 the cooperation of utility companies, private 6 landowners, water consumers, and the Department of 7 Agriculture and Consumer Services; amending s. 8 373.703, F.S.; providing that the governing board of a 9 water management district shall assist self-suppliers, 10 among others, in meeting water supply demands in a 11 manner that will give priority to encouraging 12 conservation and reducing adverse environmental 13 effects; providing that the governing board of a water 14 management district may contract with self-suppliers 15 for the purpose of carrying out its powers; amending 16 s. 373.709, F.S.; providing that certain planning by 17 the governing board of a water management district 18 must be conducted in coordination and cooperation with 19 the Department of Agriculture and Consumer Services, 20 among other interested parties; requiring that certain 21 agricultural demand projections be based upon the best 22 available data and providing considerations to 23 determine the best available data; requiring certain 24 information if there is a deviation from the data 25 provided by the Department of Agriculture and Consumer 26 Services; authorizing certain users to propose 27 specific projects for inclusion in the list of water 28 supply development project options; removing 29 references to alternative water supply projects; 30 requiring water management districts to assist in 31 developing multijurisdictional approaches to water 32 supply project development jointly with affected self 33 suppliers in certain areas; amending s. 570.076, F.S.; 34 conforming a cross-reference; amending s. 570.085, 35 F.S.; requiring the Department of Agriculture and 36 Consumer Services to establish an agricultural water 37 supply planning program that includes certain data; 38 providing criteria for development of data; providing 39 an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Subsection (3) of section 373.701, Florida 44 Statutes, is amended to read: 45 373.701 Declaration of policy.—It is declared to be the 46 policy of the Legislature: 47 (3) Cooperative efforts between municipalities, counties, 48 utility companies, private landowners, water consumers, water 49 management districts,andthe Department of Environmental 50 Protection, and the Department of Agriculture and Consumer 51 Services are necessarymandatoryin order to meetthewater 52 needsof rapidly urbanizing areasin a manner that will supply 53 adequate and dependable supplies of water where needed without 54 resulting in adverse effects upon the areas from whichsuch55 water is withdrawn. Such efforts should employuseall practical 56 means of obtaining water, including, but not limited to, 57 withdrawals of surface water and groundwater, reuse, and 58 desalination, and will requirenecessitate not onlycooperation 59 andbut alsowell-coordinated activities. Municipalities, 60 counties, and special districts are encouraged to create 61 multijurisdictional water supply entities or regional water 62 supply authorities as authorized in s. 373.713or63multijurisdictional water supply entities. 64 Section 2. Subsections (1), (2), and (9) of section 65 373.703, Florida Statutes, are amended to read: 66 373.703 Water production; general powers and duties.—In the 67 performance of, and in conjunction with, its other powers and 68 duties, the governing board of a water management district 69 existing pursuant to this chapter: 70 (1) Shall engage in planning to assist counties, 71 municipalities, special districts, publicly owned and privately 72 owned water utilities, multijurisdictional water supply 73 entities,orregional water supply authorities, or self 74 suppliers in meeting water supply needs in such manner as will 75 give priority to encouraging conservation and reducing adverse 76 environmental effects of improper or excessive withdrawals of 77 water from concentrated areas. As used in this section and s. 78 373.707, regional water supply authorities are regional water 79 authorities created under s. 373.713 or other laws of this 80 state. 81 (2) Shall assist counties, municipalities, special 82 districts, publicly owned or privately owned water utilities, 83 multijurisdictional water supply entities,orregional water 84 supply authorities, or self-suppliers in meeting water supply 85 needs in such manner as will give priority to encouraging 86 conservation and reducing adverse environmental effects of 87 improper or excessive withdrawals of water from concentrated 88 areas. 89 (9) May join with one or more other water management 90 districts, counties, municipalities, special districts, publicly 91 owned or privately owned water utilities, multijurisdictional 92 water supply entities,orregional water supply authorities, or 93 self-suppliers for the purpose of carrying outany ofits 94 powers, and may contract with such other entities to finance 95 acquisitions, construction, operation, and maintenance, provided 96 that such contracts are consistent with the public interest. The 97 contract may provide for contributions to be made by each party 98 to the contractthereto,for the division and apportionment of 99 the expenses of acquisitions, construction, operation, and 100 maintenance, and for the division and apportionment of resulting 101thebenefits, services, and productstherefrom. The contracts 102 may contain other covenants and agreements necessary and 103 appropriate to accomplish their purposes. 104 Section 3. Subsection (1), paragraph (a) of subsection (2), 105 and subsection (3) of section 373.709, Florida Statutes, is 106 amended to read: 107 373.709 Regional water supply planning.— 108 (1) The governing board of each water management district 109 shall conduct water supply planning for aanywater supply 110 planning region within the district identified in the 111 appropriate district water supply plan under s. 373.036, where 112 it determines that existing sources of water are not adequate to 113 supply water for all existing and future reasonable-beneficial 114 uses and to sustain the water resources and related natural 115 systems for the planning period. The planning must be conducted 116 in an open public process, in coordination and cooperation with 117 local governments, regional water supply authorities, 118 government-owned and privately owned water and wastewater 119 utilities, multijurisdictional water supply entities, self 120 suppliers, reuse utilities, the Department of Environmental 121 Protection, the Department of Agriculture and Consumer Services, 122 and other affected and interested parties. The districts shall 123 actively engage in public education and outreach to all affected 124 local entities and their officials, as well as members of the 125 public, in the planning process and in seeking input. During 126 preparation, but beforeprior tocompletion of the regional 127 water supply plan, the district shallmustconduct at least one 128 public workshop to discuss the technical data and modeling tools 129 anticipated to be used to support the regional water supply 130 plan. The district shall also hold several public meetings to 131 communicate the status, overall conceptual intent, and impacts 132 of the plan on existing and future reasonable-beneficial uses 133 and related natural systems. During the planning process, a 134 local government may choose to prepare its own water supply 135 assessment to determine if existing water sources are adequate 136 to meet existing and projected reasonable-beneficial needs of 137 the local government while sustaining water resources and 138 related natural systems. The local government shall submit such 139 assessment, including the data and methodology used, to the 140 district. The district shall consider the local government’s 141 assessment during the formation of the plan. A determination by 142 the governing board that initiation of a regional water supply 143 plan for a specific planning region is not needed pursuant to 144 this section isshall besubject to s. 120.569. The governing 145 board shall reevaluate thesuch adetermination at least once 146 every 5 years and shall initiate a regional water supply plan, 147 if needed, pursuant to this subsection. 148 (2) Each regional water supply plan mustshallbe based on 149 at least a 20-year planning period and mustshallinclude, but 150 need not be limited to: 151 (a) A water supply development component for each water 152 supply planning region identified by the district which 153 includes: 154 1. A quantification of the water supply needs for all 155 existing and future reasonable-beneficial uses within the 156 planning horizon. The level-of-certainty planning goal 157 associated with identifying the water supply needs of existing 158 and future reasonable-beneficial uses mustshallbe based upon 159 meeting those needs for a 1-in-10-year drought event. 160 a. Population projections used for determining public water 161 supply needs must be based upon the best available data. In 162 determining the best available data, the district shall consider 163 the University of Florida’s Bureau of Economic and Business 164 Research (BEBR) medium population projections andanypopulation 165 projection data and analysis submitted by a local government 166 pursuant to the public workshop described in subsection (1) if 167 the data and analysis support the local government’s 168 comprehensive plan. Any adjustment of or deviation from the BEBR 169 projections must be fully described, and the original BEBR data 170 must be presented along with the adjusted data. 171 b. Agricultural demand projections used for determining the 172 needs of agricultural self-suppliers must be based upon the best 173 available data. In determining the best available data for 174 agricultural self-supplied water needs, the district shall 175 consider the data indicative of future water supply demands 176 provided by the Department of Agriculture and Consumer Services 177 pursuant to s. 570.085 and agricultural demand projection data 178 and analysis submitted by a local government pursuant to the 179 public workshop described in subsection (1), if the data and 180 analysis support the local government’s comprehensive plan. Any 181 adjustment of or deviation from the data provided by the 182 Department of Agriculture and Consumer Services must be fully 183 described, and the original data must be presented along with 184 the adjusted data. 185 2. A list of water supply development project options, 186 including traditional and alternative water supply project 187 options, from which local government, government-owned and 188 privately owned utilities, regional water supply authorities, 189 multijurisdictional water supply entities, self-suppliers, and 190 others may choose for water supply development. In addition to 191 projects listed by the district, such users may propose specific 192 projects for inclusion in the list of alternative water supply 193 projects. If such users propose a project to be listed as an 194 alternative water supply project, the district shall determine 195 whether it meets the goals of the plan, and, if so, it shall be 196 included in the list. The total capacity of the projects 197 included in the plan mustshallexceed the needs identified in 198 subparagraph 1. andshalltake into account water conservation 199 and other demand management measures, as well as water resources 200 constraints, including adopted minimum flows and levels and 201 water reservations. Where the district determines it is 202 appropriate, the plan should specifically identify the need for 203 multijurisdictional approaches to project options that, based on 204 planning level analysis, are appropriate to supply the intended 205 uses and that, based on such analysis, appear to be permittable 206 and financially and technically feasible. The list of water 207 supply development options must contain provisions that 208 recognize that alternative water supply options for agricultural 209 self-suppliers are limited. 210 3. For each project option identified in subparagraph 2., 211 the following mustshallbe provided: 212 a. An estimate of the amount of water to become available 213 through the project. 214 b. The timeframe in which the project option should be 215 implemented and the estimated planning-level costs for capital 216 investment and operating and maintaining the project. 217 c. An analysis of funding needs and sources of possible 218 funding options. For alternative water supply projects, the 219 water management districts shall provide funding assistance in 220 accordance with s. 373.707(8). 221 d. Identification of the entity that should implement each 222 project option and the current status of project implementation. 223 (3) The water supply development component of a regional 224 water supply plan which deals with or affects public utilities 225 and public water supply for those areas served by a regional 226 water supply authority and its member governments within the 227 boundary of the Southwest Florida Water Management District 228 shall be developed jointly by the authority and the district. In 229 areas not served by regional water supply authorities, or other 230 multijurisdictional water supply entities, and where 231 opportunities exist to meet water supply needs more efficiently 232 through multijurisdictional projects identified pursuant to 233 paragraph (2)(a), water management districts are directed to 234 assist in developing multijurisdictional approaches to water 235 supply project development jointly with affected water 236 utilities, special districts, self-suppliers, and local 237 governments. 238 Section 4. Paragraph (c) of subsection (2) of section 239 570.076, Florida Statutes, is amended to read: 240 570.076 Environmental Stewardship Certification Program. 241 The department may, by rule, establish the Environmental 242 Stewardship Certification Program consistent with this section. 243 A rule adopted under this section must be developed in 244 consultation with state universities, agricultural 245 organizations, and other interested parties. 246 (2) The department shall provide an agricultural 247 certification under this program for implementation of one or 248 more of the following criteria: 249 (c) Best management practices adopted by rule pursuant to 250 s. 403.067(7)(c) or s. 570.085(1)(b)570.085(2). 251 Section 5. Section 570.085, Florida Statutes, is amended to 252 read: 253 570.085 Department of Agriculture and Consumer Services; 254 agricultural water conservation and agricultural water supply 255 planning.— 256 (1) The department shall establish an agricultural water 257 conservation program that includes the following: 258 (a)(1)A cost-share program, coordinated where appropriate 259 with the United States Department of Agriculture and other 260 federal, state, regional, and local agencies, for irrigation 261 system retrofit and application of mobile irrigation laboratory 262 evaluations for water conservation as provided in this section 263 and, where applicable, for water quality improvement pursuant to 264 s. 403.067(7)(c). 265 (b)(2)The development and implementation of voluntary 266 interim measures or best management practices, adopted by rule, 267 which provide for increased efficiencies in the use and 268 management of water for agricultural production. In the process 269 of developing and adopting rules for interim measures or best 270 management practices, the department shall consult with the 271 Department of Environmental Protection and the water management 272 districts. Such rules may also include a system to assure the 273 implementation of the practices, including recordkeeping 274 requirements. As new information regarding efficient 275 agricultural water use and management becomes available, the 276 department shall reevaluate and revise as needed, the interim 277 measures or best management practices. The interim measures or 278 best management practices may include irrigation retrofit, 279 implementation of mobile irrigation laboratory evaluations and 280 recommendations, water resource augmentation, and integrated 281 water management systems for drought management and flood 282 control and should, to the maximum extent practicable, be 283 designed to qualify for regulatory incentives and other 284 incentives, as determined by the agency having applicable 285 statutory authority. 286 (c)(3)Provision of assistance to the water management 287 districts in the development and implementation of a consistent, 288 to the extent practicable, methodology for the efficient 289 allocation of water for agricultural irrigation. 290 (2) The department shall establish an agricultural water 291 supply planning program that includes the following: 292 (a) The development of data indicative of future 293 agricultural water supply demands which must be: 294 1. Based on at least a 20-year planning period. 295 2. Provided to each water management district. 296 3. Considered by each water management district in 297 accordance with ss. 373.036(2) and 373.709(2)(a)1.b. 298 (b) The data on future agricultural water supply demands 299 which are provided to each district must include, but need not 300 be limited to: 301 1. Applicable agricultural crop types or categories. 302 2. Historic estimates of irrigated acreage, current 303 estimates of irrigated acreage, and future projections of 304 irrigated acreage for each applicable crop type or category, 305 spatially for each county, including the historic and current 306 methods and assumptions used to generate the spatial acreage 307 estimates and projections. 308 3. Crop type or category water use coefficients for a 1-in 309 10 year drought and average year used in calculating historic 310 and current water demands and projected future water demands, 311 including data, methods, and assumptions used to generate the 312 coefficients. Estimates of historic and current water demands 313 must take into account actual metered data as available. 314 Projected future water demands must incorporate appropriate 315 potential water conservation factors based upon data collected 316 as part of the department’s agricultural water conservation 317 program pursuant to subsection (1). 318 4. An evaluation of significant uncertainties affecting 319 agricultural production which may require a range of projections 320 for future agricultural water supply demands. 321 (c) In developing the data on future agricultural water 322 supply needs described in paragraph (b), the department shall 323 consult with the agricultural industry, the University of 324 Florida Institute of Food and Agricultural Sciences, the 325 Department of Environmental Protection, the water management 326 districts, the National Agricultural Statistics Service, and the 327 United States Geological Survey. 328 (d) The department shall coordinate with each water 329 management district to establish a schedule for provision of 330 data on agricultural water supply needs in order to comply with 331 water supply planning provisions in ss. 373.036(2) and 332 373.709(2)(a)1.b. 333 Section 6. This act shall take effect July 1, 2013.