Bill Text: FL S1178 | 2012 | Regular Session | Comm Sub


Bill Title: Water Management

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Failed) 2012-03-09 - Died in Budget, companion bill(s) passed, see CS/HB 1389 (Ch. [S1178 Detail]

Download: Florida-2012-S1178-Comm_Sub.html
       Florida Senate - 2012               CS for CS for CS for SB 1178
       
       
       
       By the Committees on Budget Subcommittee on General Government
       Appropriations; Community Affairs; and Environmental
       Preservation and Conservation; and Senator Hays
       
       
       601-04288-12                                          20121178c3
    1                        A bill to be entitled                      
    2         An act relating to water management; amending s.
    3         373.042, F.S.; requiring water management districts to
    4         include certain reservations and water bodies in
    5         priority lists and schedules; providing for the
    6         adoption of certain reservations and minimum flows and
    7         levels by the Department of Environmental Protection;
    8         requiring water management districts to apply, without
    9         adopting by rule, reservations, minimum flows and
   10         levels, and recovery and prevention strategies adopted
   11         by the department; amending s. 373.046, F.S.;
   12         authorizing water management districts to enter into
   13         interagency agreements for resource management
   14         activities, studies, or projects under specified
   15         conditions; requiring that the district providing the
   16         funding for an activity, study, or project ensure that
   17         some or all of the benefits accrue to the funding
   18         district; providing applicability; amending s.
   19         373.171, F.S.; exempting cooperative funding programs
   20         from certain rulemaking requirements; amending s.
   21         373.236, F.S.; specifying conditions for the issuance
   22         of permits for the development of alternative water
   23         supplies; requiring that certain permits be granted
   24         for at least 30 years; requiring that such permits be
   25         extended under specified conditions; providing for a
   26         reduction in permitted water quantities during
   27         compliance reviews under certain circumstances;
   28         excluding from application of the act a permit for
   29         nonbrackish groundwater or nonalternative water
   30         supplies; providing an option for the duration of an
   31         alternative water supply permit to a county, special
   32         district, regional water supply authority,
   33         multijurisdictional water supply entity, or publicly
   34         or privately owned utility; amending s. 373.605, F.S.;
   35         authorizing water management districts to provide
   36         group insurance for employees of other water
   37         management districts; removing obsolete provisions;
   38         amending s. 373.709, F.S., relating to regional water
   39         supply planning; removing a reference to the Southwest
   40         Florida Water Management District; requiring a
   41         regional water supply authority and the applicable
   42         water management district to jointly develop the water
   43         supply component of the regional water supply plan;
   44         creating the Study Committee on Investor-Owned Water
   45         and Wastewater Utility Systems; providing for
   46         membership and terms of service; prohibiting
   47         compensation of the members; providing for
   48         reimbursement of the members for certain expenses;
   49         providing for removal or suspension of members by the
   50         appointing authority; requiring the Public Service
   51         Commission to provide staff, information, assistance,
   52         and facilities that are deemed necessary for the
   53         committee to perform its duties; providing for funding
   54         from the Florida Public Service Regulatory Trust Fund;
   55         providing duties of the committee; providing for
   56         public meetings; requiring the committee to report its
   57         findings to the Governor, the Legislature, and
   58         appropriate agencies and make certain recommendations;
   59         providing for future termination of the committee;
   60         providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Present subsections (4) and (5) of section
   65  373.042, Florida Statutes, are redesignated as subsections (5)
   66  and (6), respectively, a new subsection (4) is added to that
   67  section, and subsection (2) of that section is amended, to read:
   68         373.042 Minimum flows and levels.—
   69         (2) By November 15, 1997, and annually thereafter, each
   70  water management district shall submit to the department for
   71  review and approval a priority list and schedule for the
   72  establishment of minimum flows and levels for surface
   73  watercourses, aquifers, and surface waters within the district.
   74  The priority list and schedule shall also identify those listed
   75  water bodies for which the district will voluntarily undertake
   76  independent scientific peer review, any reservations proposed by
   77  the district to be established pursuant to s. 373.223(4), and
   78  those listed water bodies that have the potential to be affected
   79  by withdrawals in an adjacent district for which department
   80  adoption of a reservation pursuant to s. 373.223(4) or a minimum
   81  flow or level pursuant to subsection (1) may be appropriate. By
   82  March 1, 2006, and annually thereafter, each water management
   83  district shall include its approved priority list and schedule
   84  in the consolidated annual report required by s. 373.036(7). The
   85  priority list shall be based upon the importance of the waters
   86  to the state or region and the existence of or potential for
   87  significant harm to the water resources or ecology of the state
   88  or region, and shall include those waters which are experiencing
   89  or may reasonably be expected to experience adverse impacts.
   90  Each water management district’s priority list and schedule
   91  shall include all first magnitude springs, and all second
   92  magnitude springs within state or federally owned lands
   93  purchased for conservation purposes. The specific schedule for
   94  establishment of spring minimum flows and levels shall be
   95  commensurate with the existing or potential threat to spring
   96  flow from consumptive uses. Springs within the Suwannee River
   97  Water Management District, or second magnitude springs in other
   98  areas of the state, need not be included on the priority list if
   99  the water management district submits a report to the Department
  100  of Environmental Protection demonstrating that adverse impacts
  101  are not now occurring nor are reasonably expected to occur from
  102  consumptive uses during the next 20 years. The priority list and
  103  schedule shall not be subject to any proceeding pursuant to
  104  chapter 120. Except as provided in subsection (3), the
  105  development of a priority list and compliance with the schedule
  106  for the establishment of minimum flows and levels pursuant to
  107  this subsection shall satisfy the requirements of subsection
  108  (1).
  109         (4) A water management district shall provide the
  110  department with technical information and staff support for the
  111  development of a reservation, minimum flow or level, or recovery
  112  or prevention strategy to be adopted by rule by the department.
  113  A reservation, minimum flow or level, or recovery or prevention
  114  strategy adopted by rule by the department shall be applied by
  115  the water management districts without adoption of such
  116  reservation, minimum flow or level, or recovery or prevention
  117  strategy by rule.
  118         Section 2. Subsection (7) is added to section 373.046,
  119  Florida Statutes, to read:
  120         373.046 Interagency agreements.—
  121         (7) If the geographic area of a resource management
  122  activity, study, or project crosses water management district
  123  boundaries, the affected districts may designate a single
  124  affected district to conduct all or part of the applicable
  125  resource management responsibilities under this chapter, with
  126  the exception of those regulatory responsibilities that are
  127  subject to subsection (6). If funding assistance is provided to
  128  a resource management activity, study, or project, the district
  129  providing the funding must ensure that some or all of the
  130  benefits accrue to the funding district. This subsection does
  131  not impair any interagency agreement in effect on July 1, 2012.
  132         Section 3. Subsection (5) is added to section 373.171,
  133  Florida Statutes, to read:
  134         373.171 Rules.—
  135         (5) Cooperative funding programs are not subject to the
  136  rulemaking requirements of chapter 120. However, any portion of
  137  an approved program which affects the substantial interests of a
  138  party is subject to s. 120.569.
  139         Section 4. Subsection (5) of section 373.236, Florida
  140  Statutes, is amended to read:
  141         373.236 Duration of permits; compliance reports.—
  142         (5)(a) Permits approved for the development of alternative
  143  water supplies shall be granted for a term of at least 20 years
  144  if there is sufficient data to provide reasonable assurance that
  145  the conditions for permit issuance will be met for the duration
  146  of the permit. However, if the permittee issues bonds for the
  147  construction of the project, upon request of the permittee
  148  before prior to the expiration of the permit, the that permit
  149  shall be extended for such additional time as is required for
  150  the retirement of bonds, not including any refunding or
  151  refinancing of such bonds, if provided that the governing board
  152  determines that the use will continue to meet the conditions for
  153  the issuance of the permit. Such a permit is subject to
  154  compliance reports under subsection (4).
  155         (b)1.Permits approved on or after July 1, 2012, for the
  156  development of alternative water supplies shall be granted for a
  157  term of at least 30 years if there is sufficient data to provide
  158  reasonable assurance that the conditions for permit issuance
  159  will be met for the duration of the permit. If, within 7 years
  160  after a permit is granted, the permittee issues bonds to finance
  161  the project, completes construction of the project, and requests
  162  an extension of the permit duration, the permit shall be
  163  extended to expire upon the retirement of such bonds or 30 years
  164  after the date construction of the project is complete,
  165  whichever occurs later. However, a permit’s duration may not be
  166  extended by more than 7 years beyond the permit’s original
  167  expiration date. A 7-year permit extension, as described in this
  168  subparagraph, shall be applicable to any 30-year permit for the
  169  development of alternative water supplies granted between June
  170  1, 2011, and July 1, 2012.
  171         2.Permits issued under this paragraph are subject to
  172  compliance reports under subsection (4). However, if the
  173  permittee demonstrates that bonds issued to finance the project
  174  are outstanding, the quantity of alternative water allocated in
  175  the permit may not be reduced during a compliance report review
  176  unless a reduction is needed to address unanticipated harm to
  177  water resources or to existing legal uses present when the
  178  permit was issued. A reduction required by an applicable water
  179  shortage order shall apply to permits issued under this
  180  paragraph.
  181         3. Permits issued under this paragraph may not authorize
  182  the use of nonbrackish groundwater supplies or nonalternative
  183  water supplies.
  184         (c) Entities that wish to develop alternative water
  185  supplies may apply for a permit under paragraph (a) or paragraph
  186  (b).
  187         Section 5. Section 373.605, Florida Statutes, is amended to
  188  read:
  189         373.605 Group insurance for water management districts.—
  190         (1) The governing board of a any water management district
  191  may is hereby authorized and empowered to provide group
  192  insurance for its employees in the same manner and with the same
  193  provisions and limitations authorized for other public employees
  194  by ss. 112.08, 112.09, 112.10, 112.11, and 112.14.
  195         (2) The governing board of a water management district may
  196  provide group insurance for its employees and the employees of
  197  another water management district in the same manner and with
  198  the same provisions and limitations authorized for other public
  199  employees by ss. 112.08, 112.09, 112.10, 112.11, and 112.14. Any
  200  and all insurance agreements in effect as of October 1, 1974,
  201  which conform to the provisions of this section are hereby
  202  ratified.
  203         Section 6. Subsection (3) of section 373.709, Florida
  204  Statutes, is amended to read:
  205         373.709 Regional water supply planning.—
  206         (3) The water supply development component of a regional
  207  water supply plan which deals with or affects public utilities
  208  and public water supply for those areas served by a regional
  209  water supply authority and its member governments within the
  210  boundary of the Southwest Florida Water Management District
  211  shall be developed jointly by the authority and the applicable
  212  water management district. In areas not served by regional water
  213  supply authorities, or other multijurisdictional water supply
  214  entities, and where opportunities exist to meet water supply
  215  needs more efficiently through multijurisdictional projects
  216  identified pursuant to paragraph (2)(a), water management
  217  districts are directed to assist in developing
  218  multijurisdictional approaches to water supply project
  219  development jointly with affected water utilities, special
  220  districts, and local governments.
  221         Section 7. Study Committee on Investor-Owned Water and
  222  Wastewater Utility Systems.—
  223         (1) There is created a Study Committee on Investor-Owned
  224  Water and Wastewater Utility Systems, which shall be composed of
  225  18 residents of the state designated and appointed as follows:
  226         (a) The chair of the Public Service Commission or a
  227  commissioner designated by the chair, who shall serve as chair
  228  of the committee and shall be a nonvoting member of the
  229  committee.
  230         (b) The Secretary of Environmental Protection or his or her
  231  designee, who shall be a nonvoting member of the committee.
  232         (c) The Public Counsel or his or her designee, who shall be
  233  a nonvoting member of the committee.
  234         (d) One member of the Senate appointed by the President of
  235  the Senate.
  236         (e) One member of the House of Representatives appointed by
  237  the Speaker of the House of Representatives.
  238         (f) Two representatives of Class A investor-owned water or
  239  wastewater utilities appointed by the Governor.
  240         (g) One representative of a Class B investor-owned water or
  241  wastewater utility appointed by the Governor.
  242         (h) One representative of a Class C investor-owned water or
  243  wastewater utility appointed by the Governor.
  244         (i) One customer of a Class A investor-owned water or
  245  wastewater utility appointed by the Governor.
  246         (j) One customer of a Class B or Class C investor-owned
  247  water or wastewater utility appointed by the Governor.
  248         (k) One representative of a water management district
  249  appointed by the Governor.
  250         (l) One representative of the Florida Section of the
  251  American Water Works Association appointed by the Governor.
  252         (m) One representative of the Florida Rural Water
  253  Association appointed by the Governor.
  254         (n) One representative of a water or wastewater system
  255  owned or operated by a municipal or county government appointed
  256  by the Governor.
  257         (o) One representative of a governmental authority that is
  258  created pursuant to chapter 163, Florida Statutes, appointed by
  259  the Governor.
  260         (p) The chair of a county commission that regulates
  261  investor-owned water or wastewater utility systems appointed by
  262  the Governor.
  263         (q) One representative of a county health department
  264  appointed by the Governor.
  265         (2) The members shall serve until the work of the committee
  266  is complete and the committee is terminated, except that if a
  267  member no longer serves in the position required for
  268  appointment, the member shall be replaced by the individual who
  269  serves in such position.
  270         (3) Members of the committee shall serve without
  271  compensation, but are entitled to reimbursement for all
  272  reasonable and necessary expenses, including travel expenses, in
  273  the performance of their duties as provided in s. 112.061,
  274  Florida Statutes.
  275         (4) An appointing authority may remove or suspend a member
  276  appointed by it for cause, including, but not limited to,
  277  failure to attend two or more meetings of the committee.
  278         (5) The Public Service Commission shall provide the staff,
  279  information, assistance, and facilities as are deemed necessary
  280  for the committee to carry out its duties under this section.
  281  Funding for the committee shall be paid from the Florida Public
  282  Service Regulatory Trust Fund.
  283         (6) The committee shall identify issues of concern of
  284  investor-owned water and wastewater utility systems,
  285  particularly small systems, and their customers and research
  286  possible solutions. In addition, the committee shall consider:
  287         (a) The ability of a small investor-owned water or
  288  wastewater utility to achieve economies of scale when purchasing
  289  equipment, commodities, or services.
  290         (b) The availability of low interest loans to a small,
  291  privately owned water or wastewater utility.
  292         (c) Any tax incentives or exemptions, temporary or
  293  permanent, which are available to a small water or wastewater
  294  utility.
  295         (d) The impact on customer rates if a utility purchases an
  296  existing water or wastewater utility system.
  297         (e) The impact on customer rates of a utility providing
  298  service through the use of a reseller.
  299         (f) Other issues that the committee identifies during its
  300  investigation.
  301         (7) The committee shall meet at the time and location as
  302  the chair determines, except that the committee shall meet a
  303  minimum of four times. At least two meetings must be held in an
  304  area that is centrally located to utility customers who have
  305  recently been affected by a significant increase in water or
  306  wastewater utility rates. The public shall be given the
  307  opportunity to speak at the meetings.
  308         (8) By February 15, 2013, the committee shall prepare and
  309  submit to the Governor, the President of the Senate, and the
  310  Speaker of the House of Representatives a report detailing its
  311  findings pursuant to subsection (6) and making specific
  312  legislative recommendations, including proposed legislation
  313  intended to implement its recommendations. If the committee, in
  314  its report, finds that an issue may effectively be addressed
  315  through agency rulemaking, the committee shall submit to the
  316  appropriate agencies its report and recommendations, including
  317  proposed rules.
  318         (9) This section expires and the committee terminates June
  319  30, 2013.
  320         Section 8. This act shall take effect July 1, 2012.

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