Bill Text: FL S7062 | 2021 | Regular Session | Comm Sub
Bill Title: Central Florida Water Initiative
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-30 - Died on Calendar, companion bill(s) passed, see HB 1309 (Ch. 2021-153) [S7062 Detail]
Download: Florida-2021-S7062-Comm_Sub.html
Florida Senate - 2021 CS for SB 7062 By the Committees on Appropriations; and Environment and Natural Resources 576-04240-21 20217062c1 1 A bill to be entitled 2 An act relating to the Central Florida Water 3 Initiative; ratifying specified rules relating to the 4 Central Florida Water Initiative, for the sole and 5 exclusive purpose of satisfying any condition on 6 effectiveness pursuant to s. 120.541(3), F.S., which 7 requires ratification of any rule exceeding any 8 specified thresholds for likely adverse impact or 9 increase in regulatory costs; providing applicability; 10 providing a declaration of important state interest; 11 amending s. 373.0465, F.S.; requiring the department, 12 in consultation with specified water management 13 districts, to adopt rules that include an annual 14 drought allocation for supplemental irrigation for 15 agricultural uses and a process for examining an 16 agricultural user’s supplemental irrigation needs as 17 weighed against certain factors; providing for the 18 applicability of specified rules to areas with certain 19 existing recovery strategies; creating s. 373.0466, 20 F.S.; establishing, subject to appropriation, a 21 Central Florida Water Initiative grant program within 22 the department; requiring the department, in 23 cooperation with the relevant water management 24 districts, to distribute appropriated funds for 25 certain projects that benefit the Central Florida 26 Water Initiative Area; providing requirements for the 27 distribution; amending s. 403.8532, F.S.; requiring 28 the department to give funding priority to certain 29 projects relating to the Central Florida Water 30 Initiative; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. (1) The following rule is ratified for the sole 35 and exclusive purpose of satisfying any condition on 36 effectiveness imposed under s. 120.541(3), Florida Statutes: 37 Rules 62-41.300, 62-41.301, 62.41.302, 62-41.303, 62-41.304, and 38 62-41.305, Florida Administrative Code, titled “Central Florida 39 Water Initiative Area,” as published on November 19, 2020, in 40 the Florida Administrative Register, Vol. 46, No. 226, pages 41 5019-5025; February 9, 2021, in the Florida Administrative 42 Register, Vol. 47, No. 26, pages 733-734; and March 26, 2021, in 43 the Florida Administrative Register, Vol. 47, No. 59, pages 44 1506-1507. 45 (2) This section serves no other purpose and shall not be 46 codified in the Florida Statutes. After this act becomes a law, 47 its enactment and effective dates shall be noted in the Florida 48 Administrative Code or the Florida Administrative Register, or 49 both, as appropriate. This section does not constitute 50 legislative preemption of or exception to any provision of law 51 governing adoption or enforcement of the rule cited, and is 52 intended to preserve the status of any cited rule as a rule 53 under chapter 120, Florida Statutes. This section does not cure 54 any rulemaking defect or preempt any challenge based on a 55 violation of the legal requirements governing the adoption of 56 any rule cited. 57 (3) The Legislature determines and declares that this 58 section fulfills an important state interest. 59 Section 2. Paragraph (d) of subsection (2) of section 60 373.0465, Florida Statutes, is amended to read: 61 373.0465 Central Florida Water Initiative.— 62 (2) 63 (d) The department, in consultation with the St. Johns 64 River Water Management District, the South Florida Water 65 Management District, the Southwest Florida Water Management 66 District, and the Department of Agriculture and Consumer 67 Services, shall adopt uniform rules for application within the 68 Central Florida Water Initiative Area that include: 69 1. A single, uniform definition of the term “harmful to the 70 water resources” consistent with the term’s usage in s. 373.219; 71 2. A single method for calculating residential per capita 72 water use; 73 3. A single process for permit reviews; 74 4. A single, consistent process, as appropriate, to set 75 minimum flows and minimum water levels and water reservations; 76 5. A goal for residential per capita water use for each 77 consumptive use permit;and78 6. An annual conservation goal for each consumptive use 79 permit consistent with the regional water supply plan;.80 7. A drought allocation for supplemental irrigation for 81 agricultural uses which is based on a 2-in-10-year rainfall 82 condition or, if the applicant so requests, is based on a 5-in 83 10-year rainfall condition alone or combined with the 2-in-10 84 year condition. The applicable water management district may 85 also condition, for information only purposes, consumptive use 86 permits to advise permittees that their annual use of water 87 should be less than the drought allocation in all years except 88 for the drought condition that is the basis for the allocation 89 or for a more severe drought; and 90 8. A process for the applicable water management district 91 to annually examine an agricultural user’s 5-year moving average 92 supplemental irrigation water use against the annual 93 supplemental irrigation needs in the 5-in-10-year rainfall 94 condition beginning no earlier than 5 years following the 95 effective date of the rules adopted under this section. If this 96 annual examination indicates that the agricultural user’s 5-year 97 moving average use exceeds that needed in such rainfall 98 condition for reasons other than prolonged periods of below 99 average rainfall, the water management district may modify the 100 agricultural user’s permit to include an annual supplemental 101 irrigation allocation based on both the amount of supplemental 102 irrigation required during a 2-in-10-year rainfall condition and 103 the amount of supplemental irrigation required during a 5-in-10 104 year rainfall condition as provided in rules adopted pursuant to 105 this section. In such case, the supplemental irrigation 106 allocation based on the 5-in-10-year rainfall condition shall be 107 valid for only 5 years unless the agricultural user’s 5-year 108 moving average use continues to exceed the amount of 109 supplemental irrigation needed during a 5-in-10-year rainfall 110 condition for reasons other than prolonged periods of drought. 111 112 Subparagraphs 7. and 8. may not be construed to limit the 113 ability of the department or a water management district to 114 establish different supplemental irrigation requirements as part 115 of an existing or future recovery or prevention strategy adopted 116 pursuant to s. 373.0363, s. 373.042, or s. 373.0421. The uniform 117 rules must include existing recovery strategies within the 118 Central Florida Water Initiative Area adopted before July 1, 119 2016. The department may grant variances to the uniform rules if 120 there are unique circumstances or hydrogeological factors that 121 make application of the uniform rules unrealistic or 122 impractical. 123 Section 3. Section 373.0466, Florida Statutes, is created 124 to read: 125 373.0466 Central Florida Water Initiative grant program. 126 Subject to appropriation, a grant program for the Central 127 Florida Water Initiative is established within the Department of 128 Environmental Protection. 129 (1) The department, in cooperation with the relevant water 130 management districts, shall provide grants for projects that 131 benefit the Central Florida Water Initiative Area which promote 132 alternative water supplies and protect groundwater resources. 133 (2) In allocating such funds, priority must be given to 134 projects that use reclaimed water, create new surface water 135 storage, enhance natural systems, recharge groundwater, optimize 136 beneficial uses of water, expand water conservation programs, or 137 are able to demonstrate that a significant financial hardship 138 exists as a result of complying with rules applicable to the 139 Central Florida Water Initiative Area. 140 Section 4. Paragraph (a) of subsection (9) of section 141 403.8532, Florida Statutes, is amended to read: 142 403.8532 Drinking water state revolving loan fund; use; 143 rules.— 144 (9) The department may adopt rules regarding the procedural 145 and contractual relationship between the department and the 146 corporation under s. 403.1837 and to carry out the purposes of 147 this section and the federal Safe Drinking Water Act, as 148 amended. Such rules shall: 149 (a) Set forth a priority system for loans based on public 150 health considerations, compliance with state and federal 151 requirements relating to public drinking water systems, and 152 affordability. The priority system mustshallgive special 153 consideration to: 154 1. Projects that provide for the development of alternative 155 drinking water supply projects and management techniques in 156 areas where existing source waters are limited or threatened by 157 saltwater intrusion, excessive drawdowns, contamination, or 158 other problems; 159 2. Projects that provide for a dependable, sustainable 160 supply of drinking water and that are not otherwise financially 161 feasible;and162 3. Projects that contribute to the sustainability of 163 regional water sources; and 164 4. Projects that implement water supply plans and develop 165 water sources as an alternative to continued reliance on the 166 Floridan Aquifer, pursuant to s. 373.0465. 167 Section 5. This act shall take effect upon becoming a law.