Senate Bill 7062 (2021) — Central Florida Water Initiative
SB 7062
Florida Bills
Florida Senate - 2021 SB 7062 By the Committee on Environment and Natural Resources 592-03181-21 20217062__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the Central Florida Water 2 Initiative; ratifying specified rules relating to the 3 Central Florida Water Initiative, for the sole and 4 exclusive purpose of satisfying any condition on 5 effectiveness pursuant to s. 120.541(3), F.S., which 6 requires ratification of any rule exceeding any 7 specified thresholds for likely adverse impact or 8 increase in regulatory costs; providing applicability; 9 requiring the Department of Environmental Protection 10 to provide reports relating to implementation of the 11 requirements of the Central Florida Water Initiative 12 rules to the Legislature by specified dates; providing 13 a declaration of important state interest; amending s. 14 373.0465, F.S.; requiring the department, in 15 consultation with specified water management 16 districts, to adopt rules that include an annual 17 supplemental irrigation requirement allocation for 18 agricultural uses and a process for examining an 19 agriculture user’s average annual supplemental 20 irrigation needs; providing for the applicability of 21 specified rules to areas with certain existing 22 recovery strategies; creating s. 373.0466, F.S.; 23 establishing, subject to appropriation, a Central 24 Florida Water Initiative grant program within the 25 department; requiring the department, in cooperation 26 with the relevant water management districts, to 27 distribute appropriated funds for certain projects 28 within the Central Florida Water Initiative Area; 29
Florida Senate - 2021 SB 7062 592-03181-21 20217062__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. providing requirements for the distribution; amending 30 s. 403.8532, F.S.; requiring the department to give 31 funding priority to certain projects relating to the 32 Central Florida Water Initiative; providing an 33 effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37
Section 1.
(1) The following rule is ratified for the sole 38 and exclusive purpose of satisfying any condition on 39 effectiveness imposed under s. 120.541(3), Florida Statutes: 40 Rules 62-41.300, 62-41.301, 62.41.302, 62-41.303, 62-41.304, and 41 62-41.305, Florida Administrative Code, titled “Central Florida 42 Water Initiative Area,” as published on February 9, 2021, in the 43 Florida Administrative Register, Vol. 47, No. 26, pages 733-734. 44
(2) This
section serves no other purpose and shall not be 45 codified in the Florida Statutes. After this act becomes a law, 46 its enactment and effective dates shall be noted in the Florida 47 Administrative Code or the Florida Administrative Register, or 48 both, as appropriate. This
section does not constitute 49 legislative preemption of or exception to any provision of law 50 governing adoption or enforcement of the rule cited, and is 51 intended to preserve the status of any cited rule as a rule 52 under
chapter 120, Florida Statutes. This
section does not cure 53 any rulemaking defect or preempt any challenge based on a 54 violation of the legal requirements governing the adoption of 55 any rule cited. 56
(3) By December 31, 2025, and December 31, 2030, the 57 Department of Environmental Protection shall provide a report to 58
Florida Senate - 2021 SB 7062 592-03181-21 20217062__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. the President of the Senate and the Speaker of the House of 59 Representatives which details methods the department has used to 60 address practical and economic barriers to implementing the 61 requirements of the Central Florida Water Initiative rules, 62 including, but not limited to, variances, offsets, credits, and 63 financial incentives. The report must include a list of the 64 recipients of any such accommodations and the hardship addressed 65 by each accommodation. 66
(4) The Legislature determines and declares that this 67
section fulfills an important state interest. 68
Section 2. Paragraph (
d) of subsection (2) of
section 69 373.0465, Florida Statutes, is amended to read: 70 373.0465 Central Florida Water Initiative.— 71 (2) 72 (
d) The department, in consultation with the St. Johns 73 River Water Management District, the South Florida Water 74 Management District, the Southwest Florida Water Management 75 District, and the Department of Agriculture and Consumer 76 Services, shall adopt uniform rules for application within the 77 Central Florida Water Initiative Area that include: 78 1. A single, uniform definition of the term “harmful to the 79 water resources” consistent with the term’s usage in s. 373.219; 80 2. A single method for calculating residential per capita 81 water use; 82 3. A single process for permit reviews; 83 4.
A single, consistent process, as appropriate, to set 84 minimum flows and minimum water levels and water reservations; 85 5. A goal for residential per capita water use for each 86 consumptive use permit; and 87
Florida Senate - 2021 SB 7062 592-03181-21 20217062__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. 6. An annual conservation goal for each consumptive use 88 permit consistent with the regional water supply plan; 89 7. An annual supplemental irrigation requirement allocation 90 for agricultural uses based on a 2-in-10-year drought condition, 91 or a more frequently occurring drought condition if the 92 applicant so requests; and 93 8.
A process for the applicable water management district 94 to examine an agriculture user’s average annual supplemental 95 irrigation water use over 5-year periods against the annual 96 supplemental irrigation needs in the 5-in-10-year rainfall 97 condition.
If this examination indicates that the agricultural 98 user’s average annual use exceeds that needed in such rainfall 99 condition for reasons other than prolonged periods of below 100 average rainfall, the water management district may request that 101 the agricultural user explain the reason for the exceedance and 102 what measures that user will employ to reduce such future 103 average annual water use to be no greater than that needed in 104 the 5-in-10-year rainfall condition.
However, nothing in this 105 process shall be identified as an allocation. 106 107 Subparagraphs 7. and 8. do not apply to areas where existing 108 recovery strategies within the Central Florida Water Initiative 109 Area adopted before July 1, 2016, contain supplemental 110 irrigation allocation requirements. The uniform rules must 111 include existing recovery strategies within the Central Florida 112 Water Initiative Area adopted before July 1, 2016.
The 113 department may grant variances to the uniform rules if there are 114 unique circumstances or hydrogeological factors that make 115 application of the uniform rules unrealistic or impractical. 116
Florida Senate - 2021 SB 7062 592-03181-21 20217062__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions.
Section
Section 373.0466, Florida Statutes, is created 117 to read: 118 373.0466 Central Florida Water Initiative Grant Program.—119 Subject to appropriation, a grant program for the Central 120 Florida Water Initiative is established within the Department of 121 Environmental Protection. 122
(1) The department, in cooperation with the relevant water 123 management districts, shall provide grants for projects within 124 the Central Florida Water Initiative Area which promote 125 alternative water supplies and protect groundwater resources. 126
(2) In allocating such funds, priority must be given to 127 projects that use reclaimed water, enhance natural systems, 128 recharge groundwater, optimize beneficial uses of water, expand 129 water conservation programs, or are able to demonstrate that a 130 significant financial hardship exists as a result of complying 131 with rules applicable to the Central Florida Water Initiative 132 Area. 133
Section 4. Paragraph (
a) of subsection (9) of
section 134 403.8532, Florida Statutes, is amended to read: 135 403.8532 Drinking water state revolving loan fund; use; 136 rules.— 137
(9) The department may adopt rules regarding the procedural 138 and contractual relationship between the department and the 139 corporation under s. 403.1837 and to carry out the purposes of 140 this
section and the federal Safe Drinking Water Act, as 141 amended. Such rules shall: 142 (
a) Set forth a priority system for loans based on public 143 health considerations, compliance with state and federal 144 requirements relating to public drinking water systems, and 145
Florida Senate - 2021 SB 7062 592-03181-21 20217062__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. affordability. The priority system must shall give special 146 consideration to: 147 1. Projects that provide for the development of alternative 148 drinking water supply projects and management techniques in 149 areas where existing source waters are limited or threatened by 150 saltwater intrusion, excessive drawdowns, contamination, or 151 other problems; 152 2.
Projects that provide for a dependable, sustainable 153 supply of drinking water and that are not otherwise financially 154 feasible; and 155 3. Projects that contribute to the sustainability of 156 regional water sources; and 157 4. Projects that implement water supply plans and develop 158 water sources as an alternative to continued reliance on the 159 Floridan Aquifer, pursuant to s. 373.0465. 160