December 15, 2019
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       Florida Senate - 2010                                    SB 2080
       
       
       
       By Senator Aronberg
       
       
       
       
       27-01549-10                                           20102080__
    1                        A bill to be entitled                      
    2         An act relating to water conservation; amending s.
    3         373.227, F.S.; revising the components for a
    4         comprehensive statewide water conservation program;
    5         specifying that the program includes the creation of a
    6         Conserve Florida Clearinghouse and a Conserve Florida
    7         Clearinghouse Guide by the Department of Environmental
    8         Protection; providing for the guide to be used for
    9         certain purposes; deleting an obsolete provision;
   10         requiring a public water supply utility that develops
   11         a goal-based water conservation plan to submit the
   12         plan to the appropriate water management district for
   13         approval; providing standards for approval; providing
   14         an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 373.227, Florida Statutes, is amended to
   19  read:
   20         373.227 Water conservation; legislative findings;
   21  legislative intent; objectives; Comprehensive statewide water
   22  conservation program requirements.—
   23         (1) The Legislature recognizes that the proper conservation
   24  of water is an important means for of achieving the economical
   25  and efficient utilization of water necessary, in part, to
   26  constitute a reasonable-beneficial use. The overall water
   27  conservation goal of the state is to prevent and reduce
   28  wasteful, uneconomical, impractical, or unreasonable use of
   29  water resources. The Legislature finds that the social,
   30  economic, and cultural conditions of the state relating to the
   31  use of public water supply vary by service area and that public
   32  water supply utilities must have the flexibility to tailor water
   33  conservation measures to best suit their individual
   34  circumstances. The Legislature encourages the use of efficient,
   35  effective, and affordable water conservation measures. Where
   36  water is provided by a public water supply utility, the
   37  Legislature intends that a variety of conservation measures be
   38  made available and used to encourage efficient water use. To
   39  achieve these conservation objectives, the state should
   40  emphasize goal-based, accountable, tailored, and measurable
   41  water conservation programs for public water supply. For
   42  purposes of this section, the term “public water supply utility”
   43  includes both publicly owned and privately owned public water
   44  supply utilities that sell potable water on a retail basis to
   45  end users.
   46         (2) To implement the findings in subsection (1), the
   47  department, in cooperation with the water management districts
   48  and other stakeholders, shall develop a comprehensive statewide
   49  water conservation program for public water supply. The program
   50  should:
   51         (a) Encourage utilities to implement water conservation
   52  programs that are economically efficient, effective, affordable,
   53  and appropriate;
   54         (b) Allow no reduction in, and increase where possible,
   55  utility-specific water conservation effectiveness over current
   56  programs;
   57         (c) Be goal-based, accountable, and measurable, and be
   58  implemented collaboratively with water suppliers, water users,
   59  and water management agencies;
   60         (d) Include cost and benefit data on individual water
   61  conservation practices to assist in tailoring practices to be
   62  effective for the unique characteristics of particular utility
   63  service areas, focusing upon cost-effective measures;
   64         (e) Use standardized public water supply conservation
   65  definitions and standardized quantitative and qualitative
   66  performance measures for an overall system of assessing and
   67  benchmarking the effectiveness of water conservation programs
   68  and practices;
   69         (f)Develop a standardized water conservation planning
   70  process for utilities;
   71         (g)(f) Create the Conserve Florida a Clearinghouse to make
   72  or inventory for water conservation programs and practices
   73  available to public water supply utilities and which will
   74  provide an integrated statewide database for the collection,
   75  evaluation, and dissemination of quantitative and qualitative
   76  information on public water supply conservation programs and
   77  practices and their effectiveness. The clearinghouse or
   78  inventory should have technical assistance capabilities to aid
   79  in the design, refinement, and implementation of water
   80  conservation programs and practices. The clearinghouse or
   81  inventory shall also provide for continual assessment of the
   82  effectiveness of water conservation programs and practices; and
   83         (g)Develop a standardized water conservation planning
   84  process for utilities; and
   85         (h) Develop and maintain a Florida-specific water Conserve
   86  Florida Clearinghouse Guide that contains conservation guidance
   87  document containing a menu of affordable and effective water
   88  conservation practices to assist public water supply utilities
   89  in designing and implementing the design and implementation of
   90  goal-based, utility-specific water conservation plans tailored
   91  to for their individual service areas as provided in subsection
   92  (5) (4).
   93         (3) The Conserve Florida Clearinghouse Guide developed
   94  pursuant to paragraph (2)(h) is an appropriate tool for
   95  assisting public water suppliers with developing a plan to
   96  achieve the water conservation requirements necessary for
   97  obtaining a consumptive use permit. Water management districts
   98  and public water supply utilities are encouraged to use the
   99  guide for developing water conservation plans, reporting on the
  100  implementation of water conservation practices and measures
  101  included in consumptive use permits, evaluating proposals for
  102  financial cost sharing of water conservation activities, and
  103  assessing the effectiveness of water conservation projects.
  104         (4)(3)If a public water supply utility is using Regarding
  105  the use of water conservation or drought rate structures as a
  106  conservation practice, a water management district shall afford
  107  the a public water supply utility wide latitude in selecting a
  108  rate structure and shall limit its review to whether the utility
  109  has provided reasonable assurance that the rate structure
  110  contains a schedule of rates designed to promote efficient use
  111  of water through the use of by providing economic incentives. A
  112  water management district may shall not fix or revise rates.
  113         (5)(4) As part of an application for a consumptive use
  114  permit, a public water supply utility may propose a goal-based
  115  water conservation plan that is tailored to its individual
  116  circumstances as a partial or entire alternative to the water
  117  conservation requirements adopted by the appropriate water
  118  management district. The utility is encouraged, but not
  119  required, to develop the plan through the use of the Conserve
  120  Florida Clearinghouse Guide. The plan may contain an
  121  implementation schedule and must have a means of measuring
  122  progress toward meeting its stated goals. Progress towards goals
  123  must be measurable. If the utility provides reasonable assurance
  124  that the plan will achieve effective water conservation at least
  125  as well as the water conservation requirements adopted by the
  126  appropriate water management district and is otherwise
  127  consistent with s. 373.223, the district must approve the plan
  128  which shall satisfy water conservation requirements imposed as a
  129  condition of obtaining a consumptive use permit. The
  130  conservation measures included in an approved goal-based water
  131  conservation plan may be reviewed periodically and updated as
  132  needed to ensure efficient water use for the duration of the
  133  permit. If the plan fails to meet the water conservation goal or
  134  goals by the timeframes specified in the permit, the public
  135  water supply utility shall revise the plan to address the
  136  deficiency or employ the water conservation requirements that
  137  would otherwise apply in the absence of an approved goal-based
  138  plan.
  139         (5)By December 1, 2005, the department shall submit a
  140  written report to the President of the Senate, the Speaker of
  141  the House of Representatives, and the appropriate substantive
  142  committees of the Senate and the House of Representatives on the
  143  progress made in implementing the comprehensive statewide water
  144  conservation program for public water supply required by this
  145  section. The report must include any statutory changes and
  146  funding requests necessary for the continued development and
  147  implementation of the program.
  148         (6) If a public water supply utility elects to develop a
  149  goal-based water conservation plan, the utility shall submit the
  150  plan’s goals to the appropriate water management district. The
  151  district shall approve the plan if the utility provides
  152  reasonable assurances that the plan will provide cost-effective
  153  water conservation that results in a reasonable demand for water
  154  considering the customers, service area, and other unique
  155  circumstances of that utility. An approved goal-based
  156  conservation plan must satisfy the water conservation
  157  requirements for obtaining a consumptive use permit. If the plan
  158  fails to meet its water conservation goals by the timeframes
  159  specified in the permit, the utility must revise the plan to
  160  address the deficiency, or at the utility’s option, employ the
  161  water conservation requirements that would otherwise apply in
  162  the absence of an approved goal-based plan.
  163         (7)(6) The department or a water management district may
  164  adopt rules pursuant to ss. 120.536(1) and 120.54 to carry out
  165  the purposes of this section.
  166         Section 2. This act shall take effect July 1, 2010.

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