October 22, 2020
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Amendment CaShTmL-185142.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 444
                        Barcode 185142
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Environmental Preservation (Dockery)
12  recommended the following amendment to amendment (351004):
13  
14         Senate Amendment (with title amendment) 
15         On page 30, between lines 6 and 7,
16  
17  insert:  
18         (Substantial rewording of section.  See
19         s. 373.0361, F.S., for present text)
20         Section 11.  Section 373.0361, Florida Statutes, is
21  created to read:
22         373.0361  Regional water supply planning.--
23         (1)  The governing board of each water management
24  district shall conduct water supply planning for any water
25  supply planning region within the district identified in the
26  appropriate district water supply plan under s. 373.036, where
27  it determines that existing sources of water are not adequate
28  to supply water for all existing and future
29  reasonable-beneficial uses and to sustain the water resources
30  and related natural systems for the planning period. The
31  planning must be conducted in an open public process, in
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    10:08 AM   04/05/05                             s0444.ep15.01a

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 185142 1 coordination and cooperation with local governments, regional 2 water supply authorities, government-owned and privately owned 3 water utilities, self-suppliers, and other affected and 4 interested parties. The districts will actively engage in 5 public education and outreach to all affected local entities 6 and their officials, as well as members of the public, in the 7 planning process and in seeking input. During preparation but 8 prior to completion of the regional water supply plan, the 9 district must conduct at least one public workshop to discuss 10 the technical data and modeling tools anticipated to be used 11 to support the regional water supply plan. The district shall 12 also hold several public meetings to communicate the status, 13 overall conceptual intent, and impacts of the plan on existing 14 and future reasonable-beneficial uses and natural systems. A 15 determination by the governing board that initiation of a 16 regional water supply plan for a specific planning region is 17 not needed pursuant to this section shall be subject to s. 18 120.569. The governing board shall reevaluate such a 19 determination at least once every 5 years and shall initiate a 20 regional water supply plan, if needed, pursuant to this 21 subsection. 22 (2) Each regional water supply plan shall be based on 23 at least a 20-year planning period and shall include, but not 24 be limited to: 25 (a) A water supply development component for each 26 water supply planning region identified by the district that 27 includes: 28 1. A quantification of the water supply needs for all 29 existing and future reasonable-beneficial uses within the 30 planning horizon. The level-of-certainty planning goal 31 associated with identifying the water supply needs of existing 2 10:08 AM 04/05/05 s0444.ep15.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 185142 1 and future reasonable-beneficial uses shall be based upon 2 meeting those needs for a 1-in-10-year drought event. 3 Population projections used for determining public water 4 supply needs must be based upon the best available data. In 5 determining the best available data, the district shall 6 consider the University of Florida's Bureau of Economic and 7 Business Research (BEBR) medium population projections and any 8 population projection data and analysis submitted by a local 9 government pursuant to the public workshop described in 10 subsection (1) if the data and analysis support the local 11 government's comprehensive plan. Any adjustment of or 12 deviation from the BEBR projections must be fully described, 13 and the original BEBR data must be presented along with the 14 adjusted data. 15 2. A list of water supply development project options, 16 including traditional and alternative water supply project 17 options, from which local government, government-owned and 18 privately owned utilities, self-suppliers, and others may 19 choose for water supply development. In addition to projects 20 listed by the district, such users may propose specific 21 projects for inclusion in the list of alternative water supply 22 projects. In the event such users propose a project to be 23 listed as an alternative water supply project, the district 24 shall determine whether it meets the goals of the plan and 25 will be included in the list. The total capacity of the 26 projects or options included in the plan shall exceed the 27 needs identified in subparagraph 1, and shall take into 28 account water conservation and other demand management 29 measures, as well as water resources constraints including 30 adopted minimum flows and levels and water reservations. 31 Where the district determines it is appropriate, the plan 3 10:08 AM 04/05/05 s0444.ep15.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 185142 1 should specifically identify the need for multi-jurisdictional 2 approaches to project options that, based on planning level 3 analysis, are appropriate to supply the intended uses, and 4 that, based on such analysis, appear to be permittable, 5 financially and technically feasible. 6 3. For each project option identified in subparagraph 7 2, the following shall be provided: 8 a. An estimate of the amount of water to become 9 available through the project. 10 b. The timeframe in which the project option should be 11 implemented and the estimated planning level costs for capital 12 investment and operating and maintaining the project. 13 c. An analysis of funding needs and sources of 14 possible funding options. 15 d. Identification of the entity which should implement 16 each project option and the current status of project 17 implementation. 18 (b) A water resource development component that 19 includes: 20 1. A listing of those water resource development 21 projects that support water supply development. 22 2. For each water resource development project listed: 23 a. An estimate of the amount of water to become 24 available through the project. 25 b. The timeframe in which the project option should be 26 implemented and the estimated planning level costs for capital 27 investment and operating and maintaining the project. 28 c. An analysis of funding needs and sources of 29 possible funding options. 30 d. Identification of the entity which should implement 31 each project option and the current status of project 4 10:08 AM 04/05/05 s0444.ep15.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 185142 1 implementation. 2 (c) The recovery and prevention strategy described in 3 s. 373.0421(2). 4 (d) A funding strategy for water resource development 5 projects, which shall be reasonable and sufficient to pay the 6 cost of constructing or implementing all of the listed 7 projects. 8 (e) Consideration of how the project options addressed 9 in paragraph (a) serve the public interest or save costs 10 overall by preventing the loss of natural resources or 11 avoiding greater future expenditures for water resource 12 development or water supply development. However, unless 13 adopted by rule, these considerations do not constitute final 14 agency action. 15 (f) The technical data and information applicable to 16 each planning region which are necessary to support the 17 regional water supply plan. 18 (g) The minimum flows and levels established for water 19 resources within each planning region. 20 (h) Reservations of water adopted by rule pursuant to 21 s. 373.223(4) within each planning region. 22 (i) Identification of surface waters or aquifers for 23 which minimum flows and levels are scheduled to be adopted. 24 (j) An analysis, developed in cooperation with the 25 department, of areas or instances in which the variance 26 provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to 27 create water supply development or water resource development 28 projects. 29 (3) The water supply development component of a 30 regional water supply plan which deals with or affects public 31 utilities and public water supply for those areas served by a 5 10:08 AM 04/05/05 s0444.ep15.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 185142 1 regional water supply authority and its member governments 2 within the boundary of the Southwest Florida Water Management 3 District shall be developed jointly by the authority and the 4 district. In areas not served by regional water supply 5 authorities, or other multi-jurisdictional water supply 6 entities, and where opportunities exist to meet water supply 7 needs more efficiently through multi-jurisdictional projects 8 identified pursuant to s. 373.1962(2), water management 9 districts are directed to assist in developing 10 multi-jurisdictional approaches to water supply project 11 development jointly with affected water utilities, special 12 districts, and local governments. 13 (4) Governing board approval of a regional water 14 supply plan shall not be subject to the rulemaking 15 requirements of chapter 120. However, any portion of an 16 approved regional water supply plan which affects the 17 substantial interests of a party shall be subject to s. 18 120.569. 19 (5) Annually and in conjunction with the reporting 20 requirements of s. 373.536(6)(a)4., the department shall 21 submit to the Governor and the Legislature a report on the 22 status of regional water supply planning in each district. The 23 report shall include: 24 (a) A compilation of the estimated costs of and 25 potential sources of funding for water resource development 26 and water supply development projects as identified in the 27 water management district regional water supply plans. 28 (b) The percentage and amount, by district, of 29 district ad valorem tax revenues or other district funds made 30 available to develop alternative water supplies. 31 (c) A description of each district's progress toward 6 10:08 AM 04/05/05 s0444.ep15.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 185142 1 achieving its water resource development objectives, including 2 the district's implementation of its 5-year water resource 3 development work program. 4 (d) An assessment of the specific progress being made 5 to implement each alternative water supply project option 6 chosen by the entities identified for implementation in the 7 plan. 8 (6) Nothing contained in the water supply development 9 component of a regional water supply plan shall be construed 10 to require local governments, government-owned or privately 11 owned water utilities, special districts, self-suppliers, 12 regional water supply authorities, self suppliers, or other 13 water suppliers to select a water supply development project 14 identified in the component merely because it is identified in 15 the plan. Except as provided in s. 373.223(3) and s. 16 373.223(5), the plan may not be used in the review of permits 17 under part II unless the plan, or an applicable portion 18 thereof, has been adopted by rule. However, this subsection 19 does not prohibit a water management district from employing 20 the data or other information used to establish the plan in 21 reviewing permits under part II nor does it limit the 22 authority of the department or governing board under part II. 23 (7) Where the water supply component of a water supply 24 planning region shows the need for one or more alternative 25 water supply projects, the district shall notify the affected 26 local governments and make every reasonable effort to educate 27 and involve local public officials in working toward solutions 28 in conjunction with the districts and, where appropriate, 29 other local and regional water supply entities. 30 (a) Within one year of governing board approval of a 31 regional water supply plan, each entity identified in s. 7 10:08 AM 04/05/05 s0444.ep15.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 185142 1 373.0361(2)(a)3.d. shall provide written notification to the 2 water management district of the following: the water supply 3 projects or options that it has developed or intends to 4 develop, if any; an estimate of the quantity of water to be 5 produced by each project; the status of project 6 implementation, including development of the financial plan, 7 facilities master planning, permitting, and efforts in 8 coordinating multi-jurisdictional projects, if applicable. 9 The information provided in the notification shall be updated 10 on an annual basis and a progress report shall be provided by 11 November 15 of each year to the water management district. If 12 an entity proposes a water supply project that is not in the 13 plan, then the entity shall request that the water management 14 district consider the project for inclusion in the regional 15 water supply plan. 16 (8) For any regional water supply plan which is 17 scheduled to be updated before December 31, 2005, the deadline 18 for such update shall be extended to December 1, 2006. 19 20 (Redesignate subsequent sections.) 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 64, line 29, after "sources;" 26 27 and insert: 28 amending s. 373.0361, F.S.; providing for the 29 development of regional water supply plans; 30 providing requirements for the content of each 31 plan; providing for an approval process for the 8 10:08 AM 04/05/05 s0444.ep15.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 444 Barcode 185142 1 plans; providing for annual updates; providing 2 for local government use of the plans; 3 providing notification requirements for water 4 management districts concerning findings within 5 the plan; changing the deadline for certain 6 plan updates; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 10:08 AM 04/05/05 s0444.ep15.01a
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