October 21, 2020
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Amendment CaShTmL-453192.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 444
                        Barcode 453192
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Ways and Means (Pruitt) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 41, line 19 through page 48, line 29 delete
16  
17  and insert:  water utilities, multi-jurisdictional water
18  supply entities, self-suppliers, and other affected and
19  interested parties. The districts will actively engage in
20  public education and outreach to all affected local entities
21  and their officials, as well as members of the public, in the
22  planning process and in seeking input. During preparation, but
23  prior to completion of the regional water supply plan, the
24  district must conduct at least one public workshop to discuss
25  the technical data and modeling tools anticipated to be used
26  to support the regional water supply plan. The district shall
27  also hold several public meetings to communicate the status,
28  overall conceptual intent, and impacts of the plan on existing
29  and future reasonable-beneficial uses and natural systems.
30  During the planning process, a local government may choose to
31  prepare its own water supply assessment to determine if
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 453192 1 existing water sources are adequate to meet existing and 2 projected reasonable-beneficial needs of the local government 3 while sustaining water resources and related natural systems. 4 The local government shall submit such assessment, including 5 the data and methodology used, to the district. The district 6 shall consider the local government's assessment during the 7 formation of the plan. A determination by the governing board 8 that initiation of a regional water supply plan for a specific 9 planning region is not needed pursuant to this section shall 10 be subject to s. 120.569. The governing board shall reevaluate 11 such a determination at least once every 5 years and shall 12 initiate a regional water supply plan, if needed, pursuant to 13 this subsection. 14 (2) Each regional water supply plan shall be based on 15 at least a 20-year planning period and shall include, but is 16 not limited to: 17 (a) A water supply development component for each 18 water supply planning region identified by the district which 19 includes: 20 1. A quantification of the water supply needs for all 21 existing and future reasonable-beneficial uses within the 22 planning horizon. The level-of-certainty planning goal 23 associated with identifying the water supply needs of existing 24 and future reasonable-beneficial uses shall be based upon 25 meeting those needs for a 1-in-10-year drought event. 26 Population projections used for determining public water 27 supply needs must be based upon the best available data. In 28 determining the best available data, the district shall 29 consider the University of Florida's Bureau of Economic and 30 Business Research (BEBR) medium population projections and any 31 population projection data and analysis submitted by a local 2 1:25 PM 04/28/05 s0444.wm28.006
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 453192 1 government pursuant to the public workshop described in 2 subsection (1) if the data and analysis support the local 3 government's comprehensive plan. Any adjustment of or 4 deviation from the BEBR projections must be fully described, 5 and the original BEBR data must be presented along with the 6 adjusted data. 7 2. A list of water supply development project options, 8 including traditional and alternative water supply project 9 options, from which local government, government-owned and 10 privately owned utilities, regional water supply authorities, 11 multi-jurisdictional water supply entities, self-suppliers, 12 and others may choose for water supply development. In 13 addition to projects listed by the district, such users may 14 propose specific projects for inclusion in the list of 15 alternative water supply projects. If such users propose a 16 project to be listed as an alternative water supply project, 17 the district shall determine whether it meets the goals of the 18 plan, and, if so, it shall be included in the list. The total 19 capacity of the projects included in the plan shall exceed the 20 needs identified in subparagraph 1. and shall take into 21 account water conservation and other demand management 22 measures, as well as water resources constraints, including 23 adopted minimum flows and levels and water reservations. Where 24 the district determines it is appropriate, the plan should 25 specifically identify the need for multi-jurisdictional 26 approaches to project options that, based on planning level 27 analysis, are appropriate to supply the intended uses and 28 that, based on such analysis, appear to be permittable and 29 financially and technically feasible. 30 3. For each project option identified in subparagraph 31 2., the following shall be provided: 3 1:25 PM 04/28/05 s0444.wm28.006
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 453192 1 a. An estimate of the amount of water to become 2 available through the project. 3 b. The timeframe in which the project option should be 4 implemented and the estimated planning-level costs for capital 5 investment and operating and maintaining the project. 6 c. An analysis of funding needs and sources of 7 possible funding options. For alternative water supply 8 projects the water management districts shall provide funding 9 assistance in accordance with s. 373.1961(3). 10 d. Identification of the entity that should implement 11 each project option and the current status of project 12 implementation. 13 (b) A water resource development component that 14 includes: 15 1. A listing of those water resource development 16 projects that support water supply development. 17 2. For each water resource development project listed: 18 a. An estimate of the amount of water to become 19 available through the project. 20 b. The timeframe in which the project option should be 21 implemented and the estimated planning-level costs for capital 22 investment and for operating and maintaining the project. 23 c. An analysis of funding needs and sources of 24 possible funding options. 25 d. Identification of the entity that should implement 26 each project option and the current status of project 27 implementation. 28 (c) The recovery and prevention strategy described in 29 s. 373.0421(2). 30 (d) A funding strategy for water resource development 31 projects, which shall be reasonable and sufficient to pay the 4 1:25 PM 04/28/05 s0444.wm28.006
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 453192 1 cost of constructing or implementing all of the listed 2 projects. 3 (e) Consideration of how the project options addressed 4 in paragraph (a) serve the public interest or save costs 5 overall by preventing the loss of natural resources or 6 avoiding greater future expenditures for water resource 7 development or water supply development. However, unless 8 adopted by rule, these considerations do not constitute final 9 agency action. 10 (f) The technical data and information applicable to 11 each planning region which are necessary to support the 12 regional water supply plan. 13 (g) The minimum flows and levels established for water 14 resources within each planning region. 15 (h) Reservations of water adopted by rule pursuant to 16 s. 373.223(4) within each planning region. 17 (i) Identification of surface waters or aquifers for 18 which minimum flows and levels are scheduled to be adopted. 19 (j) An analysis, developed in cooperation with the 20 department, of areas or instances in which the variance 21 provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to 22 create water supply development or water resource development 23 projects. 24 (3) The water supply development component of a 25 regional water supply plan which deals with or affects public 26 utilities and public water supply for those areas served by a 27 regional water supply authority and its member governments 28 within the boundary of the Southwest Florida Water Management 29 District shall be developed jointly by the authority and the 30 district. In areas not served by regional water supply 31 authorities, or other multi-jurisdictional water supply 5 1:25 PM 04/28/05 s0444.wm28.006
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 453192 1 entities, and where opportunities exist to meet water supply 2 needs more efficiently through multi-jurisdictional projects 3 identified pursuant to s. 372.0361(2)(a), water management 4 districts are directed to assist in developing 5 multi-jurisdictional approaches to water supply project 6 development jointly with affected water utilities, special 7 districts, and local governments. 8 (4) Governing board approval of a regional water 9 supply plan shall not be subject to the rulemaking 10 requirements of chapter 120. However, any portion of an 11 approved regional water supply plan which affects the 12 substantial interests of a party shall be subject to s. 13 120.569. 14 (5) Annually and in conjunction with the reporting 15 requirements of s. 373.536(6)(a)4., the department shall 16 submit to the Governor and the Legislature a report on the 17 status of regional water supply planning in each district. The 18 report shall include: 19 (a) A compilation of the estimated costs of and 20 potential sources of funding for water resource development 21 and water supply development projects as identified in the 22 water management district regional water supply plans. 23 (b) The percentage and amount, by district, of 24 district ad valorem tax revenues or other district funds made 25 available to develop alternative water supplies. 26 (c) A description of each district's progress toward 27 achieving its water resource development objectives, including 28 the district's implementation of its 5-year water resource 29 development work program. 30 (d) An assessment of the specific progress being made 31 to implement each alternative water supply project option 6 1:25 PM 04/28/05 s0444.wm28.006
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 453192 1 chosen by the entities and identified for implementation in 2 the plan. 3 (e) An overall assessment of the progress being made 4 to develop water supply in each district, including, but not 5 limited to, an explanation of how each project, either 6 alternative or traditional, will produce, contribute to, or 7 account for additional water being made available for 8 consumptive uses, an estimate of the quantity of water to be 9 produced by each project, and an assessment of the 10 contribution of the district's regional water supply plan in 11 providing sufficient water to meet the needs of existing and 12 future reasonable-beneficial uses for a 1-in-10 year drought 13 event, as well as the needs of the natural systems. 14 (6) Nothing contained in the water supply development 15 component of a regional water supply plan shall be construed 16 to require local governments, government-owned or privately 17 owned water utilities, special districts, self-suppliers, 18 regional water supply authorities, multi-jurisdictional water 19 supply entities, or other water suppliers to select a water 20 supply development project identified in the component merely 21 because it is identified in the plan. Except as provided in s. 22 373.223(3) and (5), the plan may not be used in the review of 23 permits under part II unless the plan or an applicable portion 24 thereof has been adopted by rule. However, this subsection 25 does not prohibit a water management district from employing 26 the data or other information used to establish the plan in 27 reviewing permits under part II, nor does it limit the 28 authority of the department or governing board under part II. 29 (7) Where the water supply component of a water supply 30 planning region shows the need for one or more alternative 31 water supply projects, the district shall notify the affected 7 1:25 PM 04/28/05 s0444.wm28.006
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 453192 1 local governments and make every reasonable effort to educate 2 and involve local public officials in working toward solutions 3 in conjunction with the districts and, where appropriate, 4 other local and regional water supply entities. 5 (a) Within 6 months following approval or amendment of 6 its regional water supply plan, each water management district 7 shall notify by certified mail each entity identified in 8 sub-subparagraph (2)(a)3.d. of that portion of the plan 9 relevant to the entity. Upon request of such an entity, the 10 water management district shall appear before and present its 11 findings and recommendations to the entity. 12 (b) Within 1 year after the notification by a water 13 management district pursuant to paragraph (a), each entity 14 identified in sub-subparagraph (2)(a)3.d. shall provide to the 15 water management district written notification of the 16 following: the alternative water supply projects or options 17 identified in s. 373.0361(2)(a) that it has developed or 18 intends to develop, if any; an estimate of the quantity of 19 water to be produced by each project; the status of project 20 implementation, including development of the financial plan, 21 facilities master planning, permitting, and efforts in 22 coordinating multi-jurisdictional projects, if applicable. The 23 information provided in the notification shall be updated 24 annually and a progress report shall be provided by November 25 15 of each year to the water management district. If an entity 26 does not intend to develop one or more of the alternative 27 water supply project options identified in the regional water 28 supply plan, the entity shall propose, within 1 year after 29 notification by a water management district pursuant to 30 paragraph (a), another alternative water supply project option 31 sufficient to address the needs identified in paragraph (2)(a) 8 1:25 PM 04/28/05 s0444.wm28.006
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 444 Barcode 453192 1 within the entity's jurisdiction and shall provide an estimate 2 of the quantity of water to be produced by the project and the 3 status of project implementation as described in this 4 paragraph. The entity may request that the water management 5 district consider the other project for inclusion in the 6 regional water supply plan. 7 (8) For any regional water supply plan that is 8 scheduled to be updated before December 31, 2005, the deadline 9 for such update shall be extended by one year. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 3, line 25, after the semi-colon 15 16 insert: 17 requiring identified entities to select 18 alternative water supply projects and provide 19 periodic status reports; 20 21 22 23 24 25 26 27 28 29 30 31 9 1:25 PM 04/28/05 s0444.wm28.006
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