SB 628 — Water Resources

Florida Senate - 2019 CS for SB 628 By Senatorthe AlbrittonCommittee 26-00920A-19on 2019628__Environment Aand billNatural toResources; be entitled An act relating to water resources;

amendingand s.Senator Albritton 592-03516-19 2019628c1 A bill to be entitled An act relating to water resources;

403.928,providing F.S.;legislative intent;

declaringcreating legislatives. intent;

revising403.9339, requirementsF.S.; for the Office of Economic and Demographic Research’s annual assessment of this state’s water resources and conservation lands;

requiring the officeDepartment of Environmental Protection to consultconduct witha thecomprehensive Departmentand quantitative needs based overview of Environmentalthis Protection;state’s water resources;

definingspecifying therequirements termfor “agency”;the overview;

requiring the assessmentdepartment to besubmit submitteda report every 5 years to the Governor and the Legislature by a specified date;

making technical changes;

1312 WHEREAS, the Legislature finds that water constitutes a public resource thatbenefitting benefits the entire state, and WHEREAS, water is an essential element to Florida’sthis state’s current and future growth, sustainability, and environmental health, and WHEREAS, a needs-based water and lands assessment that is based on needs, and not simply expenditures, is vital to successfully plan for Florida’sthis state’s current and future population growthgrowth, and infrastructureinfrastructural and environmental needs, NOW, THEREFORE, 22 Be It Enacted by the Legislature of the State of Florida:

24 Section 1. Section1. It 403.928,is Floridathe Statutes,intent isof amendedthe Legislature that the Department of Environmental Protection interpret this act, to read:the maximum extent practicable, in a manner that provides the Legislature with a comprehensive overview of this state’s water infrastructure funding needs, including, but not limited to, its residential, commercial, environmental, agricultural, and industrial needs.

403.928 AssessmentThe ofdepartment watershall resourcescoordinate, andto conservationthe lands.—Themaximum Officeextent ofpracticable, Economicwith private and Demographicpublic Research,sector inentities consultationto withproduce the department,report shallrequired conductunder ans. annual assessment of Florida’s water resources and conservation lands.

(1) LEGISLATIVE403.9339, INTENT.—TheFlorida LegislatureStatutes. intends that the Office of Economic and Demographic Research interpret this section, to the maximum extent practicable, in a manner that provides the Legislature with the most comprehensive annual assessment of this state’s water infrastructure funding needs, including, but not limited to, residential, commercial, environmental, agricultural, and industrial.

ItThe isdepartment furthermay theuse intentany source of theinformation Legislatureit thatdeems thereasonably officereliable coordinate,as tolong theas greatest extent possible, with the Departmentsource ofis Environmentalidentified Protectionin to produce the annualreport. assessment.

(2)(1) WATERSection RESOURCES.—The2. Section assessment403.9339, mustFlorida include:Statutes, is created to read:

(a) A403.9339 Comprehensive quantitative,overview of statewide water resources report.— (1) The department shall conduct a comprehensive and quantitative needs-based evaluationoverview of allthis ofstate’s thewater following:resources.

1. Water(2) To supplydetermine infrastructure,the including,level butof notneed, limitedthe to,overview watermust supplyinclude, developmentbut projects,is waternot resourcelimited developmentto, projects,all andof waterthe conservation.following:

2. Water(a) The qualityfunds protectionnecessary andfor restoration,the including,infrastructure’s butcapacity notto limitedmeet to,current septicand systemfuture conversion,demands. basin management action plans under s.

(b) The funds necessary to provide for the infrastructure’s existing and near-future physical condition and to provide expected levels of service and protection to the public safety.

(c) The funds necessary for the infrastructure to be operated and maintained in compliance with federal, state, and local government regulations.

(d) The funds necessary for the infrastructure to be able to prevent or protect against significant multi-hazard threats and incidents, and its ability to quickly return to a pre-hazard or pre-threat level of service.

(e) The replacement costs for infrastructure that is nearing, at, or exceeding its estimated service life.

(f) The costs of compliance with legislative intent that sufficient water be available for all existing and future reasonable-beneficial uses and for natural systems, and that adverse effects of competition for water supplies be avoided.

(g) The infrastructure needs and funds necessary to protect, restore, and enhance this state’s water.

(h) The infrastructure, including stormwater systems, needs and funds necessary to provide for adequate flood protection.

(3) The overview must be based on a short-term, 5-year planning period and a long-term, 20-year planning period and must include, but need not be limited to, all of the following:

(a) Water supply infrastructure, including, at a minimum, water supply development projects, water resource development projects, and water conservation.

(b) Water quality protection and restoration, including, at a minimum, septic system conversion, basin management action plans under s.

3. Wastewater(c) Wastewater infrastructure,infrastructure. including septic systems.

4. Stormwater(d) Stormwater infrastructure.

5. Flood(e) Flood control infrastructure.

6. Environmental(f) Environmental restoration.

(b)(a) An(4) The evaluationoverview ofmust Historicalalso andidentify currentpotential expendituresfunding andoptions projectionsto ofmeet futurethe expendituresanticipated bydemand federal,on state,water regional,resources andin localthis governmentsstate andwhich publicare necessary to comply with laws and privateregulations utilitiesgoverning whichsubsection are(1), basedto uponcomply historicalwith trendsthe andLegislature’s ongoingintent projectsthat orsufficient initiativeswater associatedbe withavailable for all existing and future reasonable-beneficial uses and the categoriesnatural listedsystems, inand paragraphto (a).:avoid adverse effects of competition for water supplies.

1. WaterThe supplyoverview of funding options may include a review of public and demand;private funding options used in this state, other states, or other countries.

(5) Beginning January 1, 2021, and 2. Waterevery quality5 protectionyears thereafter, the department shall submit a report of the findings of the overview to the Governor, the President of the Senate, and restoration.the Speaker of the House of Representatives.

(c)(b) AnSection analysis3. This andact estimatesshall oftake futureeffect expendituresJuly by1, federal,2019. state, regional, and local governments and public and private utilities necessary to comply with federal and state laws and regulations governing paragraphs (a) and (b) subparagraphs (a)1.

and 2.

The analysis and estimates must address future needs expenditures by federal, state, regional, and local governments and all public and private utilities necessary to achieve the requirements in s.

7, Art.

II of the State Constitution, and the Legislature’s intent that sufficient water be available for all existing and future reasonable beneficial uses and the natural systems, and that adverse effects of competition for water supplies be avoided.