Bill Text: FL S1204 | 2016 | Regular Session | Introduced
Bill Title: Water Resources
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-11 - Died in Communications, Energy, and Public Utilities, companion bill(s) passed, see CS/CS/CS/HB 589 (Ch. 2016-130) [S1204 Detail]
Download: Florida-2016-S1204-Introduced.html
Florida Senate - 2016 SB 1204 By Senator Altman 16-00951-16 20161204__ 1 A bill to be entitled 2 An act relating to water resources; directing the 3 Department of Transportation to establish a Water and 4 Wastewater Utilities Relocation Study Committee; 5 specifying committee membership; providing that 6 members of the committee serve without compensation; 7 establishing duties for the committee; providing 8 reporting requirements; providing for the expiration 9 of the committee; amending s. 373.114, F.S.; 10 transferring review of water management district rules 11 from the Florida Land and Water Adjudicatory 12 Commission to the Department of Environmental 13 Protection; establishing review procedures and 14 standards; deleting provisions related to commission 15 review of water management district rules; amending 16 ss. 373.139, 373.217, 373.2295, and 373.4275, F.S.; 17 conforming provisions to changes made by the act; 18 reenacting s. 373.036(1)(d), F.S., relating to the 19 Florida water plan, to incorporate the amendment made 20 to s. 373.114, F.S., in a reference thereto; repealing 21 s. 373.245, F.S., relating to supplemental damages 22 connected with consumptive use permit violations; 23 providing retroactive applicability; providing an 24 effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Water and Wastewater Utilities Relocation Study 29 Committee.— 30 (1) From the funds appropriated to the Department of 31 Transportation, the Water and Wastewater Utilities Relocation 32 Study Committee, a committee as defined in s. 20.03, Florida 33 Statutes, is established to review, study, and make 34 recommendations concerning the need for improved coordination 35 and funding of the relocation of: 36 (a) Water and sewer facilities; and 37 (b) Public utility facilities that are located within the 38 public right-of-way if such relocation is required due to a 39 construction or an improvement of roads and bridges in this 40 state. 41 (2) The committee shall be composed of nine members. The 42 Governor, the President of the Senate, the Speaker of the House 43 of Representatives, and the Secretary of Transportation shall 44 each appoint one member. The remaining members shall consist of 45 one representative each from the Florida Association of 46 Counties, the Florida League of Cities, the Florida Section of 47 the American Water Works Association, the Florida Water 48 Environment Association, and the Florida Transportation Builders 49 Association. Members shall serve without compensation and are 50 not entitled to payment of or reimbursement for per diem or 51 travel expenses. 52 (3) The committee shall: 53 (a) Identify and categorize a statewide estimate of the 54 historical, current, and anticipated costs associated with the 55 relocation of water, sewer, and public utilities inside and 56 outside the rights-of-way held by state agencies, counties, 57 municipalities, or local water or sewer districts resulting from 58 work associated with highway projects. 59 (b) Determine as accurately as possible the percentage of 60 the statewide cost estimate identified in paragraph (a) 61 attributable to the Department of Transportation projects, 62 regional highway authority projects, and local government 63 projects. 64 (c) Identify potential sources of sustainable funds that 65 may be used by state agencies, counties, municipalities, local 66 water or sewer districts, or public utilities for utility 67 relocation costs, including, but not limited to, existing state 68 and federal loan and grant programs, appropriations from the 69 General Revenue Fund, contributions from public utilities, and 70 other sustainable sources. 71 (d) Identify any legal obstacles that impact the ability of 72 state agencies, counties, municipalities, or local water or 73 sewer districts to fund the relocation of utilities. 74 (e) Investigate the creation of a utilities relocation 75 trust fund to assist in relocation costs through loans, grants, 76 matching funds, or other means and identify the appropriate 77 entity to administer the trust fund, the terms and conditions 78 under which funding might be provided, and the general criteria 79 that would be used in evaluating funding applications. 80 (f) Identify ways to improve coordination and reduce 81 negative impacts through the use of communication, technology, 82 and improved management techniques. 83 (g) Recommend changes to public policy, regulations, rules, 84 or statutes that would increase the availability of funding or 85 reduce costs associated with utility relocations resulting from 86 road and bridge projects. 87 (4) The committee shall submit a report of its findings and 88 recommendations to the Governor, the President of the Senate, 89 and the Speaker of the House of Representatives by December 15, 90 2016, at which time the committee shall expire. 91 Section 2. Section 373.114, Florida Statutes, is amended to 92 read: 93 373.114 DepartmentLand and Water Adjudicatory Commission;94 review of district rulesand orders; department review of95district rules.—The department has exclusive authority to review 96 rules of the water management districts, excluding rules 97 relating to the internal management of the districts, to ensure 98 consistency with the water resource implementation rule adopted 99 by the department. Within 30 days after adoption or revision of 100 any water management district rule, the department may initiate 101 review of such rule pursuant to this section. 102 (1) Within 30 days after a district has adopted or revised 103 a rule, any affected person may request that a hearing be held 104 before the secretary of the department by filing a request for 105 hearing with the department and serving a copy of the request on 106 the water management district. At this hearing, evidence and 107 argument may be presented relating to the consistency of the 108 rule with the water resource implementation rule. 109 (2) If the department finds that the district rule is 110 inconsistent with the water resource implementation rule, it may 111 order the water management district to initiate rulemaking to 112 amend or repeal the rule. 113(1) Except as provided in subsection (2), the Governor and114Cabinet, sitting as the Land and Water Adjudicatory Commission,115have the exclusive authority to review any order or rule of a116water management district, other than a rule relating to an117internal procedure of the district or a final order resulting118from an evidentiary hearing held under s. 120.569 or s. 120.57119or a rule that has been adopted after issuance of a final order120resulting from an evidentiary hearing held under s. 120.56, to121ensure consistency with the provisions and purposes of this122chapter. Subsequent to the legislative ratification of the123delineation methodology pursuant to s. 373.421(1), this124subsection also shall apply to an order of the department, or a125local government exercising delegated authority, pursuant to ss.126373.403-373.443, except an order pertaining to activities or127operations subject to conceptual plan approval pursuant to128chapter 378 or a final order resulting from an evidentiary129hearing held under s. 120.569 or s. 120.57.130(a) Such review may be initiated by the department or by a131party to the proceeding below by filing a request for review132with the Land and Water Adjudicatory Commission and serving a133copy on the department and on any person named in the rule or134order within 20 days after adoption of the rule or the rendering135of the order. For the purposes of this section, the term “party”136means any affected person who submitted oral or written137testimony, sworn or unsworn, of a substantive nature which138stated with particularity objections to or support for the rule139or order that are cognizable within the scope of the provisions140and purposes of this chapter. In order for the commission to141accept a request for review initiated by a party below, with142regard to a specific order, three members of the commission must143determine on the basis of the record below that the activity144authorized by the order would substantially affect natural145resources of statewide or regional significance. Review of an146order may also be accepted if three members of the commission147determine that the order raises issues of policy, statutory148interpretation, or rule interpretation that have regional or149statewide significance from the standpoint of agency precedent.150The party requesting the commission to review an order must151allege with particularity, and the commission must find, that:1521. The order is in conflict with statutory requirements; or1532. The order is in conflict with the requirements of a duly154adopted rule.155(b) Review by the Land and Water Adjudicatory Commission is156appellate in nature and shall be based solely on the record157below unless the commission determines that a remand for a158formal evidentiary proceeding is necessary to develop additional159findings of fact. If there is no evidentiary administrative160proceeding resulting from a remand or referral for findings of161fact by the commission, then the facts contained in the proposed162agency action or proposed water management district action,163including any technical staff report, shall be deemed164undisputed. The matter shall be heard by the commission not more165than 60 days after receipt of the request for review, unless166waived by the parties; provided, however, such time limit shall167be tolled by a referral or remand pursuant to this paragraph.168The commission may refer a request for review to the Division of169Administrative Hearings for the production of findings of fact,170limited to those needed to render the decision requested, to171supplement the record, if a majority of the commission172determines that supplementary findings of fact are essential to173determine the consistency of a rule or order with the provisions174and purposes of this chapter. Alternatively, the commission may175remand the matter to the agency below for additional findings of176fact, limited to those needed to render the decision requested,177to supplement the record, if a majority of the commission178determines that supplementary findings of fact are essential to179determine the consistency of a rule or order with the provisions180and purposes of this chapter. Such proceedings must be conducted181and the findings transmitted to the commission within 90 days of182the remand or referral.183(c) If the Land and Water Adjudicatory Commission184determines that a rule of a water management district is not185consistent with the provisions and purposes of this chapter, it186may require the water management district to initiate rulemaking187proceedings to amend or repeal the rule. If the commission188determines that an order is not consistent with the provisions189and purposes of this chapter, the commission may rescind or190modify the order or remand the proceeding for further action191consistent with the order of the Land and Water Adjudicatory192Commission only if the commission determines that the activity193authorized by the order would substantially affect natural194resources of statewide or regional significance. In the case of195an order which does not itself substantially affect natural196resources of statewide or regional significance, but which197raises issues of policy that have regional or statewide198significance from the standpoint of agency precedent, the199commission may direct the district to initiate rulemaking to200amend its rules to assure that future actions are consistent201with the provisions and purposes of this chapter without202modifying the order.203(d) In a review under this section of a construction permit204issued pursuant to a conceptual permit under part IV, which205conceptual permit is issued after July 1, 1993, a party to the206review may not raise an issue which was or could have been207raised in a review of the conceptual permit under this section.208(e) A request for review under this section shall not be a209precondition to the seeking of judicial review pursuant to s.210120.68 or the seeking of an administrative determination of rule211validity pursuant to s. 120.56.212(f) The Florida Land and Water Adjudicatory Commission may213adopt rules to set forth its procedures for reviewing an order214or rule of a water management district consistent with the215provisions of this section.216(g) For the purpose of this section, it shall be presumed217that activity authorized by an order will not affect resources218of statewide or regional significance if the proposed activity:2191. Occupies an area less than 10 acres in size, and2202. Does not create impervious surfaces greater than 2 acres221in size, and2223. Is not located within 550 feet of the shoreline of a223named body of water designated as Outstanding Florida Waters,224and2254. Does not adversely affect threatened or endangered226species.227 228This paragraph shall not operate to hold that any activity that229exceeds these limits is presumed to affect resources of230statewide or regional significance. The determination of whether231an activity will substantially affect resources of statewide or232regional significance shall be made on a case-by-case basis,233based upon facts contained in the record below.234(2) The department shall have the exclusive authority to235review rules of the water management districts, other than rules236relating to internal management of the districts, to ensure237consistency with the water resource implementation rule as set238forth in the rules of the department. Within 30 days after239adoption or revision of any water management district rule, the240department shall initiate a review of such rule pursuant to this241section.242(a) Within 30 days after adoption of a rule, any affected243person may request that a hearing be held before the secretary244of the department, at which hearing evidence and argument may be245presented relating to the consistency of the rule with the water246resource implementation rule, by filing a request for hearing247with the department and serving a copy on the water management248district.249(b) If the department determines that the rule is250inconsistent with the water resource implementation rule, it may251order the water management district to initiate rulemaking252proceedings to amend or repeal the rule.253(c) An order of the department requiring amendment or254repeal of a rule may be appealed to the Land and Water255Adjudicatory Commission by the water management district or any256other party to the proceeding before the secretary.257 Section 3. Paragraph (c) of subsection (3) of section 258 373.139, Florida Statutes, is amended to read: 259 373.139 Acquisition of real property.— 260 (3) The initial 5-year work plan and any subsequent 261 modifications or additions thereto shall be adopted by each 262 water management district after a public hearing. Each water 263 management district shall provide at least 14 days’ advance 264 notice of the hearing date and shall separately notify each 265 county commission within which a proposed work plan project or 266 project modification or addition is located of the hearing date. 267 (c) The Secretary of Environmental Protection shall release 268 acquisition moneys from the appropriate account or trust fund to 269 a district following receipt of a resolution adopted by the 270 governing board identifying the lands being acquired and 271 certifying that such acquisition is consistent with the 5-year 272 work plan of acquisition and other provisions of this section. 273 The governing board also shall provide to the Secretary of 274 Environmental Protection a copy of all certified appraisals used 275 to determine the value of the land to be purchased. Each parcel 276 to be acquired must have at least one appraisal. Two appraisals 277 are required when the estimated value of the parcel exceeds $1 278 million. However, when both appraisals exceed $1 million and 279 differ significantly, a third appraisal may be obtained. If the 280 purchase price is greater than the appraisal price, the 281 governing board shall submit written justification for the 282 increased price. The Secretary of Environmental Protection may 283 withhold moneys for any purchase that is not consistent with the 284 5-year plan or the intent of this section or that is in excess 285 of appraised value. The governing board may appeal any denial to 286 the Florida Land and Water Adjudicatory Commission pursuant to 287 s. 380.07s. 373.114. 288 Section 4. Section 373.217, Florida Statutes, is amended to 289 read: 290 373.217 Superseded laws and regulations.— 291 (1) It is the intent of the Legislature to provide a means 292 whereby reasonable programs for the issuance of permits 293 authorizing the consumptive use of particular quantities of 294 water may be authorized by the Department of Environmental 295 Protection, subject to judicial review andalso subjectto 296 reviewby the Governor and Cabinet, sitting as the Land and297Water Adjudicatory Commissionas provided in s. 373.114. 298 (2) It is the further intent of the Legislature that this 299 part providesII of the Florida Water Resources Act of 1972, as300amended, as set forth in ss. 373.203-373.249,shallprovidethe 301 exclusive authority for requiring permits for the consumptive 302 use of water and for authorizing transportation thereof pursuant 303 to s. 373.223(2). 304 (3) If any provision of this partII of the Florida Water305Resources Act of 1972, as amended, as set forth in ss. 373.203306373.249,is in conflict with any other provision, limitation, or 307 restriction thatwhichis now in effect under any law or 308 ordinance of this state or any political subdivision or 309 municipality, or any rule or regulation adoptedpromulgated310 thereunder, this partIIshall govern and control, and such 311 other law or ordinance or rule or regulation adoptedpromulgated312 thereunder shall be deemed superseded for the purpose of 313 regulating the consumptive use of water. However, this section 314 shall not be construed to supersede the provisions of the 315 Florida Electrical Power Plant Siting Act. 316 (4) Other than as provided in subsection (3) of this 317 section, this partII of the Florida Water Resources Act of3181972, as amended,preempts the regulation of the consumptive use 319 of water as defined in this act. 320 Section 5. Subsection (8) of section 373.2295, Florida 321 Statutes, is amended to read: 322 373.2295 Interdistrict transfers of groundwater.— 323 (8) The department shall issue a final order which is 324 subject to review pursuant to s. 120.68or s. 373.114. 325 Section 6. Subsections (1) and (3) of section 373.4275, 326 Florida Statutes, are amended to read: 327 373.4275 Review of consolidated orders.— 328 (1) Beginning on the effective date of the rules adopted 329 under s. 373.427(1), review of any consolidated order rendered 330 pursuant to s. 373.427(1) isshall begoverned bythe provisions331ofs. 373.114(1). However, the term “party” meansshall meanany 332 person who participated as a party in a proceeding under ss. 333 120.569 and 120.57 on the concurrently reviewed authorizations, 334 permits, waivers, variances, or approvals, or any affected 335 person who submitted to the department, water management 336 district, or board of trustees oral or written testimony, sworn 337 or unsworn, of a substantive nature which stated with 338 particularity objections to or support for the authorization, 339 permit, waiver, variance, or approval, ifprovided thatsuch 340 testimony was cognizable within the scope of this chapter or the 341 applicable provisions of chapter 161, chapter 253, or chapter 342 258 when the consolidated notice of intent includes an 343 authorization, permit, waiver, variance, or approval under those 344 chapters. In such cases, the standard of review mustshallalso 345 ensure consistency with the applicable provisions and purposes 346 of chapter 161, chapter 253, or chapter 258 when the 347 consolidated order includes an authorization, permit, waiver, 348 variance, or approval under those chapters. If the consolidated 349 order subject to review includes approval or denial of 350 proprietary authorization to use submerged lands on which the 351 board of trustees has previously acted, as described in s. 352 373.427(2), the scope of review under this section mayshallnot 353 encompass such proprietary decision, but the standard of review 354 shall also ensure consistency with the applicable provisions and 355 purposes of chapter 161 when the consolidated order includes a 356 permit, waiver, or approval under that chapter. 357 (a) The final order issued under this section mustshall358 contain separate findings of fact and conclusions of law, and a 359 ruling that individually addresses each authorization, permit, 360 waiver, variance, and approval that was the subject of the 361 review. 362 (b) If a consolidated order includes proprietary 363 authorization under chapter 253 or chapter 258 to use submerged 364 lands owned by the Board of Trustees of the Internal Improvement 365 Trust Fund for an activity for which the authority has been 366 delegated to take final agency action without action of the 367 board of trustees, the following additional provisions and 368 exceptions to s. 373.114(1) apply: 3691. The Governor and Cabinet shall sit concurrently as the370Land and Water Adjudicatory Commission and the Board of Trustees371of the Internal Improvement Trust Fund in exercising the372exclusive authority to review the order;373 1.2.The review mayalsobe initiated by the Governor or 374 any member of the Cabinet within 20 days after the rendering of 375 the orderin which case the other provisions of s. 373.114(1)(a)376regarding acceptance of a request for review do not apply; and 377 2.3.If the Governor and Cabinet find that an authorization 378 to use submerged lands is not consistent with chapter 253 or 379 chapter 258, any authorization, permit, waiver, or approval 380 authorized or granted by the consolidated order must be 381 rescinded or modified or the proceeding must be remanded for 382 further action consistent with the order issued under this 383 section. 384 (3)As with an appeal under s. 373.114,The proper 385 initiation of discretionary review under this section tolls the 386 time for seeking judicial review under s. 120.68. 387 Section 7. For the purpose of incorporating the amendment 388 made by this act to section 373.114, Florida Statutes, in a 389 reference thereto, paragraph (d) of subsection (1) of section 390 373.036, Florida Statutes, is reenacted to read: 391 373.036 Florida water plan; district water management 392 plans.— 393 (1) FLORIDA WATER PLAN.—In cooperation with the water 394 management districts, regional water supply authorities, and 395 others, the department shall develop the Florida water plan. The 396 Florida water plan shall include, but not be limited to: 397 (d) Goals, objectives, and guidance for the development and 398 review of programs, rules, and plans relating to water 399 resources, based on statutory policies and directives. The state 400 water policy rule, renamed the water resource implementation 401 rule pursuant to s. 373.019(25), shall serve as this part of the 402 plan. Amendments or additions to this part of the Florida water 403 plan shall be adopted by the department as part of the water 404 resource implementation rule. In accordance with s. 373.114, the 405 department shall review rules of the water management districts 406 for consistency with this rule. Amendments to the water resource 407 implementation rule must be adopted by the secretary of the 408 department and be submitted to the President of the Senate and 409 the Speaker of the House of Representatives within 7 days after 410 publication in the Florida Administrative Register. Amendments 411 shall not become effective until the conclusion of the next 412 regular session of the Legislature following their adoption. 413 Section 8. Section 373.245, Florida Statutes, is repealed. 414 Section 9. The repeal of s. 373.245, Florida Statutes, 415 applies retroactively to any civil action in which trial has not 416 commenced as of the effective date of this act. 417 Section 10. This act shall take effect upon becoming a law.