Florida Watereuse – Every Drop Has Value Seminar Legislative Download May 26, 2016 – Pompano Beach Terry Lewis, Esq. Chris Lyon, Esq.

2016 Session Highlights

On January 12, 2016, Watereuse Executive Director Melissa Meeker and Wateruse Florida President Amy Tracy give presentation to House Agriculture and Natural Resources Committee on water reuse issues nationally and in Florida. A copy of their presentation can be found in the meeting packet here: doc.aspx?PublicationType=Committees&CommitteeId=2852 &Session=2016&DocumentType=Meeting%20Packets&FileN ame=anrs% pdf doc.aspx?PublicationType=Committees&CommitteeId=2852 &Session=2016&DocumentType=Meeting%20Packets&FileN ame=anrs% pdf Video of the meeting can be found here (presentation begins around 38 minute mark): _ &committeeID= _ &committeeID=2852

HB 5001 – General Appropriations Act – Effective date July 1, 2016 Highlights (or lowlights) include: $82.3 billion budget for FY Almost $900 m for Amendment 1 issues $76.6 m for Florida Forever $32 m for beach restoration $18 m for springs restoration $10 m for Florida Communities Trust land acquisition $7 m for Lake Apopka restoration $7 m for BMP implementation $1.5 m for WMD land acquisition

SB 552 – Environmental Resources (Sen. Dean) – Effective date of July 1, 2016 Comprehensive water legislation addressing Florida’s impending water shortage issues and protecting Florida springs and water sources. Important changes include: Creates the Florida Springs and Aquifer Protection Act to expedite the protection and restoration of water flow and quality in the aquifer and Outstanding Florida Springs (OFS) Exempts Minimum Flows and Levels rules from legislative ratification Ensures appropriate governmental entities continue to develop and implement uniform water supply planning, consumptive water use permitting and resource protection programs for the Central Florida Water Initiative area Establishes incentives for water conservation practices Revises Northern Everglades and Estuaries Act to include basin management action plans (BMAP) for Lake O, St. Lucie River and Estuary and Caloosahatchee Estuary, DACS best management practices in the 3 basins and DEP’s BMAP’s for the inland Caloosahatchee River watershed. Modifies water supply and resource planning processes and document to provide more robust presentations of water needs and goals Requires Office of Economic and Demographic Research to conduct annual assessment of water resources and conservation lands Requires DEP to publish online, public database of conservation lands where public access if compatible with conservation and recreational purposes Requires DEP to conduct feasibility study to create and maintain web-based, interactive map of Florida waterbodies with regulatory information about each waterbody.

HB 589 – Environmental Control (Rep. Pigman) – Effective date March 25, 2016 Notable changes include: Consumptive use permit (CUP) holders that violate permit terms no longer liable to other CUP holder for damages Revisions to water well contractor license requirements Provides when beneficial use of constructed clay settling area (CSA) is extended, rate of reclamation and financial responsibility requirements only apply when beneficial use of CSA is complete Allows land set-asides and land use modifications that reduce nutrient loads into impaired waters for water quality credits Requires Florida registered professional to certify a stormwater management system will meet additional requirements for general permit and requires certification be submitted to DEP or a WMD before construction begins.

SB 1176 – Dredge and Fill Activities (Sen. Diaz de la Portilla) – Effective date April 6, 2016 Increases size of wetland or other surface water impacts from dredge and fill activities that DEP or WMDs are authorized to approve via voluntary State Programmatic General Permit (SPGP) from 3 acres to 10 acres. Provides that using a SPGP for dredge and fill, applicant consents to federal wetland jurisdiction. Authorizes DEP to seek partial assumption of federal permitting regulating discharge of dredged or fill material

HB 347 – Utility Projects (Rep. Sprowls) – Effective Date July 1, 2016 Authorizes specific local agencies to apply for financing costs of certain utility projects by issuing utility cost containment bonds These bonds give water and wastewater utilities higher rating, lower rates and better terms. Provides conditions and requirements for issuing such bonds.

SB 416 – Location of Utilities (Sen. Flores) – Effective date March 10, 2016 Places burden of utility relocation or interference expenses on governmental agency when utility lines are located in a public easement. Limits government’s ability to only regulate utility lines that are within the right of way, rather than along right of way.

HB 525 – Small Community Sewer Construction Assistance Act (Rep. Beshears) – Effective Date July 1, 2016 Small Community Sewer Construction Act assists financially disadvantaged areas with needs for adequate sewer facilities. Expands definition of “Financially Disadvantaged Small Community” to include a county or special district with population of 10,000 or less and per capita income less than state per capita income Provides that an otherwise eligible special district is only eligible if its public purpose includes water and sewer services, utility systems and services or waterwater systems and services.

SB 7076 –Legislature – Effective Date April 8, 2016 Reschedules start of 2018 Session from March 6, 2018 to January 9, 2018.

2017 Legislative Session Preview March 7 – May 5, 2017 Organization Session – November 22, 2016

Senate Due to redistricting litigation, all 40 seats up for election in November Likely see Democrats pick up seats, currently 26 Republicans to 14 Democrats President – Joe Negron (R-Palm City) Appropriations Chair – Jack Latvala (R-Clearwater) Minority Leader – Oscar Braynon II (D-Miami Gardens) Future Presidents – – Bill Galvano (R-Bradenton) – Wilton Simpson (R-Trilby)

House As usual, all 120 House seats up for election in November Democrats may make slight gains, currently 81 Republicans to 39 Democrats Speaker – Richard Corcoran (R-Lutz) Minority Leader – Janet Cruz (D-Tampa) Future Speakers – – Jose Oliva (R-Hialeah) – Chris Sprowls? (R-Clearwater) Eric Eisnaugle ? (R-Orlando) State Affairs Chairman – Matt Caldwell ? (R-Lehigh Acres)

Additional Questions or Information: Terry Lewis – (561) Chris Lyon – (850)