Title: Construction and Maintenance of Water Systems

Summary: Provides requirements for independent special districts that choose to exercise certain powers; provides exception for certain entities to construct or maintain water supply or sewage disposal systems; requires OEDR to include an analysis of certain expenditures in its annual assessment; requires counties, municipalities, & special districts that provide wastewater services & stormwater management to develop needs analysis that includes certain information by specified date & submit such analyses to certain county; requires county to file certain compiled documents with coordinator of OEDR & Secretary of Environmental Protection by specified date; provides determination & declaration of important state interest.

Full Text:
An act relating to construction and maintenance of water systems; amending s. 153.04, F.S.; providing requirements for independent special districts that choose to exercise certain powers; providing an exception for certain entities to construct or maintain water supply or sewage disposal systems; amending s. 403.928, F.S.; requiring the Office of Economic and Demographic Research to include an analysis of certain expenditures in its annual assessment; creating s. 403.9301, F.S.; providing definitions; requ iring counties, municipalities, and special districts that provide wastewater services to develop a needs analysis that includes certain information by a specified date; requiring municipalities and special districts to submit such analyses to a certain co unty; requiring the county to file a compiled document with the coordinator of the Office of Economic and Demographic Research by a specified date; requiring the office to evaluate the document and include an analysis in its annual assessment; creating s. 403.9302, F.S.; providing definitions; requiring counties, municipalities, and special districts that provide stormwater management to develop a needs analysis that includes certain CS/CS/HB 2021 information by a specified date; requiring municipalities and special dist ricts to submit such analyses to a certain county; requiring the county to file a compiled document with the Secretary of Environmental Protection and the coordinator of the Office of Economic and Demographic Research by a specified date; requiring the off ice to evaluate the document and include an analysis in its annual assessment; providing a determination and declaration of important state interest; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 153.04, Florida Statutes, is amended to read: 153.04 Construction of water supply systems, water system improvements, sewage disposal systems, and sewer improvements.-(1) Whenever a the county commission of any of the several counties of the state by resolution chooses to exercise the powers granted by this chapter,or the governing board of an independent special district chooses to exercise the powers granted in the charter of the special district that are coextensive with the powers grante dby this chapter, it shall make or cause to be made such surveys, investigations, studies, CS/CS/HB 2021 borings, maps, plans, drawings,and estimates of costs and of revenues as it deems may deem necessary to prepare or have prepared so that the such county commission,or the county commission for each county in which the independent special district is exercising the authority of this section, has shall have available to it a comprehensive study and report.(a) The study and report must include setting forth either or both of the following: 1.(1) The type and estimate of costs of each water supply system, the purchase or construction of which is shall be deemed by the county commission or governing board of the independent special district it to be desirable and fe asible, together with the location thereof, and of each integral part, and also setting forth what water system improvements, if any, are deemed it deems necessary to purchase or construct to protect the health of and render fire protection to the inhabita nts of the county or independent special district, as applicable,together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character,and size and an estimate of the cost of its purcha se or construction. 2.(2)(a) The type of treatment and estimate of cost of each sewage disposal plant or system, the purchase,or construction of which is shall be deemed by the county commission or governing board of the independent special CS/CS/HB 2021 district to be desirable and feasible, together with the location thereof and of each integral part, and also setting forth what sewer improvements, if any, are deemed it deems necessary to purchase or construct to protect the health of the inhabitants of the county or independent special district, as applicable,together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character, and size and an estimate of the cost of its purchase or construction. (b) If the such study and report reveals,or if it is a fact that any parcel, plot,or area of land proposed to be served by facilities owned and operated by a county or an independent special district pursuant to county-owned and operated facilities as contemplated by this chapter is being served by or there is available to it for service such facilities which are owned and operated by private individuals, copartnerships, corporations,or associations or service by such facilities is available to the pa rcel, plot, or area of land,then the county or independent special district is hereby prohibited from furnishing the facilities provided by this chapter to such land property without the written consent of the owner or owners of the such privately owned and operated facilities. (c) The obtaining of such surveys, investigations, studies, borings, maps, plans, drawings,and estimates pursuant CS/CS/HB 2021 to this subsection serves is hereby declared to be a public county purpose and the costs thereof may be paid out of the general funds of the county or independent special district.(d) Upon receipt of the such report, the county commission or the county commission for each county in which the independent special district is exercising the authority of this section may authorize the purchase and and/or construction of such facilities as it deems may deem feasible and practicable. (e) All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired an dplaced in its original condition as nearly as practicable or adequate compensation made therefor out of the funds provided to the county by this chapter or, if the damage or destruction is caused by an independent special district, out of the funds deriv ed from the revenue sources authorized for the special district in its charter.(f) The state hereby consents to the use of all state lands lying under water which are necessary for the accomplishments or purposes of this chapter. (2) The construction or maintenance of a water supply or sewage disposal system on sovereign submerged lands by a county or an independent special district is exempt from the requirements of s. 253.77, provided that the county or independent special district completes the requ irements of subsection (1). CS/CS/HB 2021 Section 2. Paragraph (e) is added to subsection (1) of section 403.928, Florida Statutes, to read: 403.928 Assessment of water resources and conservation lands.-The Office of Economic and Demographic Research shall conduct an annual assessment of Florida's water resources and conservation lands. (1) WATER RESOURCES.-The assessment must include all of the following: (e) Beginning with the assessment due January 1, 2022, an analysis of the expenditures necessary to repair,replace, and expand water-related infrastructure. As part of this analysis, the office shall periodically survey public and private utilities. Section 3. Section 403.9301, Florida Statutes, is created to read: 403.9301 Wastewater services projectio ns.-(1) The Legislature intends for each county, municipality, or special district providing wastewater services to create a 20-year needs analysis. (2) As used in this section, the term: (a) "Domestic wastewater" has the same meaning as provided in s. 367.021. (b) "Facility" means any equipment, structure, or other property, including sewerage systems and treatment works, used to provide wastewater services. CS/CS/HB 2021 (c) "Treatment works" has the same meaning as provided in s. 403.031(11). (d) "Wastewa ter services" means service to a sewerage system, as defined in s. 403.031(9), or service to domestic wastewater treatment works. (3) By June 30, 2022, and every years thereafter, each county, municipality, or special district providing wastewater services shall develop a needs analysis for its jurisdiction over the subsequent years. In projecting such needs, each local government shall include the following: (a) A detailed description of the facilities used to provide wastewater services. (b) The number of current and projected connections and residents served calculated in-year increments. (c) The current and projected service area for wastewater services. (d) The current and projected cost of providing wastewater services calculated i n5-year increments. (e) The estimated remaining useful life of each facility or its major components. (f) The most recent-year history of annual contributions to, expenditures from, and balances of any capital account for maintenance or expansion of any facility or its major components. (g) The local government's plan to fund the maintenance or CS/CS/HB 2021 expansion of any facility or its major components. The plan must include historical and estimated future revenues and expenditures with an evaluation of how the local government expects to close any projected funding gap. (4) Upon completing the requirements of subsection (3), each municipality or special district shall submit its needs analysis, as well as the methodology and any supporting data necessary to interpret the results, to the county within which the largest portion of its service area is located. Each county shall compile all analyses submitted to it under this subsection into a single document and include its own analysis in the document. The county shall file the compiled document with the coordinator of the Office of Economic and Demographic Research no later than July 31, 2022, and every years thereafter. (5) The Office of Economic and Demographic Research shall evaluate the compiled docu ments from the counties for the purpose of developing a statewide analysis for inclusion in the assessment due January 1, 2023, pursuant to s. 403.928. Section 4. Section 403.9302, Florida Statutes, is created to read: 403.9302 Stormwater management projections.-(1) The Legislature intends for each county, municipality, or special district providing a stormwater management program or stormwater management system to create a-year needs analysis. (2) As used in this section, the term: CS/CS/HB 2021 (a) "Fac ility" means any equipment, structure, or other property, including conveyance systems, used or useful in connection with providing a stormwater management program or stormwater management system. (b) "Stormwater management program" has the same meaning as provided in s. 403.031(15). (c) "Stormwater management system" has the same meaning as provided in s. 403.031(16). (3) By June 30, 2022, and every years thereafter, each county, municipality, or special district providing a stormwater management program or stormwater management system shall develop a needs analysis for its jurisdiction over the subsequent 212 years. In projecting such needs, each local government shall include the following: (a) A detailed description of the stormwater management program or stormwater management system and its facilities and projects. (b) The number of current and projected residents served calculated in-year increments. (c) The current and projected service area for the stormwater management program or stor mwater management system. (d) The current and projected cost of providing services calculated in-year increments. (e) The estimated remaining useful life of each facility or its major components. CS/CS/HB 2021 (f) The most recent-year history of annual contrib utions to, expenditures from, and balances of any capital account for maintenance or expansion of any facility or its major components. (g) The local government's plan to fund the maintenance or expansion of any facility or its major components. The plan must include historical and estimated future revenues and expenditures with an evaluation of how the local government expects to close any projected funding gap. (4) Upon completing the requirements of subsection (3), each municipality or special distri ct shall submit its needs analysis, as well as the methodology and any supporting data necessary to interpret the results, to the county within which the largest portion of its stormwater management program or stormwater management system is located. Each county shall compile all analyses submitted to it under this subsection into a single document and include its own analysis in the document. The county shall file the compiled document with the Secretary of Environmental Protection and the coordinator of the Office of Economic and Demographic Research no later than July 31, 2022, and every years thereafter. (5) The Office of Economic and Demographic Research shall evaluate the compiled documents from the counties for the purpose of developing a statewid eanalysis for inclusion in the assessment due January 1, 2023, pursuant to s. 403.928. CS/CS/HB 2021 Section 5. The Legislature determines and declares that this act fulfills an important state interest. Section 6. This act shall take effect July 1, 2021.