11143668, 40D-21.031 - Florida Administrative Rules, Law, Code, Register

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Notice: 11143668

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER SHORTAGE PLAN

Overview

RULE:

40D-21.031	Elements of the Plan (Repealed)
40D-21.051	Definitions
40D-21.211	Monitoring Conditions
40D-21.221	Evaluating Water Conditions
40D-21.231	Declaring a Water Shortage
40D-21.251	Water Shortage Phases
40D-21.275	Implementing a Water Shortage Declaration
40D-21.281	Modifying or Rescinding a Water Shortage Declaration
40D-21.331	Declaring a Water Shortage Emergency
40D-21.371	Actions During a Water Shortage Emergency
40D-21.391	Implementing a Water Shortage Emergency Declaration
40D-21.421	Enforcement
40D-21.441	Public Supply Water Shortage Mitigation Plans (Repealed)
40D-21.601	General
40D-21.621	Phase I: Moderate Water Shortage
40D-21.631	Phase II: Severe Water Shortage
40D-21.641	Phase III: Extreme Water Shortage
40D-21.651	Phase IV: Critical Water Shortage

PURPOSE:

The purpose of this rulemaking is to amend the District’s Water Shortage Plan. The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public. Each water management district is required, by state law, to have and implement a Water Shortage Plan which guides its responses to drought and other water shortage events. The District’s Water Shortage Plan (Chapter 40D-21, F.A.C.) was first developed in 1984.

SUMMARY:

Needed modifications to the Plan were identified during the 1999-2001 drought and were addressed in a substantive rule update that ended in 2006. That update was part of a multi-year, multi-rule revision process which also involved major revisions to the District’s Year-Round Water Conservation Measures (Chapter 40D-22, F.A.C.). The revised year-round measures include a twice-per-week limit on lawn watering and other baseline demand management requirements upon which more stringent water shortage restrictions can be temporarily added, when needed, in accordance with the Plan. Further modifications to the Plan occurred in 2008 to clarify public supply water shortage mitigation provisions.
In September 2009, the Governing Board authorized initiation of rulemaking to incorporate additional rule modifications that were identified as a result of the District’s experience during the 2007-2010 droughts. Staff held two focus group meetings on November 5, 2009 and January 14, 2010, two public workshops on November 20, 2009 and April 29, 2010, and one special joint meeting of the Green Industry and Agricultural Advisory Committees on July 8, 2010 in order to develop and refine appropriate amendment language. Participants in these forums included: the air conditioning industry, University of Florida – Institute of Food and Agricultural Sciences extension agents, public supply water conservation specialists, sod farmers, local government attorneys, plant nursery representatives, and other subject matter experts.
On October 26, 2010, the Governing Board approved the proposed rule amendments, including staff suggested changes to resolve concerns from the Peace River Manasota Regional Water Supply Authority and other parties received just prior to that Board meeting. However, publication for adoption and other final rulemaking steps needed to formally implement the Board-approved amendments were subsequently postponed. Postponement was needed to provide staff additional time to update the corresponding Statement of Estimated Regulatory Costs (SERC) in accordance with new provisions of Section 120.541(1), F.S., which was enacted as a result of HB 1565 from the Florida Legislature’s 2010 session.
The vast majority of the Board-approved rule amendments were ultimately determined to be consistent with the legislation and the regulatory streamlining and job protection goals of the statutory provisions and Executive Order 11-01. However, costs associated with four specific categories of Board-approved amendments (strengthening utility reporting requirements, strengthening utility messaging requirements, adding a new requirement for properties to test lawn and landscape irrigation systems which would need to be enforced, and clarifying the District’s expectations regarding local enforcement) were determined to have potentially disproportionate impacts and were re-examined.
Analysis of each of the four categories of rules listed above were used to identify potential revisions to the Board-approved amendments. The proposed revisions retain the most critical benefits while substantially reducing the regulatory costs. The proposed revisions do not require ratification by the Florida Legislature in accordance with Section 120.541(1), F.S.

RULEMAKING AUTHORITY:

373.044, 373.113 FS.

LAW:

373.119, 373.175, 373.185, 373.246 FS.

PRINT PUBLISH DATE:

3/9/2012 Vol. 38/10

COMMENTS:

From 3/9/2012 To 3/30/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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