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1990-12 Support of House Bill 3185-Interlocal Co-op before siting of Landfill RESOLUTION NO, 90 - 12 A RESOLUTION OF THE CIT'i COMMISSION OF THE CIT'i OF PARKLAND. FLORIDA. SUPPORTING THE ADOPTION OF HOUSE BILLS 316' AND 318!5. REQUIRING INTERLOCAL COOPERATION BEFORE THE SITING OF LANDFILL WHEREAS. the Legislature of the State of Florida is considering House Bill 3185: and WHEREAS. said Bill would require an interlocal agreement prior to the location by a county of a landfill in an area in close proximity to another: and WHEREAS. House Bill 316!5 requires regional review of proposed landfills; and WHEREAS. the City Commission of the City of Parkland believes that such interlocal cooperation and regional review would be beneficial; and WHEREAS. the City Commission of the City of Parkland believes that important decisions with regional consequences. such as the siting of landfill should only be undertaken with regard to the cooperation of affected parties and a broad based review; NOW, THEREFORE. BE IT RESOLVED BY THE CIT'i COMMISSION OF THE CIT'i OF PARKLAND, AS FOLLOWS: Section 1. The City Commission of the City of Parkland hereby strongly urges the Florida Legislature to adopt House Bills 318!5 and 316!5. Section 2. The City Manager of the City of Parkland is hereby authorized to forward copies of this Resolution to all members of the Florida Legislative Delegation, the Broward County Legislative Delegation, and to the majority and minority leaders of both the House and Senate of the State of Florida. Section 3. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 2-DAY OF May 1990. Su~~'~k ~~~ S PAGLIARK', or ::::.~:':;,;,;~:""":::~:...:';: ::~-'.:...::...' :"'.' ....-:--~~.;-O':-w::-.:-...~-~:-;.;!.~~~,~'~.:"'l~~;- CORRECTED COPY Florida House of Representatives - 1990 By Representative Holzendorf HB 3185 A bill to be entitled An act relating to solid waste management. amending s. 403.707, F.S.f prohibiting the issuance of a permit for a solid waste landfill located within 2 miles of an adjacent county if the counties involved have not entered into an interlocal agreement with respect thereto. providing an effective date. I 2 3 4 5 6 7 8 4) 10 Be It Enacted by the Legislature of the state of Florida. 11 12 Section 1. Subsection 151 of section 403.707, Florida 13 Statutes, is amended to read. 14 403.707 Permits.-- 15 ISI1!j The department may not issue a construction 16 permit pursuant to this part for a new solid waste landfill 17 within 3,000 feet of Class I surface waters. 18 Ibl The department may not issue a construction permit 19 pursuant to this part for a new solid waste landfill in any 20 county that will be located within 2 miles of the boundary of 21 any other county of this state, unless such counties have 22 entered into an interlocal aareement pursuant to s. 163.01 23 with respect to the landfill. 24 Section Z. This act shall take effect upon becoming a 25 law. 26 27 28 29 30 31 1 CODING: Herds stricken are deletions. words underlined are additions. "' ,.~ ., ~lf~,~~~~~:~;~:~ Florida House of Representativos - 1990 116-183-2-0 1 2 3 .. 5 6 7 8 ......................................... HOUSE SUI1tIAR'i Prohibits the issuance of a permit for a solid landfill located within 2 miles of an adjacent the counties involved have not entered into an agreement with respect thereto. HB 3185 waste county if tnterlocal 9 This publication was produced at an average cost of 1.12 cents per single page in compliance with the Rules and for 10 the information of members of the Legislature and the public. 11 It. 13 14 15 16 17 18 19 20 Z1 22 23 24 25 26 1.7 1.8 1.9 30 31 ~1~(~~:'.:~~~~~~~*~~~ z CODING: Hords .t..iekero are deletions I words underlined are addi tions. I :.' I I I ! .', . ~~Hl;:~~'\~~~~:~~:~~ ~ c .' I Florida House of Representatives - 1990 By Representative Lombard HB 3165 ( ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .5 16 17 18 19 20 WHEREAS. portions of Florida are experiencing repeated 21 and prolonged ahortages of water supplies and water 22 conservation and allocation measures are required. and 23 WHEREAS. almost all of Florida has a mean annual 24 rainfall between 48 and 60 inches with the greatest amounts 25 occurring during the summer. and 26 HHEREAS. vast amounts of rainfall and potential 27 freshwater supplies are allowed to run off upland locations 28 and are not effectively used and are wasted. and L9 WHEREAS. Florida needs to construct a system of surface 30 water reservoirs to retain rainfall for freshwater supplies 31 during periods of drought and such surface water impoundments A bill to be entitled An act relating to water supply projectsJ amending s. 373.191. F.S.J authorizing counties to cooperate with the Department of Environmental Regulation and water management districts in water conservation projectsJ amending s. 373.196. F.S.J providing legislative findings relating to water supply needsl amending s. 373.1961. F.S.J providing for water management districts to administer grant programs for meeting water supply needsl requiring the department to develop a grant program to fund the construction of water supply facilities by local governments I providing certain re~uirements for matching fundsl creating the Water Supply Facility Trust Fundi providing an appropriationJ providing an effective date. ( 1 COOING: Hards stricken are deletionsI words ~erlined are additions. .~1-'filf~:~~::#~; ., -'-'~-,.~;.~.. ~..~~~}-;,:..;,J'~~~,:~~-_~~~;",~-=-:,,~~y~~~~~~~ ~,=.=,_~"._,.,=;,~",..:_.-,,:,,~O._"'i,~":";'" . "" .'-.,--. ',' ......-.-. . -....~..;h.7 '" I ; ..'J Florida House of Representatives - 1990 Z31-340-3-0 HB 3165 1 could, if properly located. facilitate recharge of ground ~ 2 water supplies. NOH. THEREFORE, 3 4 Be It Enacted by the Legislature of the state of Florida. 5 6 Section 1. Section 373.191, Florida statutes, is 7 amended to read. 8 373.191 County water conservation projects.--The 9 several counties of the state may coopetate with the 10 Department of Environmental Reaulation and the water 11 manaaemen' districts diYision by engaging in county water 12 development and conservation projects and may use county funds 13 and e~uipment for this purpose and to do all other things 14 necessary in connection with the development and conservation 15 of the county's water resources consistent with the provisions 16 of this law and the rules and-re,_lations adopted pursuant 17 thereto. ( 18 Section 2. Section 373.196, Florida Statutes, is 19 amended to read. , 20 373.196 Legislative findings.-- 21 ll) It is the finding of the Legislature that 22 cooperative efforts between municipalities, counties, water 23 management districts, and the Department of Environmental 24 Regulation are mandatory in order to meet the water needs of 25 rapidly urbanizing areas in a manner which will supply 26 adequate and dependable supplies of water where needed without 27 resulting in adverse effects upon the areas from whence such 28 water is withdrawn. Such efforts should utilize all practical 29 means of obtaining water, including, but not limited to, 30 withdrawals of surface water and ground water, construction of 31 surface water reservoirs and impoundments to facilitate around t ( CODING: Wo,.ds st,.ieken a,.. del.tions) wo,.ds unde,.lined a,.. additions. Florida House of Representatives - 1990 231-340-3-0 HB 3165 1 water, recharqe. recycling of wastewater, and desalinization, 2 and will necessitate not only cooperation but also well- 3 coordinated activities. The purpose of ss. 373.1961 and 4 373.196Z this-aet is to provide additional statutory authority 5 for such cooperative and coordinated efforts. 6 ~2~--"uftieipalities-aftd-eo.ftties-are-eneo.ra~ed-to 7 ereate-regioftal-water-s.pply-e.thorities-as-a.thorized-hereinT 8 It-is-f.rther-the-intent-that-~.nieip.litiesy-eo.ntiesy-and 9 regioftal-water-supply-..thorities-are-to-haye-the-primary 10 respoftsibility-for-weter-s.pplyy-aftd-water-mafta,eaent 11 distriets-aftd-their-besift-~.rds-are-to-eng~,e-oftly-ift-those 12 f.ftetions-that-ere-ineidental-to-the-exereise-of-their-flood 13 eofttrol-aftd-water-mana,ement-powersT 14 1Zl~3i Nothing herein shall be construed to preclude 5 the various municipalities and counties from continuing to 16 operate existing water production and transmission facilities 17 or to enter into cooperative agreements with other 18 municipalities and counties or with water manaaement districts 19 or water supply authoritie~ for the purpose of meeting their 20 respective needs for dependable and adequate supplies of 21 water, provided the obtaining of water through such operations 22 shall not be done in a manner which results in adverse effects 23 upon the areas from whence such water is withdrawn. 24 Section 3. Section 373.1961, Florida Statutes. is 25 amended to read, 26 373.1961 Hater production.--In the performance of. and 27 in conjunction with, its other powers and duties, the 28 governing board of a water management district existing .9 pursuant to chapter 373, 30 11) Shall engage in planning to assist counties, 31 municipalities. and regional water supply authorities in 3 COOING: Hards "t..ieken are deletionu words underlined are additions. I .'. ,,;~~~~~l(~~~*~~ ____ ..:_-.:~_~..-~~~~.~j:.:..:":,,-,,..~~\:\&~;'::;l~;i;~~'X~t.<iO.l~ , -.,..: _,0'. .... ~'." '"';"'. ~'."'. .....,._. :-,:-', ~,-.-.,~ .'" . -'. ;'. -, ,.;,: -~" .', ":". - "-, ". "" ." " I :. '-1 Florida House of Represent.atives - 1990 Z31-340-3-0 HB 3165 I meeting water supply needs in such manner as will give Z priority to encouraging conservation and reducing adverse S environmental effects of improper or excessive withdrawals of 4 water from concentrated areas. As used in this section. S regional water supply authorities are regional water 6 authorities created under s. 373.1962 or other laws of this 7 state. e (%) Shall assist counties. municipalities. and water 9 supply authorities in meeting water supply, needs in such 10 manner as will give priority to encouraging conservation and 11 reducing adverse environmental effects of improper or 12 excessive withdrawals of water from concentrated areas. 13 (3) nay establish. design. construct, operate. and 14 maintain water production and transmission facilities for the IS purpose of supplying water to counties. municipalities. and 16 regional water supply authorities. The permit re~uired by 17 part II of this chapter for a water management district 18 engaged in water production and transmission shall be granted. 19 denied. or granted with conditions by the department. 20 (4) Shall not engage in local distribution. 21 (5) Shall not deprive. directly or indirectly. any 2Z county wherein water is withdrawn of the prior right t~ the 23 reasonable and beneficial use of water which is required to 24 supply adequately the reasonable and beneficial needs of the 25 county or any of the inhabitants or property owners therein. 26 (6) nay provide water and financial assistance to 27 regional water supply authorities. but may not provide water 28 to counties and municipalities which are located within the 29 area of such authority without the specific approval of the 30 authority or. in the event of the authority's disapproval. the 31 approval of the Governor and Cabinet sitting as the Land and 4 ( COOING: Hords II ~,.ieken are deletions l words unde,.l ined are acldi Hans. Florida House of Representatives - 1990 231-340-3-0 HB 3165 ( 1 Hater Adjudicatory Commission. The district may supply water 2 at rates and upon terms mutually agreed to by the parties or, 3 if they do not agree, as set by the governing board and 4 specifically approved by the Governor and Cabinet sitting as 5 the Land and Hater Adjudicatory Commission. 6 ( 7) tfay acquire title to such interest as is necessary 7 in real property, by purchase, gift, devise, lease, emlnen~ 8 domain, or otherwise, for water production and transmission 9 consistent with this section. However, the district shall not 10 use any of the eminent dcaain powers herein granted to ac~uire 11 water and water rights already devoted to reasonable and 12 beneficial use or any water production or transmission 13 facilities owned by any county, municipality, or regional 14 water supply authority. The district may exercise eminent (' 15 domain powers outside' of its district boundaries for the 16 ac~uisition of pumpage facilities, storage areas, transmission 17 facilities, and the normal appurtenances thereto, provided 18 that at least 45 days prior to the exercise of eminent domain, 19 the district notifies the district where the property is 20 located after public notice and the district where the 21 property is located does not object within 45 days after 22 notification of such exercise of eminent domain authority. 23 18) In addition to the power to issue revenue bonds 24 pursuant to s. 373.584, may issue revenue bonds for the 25 'purposes of paying the costs and expenses incurred in carrying 26 out the purposes of this chapter or refunding obligations of Z7 the district issued pursuant to this section. Such revenue 28 bonds shall be secured by, and be payable from, revenues ( 29 derived from the operation, lease, or use of its water 30 production and transmission facilities and other water-related 31 facilities and from the sale of water or services relating 5 CODING: Herds st,.icktm are deletions. words underlined are additions. I .....1 ~~~~~~11~~~~~! I .." ~.., :":.'-'~"''';'_: ::.. ..:..'....~,~.~ .~'_' ...;" ....!..:...' ..'t...wA.~~~':". '. - :'~-''-'P;' . -~p.-.. -...-...;..;... '<:" ..;-. ;".;-~~~;.~ :-o;~=-"~,::..;~..;,..:,,.~.:, :'l-:'t~~-:-:.:~. ,;~..~ c ,.. .', Florida House of Representatives - 1990 231-340-3-0 H8 3165 1 thereto. Such ~evenue bonds may not be secured by, or be 2 payable fr~, .oneys derived by the district from the Hater 3 Manag..ent Lands Trust Fund or from ad valorem taxes received 4 by the district. All provisions of s. 373.584 relating to the S issuance of revenue bonds which are not inconsistent with this 6 section shall apply to the issuance of revenue bonds pursuant 7 to this section. The district .ay also issue bond 8 anticipation notes in accordance with the provisions of s. 9 373.584. 10 (9) May join with one or .ore other water .anag_ent 11 districts, counties, .unicipalities, or regional water supply 12 authorities for the purpose of carrying out any of its powers, 13 and may contract with such other entities to finance 14 acquisitions, construction. operation. and maintenance. The IS contract may provide for contributions to be made by each 16 party thereto. for the division and apportionment of the 17 expenses of acquisitions, construction, operation. and 18 maintenance. and for the division and apportionment of the 19 benefits. services, and products therefrom. The contracts may 20 contain other covenants and agreements necessary and 21 appropriate to accomplish their purposes. 22 (10) May administer. in whole or in part. any arant or 23 financial assistance proaram deleaated by the Department of 24 Environmental Reaulation and desianed to assist local 2S aovernments in meetina water supply needs. 26 Section 4. 'Construction arants for water supplY 27 facilities.-- 28 11) The Department of Environmental Reaulation shall 29 develop a arant proaram to assist local aovernments in meetina 30 water supply needs. Such arants shall be for the construction 31 of facilities desianed to maximize the usaae of periodic heavy 6 ( ( ( CODING: Hards s4:l'icken are deletions~ words undel'lined are additions. . Florid.'1 House of Representatives - 1990 231-340-3-0 HB 3165 1 ~ainfalls by storina water for later needs or retainina water 2 for recharae of around water supplies or for the construction 3 of other similar facilities capable of manaaina ~ainfall 4 ~upplies. A arant may not be made for anv proiect unless such 5 proiect and the plans and specifications therefor are approved 6 bY the department. 7 (21 A proiect arant under this proaram may be 1n 8 addition to other state contributions. however. total 9 contributions from state revenue sources may not exceed 50 10 percent of the cost of the pro1ect. A arant may not be made 11 until the local aovernmental aaency has available to it that 12 part of the total cost of the pr01ect which is at least equal 13 to the proiect costs covered by state revenue sources. 14 (3) Any county. municipalitv. water manaaement 15 district. or water supply authority is eliaible to receive a 16 arant under this proaram. Special consideration s~all be 17 aiven to any application for a arant which is desianed to meet 18 a reaional water supply need or the combined needs of several 19 local aovernments. Each local aovernment is encouraaed to 20 develop an interlocal aareement to meet its water supplv 21 ntt!!L. 22 (41 A arant may not be made unless the department has 23 afforded all local aovernments. water manaaement districts. 24 and water supply authorities with iurisd1ction over the 25 proiect area an opportunity to review and comment on the 26 proposed proiect. and the department has determined that the 27 proiect is not harmful to the environment and has a likelihood 28 of accomplishina its purposes. 29 (51 The department shall adopt rules relatina tq 30 forms. application format. and other information and 31 documentation needed to administer this arant proaram. 7 CODING: Hords strieke" are deletionsJ words underlined are additions. " ~~l{ljt:',:',:", ..:..,:,..... ",.:.: ~.~.::_~~,:. .~.;~~ . ~ _ ~- ~~ ~~""'~'~..:.--!: .:',{.,......:.... ,,-' :...,_..:....:..:i...:..:~ " ",-: ~:,.-::-- "".....;... i:-.;".:.;-- ~". .".~'..:-..~.~...;.~.~~ ".-:".,". Florida House of Representatives - 1990 231-340-3-0 H8 3165 ..., (6) There is created within the DepartMent of Envirollllent.l Reaulation the Mater Supply Facility Trust Fund for the purpose of providina arant. to eliaible recipients as provided in thia section and to pay the costs of adMinisterina these funds and the arant Droaram. Section 5. There is hereby appropriated for fiscal year 1990-1991 from the General Revenue Fund to the Hater Supply Facility Trust Fund the sum of $10.000.000 for arants in accordance with the provisions in this act. Beainnina in fiscal year 1991-1992 and annually thereafter at least $10.000.000 shall be available from the State Infrastructure Trust Fund for the purposes of this act. Section 6. This act sha 11 take effect upon becoming a law. ******.........*.**.*.*****.**.*..******. SENATE SUMI1AR~ Revises prOV1S10ns relating to water conservation efforts by counties and water management districts. Authorizes water mana~ement districts to administer certain grant and financ1al assistance pr~rams. Re~uires the Department of Environmental egulation to develop a Irant ~rogram to provide funds for constructing water supp y aeilities. Provides re~uirements for such grant.. Creates the Hater Supply Facility Trust Fund. See bill for details. This publication was produced at an avera~e cost of 1.12 cent. ~er single ~age in comt:ianee with the Ru es and for he informa ion of mem rs of the Legidature and the public. 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 CODING: Hords ..,.ie:ken are deletionsl Hords underlined are additions. , '" I ( ( :~~~~~~~li*~:~!~ (