The Department amends Rule 62-41.302(1), F.A.C., to update the Central Florida Water Initiative (CFWI) Area Supplemental Applicant’s Handbook to implement Section 373.0465, Florida Statutes, which requires the Department ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-41.302Central Florida Water Initiative Area, Supplemental Applicant’s Handbook

PURPOSE AND EFFECT: The Department amends Rule 62-41.302(1), F.A.C., to update the Central Florida Water Initiative (CFWI) Area Supplemental Applicant’s Handbook to implement Section 373.0465, Florida Statutes, which requires the Department update the drought allocation for supplemental irrigation for agricultural uses and provide a process for the applicable water management district implementing the rules to annually examine an agricultural user’s 5-year moving average supplemental irrigation water use. The rule will address agricultural water users in the “Central Florida Water Initiative Area”, which includes all of Orange, Osceola, Polk, and Seminole Counties, and southern Lake County.

SUMMARY: Section 373.0465, Florida Statutes, was amended in 2021 to include a requirement that the Department adopt a 2-in-10 year drought allocation for supplemental irrigation for agricultural uses and a process for the applicable water management district implementing the rules to annually examine an agricultural user’s 5-year moving average supplemental irrigation water use. These provisions require the Department to amend the CFWI Supplemental Applicant’s Handbook incorporated by reference in Rule 62-41.302, F.A.C. In addition to the substantive amendments, the Department added a cover page, table of contents, and included some technical changes by updating parenthesis for readability. The Supplemental Applicant’s Handbook is available for review at: https://floridadep.gov/water-policy/water-policy/content/office-water-policy-rulemaking.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule is an amendment that will reduce regulatory costs and transactional costs to the regulated public and to the water management districts.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.043, 373.0465, 373.171, F.S.

LAW IMPLEMENTED: 373.016, 373.019, 373.026, 373.036, 373.0363, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 373.229, 373.709, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stefani Weeks, 3900 Commonwealth Boulevard, Mail Station 46, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-41.302: Central Florida Water Initiative Area, Supplemental Applicant’s Handbook

(1) Rules 62-41.302 through 62-41.305, F.A.C., shall be used in conjunction with the Central Florida Water Initiative Area Supplemental Applicant’s Handbook (Supplemental Applicant’s Handbook), effective [date] June 21, 2021, which is hereby adopted and incorporated by reference herein, (https://www.flrules.org/Gateway/reference.asp?No=Ref-13145). Materials adopted by reference in this chapter are available from the Department of Environmental Protection’s Internet Site https://floridadep.gov/water-policy, or by contacting the Office of Water Policy, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 46, Tallahassee, Florida 32399, [phone])). Design Aids referenced within the Supplemental Applicant’s Handbook are not incorporated by reference and are for information purposes only.

(2) No change.

Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.019, 373.036, 373.042, 373.0421, 373.0465, 373.171, 373.223, 373.229, FS. History–New 6-21-21, Amended    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Stefani Weeks

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 22, 2021