Bill Text: FL H1001 | 2011 | Regular Session | Introduced

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Bill Title: Permitting of Consumptive Uses of Water

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1001 Detail]

Download: Florida-2011-H1001-Introduced.html

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HB 1001

1	A bill to be entitled
2	An act relating to permitting of consumptive uses of
3	water; amending s. 373.236, F.S.; requiring consumptive
4	use permits to be issued for a period of 20 years;
5	providing exceptions; deleting legislative findings
6	requiring the Department of Environmental Protection to
7	provide certain information to agricultural applicants;
8	eliminating requirements for permit compliance reports;
9	removing the authority of the department and the water
10	management district governing boards to request permit
11	compliance reports and to modify or revoke consumptive use
12	permits; providing for the modification of existing
13	consumptive use permits under certain conditions; amending
14	s. 373.250, F.S.; providing requirements for water
15	management districts in evaluating applications for the
16	consumptive use of water in mandatory reuse zones;
17	providing applicability; creating s. 373.255, F.S.;
18	requiring water management districts to implement a
19	sustainable water use permit program for public water
20	utilities; providing program criteria; providing permit
21	application and issuance requirements; providing
22	requirements for permit monitoring, compliance, and
23	performance metrics; amending ss. 373.2234 and 373.243,
24	F.S.; conforming cross-references; directing each water
25	management district to consult with the Department of
26	Environmental Protection to examine options for improving
27	the coordination between the consumptive use permitting
28	process and the water supply planning process by extending
29	and reconciling certain permitting provisions; requiring
30	each water management district to provide a report to the
31	Governor and the Legislature; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Section 373.236, Florida Statutes, is amended
36	to read:
37	373.236  Duration of permits; compliance reports.-
38	(1)  Permits shall be granted for a period of 20 years
39	unless an applicant requests that the permit be issued for a
40	shorter period of time, if requested for that period of time, if
41	there is sufficient data to provide reasonable assurance that
42	the conditions for permit issuance will be met for the duration
43	of the permit; otherwise, permits may be issued for shorter
44	durations which reflect the period for which such reasonable
45	assurances can be provided. The governing board or the
46	department may base the duration of permits on a reasonable
47	system of classification according to source of supply or type
48	of use, or both.
49	(2)  The Legislature finds that some agricultural
50	landowners remain unaware of their ability to request a 20-year
51	consumptive use permit under subsection (1) for initial permits
52	or for renewals. Therefore, the water management districts shall
53	inform agricultural applicants of this option in the application
54	form.
55	(2)(3)  The governing board or the department may authorize
56	a permit of duration of up to 50 years in the case of a
57	municipality or other governmental body or of a public works or
58	public service corporation where such a period is required to
59	provide for the retirement of bonds for the construction of
60	waterworks and waste disposal facilities.
61	(4)  Where necessary to maintain reasonable assurance that
62	the conditions for issuance of a 20-year permit can continue to
63	be met, the governing board or department, in addition to any
64	conditions required pursuant to s. 373.219, may require a
65	compliance report by the permittee every 10 years during the
66	term of a permit. The Suwannee River Water Management District
67	may require a compliance report by the permittee every 5 years
68	through July 1, 2015, and thereafter every 10 years during the
69	term of the permit. This report shall contain sufficient data to
70	maintain reasonable assurance that the initial conditions for
71	permit issuance are met. Following review of this report, the
72	governing board or the department may modify the permit to
73	ensure that the use meets the conditions for issuance. Permit
74	modifications pursuant to this subsection shall not be subject
75	to competing applications, provided there is no increase in the
76	permitted allocation or permit duration, and no change in
77	source, except for changes in source requested by the district.
78	This subsection shall not be construed to limit the existing
79	authority of the department or the governing board to modify or
80	revoke a consumptive use permit.
81	(3)(5)  Permits approved for the development of alternative
82	water supplies shall be granted for a term of at least 20 years.
83	However, if the permittee issues bonds for the construction of
84	the project, upon request of the permittee prior to the
85	expiration of the permit, that permit shall be extended for such
86	additional time as is required for the retirement of bonds, not
87	including any refunding or refinancing of such bonds, provided
88	that the governing board determines that the use will continue
89	to meet the conditions for the issuance of the permit. Such a
90	permit is subject to compliance reports under subsection (4).
91	(4)(6)(a)  The Legislature finds that the need for
92	alternative water supply development projects to meet
93	anticipated public water supply demands of the state is so
94	important that it is essential to encourage participation in and
95	contribution to these projects by private-rural-land owners who
96	characteristically have relatively modest near-term water
97	demands but substantially increasing demands after the 20-year
98	planning period in s. 373.709. Therefore, where such landowners
99	make extraordinary contributions of lands or construction
100	funding to enable the expeditious implementation of such
101	projects, the governing board water management districts and the
102	department may grant permits for such projects for a period of
103	up to 50 years to municipalities, counties, special districts,
104	regional water supply authorities, multijurisdictional water
105	supply entities, and publicly or privately owned utilities, with
106	the exception of any publicly or privately owned utilities
107	created for or by a private landowner after April 1, 2008, which
108	have entered into an agreement with the private landowner for
109	the purpose of more efficiently pursuing alternative public
110	water supply development projects identified in a district's
111	regional water supply plan and meeting water demands of both the
112	applicant and the landowner.
113	(b)  A permit under paragraph (a) may be granted only for
114	that period for which there is sufficient data to provide
115	reasonable assurance that the conditions for permit issuance
116	will be met. Such a permit shall require a compliance report by
117	the permittee every 5 years during the term of the permit. The
118	report shall contain sufficient data to maintain reasonable
119	assurance that the conditions for permit issuance applicable at
120	the time of district review of the compliance report are met.
121	After review of this report, the governing board or the
122	department may modify the permit to ensure that the use meets
123	the conditions for issuance. This subsection does not limit the
124	existing authority of the department or the governing board to
125	modify or revoke a consumptive use permit.
126	(5)(7)  A permit approved for a renewable energy generating
127	facility or the cultivation of agricultural products on lands
128	consisting of 1,000 acres or more for use in the production of
129	renewable energy, as defined in s. 366.91(2)(d), shall be
130	granted for a term of at least 25 years at the applicant's
131	request based on the anticipated life of the facility if there
132	is sufficient data to provide reasonable assurance that the
133	conditions for permit issuance will be met for the duration of
134	the permit; otherwise, a permit may be issued for a shorter
135	duration if requested by the applicant that reflects the longest
136	period for which such reasonable assurances are provided. Such a
137	permit is subject to compliance reports under subsection (4).
138	(6)  If requested by an existing consumptive use permit
139	holder, the governing board shall modify the permit to bring it
140	into compliance with this section.
141	Section 2.  Subsections (4), (5), and (6) of section
142	373.250, Florida Statutes, are renumbered as subsections (5),
143	(6), and (7), respectively, and a new subsection (4) is added to
144	that section to read:
145	373.250  Reuse of reclaimed water.-
146	(4)(a)  In evaluating an application for the consumptive
147	use of water, a water management district shall recognize a
148	mandatory reuse zone created by a local government or special
149	district pursuant to applicable law that requires persons
150	specified by the local government or special district to connect
151	to a reclaimed water system for irrigation and other nonpotable
152	uses, as follows:
153	1.  If reclaimed water is available and technically and
154	environmentally feasible for the proposed use, the water
155	management district shall presume that reclaimed water is
156	economically feasible in a mandatory reuse zone, and the
157	applicant shall bear the burden of overcoming the presumption.
158	2.  Any applicant in a mandatory reuse zone seeking
159	authorization for a nonpotable use shall consider the
160	feasibility of using available reclaimed water. This requirement
161	applies to all regulated water uses, regardless of the type of
162	permit or authorization, excluding exemptions from permitting.
163	3.  In a mandatory reuse zone, the use of reclaimed water
164	shall be prioritized over other water sources for nonpotable
165	uses and shall be required if determined to be technically,
166	environmentally, and economically feasible.
167	(b)  This subsection does not limit the authority of a
168	reuse utility, local government, or special district to restrict
169	the use of potable water, supplied by the potable water
170	distribution system serving its customers, for the purposes of
171	irrigation or other nonpotable uses that may be met by reclaimed
172	water.
173	Section 3.  Section 373.255, Florida Statutes, is created
174	to read:
175	373.255  Sustainable water use permit.-
176	(1)  Each water management district shall implement a
177	sustainable water use permit program for public water utilities
178	that:
179	(a)  Provides a single permitting process authorizing the
180	use of water from multiple water sources.
181	(b)  Encourages and facilitates the use of alternative
182	water sources.
183	(c)  Stores excess captured surface water flow in off-
184	stream reservoirs or aquifer storage and recovery wellfields.
185	(d)  Recovers stored water in order to reliably meet public
186	demand.
187	(e)  Provides for use of traditional groundwater as a
188	supplemental source during drought conditions when stored water
189	is reduced, to the extent necessary to meet the public demand
190	for water in a reliable and efficient manner.
191	(f)  Preserves traditional water supply sources for use by
192	future generations.
193	(2)  A public water utility applying for a sustainable
194	water use permit must identify each source from which water is
195	proposed to be withdrawn and demonstrate for each source that
196	the withdrawal is a reasonable-beneficial use as defined in s.
197	373.019, is consistent with the public interest, and will not
198	interfere with any presently existing legal use of water.
199	(3)  A sustainable water use permit:
200	(a)  Shall specify all sources from which water may be
201	withdrawn and the conditions under which such withdrawals may be
202	made in order to meet the reasonable public water supply demands
203	of the utility.
204	(b)  May be issued without specifying the quantity of water
205	that is permitted to be withdrawn from any individual source.
206	(c)  Shall be issued for a period of not less than 20
207	years, with the reasonable expectation of renewal in the absence
208	of readily quantifiable changed conditions.
209	(4)  Monitoring, compliance, and performance metrics for
210	sustainable water use permits shall acknowledge and accommodate
211	the natural variability and inherent uncertainty of the climate,
212	weather, and hydrology of the relevant region while
213	simultaneously enabling public water supply utilities to meet
214	the potable water demands of their customers in a reliable,
215	efficient, and cost-effective manner.
216	Section 4.  Section 373.2234, Florida Statutes, is amended
217	to read:
218	373.2234  Preferred water supply sources.-The governing
219	board of a water management district is authorized to adopt
220	rules that identify preferred water supply sources for
221	consumptive uses for which there is sufficient data to establish
222	that a preferred source will provide a substantial new water
223	supply to meet the existing and projected reasonable-beneficial
224	uses of a water supply planning region identified pursuant to s.
225	373.709(1), while sustaining existing water resources and
226	natural systems. At a minimum, such rules must contain a
227	description of the preferred water supply source and an
228	assessment of the water the preferred source is projected to
229	produce. If an applicant proposes to use a preferred water
230	supply source, that applicant's proposed water use is subject to
231	s. 373.223(1), except that the proposed use of a preferred water
232	supply source must be considered by a water management district
233	when determining whether a permit applicant's proposed use of
234	water is consistent with the public interest pursuant to s.
235	373.223(1)(c). A consumptive use permit issued for the use of a
236	preferred water supply source must be granted, when requested by
237	the applicant, for at least a 20-year period and may be subject
238	to the compliance reporting provisions of s. 373.236(4). Nothing
239	in this section shall be construed to exempt the use of
240	preferred water supply sources from the provisions of ss.
241	373.016(4) and 373.223(2) and (3), or be construed to provide
242	that permits issued for the use of a nonpreferred water supply
243	source must be issued for a duration of less than 20 years or
244	that the use of a nonpreferred water supply source is not
245	consistent with the public interest. Additionally, nothing in
246	this section shall be interpreted to require the use of a
247	preferred water supply source or to restrict or prohibit the use
248	of a nonpreferred water supply source. Rules adopted by the
249	governing board of a water management district to implement this
250	section shall specify that the use of a preferred water supply
251	source is not required and that the use of a nonpreferred water
252	supply source is not restricted or prohibited.
253	Section 5.  Subsection (4) of section 373.243, Florida
254	Statutes, is amended to read:
255	373.243  Revocation of permits.-The governing board or the
256	department may revoke a permit as follows:
257	(4)  For nonuse of the water supply allowed by the permit
258	for a period of 2 years or more, the governing board or the
259	department may revoke the permit permanently and in whole unless
260	the user can prove that his or her nonuse was due to extreme
261	hardship caused by factors beyond the user's control. For a
262	permit issued pursuant to s. 373.236(5)(7), the governing board
263	or the department may revoke the permit only if the nonuse of
264	the water supply allowed by the permit is for a period of 4
265	years or more.
266	Section 6.  In consultation with the Department of
267	Environmental Protection, each water management district is
268	directed to examine options for improving the coordination
269	between the consumptive use permitting process under part II of
270	chapter 373, Florida Statutes, and the water supply planning
271	process under part VII of chapter 373, Florida Statutes, by
272	extending and reconciling the duration of issued consumptive use
273	permits to provide for the simultaneous expiration and renewal
274	of the permits, at the request of an applicant, on a rolling
275	basin-specific basis. Each water management district shall
276	report its findings and recommendations to the Governor, the
277	President of the Senate, and the Speaker of the House of
278	Representatives by January 1, 2012. This section does not affect
279	the term of any consumptive use permit issued in accordance with
280	Florida law.
281	Section 7.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.