Bill Text: FL S1178 | 2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Water Management

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Failed) 2012-03-09 - Died in Budget, companion bill(s) passed, see CS/HB 1389 (Ch. [S1178 Detail]

Download: Florida-2012-S1178-Comm_Sub.html

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       Florida Senate - 2012                             CS for SB 1178
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senator Hays
       
       
       
       592-02641-12                                          20121178c1
    1                        A bill to be entitled                      
    2         An act relating to permits for alternative water
    3         supplies; amending s. 373.236, F.S.; specifying
    4         conditions of issuance; requiring that certain permits
    5         approved for the development of alternative water
    6         supplies by certain entities be granted for at least
    7         30 years; requiring that such permits be extended
    8         under specified conditions; providing for a reduction
    9         in permitted water quantities during compliance
   10         reviews under certain circumstances; excluding from
   11         application of the act a permit for nonbrackish
   12         groundwater or nonalternative water supplies;
   13         providing an option for the duration of an alternative
   14         water supply permit to a county, special district,
   15         regional water supply authority, multijurisdictional
   16         water supply entity, or publicly or privately owned
   17         utility; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (5) of section 373.236, Florida
   22  Statutes, is amended to read:
   23         373.236 Duration of permits; compliance reports.—
   24         (5)(a) Permits approved for the development of alternative
   25  water supplies shall be granted for a term of at least 20 years
   26  if there is sufficient data to provide reasonable assurance that
   27  the conditions for permit issuance will be met for the duration
   28  of the permit. However, if the permittee issues bonds for the
   29  construction of the project, upon request of the permittee
   30  before prior to the expiration of the permit, the that permit
   31  shall be extended for such additional time as is required for
   32  the retirement of bonds, not including any refunding or
   33  refinancing of such bonds, if provided that the governing board
   34  determines that the use will continue to meet the conditions for
   35  the issuance of the permit. Such a permit is subject to
   36  compliance reports under subsection (4).
   37         (b)1. Permits approved on or after July 1, 2012, for the
   38  development of alternative water supplies shall be granted for a
   39  term of at least 30 years if there is sufficient data to provide
   40  reasonable assurance that the conditions for permit issuance
   41  will be met for the duration of the permit. If, within 7 years
   42  after a permit is granted, the permittee issues bonds to finance
   43  the project, completes construction of the project, and requests
   44  an extension of the permit duration, the permit shall be
   45  extended to expire upon the retirement of such bonds or 30 years
   46  after the date construction of the project is complete,
   47  whichever occurs later. However, a permit’s duration may not be
   48  extended by more than 7 years beyond the permit’s original
   49  expiration date. A 7-year permit extension, as described in this
   50  subparagraph, shall be applicable to any 30-year permit for the
   51  development of alternative water supplies granted between June
   52  1, 2011, and July 1, 2012.
   53         2. Permits issued under this paragraph are subject to
   54  compliance reports under subsection (4). However, if the
   55  permittee demonstrates that bonds issued to finance the project
   56  are outstanding, the quantity of alternative water allocated in
   57  the permit may not be reduced during a compliance report review
   58  unless a reduction is needed to address unanticipated harm to
   59  water resources or to existing legal uses present when the
   60  permit was issued. A reduction required by an applicable water
   61  shortage order shall apply to permits issued under this
   62  paragraph.
   63         3. Permits issued under this paragraph may not authorize
   64  the use of nonbrackish groundwater supplies or nonalternative
   65  water supplies.
   66         (c) Entities that wish to develop alternative water
   67  supplies may apply for a permit under paragraph (a) or paragraph
   68  (b).
   69         Section 2. This act shall take effect July 1, 2012.