Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for SB 2026 Barcode 694036 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/14/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Jones) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 431 - 468 4 and insert: 5 Section 14. Subsections (6) and (7) are added to section 6 373.236, Florida Statutes, to read: 7 373.236 Duration of permits; compliance reports.— 8 (6)(a) The need for alternative water supply development 9 projects to meet anticipated public water supply demands of the 10 state is such that it is essential to encourage participation in 11 and contribution to such projects by private rural landowners 12 who characteristically have relatively modest near-term water 13 demands but substantially increasing demands after the 20-year 14 planning horizon provided in s. 373.0361. Where such landowners 15 make extraordinary contributions of lands or construction 16 funding to enable the expeditious implementation of such 17 projects, water management districts and the department are 18 authorized to grant permits for such projects for a period of up 19 to 50 years to municipalities, counties, special districts, 20 regional water supply authorities, multijurisdictional water 21 supply entities, and publicly owned or privately owned utilities 22 created for or by the private landowners on or before April 1, 23 2009, which entities have entered into an agreement with the 24 private landowner, for the purposes of more efficiently pursuing 25 alternative public water supply development projects identified 26 in a district’s regional water supply plan and meeting water 27 demands of both the applicant and the landowner. 28 (b) Any permit pursuant to paragraph (a) shall be granted 29 only for that period of time for which there is sufficient data 30 to provide reasonable assurance that the conditions for permit 31 issuance will be met. Such a permit shall require a compliance 32 report by the permittee every 5 years during the term of the 33 permit. The report shall contain sufficient data to maintain 34 reasonable assurance that the conditions for permit issuance, 35 applicable at the time of district review of the compliance 36 report, are met. Following review of the report, the governing 37 board or the department may modify the permit to ensure that the 38 use meets the conditions for issuance. 39 40 This subsection shall not be construed to limit the authority of 41 the department or a water management district governing board to 42 modify or revoke a consumptive use permit. 43 (7) A permit that is approved for the use of water for a 44 renewable energy generating facility or for cultivating 45 agricultural products on lands of 1,000 acres or more for 46 renewable energy, as defined in s. 366.91(2)(d), shall be 47 granted for a term of at least 25 years upon the applicant’s 48 request, based on the anticipated life of the facility, if there 49 is sufficient data to provide reasonable assurance that the 50 conditions for permit issuance will be met for the duration of 51 the permit. Otherwise, a permit may be issued for a shorter 52 duration that reflects the longest period for which such 53 reasonable assurances are provided. The permittee shall provide 54 a compliance report every 5 years during the term of the permit, 55 as required in subsection (4). 56 Section 15. Subsection (4) of section 373.243, Florida 57 Statutes, is amended to read: 58 373.243 Revocation of permits.—The governing board or the 59 department may revoke a permit as follows: 60 (4) For nonuse of the water supply allowed by the permit 61 for a period of 2 years or more, the governing board or the 62 department may revoke the permit permanently and in whole unless 63 the user can prove that his or her nonuse was due to extreme 64 hardship caused by factors beyond the user’s control. For a 65 permit having a duration determined under s. 373.236(7), the 66 governing board or the department has revocation authority only 67 if the nonuse of the water supply allowed by the permit is for a 68 period of 4 years or more. 69 70 ================= T I T L E A M E N D M E N T ================ 71 And the title is amended as follows: 72 Delete line 49 73 and insert: 74 issuance of a permit; providing that certain permits 75 shall be granted for terms of at least 25 years; 76 requiring reports by the permittees; amending s. 77 373.243, F.S.; providing that certain permits may not 78 be revoked unless nonuse of the water supply allowed 79 by the permit is for 4 years or more; amending s. 80 373.406, F.S.;