Florida Senate - 2012                                    SB 1178
       
       
       
       By Senator Hays
       
       
       
       
       20-00477C-12                                          20121178__
    1                        A bill to be entitled                      
    2         An act relating to permits for alternative water
    3         supplies; amending s. 373.236, F.S.; requiring that
    4         certain permits approved for the development of
    5         alternative water supplies by certain entities be
    6         granted for 30 years; requiring that such permit be
    7         extended under specified conditions; prohibiting a
    8         reduction in permitted water quantities during the
    9         extension of the permit; excluding from application of
   10         the act a permit for nonbrackish groundwater or
   11         nonalternative water supplies; providing an option for
   12         the duration of an alternative water supply permit to
   13         a county, special district, regional water supply
   14         authority, multijurisdictional water supply entity, or
   15         publicly or privately owned utility; providing an
   16         effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (5) of section 373.236, Florida
   21  Statutes, is amended to read:
   22         373.236 Duration of permits; compliance reports.—
   23         (5)(a) Permits approved for the development of alternative
   24  water supplies shall be granted for a term of at least 20 years.
   25  However, if the permittee issues bonds for the construction of
   26  the project, upon request of the permittee before prior to the
   27  expiration of the permit, that permit shall be extended for such
   28  additional time as is required for the retirement of bonds, not
   29  including any refunding or refinancing of such bonds, provided
   30  that the governing board determines that the use will continue
   31  to meet the conditions for the issuance of the permit. Such a
   32  permit is subject to compliance reports under subsection (4).
   33         (b)1. Permits approved on or after July 1, 2011, for the
   34  development of alternative water supplies by a county, special
   35  district, regional water supply authority, multijurisdictional
   36  water supply entity, or publicly or privately owned utility
   37  shall be granted for a term of at least 30 years. If, within 7
   38  years after a permit is granted, the permittee issues bonds to
   39  finance the project, completes construction of the project, and
   40  requests an extension of the permit duration, the permit shall
   41  be extended to expire upon the retirement of such bonds or 30
   42  years after the date construction of the project is complete,
   43  whichever occurs later. However, the duration of the permit may
   44  not be extended more than 7 years after the original expiration
   45  date of the permit.
   46         2. A permit issued under this paragraph is subject to
   47  compliance reports under subsection (4). However, the quantity
   48  of alternative water allocated under the permit may not be
   49  reduced during a compliance report review if the permittee
   50  demonstrates that bonds issued to finance the project are
   51  outstanding. Any quantity reductions required by an adopted
   52  districtwide water shortage order apply to permits issued under
   53  this paragraph.
   54         3. A permit issued under this paragraph may not authorize
   55  the use of nonbrackish groundwater supplies or nonalternative
   56  water supplies.
   57         (c) A county, special district, regional water supply
   58  authority, multijurisdictional water supply entity, or publicly
   59  or privately owned utility may apply for an alternative water
   60  supply permit under paragraph (a) or paragraph (b).
   61         Section 2. This act shall take effect July 1, 2012.