Florida Senate - 2012 CS for CS for SB 1178
By the Committees on Community Affairs; and Environmental
Preservation and Conservation; and Senator Hays
578-02961B-12 20121178c2
1 A bill to be entitled
2 An act relating to water supply; amending s. 373.236,
3 F.S.; specifying conditions of issuance; requiring
4 that certain permits approved for the development of
5 alternative water supplies by certain entities be
6 granted for at least 30 years; requiring that such
7 permits be extended under specified conditions;
8 providing for a reduction in permitted water
9 quantities during compliance reviews under certain
10 circumstances; excluding from application of the act a
11 permit for nonbrackish groundwater or nonalternative
12 water supplies; providing an option for the duration
13 of an alternative water supply permit to a county,
14 special district, regional water supply authority,
15 multijurisdictional water supply entity, or publicly
16 or privately owned utility; creating the Study
17 Committee on Investor-Owned Water and Wastewater
18 Utility Systems; providing for membership and terms of
19 service; prohibiting compensation of the members;
20 providing for reimbursement of the members for certain
21 expenses; providing for removal or suspension of
22 members by the appointing authority; requiring the
23 Public Service Commission to provide staff,
24 information, assistance, and facilities that are
25 deemed necessary for the committee to perform its
26 duties; providing for funding from the Florida Public
27 Service Regulatory Trust Fund; providing duties for
28 the committee; providing for public meetings;
29 requiring the committee to report to the Governor and
30 Legislature its findings and make recommendations for
31 legislative changes; providing for future termination
32 of the committee; providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Subsection (5) of section 373.236, Florida
37 Statutes, is amended to read:
38 373.236 Duration of permits; compliance reports.—
39 (5)(a) Permits approved for the development of alternative
40 water supplies shall be granted for a term of at least 20 years
41 if 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. However, if the permittee issues bonds for the
44 construction of the project, upon request of the permittee
45 before prior to the expiration of the permit, the that permit
46 shall be extended for such additional time as is required for
47 the retirement of bonds, not including any refunding or
48 refinancing of such bonds, if provided that the governing board
49 determines that the use will continue to meet the conditions for
50 the issuance of the permit. Such a permit is subject to
51 compliance reports under subsection (4).
52 (b)1. Permits approved on or after July 1, 2012, for the
53 development of alternative water supplies shall be granted for a
54 term of at least 30 years if there is sufficient data to provide
55 reasonable assurance that the conditions for permit issuance
56 will be met for the duration of the permit. If, within 7 years
57 after a permit is granted, the permittee issues bonds to finance
58 the project, completes construction of the project, and requests
59 an extension of the permit duration, the permit shall be
60 extended to expire upon the retirement of such bonds or 30 years
61 after the date construction of the project is complete,
62 whichever occurs later. However, a permit’s duration may not be
63 extended by more than 7 years beyond the permit’s original
64 expiration date. A 7-year permit extension, as described in this
65 subparagraph, shall be applicable to any 30-year permit for the
66 development of alternative water supplies granted between June
67 1, 2011, and July 1, 2012.
68 2. Permits issued under this paragraph are subject to
69 compliance reports under subsection (4). However, if the
70 permittee demonstrates that bonds issued to finance the project
71 are outstanding, the quantity of alternative water allocated in
72 the permit may not be reduced during a compliance report review
73 unless a reduction is needed to address unanticipated harm to
74 water resources or to existing legal uses present when the
75 permit was issued. A reduction required by an applicable water
76 shortage order shall apply to permits issued under this
77 paragraph.
78 3. Permits issued under this paragraph may not authorize
79 the use of nonbrackish groundwater supplies or nonalternative
80 water supplies.
81 (c) Entities that wish to develop alternative water
82 supplies may apply for a permit under paragraph (a) or paragraph
83 (b).
84 Section 2. Study Committee on Investor-Owned Water and
85 Wastewater Utility Systems.—
86 (1) There is created a Study Committee on Investor-Owned
87 Water and Wastewater Utility Systems, which shall be composed of
88 17 members designated and appointed as follows:
89 (a) Two Senators appointed by the President of the Senate,
90 one of whom shall be appointed as chair by the President of the
91 Senate.
92 (b) Two Representatives appointed by the Speaker of the
93 House of Representatives.
94 (c) The Secretary of Environmental Protection or his or her
95 designee, who shall be a nonvoting member of the committee.
96 (d) The chair of the Public Service Commission or his or
97 her designee, who shall be a nonvoting member of the committee.
98 (e) A representative of a water management district
99 appointed by the Governor.
100 (f) A representative of a water or wastewater system owned
101 or operated by a municipal government appointed by the Governor.
102 (g) A representative of a water or wastewater system owned
103 or operated by a county government appointed by the Governor.
104 (h) The chair of a county commission that regulates
105 investor-owned water or wastewater utility systems, who shall be
106 a nonvoting member of the committee.
107 (i) A representative of a county health department
108 appointed by the Governor, who shall be a nonvoting member of
109 the committee.
110 (j) A representative of the Florida Rural Water Association
111 appointed by the Governor.
112 (k) A representative of a small investor-owned water or
113 wastewater utility appointed by the Governor.
114 (l) A representative of a large investor-owned water or
115 wastewater utility appointed by the Governor.
116 (m) The Public Counsel or his or her designee.
117 (n) A customer of a Class C water or wastewater utility
118 appointed by the Governor.
119 (o) A representative of a government authority that was
120 created pursuant to chapter 367, Florida Statutes, appointed by
121 the Governor.
122 (2) The members shall serve until the work of the committee
123 is complete and the committee is terminated, except that if a
124 member no longer serves in the position required for
125 appointment, the member shall be replaced by the individual who
126 serves in such position.
127 (3) Members of the committee shall serve without
128 compensation, but are entitled to reimbursement for all
129 reasonable and necessary expenses, including travel expenses, in
130 the performance of their duties as provided in s. 112.061,
131 Florida Statutes.
132 (4) The appointing authority may remove or suspend a member
133 appointed by it for cause, including, but not limited to,
134 failure to attend two or more meetings of the committee.
135 (5) The Public Service Commission shall provide the staff,
136 information, assistance, and facilities as are deemed necessary
137 for the committee to carry out its duties under this section.
138 Funding for the committee shall be paid from the Florida Public
139 Service Regulatory Trust Fund.
140 (6) The committee shall identify issues of concern of
141 investor-owned water and wastewater utility systems,
142 particularly small systems, and their customers and research
143 possible solutions. In addition, the committee shall consider:
144 (a) The ability of a small investor-owned water and
145 wastewater utility to achieve economies of scale when purchasing
146 equipment, commodities, or services.
147 (b) The availability of low-interest loans to a small,
148 privately owned water or wastewater utility.
149 (c) Any tax incentives or exemptions, temporary or
150 permanent, which are available to a small water or wastewater
151 utility.
152 (d) The impact on customer rates if a utility purchases an
153 existing water or wastewater utility system.
154 (e) The impact on customer rates of a utility providing
155 service through the use of a reseller.
156 (f) Other issues that the committee identifies during its
157 investigation.
158 (7) The committee shall meet at the time and location as
159 the chair determines, except that the committee shall meet a
160 minimum of four times. At least two meetings must be held in an
161 area that is centrally located to utility customers who have
162 recently been affected by a significant increase in water or
163 wastewater utility rates. The public shall be given the
164 opportunity to speak at the meeting.
165 (8) By December 31, 2012, the committee shall prepare and
166 submit to the Governor, the President of the Senate, and the
167 Speaker of the House of Representatives a report detailing its
168 findings pursuant to subsection (6) and making specific
169 legislative recommendations.
170 (9) This section expires and the committee terminates June
171 30, 2013.
172 Section 3. This act shall take effect July 1, 2012.