Florida Senate - 2013                                     SB 364
       
       
       
       By Senator Hays
       
       
       
       
       11-00038A-13                                           2013364__
    1                        A bill to be entitled                      
    2         An act relating to consumptive use permits for
    3         development of alternative water supplies; amending s.
    4         373.236, F.S.; revising conditions for issuance of
    5         permits; providing for the issuance, extension, and
    6         review of permits approved on or after a certain date;
    7         providing for applicability; providing an effective
    8         date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (5) of section 373.236, Florida
   13  Statutes, is amended to read:
   14         373.236 Duration of permits; compliance reports.—
   15         (5)(a) A permit Permits approved for the development of
   16  alternative water supplies shall be granted for a term of at
   17  least 20 years if there is sufficient data to provide reasonable
   18  assurance that the conditions for permit issuance will be met
   19  for the duration of the permit. However, if the permittee issues
   20  bonds for the construction of the project, upon request of the
   21  permittee before prior to the expiration of the permit, the that
   22  permit shall be extended for such additional time as is required
   23  for the retirement of bonds, not including any refunding or
   24  refinancing of such bonds, if provided that the governing board
   25  determines that the use will continue to meet the conditions for
   26  the issuance of the permit. The Such a permit is subject to
   27  compliance reports under subsection (4).
   28         (b)1. A permit approved on or after July 1, 2013, for the
   29  development of alternative water supplies shall be granted for a
   30  term of at least 30 years if there is sufficient data to provide
   31  reasonable assurance that the conditions for permit issuance
   32  will be met for the duration of the permit. If, within 7 years
   33  after a permit is granted, the permittee issues bonds to finance
   34  the project, completes construction of the project, and requests
   35  an extension of the permit duration, the permit shall be
   36  extended to expire upon the retirement of such bonds or 30 years
   37  after the date that construction of the project is complete,
   38  whichever occurs later. However, a permit’s duration may not be
   39  extended by more than 7 years beyond the permit’s original
   40  expiration date.
   41         2. A permit issued under this paragraph is subject to
   42  compliance reports under subsection (4). If the permittee
   43  demonstrates that bonds issued to finance the project are
   44  outstanding, the quantity of alternative water allocated in the
   45  permit may not be reduced during a compliance report review
   46  unless a reduction is needed to address unanticipated harm to
   47  water resources or to existing legal uses present when the
   48  permit was issued. A reduction required by an applicable water
   49  shortage order applies to a permit issued under this paragraph.
   50         3. A permit issued under this paragraph may not authorize
   51  the use of nonbrackish groundwater supplies or nonalternative
   52  water supplies.
   53         (c) An entity that wishes to develop alternative water
   54  supplies may apply for a permit under paragraph (a) or paragraph
   55  (b).
   56         Section 2. This act shall take effect July 1, 2013.