Florida Senate - 2011                                    SB 1514
       
       
       
       By Senator Latvala
       
       
       
       
       16-00531A-11                                          20111514__
    1                        A bill to be entitled                      
    2         An act relating to permitting of consumptive uses of
    3         water; amending s. 373.236, F.S.; requiring
    4         consumptive use permits to be issued for a period of
    5         20 years; providing exceptions; deleting legislative
    6         findings requiring the Department of Environmental
    7         Protection to provide certain information to
    8         agricultural applicants; eliminating requirements for
    9         permit compliance reports; removing the authority of
   10         the department and the water management district
   11         governing boards to request permit compliance reports
   12         and to modify or revoke consumptive use permits;
   13         providing for the modification of existing consumptive
   14         use permits under certain conditions; amending s.
   15         373.250, F.S.; providing requirements for water
   16         management districts in evaluating applications for
   17         the consumptive use of water in mandatory reuse zones;
   18         providing applicability; creating s. 373.255, F.S.;
   19         requiring water management districts to implement a
   20         sustainable water use permit program for public water
   21         utilities; providing program criteria; providing
   22         permit application and issuance requirements;
   23         providing requirements for permit monitoring,
   24         compliance, and performance metrics; amending ss.
   25         373.2234 and 373.243, F.S.; conforming cross
   26         references; directing each water management district
   27         to consult with the Department of Environmental
   28         Protection to examine options for improving the
   29         coordination between the consumptive use permitting
   30         process and the water supply planning process by
   31         extending and reconciling certain permitting
   32         provisions; requiring each water management district
   33         to provide a report to the Governor and the
   34         Legislature; providing an effective date.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 373.236, Florida Statutes, is amended to
   39  read:
   40         373.236 Duration of permits; compliance reports.—
   41         (1) Permits shall be granted for a period of 20 years
   42  unless an applicant requests that the permit be issued for a
   43  shorter period of time, if requested for that period of time, if
   44  there is sufficient data to provide reasonable assurance that
   45  the conditions for permit issuance will be met for the duration
   46  of the permit; otherwise, permits may be issued for shorter
   47  durations which reflect the period for which such reasonable
   48  assurances can be provided. The governing board or the
   49  department may base the duration of permits on a reasonable
   50  system of classification according to source of supply or type
   51  of use, or both.
   52         (2) The Legislature finds that some agricultural landowners
   53  remain unaware of their ability to request a 20-year consumptive
   54  use permit under subsection (1) for initial permits or for
   55  renewals. Therefore, the water management districts shall inform
   56  agricultural applicants of this option in the application form.
   57         (2)(3) The governing board or the department may authorize
   58  a permit of duration of up to 50 years in the case of a
   59  municipality or other governmental body or of a public works or
   60  public service corporation where such a period is required to
   61  provide for the retirement of bonds for the construction of
   62  waterworks and waste disposal facilities.
   63         (4) Where necessary to maintain reasonable assurance that
   64  the conditions for issuance of a 20-year permit can continue to
   65  be met, the governing board or department, in addition to any
   66  conditions required pursuant to s. 373.219, may require a
   67  compliance report by the permittee every 10 years during the
   68  term of a permit. The Suwannee River Water Management District
   69  may require a compliance report by the permittee every 5 years
   70  through July 1, 2015, and thereafter every 10 years during the
   71  term of the permit. This report shall contain sufficient data to
   72  maintain reasonable assurance that the initial conditions for
   73  permit issuance are met. Following review of this report, the
   74  governing board or the department may modify the permit to
   75  ensure that the use meets the conditions for issuance. Permit
   76  modifications pursuant to this subsection shall not be subject
   77  to competing applications, provided there is no increase in the
   78  permitted allocation or permit duration, and no change in
   79  source, except for changes in source requested by the district.
   80  This subsection shall not be construed to limit the existing
   81  authority of the department or the governing board to modify or
   82  revoke a consumptive use permit.
   83         (3)(5) Permits approved for the development of alternative
   84  water supplies shall be granted for a term of at least 20 years.
   85  However, if the permittee issues bonds for the construction of
   86  the project, upon request of the permittee prior to the
   87  expiration of the permit, that permit shall be extended for such
   88  additional time as is required for the retirement of bonds, not
   89  including any refunding or refinancing of such bonds, provided
   90  that the governing board determines that the use will continue
   91  to meet the conditions for the issuance of the permit. Such a
   92  permit is subject to compliance reports under subsection (4).
   93         (4)(6)(a) The Legislature finds that the need for
   94  alternative water supply development projects to meet
   95  anticipated public water supply demands of the state is so
   96  important that it is essential to encourage participation in and
   97  contribution to these projects by private-rural-land owners who
   98  characteristically have relatively modest near-term water
   99  demands but substantially increasing demands after the 20-year
  100  planning period in s. 373.709. Therefore, where such landowners
  101  make extraordinary contributions of lands or construction
  102  funding to enable the expeditious implementation of such
  103  projects, the governing board water management districts and the
  104  department may grant permits for such projects for a period of
  105  up to 50 years to municipalities, counties, special districts,
  106  regional water supply authorities, multijurisdictional water
  107  supply entities, and publicly or privately owned utilities, with
  108  the exception of any publicly or privately owned utilities
  109  created for or by a private landowner after April 1, 2008, which
  110  have entered into an agreement with the private landowner for
  111  the purpose of more efficiently pursuing alternative public
  112  water supply development projects identified in a district’s
  113  regional water supply plan and meeting water demands of both the
  114  applicant and the landowner.
  115         (b) A permit under paragraph (a) may be granted only for
  116  that period for which there is sufficient data to provide
  117  reasonable assurance that the conditions for permit issuance
  118  will be met. Such a permit shall require a compliance report by
  119  the permittee every 5 years during the term of the permit. The
  120  report shall contain sufficient data to maintain reasonable
  121  assurance that the conditions for permit issuance applicable at
  122  the time of district review of the compliance report are met.
  123  After review of this report, the governing board or the
  124  department may modify the permit to ensure that the use meets
  125  the conditions for issuance. This subsection does not limit the
  126  existing authority of the department or the governing board to
  127  modify or revoke a consumptive use permit.
  128         (5)(7) A permit approved for a renewable energy generating
  129  facility or the cultivation of agricultural products on lands
  130  consisting of 1,000 acres or more for use in the production of
  131  renewable energy, as defined in s. 366.91(2)(d), shall be
  132  granted for a term of at least 25 years at the applicant’s
  133  request based on the anticipated life of the facility if there
  134  is sufficient data to provide reasonable assurance that the
  135  conditions for permit issuance will be met for the duration of
  136  the permit; otherwise, a permit may be issued for a shorter
  137  duration if requested by the applicant that reflects the longest
  138  period for which such reasonable assurances are provided. Such a
  139  permit is subject to compliance reports under subsection (4).
  140         (6) If requested by an existing consumptive use permit
  141  holder, the governing board shall modify the permit to bring it
  142  into compliance with this section.
  143         Section 2. Subsections (4), (5), and (6) of section
  144  373.250, Florida Statutes, are renumbered as subsections (5),
  145  (6), and (7), respectively, and a new subsection (4) is added to
  146  that section to read:
  147         373.250 Reuse of reclaimed water.—
  148         (4)(a) In evaluating an application for the consumptive use
  149  of water, a water management district shall recognize a
  150  mandatory reuse zone created by a local government or special
  151  district pursuant to applicable law that requires persons
  152  specified by the local government or special district to connect
  153  to a reclaimed water system for irrigation and other nonpotable
  154  uses, as follows:
  155         1. If reclaimed water is available and technically and
  156  environmentally feasible for the proposed use, the water
  157  management district shall presume that reclaimed water is
  158  economically feasible in a mandatory reuse zone, and the
  159  applicant shall bear the burden of overcoming the presumption.
  160         2. Any applicant in a mandatory reuse zone seeking
  161  authorization for a nonpotable use shall consider the
  162  feasibility of using available reclaimed water. This requirement
  163  applies to all regulated water uses, regardless of the type of
  164  permit or authorization, excluding exemptions from permitting.
  165         3. In a mandatory reuse zone, the use of reclaimed water
  166  shall be prioritized over other water sources for nonpotable
  167  uses and shall be required if determined to be technically,
  168  environmentally, and economically feasible.
  169         (b) This subsection does not limit the authority of a reuse
  170  utility, local government, or special district to restrict the
  171  use of potable water, supplied by the potable water distribution
  172  system serving its customers, for the purposes of irrigation or
  173  other nonpotable uses that may be met by reclaimed water.
  174         Section 3. Section 373.255, Florida Statutes, is created to
  175  read:
  176         373.255 Sustainable water use permit.—
  177         (1) Each water management district shall implement a
  178  sustainable water use permit program for public water utilities
  179  that:
  180         (a) Provides a single permitting process authorizing the
  181  use of water from multiple water sources.
  182         (b) Encourages and facilitates the use of alternative water
  183  sources.
  184         (c) Stores excess captured surface water flow in off-stream
  185  reservoirs or aquifer storage and recovery wellfields.
  186         (d) Recovers stored water in order to reliably meet public
  187  demand.
  188         (e) Provides for use of traditional groundwater as a
  189  supplemental source during drought conditions when stored water
  190  is reduced, to the extent necessary to meet the public demand
  191  for water in a reliable and efficient manner.
  192         (f) Preserves traditional water supply sources for use by
  193  future generations.
  194         (2) A public water utility applying for a sustainable water
  195  use permit must identify each source from which water is
  196  proposed to be withdrawn and demonstrate for each source that
  197  the withdrawal is a reasonable-beneficial use as defined in s.
  198  373.019, is consistent with the public interest, and will not
  199  interfere with any presently existing legal use of water.
  200         (3) A sustainable water use permit:
  201         (a) Shall specify all sources from which water may be
  202  withdrawn and the conditions under which such withdrawals may be
  203  made in order to meet the reasonable public water supply demands
  204  of the utility.
  205         (b) May be issued without specifying the quantity of water
  206  that is permitted to be withdrawn from any individual source.
  207         (c) Shall be issued for a period of not less than 20 years,
  208  with the reasonable expectation of renewal in the absence of
  209  readily quantifiable changed conditions.
  210         (4) Monitoring, compliance, and performance metrics for
  211  sustainable water use permits shall acknowledge and accommodate
  212  the natural variability and inherent uncertainty of the climate,
  213  weather, and hydrology of the relevant region while
  214  simultaneously enabling public water supply utilities to meet
  215  the potable water demands of their customers in a reliable,
  216  efficient, and cost-effective manner.
  217         Section 4. Section 373.2234, Florida Statutes, is amended
  218  to read:
  219         373.2234 Preferred water supply sources.—The governing
  220  board of a water management district is authorized to adopt
  221  rules that identify preferred water supply sources for
  222  consumptive uses for which there is sufficient data to establish
  223  that a preferred source will provide a substantial new water
  224  supply to meet the existing and projected reasonable-beneficial
  225  uses of a water supply planning region identified pursuant to s.
  226  373.709(1), while sustaining existing water resources and
  227  natural systems. At a minimum, such rules must contain a
  228  description of the preferred water supply source and an
  229  assessment of the water the preferred source is projected to
  230  produce. If an applicant proposes to use a preferred water
  231  supply source, that applicant’s proposed water use is subject to
  232  s. 373.223(1), except that the proposed use of a preferred water
  233  supply source must be considered by a water management district
  234  when determining whether a permit applicant’s proposed use of
  235  water is consistent with the public interest pursuant to s.
  236  373.223(1)(c). A consumptive use permit issued for the use of a
  237  preferred water supply source must be granted, when requested by
  238  the applicant, for at least a 20-year period and may be subject
  239  to the compliance reporting provisions of s. 373.236(4). Nothing
  240  in this section shall be construed to exempt the use of
  241  preferred water supply sources from the provisions of ss.
  242  373.016(4) and 373.223(2) and (3), or be construed to provide
  243  that permits issued for the use of a nonpreferred water supply
  244  source must be issued for a duration of less than 20 years or
  245  that the use of a nonpreferred water supply source is not
  246  consistent with the public interest. Additionally, nothing in
  247  this section shall be interpreted to require the use of a
  248  preferred water supply source or to restrict or prohibit the use
  249  of a nonpreferred water supply source. Rules adopted by the
  250  governing board of a water management district to implement this
  251  section shall specify that the use of a preferred water supply
  252  source is not required and that the use of a nonpreferred water
  253  supply source is not restricted or prohibited.
  254         Section 5. Subsection (4) of section 373.243, Florida
  255  Statutes, is amended to read:
  256         373.243 Revocation of permits.—The governing board or the
  257  department may revoke a permit as follows:
  258         (4) For nonuse of the water supply allowed by the permit
  259  for a period of 2 years or more, the governing board or the
  260  department may revoke the permit permanently and in whole unless
  261  the user can prove that his or her nonuse was due to extreme
  262  hardship caused by factors beyond the user’s control. For a
  263  permit issued pursuant to s. 373.236(5)(7), the governing board
  264  or the department may revoke the permit only if the nonuse of
  265  the water supply allowed by the permit is for a period of 4
  266  years or more.
  267         Section 6. In consultation with the Department of
  268  Environmental Protection, each water management district is
  269  directed to examine options for improving the coordination
  270  between the consumptive use permitting process under part II of
  271  chapter 373, Florida Statutes, and the water supply planning
  272  process under part VII of chapter 373, Florida Statutes, by
  273  extending and reconciling the duration of issued consumptive use
  274  permits to provide for the simultaneous expiration and renewal
  275  of the permits, at the request of an applicant, on a rolling
  276  basin-specific basis. Each water management district shall
  277  report its findings and recommendations to the Governor, the
  278  President of the Senate, and the Speaker of the House of
  279  Representatives by January 1, 2012. This section does not affect
  280  the term of any consumptive use permit issued in accordance with
  281  Florida law.
  282         Section 7. This act shall take effect July 1, 2011.