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 tothe 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.