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
Permitsapproved 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 tothe expiration of the permit, the that22 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 thatthe governing board 25 determines that the use will continue to meet the conditions for 26 the issuance of the permit. The Such apermit 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.