The Florida Senate

403.507  Preliminary statements of issues, reports, and studies.--

(1)  Each affected agency identified in paragraph (2)(a) shall submit a preliminary statement of issues to the department and the applicant no later than 60 days after the distribution of the complete application. The failure to raise an issue in this statement shall not preclude the issue from being raised in the agency's report.

(2)(a)  The following agencies shall prepare reports as provided below and shall submit them to the department and the applicant within 150 days after distribution of the complete application:

1.  The Department of Community Affairs shall prepare a report containing recommendations which address the impact upon the public of the proposed electrical power plant, based on the degree to which the electrical power plant is consistent with the applicable portions of the state comprehensive plan and other such matters within its jurisdiction. The Department of Community Affairs may also comment on the consistency of the proposed electrical power plant with applicable strategic regional policy plans or local comprehensive plans and land development regulations.

2.  The Public Service Commission shall prepare a report as to the present and future need for the electrical generating capacity to be supplied by the proposed electrical power plant. The report shall include the commission's determination pursuant to s. 403.519 and may include the commission's comments with respect to any other matters within its jurisdiction.

3.  The water management district shall prepare a report as to matters within its jurisdiction.

4.  Each local government in whose jurisdiction the proposed electrical power plant is to be located shall prepare a report as to the consistency of the proposed electrical power plant with all applicable local ordinances, regulations, standards, or criteria that apply to the proposed electrical power plant, including adopted local comprehensive plans, land development regulations, and any applicable local environmental regulations adopted pursuant to s. 403.182 or by other means.

5.  The Fish and Wildlife Conservation Commission shall prepare a report as to matters within its jurisdiction.

6.  The regional planning council shall prepare a report containing recommendations that address the impact upon the public of the proposed electrical power plant, based on the degree to which the electrical power plant is consistent with the applicable provisions of the strategic regional policy plan adopted pursuant to chapter 186 and other matters within its jurisdiction.

7.  Any other agency, if requested by the department, shall also perform studies or prepare reports as to matters within that agency's jurisdiction which may potentially be affected by the proposed electrical power plant.

(b)  As needed to verify or supplement the studies made by the applicant in support of the application, it shall be the duty of the department to conduct, or contract for, studies of the proposed electrical power plant and site, including, but not limited to, the following, which shall be completed no later than 210 days after the complete application is filed with the department:

1.  Cooling system requirements.

2.  Construction and operational safeguards.

3.  Proximity to transportation systems.

4.  Soil and foundation conditions.

5.  Impact on suitable present and projected water supplies for this and other competing uses.

6.  Impact on surrounding land uses.

7.  Accessibility to transmission corridors.

8.  Environmental impacts.

9.  Requirements applicable under any federally delegated or approved permit program.

(c)  Each report described in paragraphs (a) and (b) shall contain all information on variances, exemptions, exceptions, or other relief which may be required by s. 403.511(2) and any proposed conditions of certification on matters within the jurisdiction of such agency. For each condition proposed by an agency in its report, the agency shall list the specific statute, rule, or ordinance which authorizes the proposed condition.

(d)  The agencies shall initiate the activities required by this section no later than 30 days after the complete application is distributed. The agencies shall keep the applicant and the department informed as to the progress of the studies and any issues raised thereby.

(3)  No later than 60 days after the application for a federally required new source review or prevention of significant deterioration permit for the electrical power plant is complete and sufficient, the department shall issue its preliminary determination on such permit. Notice of such determination shall be published as required by the department's rules for notices of such permits. The department shall receive public comments and comments from the United States Environmental Protection Agency and other affected agencies on the preliminary determination as provided for in the federally approved state implementation plan. The department shall maintain a record of all comments received and considered in taking action on such permits. If a petition for an administrative hearing on the department's preliminary determination is filed by a substantially affected person, that hearing shall be consolidated with the certification hearing.

(4)  The department shall prepare a written analysis, which shall be filed with the designated administrative law judge and served on all parties no later than 240 days after the complete application is filed with the department, but no later than 60 days prior to the hearing, and which shall include:

(a)  A statement indicating whether the proposed electrical power plant and proposed ultimate site capacity will be in compliance with the rules of the department.

(b)  Copies of the studies and reports required by this section and s. 403.519

(c)  The comments received by the department from any other agency or person.

(d)  The recommendation of the department as to the disposition of the application, of variances, exemptions, exceptions, or other relief identified by any party, and of any proposed conditions of certification which the department believes should be imposed.

(e)  The recommendation of the department regarding the issuance of any license required pursuant to a federally delegated or approved permit program.

(f)  Copies of the department's draft of the operation permit for a major source of air pollution, which must also be provided to the United States Environmental Protection Agency for review within 5 days after issuance of the written analysis.

(5)  Except when good cause is shown, the failure of any agency to submit a preliminary statement of issues or a report, or to submit its preliminary statement of issues or report within the allowed time, shall not be grounds for the alteration of any time limitation in this act. Neither the failure to submit a preliminary statement of issues or a report nor the inadequacy of the preliminary statement of issues or report shall be grounds to deny or condition certification.

History.--s. 1, ch. 73-33; s. 5, ch. 76-76; s. 133, ch. 79-190; s. 8, ch. 81-131; s. 33, ch. 81-169; s. 36, ch. 83-55; s. 25, ch. 86-186; s. 10, ch. 90-331; s. 7, ch. 92-132; s. 8, ch. 93-94; s. 385, ch. 94-356; s. 14, ch. 95-149; s. 139, ch. 96-410; s. 206, ch. 99-245.