SENATE AMENDMENT
    Bill No. CS for SB 408
    Amendment No. ___   Barcode 945000
                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, line 10,
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16  insert:  
17         Section 1.  Subsections (12) and (13) of section
18  403.503, Florida Statutes, are amended to read:
19         403.503  Definitions relating to Florida Electrical
20  Power Plant Siting Act.--As used in this act:
21         (12)  "Electrical power plant" means, for the purpose
22  of certification, any steam or solar electrical generating
23  facility using any process or fuel, including nuclear
24  materials, and includes associated facilities which directly
25  support the construction and operation of the electrical power
26  plant and those associated transmission lines which connect
27  the electrical power plant to an existing transmission network
28  or rights-of-way to which the applicant intends to connect,
29  except that this term does not include any steam or solar
30  electrical generating facility of less than 75 megawatts in
31  capacity unless the applicant for such a facility elects to
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    10:24 AM   04/30/01                             s0408c1c-3320b

SENATE AMENDMENT Bill No. CS for SB 408 Amendment No. ___ Barcode 945000 1 apply for certification under this act. An associated 2 transmission line may include, at the applicant's option, any 3 proposed terminal or intermediate substations or substation 4 expansions connected to the associated transmission line. 5 (13) "Electric utility" means cities and towns, 6 counties, public utility districts, regulated electric 7 companies, electric cooperatives, and joint operating 8 agencies, or combinations thereof, engaged in, or authorized 9 to engage in, the business of generating, transmitting, or 10 distributing electric energy, and includes any entity engaged 11 in, or authorized to engage in, the production and sale of 12 electricity at wholesale in this state. 13 Section 2. Subsection (1) of section 403.506, Florida 14 Statutes, is amended to read: 15 403.506 Applicability and certification.-- 16 (1) The provisions of this act shall apply to any 17 electrical power plant as defined herein, except that the 18 provisions of this act shall not apply to any electrical power 19 plant or steam generating plant of less than 75 megawatts in 20 capacity or to any substation to be constructed as part of an 21 associated transmission line unless the applicant has elected 22 to apply for certification of such plant or substation under 23 this act. No construction of any new electrical power plant or 24 expansion in steam generating capacity of any existing 25 electrical power plant may be undertaken after October 1, 26 1973, without first obtaining certification in the manner as 27 herein provided, except that this act shall not apply to any 28 such electrical power plant which is presently operating or 29 under construction or which has, upon the effective date of 30 chapter 73-33, Laws of Florida, applied for a permit or 31 certification under requirements in force prior to the 2 10:24 AM 04/30/01 s0408c1c-3320b
SENATE AMENDMENT Bill No. CS for SB 408 Amendment No. ___ Barcode 945000 1 effective date of such act. 2 Section 3. Section 403.519, Florida Statutes, is 3 amended to read: 4 403.519 Exclusive forum for determination of need.-- 5 (1) On request by an applicant, as that term is 6 defined in s. 403.503(4), or on its own motion, the commission 7 shall begin a proceeding to determine the need for an 8 electrical power plant subject to the Florida Electrical Power 9 Plant Siting Act. The commission shall publish a notice of 10 the proceeding in a newspaper of general circulation in each 11 county in which the proposed electrical power plant will be 12 located. The notice shall be at least one-quarter of a page 13 and published at least 45 days prior to the scheduled date for 14 the proceeding. The commission shall be the sole forum for the 15 determination of this matter, which accordingly shall not be 16 raised in any other forum or in the review of proceedings in 17 such other forum. In making its determination, the commission 18 shall take into account the need for electric system 19 reliability and integrity, the need for adequate electricity 20 at a reasonable cost, and whether the proposed plant is the 21 most cost-effective alternative available. The commission 22 shall also expressly consider the conservation measures taken 23 by or reasonably available to the applicant or its members 24 which might mitigate the need for the proposed plant and other 25 matters within its jurisdiction which it deems relevant. An 26 applicant that is engaged in, or authorized to engage in, the 27 production and sale of electricity at wholesale in this state 28 may obtain a determination of need regardless of whether such 29 applicant has demonstrated that a utility or utilities serving 30 retail customers has a specific committed need for the 31 electrical power to be generated by the applicant's electrical 3 10:24 AM 04/30/01 s0408c1c-3320b
SENATE AMENDMENT Bill No. CS for SB 408 Amendment No. ___ Barcode 945000 1 power plant. The commission is authorized to place any 2 conditions on the certificate it deems necessary to ensure 3 electric system reliability and integrity and to ensure an 4 adequate statewide supply of electricity at a reasonable cost. 5 The commission's determination of need for an electrical power 6 plant shall create a presumption of public need and necessity 7 and shall serve as the commission's report required by s. 8 403.507(2)(a)2. An order entered pursuant to this section 9 constitutes final agency action. 10 (2) Nothing herein shall be construed to prevent an 11 applicant that is affiliated with a public utility from 12 obtaining a determination of need from the commission pursuant 13 to subsection (1). 14 Section 4. Section 403.5171, Florida Statutes, is 15 created to read: 16 403.5171 Re-application for certification.--For a 17 period of one year after the effective date of this act, any 18 entity that applied for a determination of need in the two 19 years prior to the effective date, and had the application 20 dismissed or denied, or had a determination of need 21 overturned, may submit a new application under this act for a 22 determination of need for the proposed electric power plant, 23 with the determination based upon previously filed supporting 24 documents and previously established evidence where possible, 25 and with new supporting documents or evidence necessary only 26 to establish changes in the facts or in the proposal for the 27 electric power plant. 28 29 (Redesignate subsequent sections.) 30 31 4 10:24 AM 04/30/01 s0408c1c-3320b
SENATE AMENDMENT Bill No. CS for SB 408 Amendment No. ___ Barcode 945000 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, lines 2 and 3, delete the words "utility 4 service interruptions;" 5 6 and insert: 7 utilities; amending s. 403.503, F.S.; revising 8 definitions; amending s. 403.506, F.S.; 9 exempting certain power plants from the 10 provisions of the Florida Electrical Power 11 Plant Siting Act; revising s. 403.519, F.S.; 12 providing for specified applicants to obtain 13 determinations of need; creating s. 403.5171, 14 F.S.; providing for certain applicants to 15 re-apply for a determination of need; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 10:24 AM 04/30/01 s0408c1c-3320b