Amendment
Bill No. 1492
Amendment No. 097393
CHAMBER ACTION
Senate House
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1Representative Littlefield offered the following:
2
3     Amendment (with title amendment)
4     On page 1, between lines 17 and 18, insert:
5     Section 1.  Subsection (13) is added to section 253.034,
6Florida Statutes, to read:
7     253.034  State-owned lands; uses.--
8     (13)  Notwithstanding any statute, regulation, or real
9property conveyance to the contrary, public easements over
10conservation lands or other interests in real property managed
11for natural resource purposes and vested in the Board of
12Trustees of the Internal Improvement Trust Fund may be granted
13to any electric utility for electric transmission and
14distribution lines where no practical and prudent alternative to
15siting such facilities on such lands exists and all steps
16necessary to minimize impacts as set forth below are
17implemented. The test for practicality and prudence shall
18compare the social, economic, and environmental effects of the
19site alternatives. Adverse impacts to lands vested in the Board
20of Trustees of the Internal Improvement Trust Fund resulting
21from electric transmission and distribution lines authorized
22pursuant to this section shall be minimized by reasonable
23measures, where applicable, including:
24     (a)  Locating electric transmission and distribution lines
25in areas where fewer adverse impacts are expected, such as areas
26that have already been impacted or areas that are less sensitive
27than other areas.
28     (b)  Avoiding significant wildlife habitats, natural
29aquatic areas, wetlands, or other valuable natural resources.
30     (c)  Selecting routes to minimize damage to existing
31aesthetically pleasing features of the lands.
32     (d)  Employing best management practices in construction
33and operations.
34     (e)  Designing access roads and site preparation to avoid
35interference with hydrologic conditions that benefit natural
36resources and reduce impacts on other natural resources and
37public use and enjoyment.
38     (f)  Selecting areas that will not increase undesirable
39human activities on lands vested in the Board of Trustees of the
40Internal Improvement Trust Fund, provided that human activities
41may be encouraged where electric transmission or distribution
42lines are designated as part of a greenway or trail.
43     (g)  Minimizing the adverse effects on the management of
44lands vested in the Board of Trustees of the Internal
45Improvement Trust Fund.
46
47For transmission lines approved pursuant to the procedures of
48part II of chapter 403, the easement contemplated by this
49section shall be considered concurrently with and, if approved,
50issued by the agency head authorized to take action on the
51application under part II of chapter 403. For transmission or
52distribution lines not subject to the procedures of part II of
53chapter 403, the easement contemplated by this section shall be
54considered concurrently with and, if approved, issued by the
55agency head authorized to take action on an application under
56part IV of chapter 373.
57     Section 2.  Subsection (6) of section 366.04, Florida
58Statutes, is amended to read:
59     366.04  Jurisdiction of commission.--
60     (6)  The commission shall further have exclusive
61jurisdiction to prescribe and enforce safety standards for
62transmission and distribution facilities of all public electric
63utilities, cooperatives organized under the Rural Electric
64Cooperative Law, and electric utilities owned and operated by
65municipalities. In adopting safety standards, the commission
66shall:
67     (a)  Adopt the 1984 edition of the National Electrical
68Safety Code (ANSI C2) as initial standards; and
69     (b)  Adopt, after review, any new edition of the National
70Electrical Safety Code (ANSI C2).
71
72The standards prescribed by the current 1984 edition of the
73National Electrical Safety Code (ANSI C2) shall constitute
74acceptable and adequate requirements for the protection of the
75safety of the public, and compliance with the minimum
76requirements of that code shall constitute good engineering
77practice by the utilities. Utilities shall have a right to trim
78or remove vegetation pursuant to ANSI A300 and ANSI Z133. The
79administrative authority referred to in the 1984 edition of the
80National Electrical Safety Code is the commission. However,
81nothing herein shall be construed as superseding, repealing, or
82amending the provisions of s. 403.523(1) and (10).
83
84================= T I T L E  A M E N D M E N T =================
85     On page 1, remove line 2 and insert:
86An act relating to energy; amending s. 253.034, F.S.;
87authorizing the granting of easements for electric transmission
88and distribution lines under certain circumstances; providing
89measures for minimizing adverse impacts resulting from such
90lines; amending s. 366.04, F.S.; providing that utilities have
91the right to trim or remove certain vegetation; creating


CODING: Words stricken are deletions; words underlined are additions.