HB 1473

CS

CHAMBER ACTION

1	The Utilities & Telecommunications Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to energy; providing legislative findings
8	and intent; creating s. 377.801, F.S.; creating the
9	"Florida Renewable Energy Technologies and Energy
10	Efficiency Act"; creating s. 377.802, F.S.; stating the
11	purpose of the act; creating s. 377.803, F.S.; providing
12	definitions; creating s. 377.804, F.S.; creating the
13	Renewable Energy Technologies Grants Program; providing
14	program requirements and procedures, including matching
15	funds; creating s. 377.805, F.S.; establishing an energy-
16	efficient products sales tax holiday; specifying a period
17	during which the sale of energy-efficient products is
18	exempt from certain tax; providing a limitation; providing
19	a definition; creating s. 377.806, F.S.; creating the
20	Solar Energy System Incentives Program; providing program
21	requirements, procedures, and limitations; requiring the
22	Department of Environmental Protection to adopt rules;
23	creating s. 377.901, F.S.; creating the Florida Energy
24	Council within the Department of Environmental Protection;
25	providing purpose and composition; providing for
26	appointment of members and terms; providing for
27	reimbursement for travel expenses and per diem; requiring
28	the department to provide certain services to the council;
29	providing rulemaking authority; amending s. 212.08, F.S.;
30	providing definitions for the terms "biodiesel,"
31	"ethanol," and "hydrogen fuel cells"; providing tax
32	exemptions in the form of a rebate for the sale or use of
33	certain equipment, machinery, and other materials for
34	renewable energy technologies; providing eligibility
35	requirements and tax credit limits; directing the
36	Department of Revenue to adopt rules; directing the
37	Department of Environmental Protection to determine and
38	publish certain information relating to such exemptions;
39	providing for expiration of the exemption; amending s.
40	213.053, F.S.; authorizing the Department of Revenue to
41	share certain information with the Department of
42	Environmental Protection for specified purposes; amending
43	s. 220.02, F.S.; providing the order of application of the
44	renewable energy technologies investment tax credit;
45	creating s. 220.192, F.S.; providing definitions;
46	establishing a corporate tax credit for certain costs
47	related to renewable energy technologies; providing
48	eligibility requirements and credit limits; providing
49	certain authority to the Department of Environmental
50	Protection and the Department of Revenue; directing the
51	Department of Environmental Protection to determine and
52	publish certain information; providing for expiration of
53	the tax credit; amending s. 220.13, F.S.; providing an
54	addition to the definition of "adjusted federal income";
55	amending s. 186.801, F.S.; revising the provisions of
56	electric utility 10-year site plans to include the effect
57	on fuel diversity; amending s. 366.04, F.S.; revising the
58	safety standards for public utilities; amending s. 366.05,
59	F.S.; authorizing the Public Service Commission to adopt
60	certain construction standards and make certain
61	determinations; directing the commission to conduct a
62	study and provide a report by a certain date; amending s.
63	403.503, F.S.; revising and providing definitions
64	applicable to the Florida Electrical Power Plant Siting
65	Act; amending s. 403.504, F.S.; providing the Department
66	of Environmental Protection with additional powers and
67	duties relating to the Florida Electrical Power Plant
68	Siting Act; amending s. 403.5055, F.S.; revising
69	provisions for certain permits associated with
70	applications for electrical power plant certification;
71	amending s. 403.506, F.S.; revising provisions relating to
72	applicability and certification of certain power plants;
73	amending s. 403.5064, F.S.; revising provisions for
74	distribution of applications and schedules relating to
75	certification; amending s. 403.5065, F.S.; revising
76	provisions relating to the appointment of administrative
77	law judges and specifying their powers and duties;
78	amending s. 403.5066, F.S.; revising provisions relating
79	to the determination of completeness for certain
80	applications; creating s. 403.50663, F.S.; authorizing
81	certain local governments and regional planning councils
82	to hold an informational public meeting about a proposed
83	electrical power plant or associated facilities; providing
84	requirements and procedures therefor; creating s.
85	403.50665, F.S.; requiring local governments to file
86	certain land use determinations; providing requirements
87	and procedures therefor; repealing s. 403.5067, F.S.,
88	relating to the determination of sufficiency for certain
89	applications; amending s. 403.507, F.S.; revising required
90	preliminary statement provisions for affected agencies;
91	requiring a report as a condition precedent to the project
92	analysis and certification hearing; amending s. 403.508,
93	F.S.; revising provisions relating to land use and
94	certification hearings, including cancellation and
95	responsibility for payment of expenses and costs;
96	requiring certain notice; amending s. 403.509, F.S.;
97	revising provisions relating to the final disposition of
98	certain applications; providing requirements and
99	provisions with respect thereto; amending s. 403.511,
100	F.S.; revising provisions relating to the effect of
101	certification for the construction and operation of
102	proposed electrical power plants; providing that issuance
103	of certification meets certain coastal zone consistency
104	requirements; creating s. 403.5112, F.S.; requiring filing
105	of notice for certified corridor routes; providing
106	requirements and procedures with respect thereto; creating
107	s. 403.5113, F.S.; authorizing postcertification
108	amendments for power plant site certification
109	applications; providing requirements and procedures with
110	respect thereto; amending s. 403.5115, F.S.; requiring
111	certain public notice for activities relating to
112	electrical power plant site application, certification,
113	and land use determination; providing requirements and
114	procedures with respect thereto; directing the Department
115	of Environmental Protection to maintain certain lists and
116	provide copies of certain publications; amending s.
117	403.513, F.S.; revising provisions for judicial review of
118	appeals relating to electrical power plant site
119	certification; amending s. 403.516, F.S.; revising
120	provisions relating to modification of certification for
121	electrical power plant sites; amending s. 403.517, F.S.;
122	revising provisions relating to supplemental applications
123	for sites certified for ultimate site capacity; amending
124	s. 403.5175, F.S.; revising provisions relating to
125	existing electrical power plant site certification;
126	revising the procedure for reviewing and processing
127	applications; requiring additional information to be
128	included in certain applications; amending s. 403.518,
129	F.S.; revising the allocation of proceeds from certain
130	fees collected; providing for reimbursement of certain
131	expenses; directing the Department of Environmental
132	Protection to establish rules for determination of certain
133	fees; eliminating certain operational license fees;
134	providing for the application, processing, approval, and
135	cancellation of electrical power plant certification;
136	amending s. 403.519, F.S.; directing the Public Service
137	Commission to consider fuel diversity and reliability in
138	certain determinations; providing an effective date.
139
140	Be It Enacted by the Legislature of the State of Florida:
141
142	Section 1.  Legislative findings and intent.--The
143	Legislature finds that advancing the development of renewable
144	energy technologies and energy efficiency is important for the
145	state's future, its energy stability, and the protection of its
146	citizens' public health and its environment. The Legislature
147	finds that the development of renewable energy technologies and
148	energy efficiency in the state will help to reduce demand for
149	foreign fuels, promote energy diversity, enhance system
150	reliability, reduce pollution, educate the public on the promise
151	of renewable energy technologies, and promote economic growth.
152	The Legislature finds that there is a need to assist in the
153	development of market demand that will advance the
154	commercialization and widespread application of renewable energy
155	technologies. The Legislature further finds that the state is
156	ideally positioned to stimulate economic development through
157	such renewable energy technologies due to its ongoing and
158	successful research and development track record in these areas,
159	an abundance of natural and renewable energy sources, an ability
160	to attract significant federal research and development funds,
161	and the need to find and secure renewable energy technologies
162	for the benefit of its citizens, visitors, and environment.
163	Section 2.  Section 377.801, Florida Statutes, is created
164	to read:
165	377.801  Short title.--Sections 377.801-377.806 may be
166	cited as the "Florida Renewable Energy Technologies and Energy
167	Efficiency Act."
168	Section 3.  Section 377.802, Florida Statutes, is created
169	to read:
170	377.802  Purpose.--This act is intended to provide matching
171	grants to stimulate capital investment in the state and to
172	enhance the market for and promote the statewide utilization of
173	renewable energy technologies. The targeted grants program is
174	designed to advance the already growing establishment of
175	renewable energy technologies in the state and encourage the use
176	of other incentives such as tax exemptions and regulatory
177	certainty to attract additional renewable energy technology
178	producers, developers, and users to the state. This act is also
179	intended to provide incentives for the purchase of energy-
180	efficient appliances and rebates for solar energy equipment
181	installations for residential and commercial buildings.
182	Section 4.  Section 377.803, Florida Statutes, is created
183	to read:
184	377.803  Definitions.--As used in ss. 377.801-377.806, the
185	term:
186	(1)  "Act" means the Florida Renewable Energy Technologies
187	and Energy Efficiency Act.
188	(2)  "Approved metering equipment" means a device capable
189	of measuring the energy output of a solar thermal system that
190	has been approved by the commission.
191	(3)  "Commission" means the Florida Public Service
192	Commission.
193	(4)  "Department" means the Department of Environmental
194	Protection.
195	(5)  "Person" means an individual, partnership, joint
196	venture, private or public corporation, association, firm,
197	public service company, or any other public or private entity.
198	(6)  "Renewable energy" means electrical, mechanical, or
199	thermal energy produced from a method that uses one or more of
200	the following fuels or energy sources: hydrogen, biomass, solar
201	energy, geothermal energy, wind energy, ocean energy, waste
202	heat, or hydroelectric power.
203	(7)  "Renewable energy technology" means any technology
204	that generates or utilizes a renewable energy resource.
205	(8)  "Solar energy system" means equipment that provides
206	for the collection and use of incident solar energy for water
207	heating, space heating or cooling, or other applications that
208	require a conventional source of energy such as petroleum
209	products, natural gas, or electricity that performs primarily
210	with solar energy. In other systems in which solar energy is
211	used in a supplemental way, only those components that collect
212	and transfer solar energy shall be included in this definition.
213	(9)  "Solar photovoltaic system" means a device that
214	converts incident sunlight into electrical current.
215	(10)  "Solar thermal system" means a device that traps heat
216	from incident sunlight in order to heat water.
217	Section 5.  Section 377.804, Florida Statutes, is created
218	to read:
219	377.804  Renewable Energy Technologies Grants Program.--
220	(1)  The Renewable Energy Technologies Grants Program is
221	established within the department to provide renewable energy
222	matching grants for demonstration, commercialization, research,
223	and development projects relating to renewable energy
224	technologies.
225	(2)  Matching grants for renewable energy technology
226	demonstration, commercialization, research, and development
227	projects may be made to any of the following:
228	(a)  Municipalities and county governments.
229	(b)  Established for-profit companies licensed to do
230	business in the state.
231	(c)  Universities and colleges in the state.
232	(d)  Utilities located and operating within the state.
233	(e)  Not-for-profit organizations.
234	(f)  Other qualified persons, as determined by the
235	department.
236	(3)  The department may adopt rules pursuant to ss.
237	120.536(1) and 120.54 to provide for application requirements,
238	provide for ranking of applications, and administer the awarding
239	of grants under this program.
240	(4)  Factors the department shall consider in awarding
241	grants include, but are not limited to:
242	(a)  The availability of matching funds or other in-kind
243	contributions applied to the total project from an applicant.
244	The department shall give greater preference to projects that
245	provide such matching funds or other in-kind contributions.
246	(b)  The degree to which the project stimulates in-state
247	capital investment and economic development in metropolitan and
248	rural areas, including the creation of jobs and the future
249	development of a commercial market for renewable energy
250	technologies.
251	(c)  The extent to which the proposed project has been
252	demonstrated to be technically feasible based on pilot project
253	demonstrations, laboratory testing, scientific modeling, or
254	engineering or chemical theory that supports the proposal.
255	(d)  The degree to which the project incorporates an
256	innovative new technology or an innovative application of an
257	existing technology.
258	(e)  The degree to which a project generates thermal,
259	mechanical, or electrical energy by means of a renewable energy
260	resource that has substantial long-term production potential.
261	(f)  The degree to which a project demonstrates efficient
262	use of energy and material resources.
263	(g)  The degree to which the project fosters overall
264	understanding and appreciation of renewable energy technologies.
265	(h)  The ability to administer a complete project.
266	(i)  Project duration and timeline for expenditures.
267	(j)  The geographic area in which the project is to be
268	conducted in relation to other projects.
269	(k)  The degree of public visibility and interaction.
270	(5)  The department shall solicit the expertise of other
271	state agencies in evaluating project proposals. State agencies
272	shall cooperate with the Department of Environmental Protection
273	and provide such assistance as required.
274	Section 6.  Section 377.805, Florida Statutes, is created
275	to read:
276	377.805  Energy-efficient products sales tax holiday.--The
277	period from 12:01 a.m., October 5, through midnight, October 11,
278	in each year from 2006 to 2009, shall be designated "Energy
279	Efficiency Week," and the tax levied under chapter 212 may not
280	be collected on the sale of an energy-efficient product having a
281	selling price of $1,500 or less per product during that period.
282	This exemption applies only when the energy-efficient product is
283	purchased for noncommercial home or personal use and does not
284	apply when the product is purchased for trade, business, or
285	resale. As used in this subsection, the term "energy-efficient
286	product" means a dishwasher, clothes washer, air conditioner,
287	ceiling fan, incandescent or florescent light bulb,
288	dehumidifier, programmable thermostat, or refrigerator that has
289	been designated by the United States Environmental Protection
290	Agency and by the United States Department of Energy as meeting
291	or exceeding each agency's requirements for energy efficiency or
292	that has been designated as meeting or exceeding the
293	requirements under the Energy Star Program of either agency.
294	Section 7.  Section 377.806, Florida Statutes, is created
295	to read:
296	377.806  Solar Energy System Incentives Program.--
297	(1)  PURPOSE.--The Solar Energy System Incentives Program
298	is established within the department to provide financial
299	incentives for the purchase and installation of solar energy
300	systems. Any resident of the state who purchases and installs a
301	new solar energy system of 2 kilowatts or larger for a solar
302	photovoltaic system, a solar energy system that provides at
303	least 50 percent of a building's hot water consumption for a
304	solar thermal system, or a solar thermal pool heater, from July
305	1, 2006, through June 30, 2010, is eligible for a rebate on a
306	portion of the purchase price of that solar energy system.
307	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
308	(a)  Eligibility requirements.--A solar photovoltaic system
309	qualifies for a rebate if:
310	1.  The system is installed by a state-licensed master
311	electrician, electrical contractor, or solar contractor.
312	2.  The system complies with state interconnection
313	standards as provided by the commission.
314	3.  The system complies with all applicable building codes
315	as defined by the local jurisdictional authority.
316	(b)  Rebate amounts.--The rebate amount shall be set at $4
317	per watt based on the total wattage rating of the system. The
318	maximum allowable rebate per solar photovoltaic system
319	installation shall be as follows:
320	1.  Twenty thousand dollars for a residence.
321	2.  One hundred thousand dollars for a place of business, a
322	publicly owned or operated facility, or a facility owned or
323	operated by a private, not-for-profit organization, including
324	condominiums or apartment buildings.
325	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
326	(a)  Eligibility requirements.--A solar thermal system
327	qualifies for a rebate if:
328	1.  The system is installed by a state-licensed solar or
329	plumbing contractor.
330	2.  The system complies with all applicable building codes
331	as defined by the local jurisdictional authority.
332	(b)  Rebate amounts.--Authorized rebates for installation
333	of solar thermal systems shall be as follows:
334	1.  Five hundred dollars for a residence.
335	2.  Fifteen dollars per 1,000 Btu for a maximum of $5,000
336	for a place of business, a publicly owned or operated facility,
337	or a facility owned or operated by a private, not-for-profit
338	organization, including condominiums or apartment buildings. Btu
339	must be verified by approved metering equipment.
340	(4) SOLAR THERMAL POOL HEATER INCENTIVE.--
341	(a)  Eligibility requirements.--A solar thermal pool heater
342	qualifies for a rebate if the system is installed by a
343	state-licensed solar or plumbing contractor and the system
344	complies with all applicable building codes as defined by the
345	local jurisdictional authority.
346	(b)  Rebate amount.--Authorized rebates for installation of
347	solar thermal pool heaters shall be $100 per installation.
348	(5)  APPLICATION.--Application for a rebate must be made
349	within 90 days after the purchase of the solar energy equipment.
350	(6)  REBATE AVAILABILITY.--The department shall determine
351	and publish on a regular basis the amount of rebate funds
352	remaining in each fiscal year. The total dollar amount of all
353	rebates issued by the department is subject to the total amount
354	of appropriations in any fiscal year for this program. If funds
355	are insufficient during the current fiscal year, any requests
356	for rebates received during that fiscal year may be processed
357	during the following fiscal year. Requests for rebates received
358	in a fiscal year that are processed during the following fiscal
359	year shall be given priority over requests for rebates received
360	during the following fiscal year.
361	(7)  RULES.--The department shall adopt rules pursuant to
362	ss. 120.536(1) and 120.54 to develop rebate applications and
363	administer the issuance of rebates.
364	Section 8.  Section 377.901, Florida Statutes, is created
365	to read:
366	377.901  Florida Energy Council.--
367	(1)  The Florida Energy Council is created within the
368	Department of Environmental Protection to provide advice and
369	counsel to the Governor, the President of the Senate, and the
370	Speaker of the House of Representatives on the energy policy of
371	the state. The council shall advise the state on current and
372	projected energy issues, including, but not limited to,
373	transportation, generation, transmission, distributed
374	generation, fuel supply issues, emerging technologies,
375	efficiency, and conservation. In developing its recommendations,
376	the council shall be guided by the principles of reliability,
377	efficiency, affordability, and diversity.
378	(2)(a)  The council shall be comprised of a diversity of
379	stakeholders and may include utility providers, alternative
380	energy providers, researchers, environmental scientists, fuel
381	suppliers, technology manufacturers, persons representing
382	environmental, consumer, and public health interests, and
383	others.
384	(b)  The council shall consist of nine voting members as
385	follows:
386	1.  The Secretary of Environmental Protection, or his or
387	her designee, who shall serve as chair of the council.
388	2.  The chair of the Public Service Commission, or his or
389	her designee, who shall serve as vice chair of the council.
390	3.  One member shall be the Commissioner of Agriculture, or
391	his or her designee.
392	4.  Two members who shall be appointed by the Governor.
393	5.  Two members who shall be appointed by the President of
394	the Senate.
395	6.  Two members who shall be appointed by the Speaker of
396	the House of Representatives.
397	(c)  All initial members shall be appointed prior to
398	September 1, 2006. Appointments made by the Governor, the
399	President of the Senate, and the Speaker of the House of
400	Representatives shall be for terms of 2 years each. Members
401	shall serve until their successors are appointed. Vacancies
402	shall be filled in the manner of the original appointment for
403	the remainder of the term that is vacated.
404	(d)  Members shall serve without compensation but are
405	entitled to reimbursement for travel expenses and per diem
406	related to council duties and responsibilities pursuant to s.
407	112.061.
408	(3)  The department shall provide primary staff support to
409	the council and shall ensure that council meetings are
410	electronically recorded. Such recording shall be preserved
411	pursuant to chapters 119 and 257.
412	(4)  The department may adopt rules pursuant to ss.
413	120.536(1) and 120.54 to implement the provisions of this
414	section.
415	Section 9.  Paragraph (ccc) is added to subsection (7) of
416	section 212.08, Florida Statutes, to read:
417	212.08  Sales, rental, use, consumption, distribution, and
418	storage tax; specified exemptions.--The sale at retail, the
419	rental, the use, the consumption, the distribution, and the
420	storage to be used or consumed in this state of the following
421	are hereby specifically exempt from the tax imposed by this
422	chapter.
423	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
424	entity by this chapter do not inure to any transaction that is
425	otherwise taxable under this chapter when payment is made by a
426	representative or employee of the entity by any means,
427	including, but not limited to, cash, check, or credit card, even
428	when that representative or employee is subsequently reimbursed
429	by the entity. In addition, exemptions provided to any entity by
430	this subsection do not inure to any transaction that is
431	otherwise taxable under this chapter unless the entity has
432	obtained a sales tax exemption certificate from the department
433	or the entity obtains or provides other documentation as
434	required by the department. Eligible purchases or leases made
435	with such a certificate must be in strict compliance with this
436	subsection and departmental rules, and any person who makes an
437	exempt purchase with a certificate that is not in strict
438	compliance with this subsection and the rules is liable for and
439	shall pay the tax. The department may adopt rules to administer
440	this subsection.
441	(ccc)  Equipment, machinery, and other materials for
442	renewable energy technologies.--
443	1.  As used in this paragraph, the term:
444	a.  "Biodiesel" means the mono-alkyl esters of long-chain
445	fatty acids derived from plant or animal matter for use as a
446	source of energy and meeting the specifications for biodiesel
447	and biodiesel blends with petroleum products as adopted by the
448	Department of Agriculture and Consumer Services. Biodiesel may
449	refer to biodiesel blends designated BXX, where XX represents
450	the volume percentage of biodiesel fuel in the blend.
451	b.  "Ethanol" means nominally anhydrous denatured alcohol
452	produced by the fermentation of plant sugars meeting the
453	specifications for fuel ethanol and fuel ethanol blends with
454	petroleum products as adopted by the Department of Agriculture
455	and Consumer Services. Ethanol may refer to fuel ethanol blends
456	designated EXX, where XX represents the volume percentage of
457	fuel ethanol in the blend.
458	c.  "Hydrogen fuel cells" means equipment using hydrogen or
459	a hydrogen-rich fuel in an electrochemical process to generate
460	energy, electricity, or the transfer of heat.
461	2.  The sale or use of the following in the state is exempt
462	from the tax imposed by this chapter:
463	a.  Hydrogen-powered vehicles, materials incorporated into
464	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
465	a limit of $2 million in taxes each state fiscal year.
466	b.  Commercial stationary hydrogen fuel cells, up to a
467	limit of $1 million in taxes each state fiscal year.
468	c.  Materials used in the distribution of biodiesel (B10-
469	B100) and ethanol (E10-E85), including fueling infrastructure,
470	transportation, and storage, up to a limit of $1 million in
471	taxes each state fiscal year. Gasoline fueling station pump
472	retrofits for ethanol (E10-E100) distribution qualify for the
473	exemption provided in this sub-subparagraph.
474	3.  The Department of Environmental Protection shall
475	provide to the department a list of items eligible for the
476	exemption provided in this paragraph.
477	4.a.  The exemption provided in this paragraph shall be
478	available to a purchaser only through a refund of previously
479	paid taxes.
480	b.  To be eligible to receive the exemption provided in
481	this paragraph, a purchaser shall file an application with the
482	Department of Environmental Protection. The application shall be
483	developed by the Department of Environmental Protection, in
484	consultation with the department, and shall require:
485	(I)  The name and address of the person claiming the
486	refund.
487	(II)  A specific description of the purchase for which a
488	refund is sought, including, when applicable, a serial number or
489	other permanent identification number.
490	(III)  The sales invoice or other proof of purchase showing
491	the amount of sales tax paid, the date of purchase, and the name
492	and address of the sales tax dealer from whom the property was
493	purchased.
494	(IV)  A sworn statement that the information provided is
495	accurate and that the requirements of this paragraph have been
496	met.
497	c.  Within 30 days after receipt of an application, the
498	Department of Environmental Protection shall review the
499	application and shall notify the applicant of any deficiencies.
500	Upon receipt of a completed application, the Department of
501	Environmental Protection shall evaluate the application for
502	exemption and issue a written certification that the applicant
503	is eligible for a refund or issue a written denial of such
504	certification within 60 days after receipt of the application.
505	The Department of Environmental Protection shall provide the
506	department with a copy of each certification issued upon
507	approval of an application.
508	d.  Each certified applicant shall be responsible for
509	forwarding a certified copy of the application and copies of all
510	required documentation to the department within 6 months after
511	certification by the Department of Environmental Protection.
512	e.  The provisions of s. 212.095 do not apply to any refund
513	application made pursuant to this paragraph. A refund approved
514	pursuant to this paragraph shall be made within 30 days after
515	formal approval by the department.
516	f.  The department shall adopt rules governing the manner
517	and form of refund applications and may establish guidelines as
518	to the requisites for an affirmative showing of qualification
519	for exemption under this paragraph.
520	g.  The Department of Environmental Protection shall be
521	responsible for ensuring that the exemptions do not exceed the
522	limits provided in subparagraph 2.
523	5.  The Department of Environmental Protection shall
524	determine and publish on a regular basis the amount of sales tax
525	funds remaining in each fiscal year.
526	6.  This paragraph expires July 1, 2010.
527	Section 10.  Paragraph (y) is added to subsection (7) of
528	section 213.053, Florida Statutes, to read:
529	213.053  Confidentiality and information sharing.--
530	(7)  Notwithstanding any other provision of this section,
531	the department may provide:
532	(y)  Information relative to ss. 212.08(7)(ccc) and 220.192
533	to the Department of Environmental Protection for use in the
534	conduct of its official business.
535
536	Disclosure of information under this subsection shall be
537	pursuant to a written agreement between the executive director
538	and the agency. Such agencies, governmental or nongovernmental,
539	shall be bound by the same requirements of confidentiality as
540	the Department of Revenue. Breach of confidentiality is a
541	misdemeanor of the first degree, punishable as provided by s.
542	775.082 or s. 775.083.
543	Section 11.  Subsection (8) of section 220.02, Florida
544	Statutes, is amended to read:
545	220.02  Legislative intent.--
546	(8)  It is the intent of the Legislature that credits
547	against either the corporate income tax or the franchise tax be
548	applied in the following order: those enumerated in s. 631.828,
549	those enumerated in s. 220.191, those enumerated in s. 220.181,
550	those enumerated in s. 220.183, those enumerated in s. 220.182,
551	those enumerated in s. 220.1895, those enumerated in s. 221.02,
552	those enumerated in s. 220.184, those enumerated in s. 220.186,
553	those enumerated in s. 220.1845, those enumerated in s. 220.19,
554	those enumerated in s. 220.185, and those enumerated in s.
555	220.187, and those enumerated in s. 220.192.
556	Section 12.  Section 220.192, Florida Statutes, is created
557	to read:
558	220.192  Renewable energy technologies investment tax
559	credit.--
560	(1)  DEFINITIONS.--For purposes of this section, the term:
561	(a)  "Biodiesel" means biodiesel as defined in s.
562	212.08(7)(ccc).
563	(b)  "Eligible costs" means:
564	1.  Seventy-five percent of all capital costs, operation
565	and maintenance costs, and research and development costs
566	incurred between July 1, 2006, and June 30, 2010, up to a limit
567	of $3 million per state fiscal year for all taxpayers, in
568	connection with an investment in hydrogen-powered vehicles and
569	hydrogen vehicle fueling stations in the state, including, but
570	not limited to, the costs of constructing, installing, and
571	equipping such technologies in the state.
572	2.  Seventy-five percent of all capital costs, operation
573	and maintenance costs, and research and development costs
574	incurred between July 1, 2006, and June 30, 2010, up to a limit
575	of $1.5 million per state fiscal year for all taxpayers, and
576	limited to a maximum of $12,000 per fuel cell, in connection
577	with an investment in commercial stationary hydrogen fuel cells
578	in the state, including, but not limited to, the costs of
579	constructing, installing, and equipping such technologies in the
580	state.
581	3.  Seventy-five percent of all capital costs, operation
582	and maintenance costs, and research and development costs
583	incurred between July 1, 2006, and June 30, 2010, up to a limit
584	of $6.5 million per state fiscal year for all taxpayers, in
585	connection with an investment in the production, storage, and
586	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
587	the state, including the costs of constructing, installing, and
588	equipping such technologies in the state. Gasoline fueling
589	station pump retrofits for ethanol (E10-E100) distribution
590	qualify as an eligible cost under this subparagraph.
591	(c)  "Ethanol" means ethanol as defined in s.
592	212.08(7)(ccc).
593	(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
594	defined in s. 212.08(7)(ccc).
595	(2)  TAX CREDIT.--For tax years beginning on or after
596	January 1, 2007, a credit against the tax imposed by this
597	chapter shall be granted in an amount equal to the eligible
598	costs. Credits may be used in tax years beginning January 1,
599	2007, and ending December 31, 2010, after which the credit shall
600	expire. If the credit is not fully used in any one tax year
601	because of insufficient tax liability on the part of the
602	corporation, the unused amount may be carried forward and used
603	in tax years beginning January 1, 2007, and ending December 31,
604	2012, after which the credit carryover expires and may not be
605	used. A taxpayer that files a consolidated return in this state
606	as a member of an affiliated group under s. 220.131(1) may be
607	allowed the credit on a consolidated return basis up to the
608	amount of tax imposed upon the consolidated group. Any eligible
609	cost for which a credit is claimed and which is deducted or
610	otherwise reduces federal taxable income shall be added back in
611	computing adjusted federal income under s. 220.13.
612	(3)  APPLICATION PROCESS.--Any corporation wishing to
613	obtain tax credits available under this section must submit to
614	the Department of Environmental Protection an application for
615	tax credit that includes a complete description of all eligible
616	costs for which the corporation is seeking a credit and a
617	description of the total amount of credits sought. The
618	Department of Environmental Protection shall make a
619	determination on the eligibility of the applicant for the
620	credits sought and certify the determination to the applicant
621	and the Department of Revenue. The corporation must attach the
622	Department of Environmental Protection's certification to the
623	tax return on which the credit is claimed. The Department of
624	Environmental Protection shall be responsible for ensuring that
625	the corporate income tax credits granted in each fiscal year do
626	not exceed the limits provided for in this section. The
627	Department of Environmental Protection is authorized to adopt
628	the necessary rules, guidelines, and application materials for
629	the application process.
630	(4)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
631	CREDITS.--
632	(a)  In addition to its existing audit and investigation
633	authority, the Department of Revenue may perform any additional
634	financial and technical audits and investigations, including
635	examining the accounts, books, and records of the tax credit
636	applicant, that are necessary to verify the eligible costs
637	included in the tax credit return and to ensure compliance with
638	this section. The Department of Environmental Protection shall
639	provide technical assistance when requested by the Department of
640	Revenue on any technical audits or examinations performed
641	pursuant to this section.
642	(b)  It is grounds for forfeiture of previously claimed and
643	received tax credits if the Department of Revenue determines, as
644	a result of either an audit or examination or from information
645	received from the Department of Environmental Protection, that a
646	taxpayer received tax credits pursuant to this section to which
647	the taxpayer was not entitled. The taxpayer is responsible for
648	returning forfeited tax credits to the Department of Revenue,
649	and such funds shall be paid into the General Revenue Fund of
650	the state.
651	(c)  The Department of Environmental Protection may revoke
652	or modify any written decision granting eligibility for tax
653	credits under this section if it is discovered that the tax
654	credit applicant submitted any false statement, representation,
655	or certification in any application, record, report, plan, or
656	other document filed in an attempt to receive tax credits under
657	this section. The Department of Environmental Protection shall
658	immediately notify the Department of Revenue of any revoked or
659	modified orders affecting previously granted tax credits.
660	Additionally, the taxpayer must notify the Department of Revenue
661	of any change in its tax credit claimed.
662	(d)  The taxpayer shall file with the Department of Revenue
663	an amended return or such other report as the Department of
664	Revenue prescribes by rule and shall pay any required tax and
665	interest within 60 days after the taxpayer receives notification
666	from the Department of Environmental Protection that previously
667	approved tax credits have been revoked or modified. If the
668	revocation or modification order is contested, the taxpayer
669	shall file an amended return or other report as provided in this
670	paragraph within 60 days after a final order is issued following
671	proceedings.
672	(e)  A notice of deficiency may be issued by the Department
673	of Revenue at any time within 3 years after the taxpayer
674	receives formal notification from the Department of
675	Environmental Protection that previously approved tax credits
676	have been revoked or modified. If a taxpayer fails to notify the
677	Department of Revenue of any changes to its tax credit claimed,
678	a notice of deficiency may be issued at any time.
679	(5)  RULES.--The Department of Revenue shall have the
680	authority to adopt rules relating to the forms required to claim
681	a tax credit under this section, the requirements and basis for
682	establishing an entitlement to a credit, and the examination and
683	audit procedures required to administer this section.
684	(6)  PUBLICATION.--The Department of Environmental
685	Protection shall determine and publish on a regular basis the
686	amount of available tax credits remaining in each fiscal year.
687	Section 13.  Paragraph (a) of subsection (1) of section
688	220.13, Florida Statutes, is amended to read:
689	220.13  "Adjusted federal income" defined.--
690	(1)  The term "adjusted federal income" means an amount
691	equal to the taxpayer's taxable income as defined in subsection
692	(2), or such taxable income of more than one taxpayer as
693	provided in s. 220.131, for the taxable year, adjusted as
694	follows:
695	(a)  Additions.--There shall be added to such taxable
696	income:
697	1.  The amount of any tax upon or measured by income,
698	excluding taxes based on gross receipts or revenues, paid or
699	accrued as a liability to the District of Columbia or any state
700	of the United States which is deductible from gross income in
701	the computation of taxable income for the taxable year.
702	2.  The amount of interest which is excluded from taxable
703	income under s. 103(a) of the Internal Revenue Code or any other
704	federal law, less the associated expenses disallowed in the
705	computation of taxable income under s. 265 of the Internal
706	Revenue Code or any other law, excluding 60 percent of any
707	amounts included in alternative minimum taxable income, as
708	defined in s. 55(b)(2) of the Internal Revenue Code, if the
709	taxpayer pays tax under s. 220.11(3).
710	3.  In the case of a regulated investment company or real
711	estate investment trust, an amount equal to the excess of the
712	net long-term capital gain for the taxable year over the amount
713	of the capital gain dividends attributable to the taxable year.
714	4.  That portion of the wages or salaries paid or incurred
715	for the taxable year which is equal to the amount of the credit
716	allowable for the taxable year under s. 220.181. The provisions
717	of this subparagraph shall expire and be void on June 30, 2005.
718	5.  That portion of the ad valorem school taxes paid or
719	incurred for the taxable year which is equal to the amount of
720	the credit allowable for the taxable year under s. 220.182. The
721	provisions of this subparagraph shall expire and be void on June
722	30, 2005.
723	6.  The amount of emergency excise tax paid or accrued as a
724	liability to this state under chapter 221 which tax is
725	deductible from gross income in the computation of taxable
726	income for the taxable year.
727	7.  That portion of assessments to fund a guaranty
728	association incurred for the taxable year which is equal to the
729	amount of the credit allowable for the taxable year.
730	8.  In the case of a nonprofit corporation which holds a
731	pari-mutuel permit and which is exempt from federal income tax
732	as a farmers' cooperative, an amount equal to the excess of the
733	gross income attributable to the pari-mutuel operations over the
734	attributable expenses for the taxable year.
735	9.  The amount taken as a credit for the taxable year under
736	s. 220.1895.
737	10.  Up to nine percent of the eligible basis of any
738	designated project which is equal to the credit allowable for
739	the taxable year under s. 220.185.
740	11.  The amount taken as a credit for the taxable year
741	under s. 220.187.
742	12.  The amount taken as a credit for the taxable year
743	under s. 220.192.
744	Section 14.  Subsection (2) of section 186.801, Florida
745	Statutes, is amended to read:
746	186.801  Ten-year site plans.--
747	(2)  Within 9 months after the receipt of the proposed
748	plan, the commission shall make a preliminary study of such plan
749	and classify it as "suitable" or "unsuitable." The commission
750	may suggest alternatives to the plan. All findings of the
751	commission shall be made available to the Department of
752	Environmental Protection for its consideration at any subsequent
753	electrical power plant site certification proceedings. It is
754	recognized that 10-year site plans submitted by an electric
755	utility are tentative information for planning purposes only and
756	may be amended at any time at the discretion of the utility upon
757	written notification to the commission. A complete application
758	for certification of an electrical power plant site under
759	chapter 403, when such site is not designated in the current 10-
760	year site plan of the applicant, shall constitute an amendment
761	to the 10-year site plan. In its preliminary study of each 10-
762	year site plan, the commission shall consider such plan as a
763	planning document and shall review:
764	(a)  The need, including the need as determined by the
765	commission, for electrical power in the area to be served.
766	(b)  The effect on fuel diversity within the state.
767	(c)(b)  The anticipated environmental impact of each
768	proposed electrical power plant site.
769	(d)(c)  Possible alternatives to the proposed plan.
770	(e)(d)  The views of appropriate local, state, and federal
771	agencies, including the views of the appropriate water
772	management district as to the availability of water and its
773	recommendation as to the use by the proposed plant of salt water
774	or fresh water for cooling purposes.
775	(f)(e)  The extent to which the plan is consistent with the
776	state comprehensive plan.
777	(g)(f)  The plan with respect to the information of the
778	state on energy availability and consumption.
779	Section 15.  Subsection (6) of section 366.04, Florida
780	Statutes, is amended to read:
781	366.04  Jurisdiction of commission.--
782	(6)  The commission shall further have exclusive
783	jurisdiction to prescribe and enforce safety standards for
784	transmission and distribution facilities of all public electric
785	utilities, cooperatives organized under the Rural Electric
786	Cooperative Law, and electric utilities owned and operated by
787	municipalities. In adopting safety standards, the commission
788	shall, at a minimum:
789	(a)  Adopt the 1984 edition of the National Electrical
790	Safety Code (ANSI C2) as initial standards; and
791	(b)  Adopt, after review, any new edition of the National
792	Electrical Safety Code (ANSI C2).
793
794	The standards prescribed by the current 1984 edition of the
795	National Electrical Safety Code (ANSI C2) shall constitute
796	acceptable and adequate requirements for the protection of the
797	safety of the public, and compliance with the minimum
798	requirements of that code shall constitute good engineering
799	practice by the utilities. The administrative authority referred
800	to in the 1984 edition of the National Electrical Safety Code is
801	the commission. However, nothing herein shall be construed as
802	superseding, repealing, or amending the provisions of s.
803	403.523(1) and (10).
804	Section 16.  Subsections (1) and (8) of section 366.05,
805	Florida Statutes, are amended to read:
806	366.05  Powers.--
807	(1)  In the exercise of such jurisdiction, the commission
808	shall have power to prescribe fair and reasonable rates and
809	charges, classifications, standards of quality and measurements,
810	including the ability to adopt construction standards that
811	exceed the National Electrical Safety Code for purposes of
812	ensuring the reliable provision of service, and service rules
813	and regulations to be observed by each public utility; to
814	require repairs, improvements, additions, replacements, and
815	extensions to the plant and equipment of any public utility when
816	reasonably necessary to promote the convenience and welfare of
817	the public and secure adequate service or facilities for those
818	reasonably entitled thereto; to employ and fix the compensation
819	for such examiners and technical, legal, and clerical employees
820	as it deems necessary to carry out the provisions of this
821	chapter; and to adopt rules pursuant to ss. 120.536(1) and
822	120.54 to implement and enforce the provisions of this chapter.
823	(8)  If the commission determines that there is probable
824	cause to believe that inadequacies exist with respect to the
825	energy grids developed by the electric utility industry,
826	including inadequacies in fuel diversity or fuel supply
827	reliability, it shall have the power, after proceedings as
828	provided by law, and after a finding that mutual benefits will
829	accrue to the electric utilities involved, to require
830	installation or repair of necessary facilities, including
831	generating plants and transmission facilities, with the costs to
832	be distributed in proportion to the benefits received, and to
833	take all necessary steps to ensure compliance. The electric
834	utilities involved in any action taken or orders issued pursuant
835	to this subsection shall have full power and authority,
836	notwithstanding any general or special laws to the contrary, to
837	jointly plan, finance, build, operate, or lease generating and
838	transmission facilities and shall be further authorized to
839	exercise the powers granted to corporations in chapter 361. This
840	subsection shall not supersede or control any provision of the
841	Florida Electrical Power Plant Siting Act, ss. 403.501-403.518.
842	Section 17.  The Florida Public Service Commission shall
843	direct a study of the electric transmission grid in the state.
844	The study shall look at electric system reliability to examine
845	the efficiency and reliability of power transfer and emergency
846	contingency conditions. In addition, the study shall examine the
847	strengthening of infrastructure to address issues arising from
848	the 2004 and 2005 hurricane seasons. A report of the results of
849	the study shall be provided to the Governor, the President of
850	the Senate, and the Speaker of the House of Representatives by
851	January 30, 2007.
852	Section 18.  Subsections (5), (8), (9), (12), (18), (24),
853	and (27) of section 403.503, Florida Statutes, are amended,
854	subsections (16) through (28) are renumbered as (17) through
855	(29), respectively, and a new subsection (16) is added to that
856	section, to read:
857	403.503  Definitions relating to Florida Electrical Power
858	Plant Siting Act.--As used in this act:
859	(5)  "Application" means the documents required by the
860	department to be filed to initiate a certification review and
861	evaluation, including the initial document filing, amendments,
862	and responses to requests from the department for additional
863	data and information proceeding and shall include the documents
864	necessary for the department to render a decision on any permit
865	required pursuant to any federally delegated or approved permit
866	program.
867	(8)  "Completeness" means that the application has
868	addressed all applicable sections of the prescribed application
869	format, and but does not mean that those sections are sufficient
870	in comprehensiveness of data or in quality of information
871	provided to allow the department to determine whether the
872	application provides the reviewing agencies adequate information
873	to prepare the reports required by s. 403.507.
874	(9)  "Corridor" means the proposed area within which an
875	associated linear facility right-of-way is to be located. The
876	width of the corridor proposed for certification as an
877	associated facility, at the option of the applicant, may be the
878	width of the right-of-way or a wider boundary, not to exceed a
879	width of 1 mile. The area within the corridor in which a right-
880	of-way may be located may be further restricted by a condition
881	of certification. After all property interests required for the
882	right-of-way have been acquired by the licensee applicant, the
883	boundaries of the area certified shall narrow to only that land
884	within the boundaries of the right-of-way.
885	(12)  "Electrical power plant" means, for the purpose of
886	certification, any steam or solar electrical generating facility
887	using any process or fuel, including nuclear materials, except
888	that this term does not include any steam or solar electrical
889	generating facility of less than 75 megawatts in capacity unless
890	the applicant for such a facility elects to apply for
891	certification under this act, or any unit capacity expansion of
892	35 megawatts or less of an existing exothermic reaction
893	cogeneration unit that was originally built under a power plant
894	siting act exemption. This exemption does not apply if the unit
895	uses oil or natural gas for purposes other than startup. This
896	term and includes associated facilities to be owned by the
897	licensee which directly support the construction and operation
898	of the electrical power plant such as fuel unloading facilities,
899	pipelines necessary for transporting fuel for the operation of
900	the facility or other fuel transportation facilities, water or
901	wastewater transport pipelines, construction, maintenance and
902	access roads, railway lines necessary for transport of
903	construction equipment or fuel for the operation of the
904	facility, and those associated transmission lines owned by the
905	licensee which connect the electrical power plant to an existing
906	transmission network or rights-of-way to which the applicant
907	intends to connect, except that this term does not include any
908	steam or solar electrical generating facility of less than 75
909	megawatts in capacity unless the applicant for such a facility
910	elects to apply for certification under this act. Associated
911	facilities An associated transmission line may include, at the
912	applicant's option, offsite associated facilities that will not
913	be owned by the applicant and any proposed terminal or
914	intermediate substations or substation expansions connected to
915	the associated transmission line.
916	(16)  "Licensee" means an applicant that has obtained a
917	certification order for the subject project.
918	(19)(18)  "Nonprocedural requirements of agencies" means
919	any agency's regulatory requirements established by statute,
920	rule, ordinance, zoning ordinance, land development code, or
921	comprehensive plan, excluding any provisions prescribing forms,
922	fees, procedures, or time limits for the review or processing of
923	information submitted to demonstrate compliance with such
924	regulatory requirements.
925	(25)(24)  "Right-of-way" means land necessary for the
926	construction and maintenance of a connected associated linear
927	facility, such as a railroad line, pipeline, or transmission
928	line as owned by or proposed to be certified by the applicant.
929	The typical width of the right-of-way shall be identified in the
930	application. The right-of-way shall be located within the
931	certified corridor and shall be identified by the applicant
932	subsequent to certification in documents filed with the
933	department prior to construction.
934	(28)(27)  "Ultimate site capacity" means the maximum
935	generating capacity for a site as certified by the board.
936	"Sufficiency" means that the application is not only complete
937	but that all sections are sufficient in the comprehensiveness of
938	data or in the quality of information provided to allow the
939	department to determine whether the application provides the
940	reviewing agencies adequate information to prepare the reports
941	required by s. 403.507.
942	Section 19.  Subsections (1), (7), (9), and (10) of section
943	403.504, Florida Statutes, are amended, and new subsections (9),
944	(10), (11), and (12) are added to that section, to read:
945	403.504  Department of Environmental Protection; powers and
946	duties enumerated.--The department shall have the following
947	powers and duties in relation to this act:
948	(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54
949	to implement the provisions of this act, including rules setting
950	forth environmental precautions to be followed in relation to
951	the location, construction, and operation of electrical power
952	plants.
953	(7)  To conduct studies and prepare a project written
954	analysis under s. 403.507.
955	(9)  To issue final orders after receipt of the
956	administrative law judge's order relinquishing jurisdiction
957	pursuant to s. 403.508(6).
958	(10)  To act as clerk for the siting board.
959	(11)  To administer and manage the terms and conditions of
960	the certification order and supporting documents and records for
961	the life of the facility.
962	(12)  To issue emergency orders on behalf of the board for
963	facilities licensed under this act.
964	(9)  To notify all affected agencies of the filing of a
965	notice of intent within 15 days after receipt of the notice.
966	(10)  To issue, with the electrical power plant
967	certification, any license required pursuant to any federally
968	delegated or approved permit program.
969	Section 20.  Section 403.5055, Florida Statutes, is amended
970	to read:
971	403.5055  Application for permits pursuant to s.
972	403.0885.--In processing applications for permits pursuant to s.
973	403.0885 that are associated with applications for electrical
974	power plant certification:
975	(1)  The procedural requirements set forth in 40 C.F.R. s.
976	123.25, including public notice, public comments, and public
977	hearings, shall be closely coordinated with the certification
978	process established under this part. In the event of a conflict
979	between the certification process and federally required
980	procedures for NPDES permit issuance, the applicable federal
981	requirements shall control.
982	(2)  The department's proposed action pursuant to 40 C.F.R.
983	s. 124.6, including any draft NPDES permit (containing the
984	information required under 40 C.F.R. s. 124.6(d)), shall within
985	130 days after the submittal of a complete application be
986	publicly noticed and transmitted to the United States
987	Environmental Protection Agency for its review pursuant to 33
988	U.S.C. s. 1342(d).
989	(2)(3)  If available at the time the department issues its
990	project analysis pursuant to s. 403.507(5), the department shall
991	include in its project analysis written analysis pursuant to s.
992	403.507(3) copies of the department's proposed action pursuant
993	to 40 C.F.R. s. 124.6 on any application for a NPDES permit; any
994	corresponding comments received from the United States
995	Environmental Protection Agency, the applicant, or the general
996	public; and the department's response to those comments.
997	(3)(4)  The department shall not issue or deny the permit
998	pursuant to s. 403.0885 in advance of the issuance of the
999	electrical electric power plant certification under this part
1000	unless required to do so by the provisions of federal law. When
1001	possible, any hearing on a permit issued pursuant to s. 403.0885
1002	shall be conducted in conjunction with the certification hearing
1003	held pursuant to this act. The department's actions on an NPDES
1004	permit shall be based on the record and recommended order of the
1005	certification hearing, if the hearing on the NPDES was conducted
1006	in conjunction with the certification hearing, and of any other
1007	proceeding held in connection with the application for an NPDES
1008	permit, timely public comments received with respect to the
1009	application, and the provisions of federal law. The department's
1010	action on an NPDES permit, if issued, shall differ from the
1011	actions taken by the siting board regarding the certification
1012	order if federal laws and regulations require different action
1013	to be taken to ensure compliance with the Clean Water Act, as
1014	amended, and implementing regulations. Nothing in this part
1015	shall be construed to displace the department's authority as the
1016	final permitting entity under the federally approved state NPDES
1017	program. Nothing in this part shall be construed to authorize
1018	the issuance of a state NPDES permit which does not conform to
1019	the requirements of the federally approved state NPDES program.
1020	The permit, if issued, shall be valid for no more than 5 years.
1021	(5)  The department's action on an NPDES permit renewal, if
1022	issued, shall differ from the actions taken by the siting board
1023	regarding the certification order if federal laws and
1024	regulations require different action to be taken to ensure
1025	compliance with the Clean Water Act, as amended, and
1026	implementing regulations.
1027	Section 21.  Section 403.506, Florida Statutes, is amended
1028	to read:
1029	403.506  Applicability, thresholds, and certification.--
1030	(1)  The provisions of this act shall apply to any
1031	electrical power plant as defined herein, except that the
1032	provisions of this act shall not apply to any electrical power
1033	plant or steam generating plant of less than 75 megawatts in
1034	capacity or to any substation to be constructed as part of an
1035	associated transmission line unless the applicant has elected to
1036	apply for certification of such plant or substation under this
1037	act. The provisions of this act shall not apply to any unit
1038	capacity expansion of 35 megawatts or less of an existing
1039	exothermic reaction cogeneration unit that was exempt from this
1040	act when it was originally built; however, this exemption shall
1041	not apply if the unit uses oil or natural gas for purposes other
1042	than unit startup. No construction of any new electrical power
1043	plant or expansion in steam generating capacity as measured by
1044	an increase in the maximum electrical generator rating of any
1045	existing electrical power plant may be undertaken after October
1046	1, 1973, without first obtaining certification in the manner as
1047	herein provided, except that this act shall not apply to any
1048	such electrical power plant which is presently operating or
1049	under construction or which has, upon the effective date of
1050	chapter 73-33, Laws of Florida, applied for a permit or
1051	certification under requirements in force prior to the effective
1052	date of such act.
1053	(2)  Except as provided in the certification, modification
1054	of nonnuclear fuels, internal related hardware, including
1055	increases in steam turbine efficiency, or operating conditions
1056	not in conflict with certification which increase the electrical
1057	output of a unit to no greater capacity than the maximum
1058	electrical generator rating operating capacity of the existing
1059	generator shall not constitute an alteration or addition to
1060	generating capacity which requires certification pursuant to
1061	this act.
1062	(3)  The application for any related department license
1063	which is required pursuant to any federally delegated or
1064	approved permit program shall be processed within the time
1065	periods allowed by this act, in lieu of those specified in s.
1066	120.60. However, permits issued pursuant to s. 403.0885 shall be
1067	processed in accordance with 40 C.F.R. part 123.
1068	Section 22.  Section 403.5064, Florida Statutes, is amended
1069	to read:
1070	403.5064  Application Distribution of application;
1071	schedules.--
1072	(1)  The formal date of filing of a certification
1073	application and commencement of the certification review process
1074	shall be when the applicant submits:
1075	(a)  Copies of the certification application in a quantity
1076	and format as prescribed by rule to the department and other
1077	agencies identified in s. 403.507(2)(a).
1078	(b)  The application fee specified under s. 403.518 to the
1079	department.
1080	(2)(1)  Within 7 days after the filing of an application,
1081	the department shall provide to the applicant and the Division
1082	of Administrative Hearings the names and addresses of any
1083	additional those affected or other agencies or persons entitled
1084	to notice and copies of the application and any amendments.
1085	Copies of the application shall be distributed within 5 days
1086	after the provision of such names and addresses by the applicant
1087	to these additional agencies. This distribution shall not be a
1088	basis for altering the schedule of dates for the certification
1089	process.
1090	(3)  Any amendment to the application made prior to
1091	certification shall be disposed of as part of the original
1092	certification proceeding. Amendment of the application may be
1093	considered good cause for alteration of time limits pursuant to
1094	s. 403.5095.
1095	(4)(2)  Within 7 days after the filing of an application
1096	completeness has been determined, the department shall prepare a
1097	proposed schedule of dates for determination of completeness,
1098	submission of statements of issues, determination of
1099	sufficiency, and submittal of final reports, from affected and
1100	other agencies and other significant dates to be followed during
1101	the certification process, including dates for filing notices of
1102	appearance to be a party pursuant to s. 403.508(3)(4). This
1103	schedule shall be timely provided by the department to the
1104	applicant, the administrative law judge, all agencies identified
1105	pursuant to subsection (2) (1), and all parties. Within 7 days
1106	after the filing of the proposed schedule, the administrative
1107	law judge shall issue an order establishing a schedule for the
1108	matters addressed in the department's proposed schedule and
1109	other appropriate matters, if any.
1110	(5)(3)  Within 7 days after completeness has been
1111	determined, the applicant shall distribute copies of the
1112	application to all agencies identified by the department
1113	pursuant to subsection (1). Copies of changes and amendments to
1114	the application shall be timely distributed by the applicant to
1115	all affected agencies and parties who have received a copy of
1116	the application.
1117	(6)  Notice of the filing of the application shall be
1118	published in accordance with the requirements of s. 403.5115.
1119	Section 23.  Section 403.5065, Florida Statutes, is amended
1120	to read:
1121	403.5065  Appointment of administrative law judge; powers
1122	and duties.--
1123	(1)  Within 7 days after receipt of an application, whether
1124	complete or not, the department shall request the Division of
1125	Administrative Hearings to designate an administrative law judge
1126	to conduct the hearings required by this act. The division
1127	director shall designate an administrative law judge within 7
1128	days after receipt of the request from the department. In
1129	designating an administrative law judge for this purpose, the
1130	division director shall, whenever practicable, assign an
1131	administrative law judge who has had prior experience or
1132	training in electrical power plant site certification
1133	proceedings. Upon being advised that an administrative law judge
1134	has been appointed, the department shall immediately file a copy
1135	of the application and all supporting documents with the
1136	designated administrative law judge, who shall docket the
1137	application.
1138	(2)  The administrative law judge shall have all powers and
1139	duties granted to administrative law judges by chapter 120 and
1140	by the laws and rules of the department.
1141	Section 24.  Section 403.5066, Florida Statutes, is amended
1142	to read:
1143	403.5066  Determination of completeness.--
1144	(1)(a)  Within 30 days after the filing of an application,
1145	affected agencies shall file a statement with the department
1146	containing each agency's recommendations on the completeness of
1147	the application.
1148	(b)  Within 40 15 days after the filing receipt of an
1149	application, the department shall file a statement with the
1150	Division of Administrative Hearings, and with the applicant, and
1151	with all parties declaring its position with regard to the
1152	completeness, not the sufficiency, of the application. The
1153	department's statement shall be based upon consultation with the
1154	affected agencies.
1155	(2)(1)  If the department declares the application to be
1156	incomplete, the applicant, within 15 days after the filing of
1157	the statement by the department, shall file with the Division of
1158	Administrative Hearings, and with the department, and all
1159	parties a statement:
1160	(a)  A withdrawal of Agreeing with the statement of the
1161	department and withdrawing the application;
1162	(b)  A statement agreeing to supply the additional
1163	information necessary to make the application complete. Such
1164	additional information shall be provided within 30 days after
1165	the issuance of the department's statement on completeness of
1166	the application. The time schedules under this act shall not be
1167	tolled if the applicant makes the application complete within 30
1168	days after the issuance of the department's statement on
1169	completeness of the application. A subsequent finding by the
1170	department that the application remains incomplete, based upon
1171	the additional information submitted by the applicant or upon
1172	the failure of the applicant to timely submit the additional
1173	information, tolls the time schedules under this act until the
1174	application is determined complete; Agreeing with the statement
1175	of the department and agreeing to amend the application without
1176	withdrawing it. The time schedules referencing a complete
1177	application under this act shall not commence until the
1178	application is determined complete; or
1179	(c)  A statement contesting the department's determination
1180	of incompleteness; or contesting the statement of the
1181	department.
1182	(d)  A statement agreeing with the department and
1183	requesting additional time beyond 30 days to provide the
1184	information necessary to make the application complete. If the
1185	applicant exercises this option, the time schedules under this
1186	act are tolled until the application is determined complete.
1187	(3)(a)(2)  If the applicant contests the determination by
1188	the department that an application is incomplete, the
1189	administrative law judge shall schedule a hearing on the
1190	statement of completeness. The hearing shall be held as
1191	expeditiously as possible, but not later than 21 30 days after
1192	the filing of the statement by the department. The
1193	administrative law judge shall render a decision within 7 10
1194	days after the hearing.
1195	(b)  Parties to a hearing on the issue of completeness
1196	shall include the applicant, the department, and any agency that
1197	has jurisdiction over the matter in dispute.
1198	(c)(a)  If the administrative law judge determines that the
1199	application was not complete as filed, the applicant shall
1200	withdraw the application or make such additional submittals as
1201	necessary to complete it. The time schedules referencing a
1202	complete application under this act shall not commence until the
1203	application is determined complete.
1204	(d)(b)  If the administrative law judge determines that the
1205	application was complete at the time it was declared incomplete
1206	filed, the time schedules referencing a complete application
1207	under this act shall commence upon such determination.
1208	(4)  If the applicant provides additional information to
1209	address the issues identified in the determination of
1210	incompleteness, each affected agency may submit to the
1211	department, no later than 15 days after the applicant files the
1212	additional information, a recommendation on whether the agency
1213	believes the application is complete. Within 22 days after
1214	receipt of the additional information from the applicant
1215	submitted under paragraph (2)(b), paragraph (2)(d), or paragraph
1216	(3)(c), the department shall determine whether the additional
1217	information supplied by an applicant makes the application
1218	complete. If the department finds that the application is still
1219	incomplete, the applicant may exercise any of the options
1220	specified in subsection (2) as often as is necessary to resolve
1221	the dispute.
1222	Section 25.  Section 403.50663, Florida Statutes, is
1223	created to read:
1224	403.50663  Informational public meetings.--
1225	(1)  A local government within whose jurisdiction the power
1226	plant is proposed to be sited may hold one informational public
1227	meeting in addition to the hearings specifically authorized by
1228	this act on any matter associated with the electrical power
1229	plant proceeding. Such informational public meetings shall be
1230	held by the local government or by the regional planning council
1231	if the local government does not hold such meeting within 70
1232	days after the filing of the application. The purpose of an
1233	informational public meeting is for the local government or
1234	regional planning council to further inform the public about the
1235	proposed electrical power plant or associated facilities, obtain
1236	comments from the public, and formulate its recommendation with
1237	respect to the proposed electrical power plant.
1238	(2)  Informational public meetings shall be held solely at
1239	the option of each local government or regional planning council
1240	if a public meeting is not held by the local government. It is
1241	the legislative intent that local governments or regional
1242	planning councils attempt to hold such public meetings. Parties
1243	to the proceedings under this act shall be encouraged to attend;
1244	however, no party other than the applicant and the department
1245	shall be required to attend such informational public meetings.
1246	(3)  A local government or regional planning council that
1247	intends to conduct an informational public meeting must provide
1248	notice of the meeting to all parties not less than 5 days prior
1249	to the meeting.
1250	(4)  The failure to hold an informational public meeting or
1251	the procedure used for the informational public meeting are not
1252	grounds for the alteration of any time limitation in this act
1253	under s. 403.5095 or grounds to deny or condition certification.
1254	Section 26.  Section 403.50665, Florida Statutes, is
1255	created to read:
1256	403.50665  Land use consistency.--
1257	(1)  The applicant shall include in the application a
1258	statement on the consistency of the site or any directly
1259	associated facilities with existing land use plans and zoning
1260	ordinances that were in effect on the date the application was
1261	filed and a full description of such consistency.
1262	(2)  Within 80 days after the filing of the application,
1263	each local government shall file a determination with the
1264	department, the applicant, the administrative law judge, and all
1265	parties on the consistency of the site or any directly
1266	associated facilities with existing land use plans and zoning
1267	ordinances that were in effect on the date the application was
1268	filed, based on the information provided in the application. The
1269	applicant shall publish notice of the consistency determination
1270	in accordance with the requirements of s. 403.5115.
1271	(3)  If any substantially affected person wishes to dispute
1272	the local government's determination, he or she shall file a
1273	petition with the department within 15 days after the
1274	publication of notice of the local government's determination.
1275	If a hearing is requested, the provisions of s. 403.508(1) shall
1276	apply.
1277	(4)  The dates in this section may be altered upon
1278	agreement between the applicant, the local government, and the
1279	department pursuant to s. 403.5095.
1280	(5)  If it is determined by the local government that the
1281	proposed site or directly associated facility does conform with
1282	existing land use plans and zoning ordinances in effect as of
1283	the date of the application and no petition has been filed, the
1284	responsible zoning or planning authority shall not thereafter
1285	change such land use plans or zoning ordinances so as to
1286	foreclose construction and operation of the proposed site or
1287	directly associated facilities unless certification is
1288	subsequently denied or withdrawn.
1289	Section 27.  Section 403.5067, Florida Statutes, is
1290	repealed.
1291	Section 28.  Section 403.507, Florida Statutes, is amended
1292	to read:
1293	403.507  Preliminary statements of issues, reports, project
1294	analyses, and studies.--
1295	(1)  Each affected agency identified in paragraph (2)(a)
1296	shall submit a preliminary statement of issues to the
1297	department, and the applicant, and all parties no later than 40
1298	60 days after the certification application has been determined
1299	distribution of the complete application. The failure to raise
1300	an issue in this statement shall not preclude the issue from
1301	being raised in the agency's report.
1302	(2)(a)  No later than 100 days after the certification
1303	application has been determined complete, the following agencies
1304	shall prepare reports as provided below and shall submit them to
1305	the department and the applicant within 150 days after
1306	distribution of the complete application:
1307	1.  The Department of Community Affairs shall prepare a
1308	report containing recommendations which address the impact upon
1309	the public of the proposed electrical power plant, based on the
1310	degree to which the electrical power plant is consistent with
1311	the applicable portions of the state comprehensive plan,
1312	emergency management requirements, and other such matters within
1313	its jurisdiction. The Department of Community Affairs may also
1314	comment on the consistency of the proposed electrical power
1315	plant with applicable strategic regional policy plans or local
1316	comprehensive plans and land development regulations.
1317	2.  The Public Service Commission shall prepare a report as
1318	to the present and future need for the electrical generating
1319	capacity to be supplied by the proposed electrical power plant.
1320	The report shall include the commission's determination pursuant
1321	to s. 403.519 and may include the commission's comments with
1322	respect to any other matters within its jurisdiction.
1323	2.3.  The water management district shall prepare a report
1324	as to matters within its jurisdiction, including but not limited
1325	to, the impact of the proposed electrical power plant on water
1326	resources, regional water supply planning, and district-owned
1327	lands and works.
1328	3.4.  Each local government in whose jurisdiction the
1329	proposed electrical power plant is to be located shall prepare a
1330	report as to the consistency of the proposed electrical power
1331	plant with all applicable local ordinances, regulations,
1332	standards, or criteria that apply to the proposed electrical
1333	power plant, including adopted local comprehensive plans, land
1334	development regulations, and any applicable local environmental
1335	regulations adopted pursuant to s. 403.182 or by other means.
1336	4.5.  The Fish and Wildlife Conservation Commission shall
1337	prepare a report as to matters within its jurisdiction.
1338	5.6.  Each The regional planning council shall prepare a
1339	report containing recommendations that address the impact upon
1340	the public of the proposed electrical power plant, based on the
1341	degree to which the electrical power plant is consistent with
1342	the applicable provisions of the strategic regional policy plan
1343	adopted pursuant to chapter 186 and other matters within its
1344	jurisdiction.
1345	6.  The Department of Transportation shall address the
1346	impact of the proposed electrical power plant on matters within
1347	its jurisdiction.
1348	(b)7.  Any other agency, if requested by the department,
1349	shall also perform studies or prepare reports as to matters
1350	within that agency's jurisdiction which may potentially be
1351	affected by the proposed electrical power plant.
1352	(b)  As needed to verify or supplement the studies made by
1353	the applicant in support of the application, it shall be the
1354	duty of the department to conduct, or contract for, studies of
1355	the proposed electrical power plant and site, including, but not
1356	limited to, the following, which shall be completed no later
1357	than 210 days after the complete application is filed with the
1358	department:
1359	1.  Cooling system requirements.
1360	2.  Construction and operational safeguards.
1361	3.  Proximity to transportation systems.
1362	4.  Soil and foundation conditions.
1363	5.  Impact on suitable present and projected water supplies
1364	for this and other competing uses.
1365	6.  Impact on surrounding land uses.
1366	7.  Accessibility to transmission corridors.
1367	8.  Environmental impacts.
1368	9.  Requirements applicable under any federally delegated
1369	or approved permit program.
1370	(3)(c)  Each report described in subsection (2) paragraphs
1371	(a) and (b) shall contain:
1372	(a)  A notice of any nonprocedural requirements not
1373	specifically listed in the application from which a variance,
1374	exemption, exception all information on variances, exemptions,
1375	exceptions, or other relief is necessary in order for the
1376	proposed electrical power plant to be certified. Failure of such
1377	notification by an agency shall be treated as a waiver from
1378	nonprocedural requirements of that agency. However, no variance
1379	shall be granted from standards or regulations of the department
1380	applicable under any federally delegated or approved permit
1381	program, except as expressly allowed in such program. which may
1382	be required by s. 403.511(2) and
1383	(b)  A recommendation for approval or denial of the
1384	application.
1385	(c)  Any proposed conditions of certification on matters
1386	within the jurisdiction of such agency. For each condition
1387	proposed by an agency in its report, the agency shall list the
1388	specific statute, rule, or ordinance which authorizes the
1389	proposed condition.
1390	(d)  The agencies shall initiate the activities required by
1391	this section no later than 30 days after the complete
1392	application is distributed. The agencies shall keep the
1393	applicant and the department informed as to the progress of the
1394	studies and any issues raised thereby.
1395	(3)  No later than 60 days after the application for a
1396	federally required new source review or prevention of
1397	significant deterioration permit for the electrical power plant
1398	is complete and sufficient, the department shall issue its
1399	preliminary determination on such permit. Notice of such
1400	determination shall be published as required by the department's
1401	rules for notices of such permits. The department shall receive
1402	public comments and comments from the United States
1403	Environmental Protection Agency and other affected agencies on
1404	the preliminary determination as provided for in the federally
1405	approved state implementation plan. The department shall
1406	maintain a record of all comments received and considered in
1407	taking action on such permits. If a petition for an
1408	administrative hearing on the department's preliminary
1409	determination is filed by a substantially affected person, that
1410	hearing shall be consolidated with the certification hearing.
1411	(4)(a)  No later than 150 days after the application is
1412	filed, the Public Service Commission shall prepare a report as
1413	to the present and future need for electrical generating
1414	capacity to be supplied by the proposed electrical power plant.
1415	The report shall include the commission's determination pursuant
1416	to s. 403.519 and may include the commission's comments with
1417	respect to any other matters within its jurisdiction.
1418	(b)  Receipt of an affirmative determination of need by the
1419	submittal deadline under paragraph (a) shall be a condition
1420	precedent to issuance of the department's project analysis and
1421	conduct of the certification hearing.
1422	(5)(4)  The department shall prepare a project written
1423	analysis, which shall be filed with the designated
1424	administrative law judge and served on all parties no later than
1425	130 240 days after the complete application is determined
1426	complete filed with the department, but no later than 60 days
1427	prior to the hearing, and which shall include:
1428	(a)  A statement indicating whether the proposed electrical
1429	power plant and proposed ultimate site capacity will be in
1430	compliance and consistent with matters within the department's
1431	standard jurisdiction, including with the rules of the
1432	department, as well as whether the proposed electrical power
1433	plant and proposed ultimate site capacity will be in compliance
1434	with the nonprocedural requirements of the affected agencies.
1435	(b)  Copies of the studies and reports required by this
1436	section and s. 403.519.
1437	(c)  The comments received by the department from any other
1438	agency or person.
1439	(d)  The recommendation of the department as to the
1440	disposition of the application, of variances, exemptions,
1441	exceptions, or other relief identified by any party, and of any
1442	proposed conditions of certification which the department
1443	believes should be imposed.
1444	(e)  If available, the recommendation of the department
1445	regarding the issuance of any license required pursuant to a
1446	federally delegated or approved permit program.
1447	(f)  Copies of the department's draft of the operation
1448	permit for a major source of air pollution, which must also be
1449	provided to the United States Environmental Protection Agency
1450	for review within 5 days after issuance of the written analysis.
1451	(6)(5)  Except when good cause is shown, the failure of any
1452	agency to submit a preliminary statement of issues or a report,
1453	or to submit its preliminary statement of issues or report
1454	within the allowed time, shall not be grounds for the alteration
1455	of any time limitation in this act. Neither the failure to
1456	submit a preliminary statement of issues or a report nor the
1457	inadequacy of the preliminary statement of issues or report are
1458	shall be grounds to deny or condition certification.
1459	Section 29.  Section 403.508, Florida Statutes, is amended
1460	to read:
1461	403.508  Land use and certification hearings proceedings,
1462	parties, participants.--
1463	(1)(a)  If a petition for a hearing on land use has been
1464	filed pursuant to s. 403.50665, the designated administrative
1465	law judge shall conduct a land use hearing in the county of the
1466	proposed site or directly associated facility, as applicable, as
1467	expeditiously as possible, but not later than 30 within 90 days
1468	after the department's receipt of the petition a complete
1469	application for electrical power plant site certification by the
1470	department. The place of such hearing shall be as close as
1471	possible to the proposed site or directly associated facility.
1472	If a petition is filed, the hearing shall be held regardless of
1473	the status of the completeness of the application. However,
1474	incompleteness of information necessary for a local government
1475	to evaluate an application may be claimed by the local
1476	government as cause for a statement of inconsistency with
1477	existing land use plans and zoning ordinances under s.
1478	403.50665.
1479	(b)  Notice of the land use hearing shall be published in
1480	accordance with the requirements of s. 403.5115.
1481	(c)(2)  The sole issue for determination at the land use
1482	hearing shall be whether or not the proposed site is consistent
1483	and in compliance with existing land use plans and zoning
1484	ordinances. If the administrative law judge concludes that the
1485	proposed site is not consistent or in compliance with existing
1486	land use plans and zoning ordinances, the administrative law
1487	judge shall receive at the hearing evidence on, and address in
1488	the recommended order any changes to or approvals or variances
1489	under, the applicable land use plans or zoning ordinances which
1490	will render the proposed site consistent and in compliance with
1491	the local land use plans and zoning ordinances.
1492	(d)  The designated administrative law judge's recommended
1493	order shall be issued within 30 days after completion of the
1494	hearing and shall be reviewed by the board within 60 45 days
1495	after receipt of the recommended order by the board.
1496	(e)  If it is determined by the board that the proposed
1497	site does conform with existing land use plans and zoning
1498	ordinances in effect as of the date of the application, or as
1499	otherwise provided by this act, the responsible zoning or
1500	planning authority shall not thereafter change such land use
1501	plans or zoning ordinances so as to foreclose construction and
1502	operation of affect the proposed electrical power plant on the
1503	proposed site or directly associated facilities unless
1504	certification is subsequently denied or withdrawn.
1505	(f)  If it is determined by the board that the proposed
1506	site does not conform with existing land use plans and zoning
1507	ordinances, it shall be the responsibility of the applicant to
1508	make the necessary application for rezoning. Should the
1509	application for rezoning be denied, the applicant may appeal
1510	this decision to the board, which may, if it determines after
1511	notice and hearing and upon consideration of the recommended
1512	order on land use and zoning issues that it is in the public
1513	interest to authorize the use of the land as a site for an
1514	electrical power plant, authorize an amendment, rezoning,
1515	variance, or other approval a variance to the adopted land use
1516	plan and zoning ordinances required to render the proposed site
1517	consistent with local land use plans and zoning ordinances. The
1518	board's action shall not be controlled by any other procedural
1519	requirements of law. In the event a variance or other approval
1520	is denied by the board, it shall be the responsibility of the
1521	applicant to make the necessary application for any approvals
1522	determined by the board as required to make the proposed site
1523	consistent and in compliance with local land use plans and
1524	zoning ordinances. No further action may be taken on the
1525	complete application by the department until the proposed site
1526	conforms to the adopted land use plan or zoning ordinances or
1527	the board grants relief as provided under this act.
1528	(2)(a)(3)  A certification hearing shall be held by the
1529	designated administrative law judge no later than 265 300 days
1530	after the complete application is filed with the department;
1531	however, an affirmative determination of need by the Public
1532	Service Commission pursuant to s. 403.519 shall be a condition
1533	precedent to the conduct of the certification hearing. The
1534	certification hearing shall be held at a location in proximity
1535	to the proposed site. The certification hearing shall also
1536	constitute the sole hearing allowed by chapter 120 to determine
1537	the substantial interest of a party regarding any required
1538	agency license or any related permit required pursuant to any
1539	federally delegated or approved permit program. At the
1540	conclusion of the certification hearing, the designated
1541	administrative law judge shall, after consideration of all
1542	evidence of record, submit to the board a recommended order no
1543	later than 45 60 days after the filing of the hearing
1544	transcript. In the event the administrative law judge fails to
1545	issue a recommended order within 60 days after the filing of the
1546	hearing transcript, the administrative law judge shall submit a
1547	report to the board with a copy to all parties within 60 days
1548	after the filing of the hearing transcript to advise the board
1549	of the reason for the delay in the issuance of the recommended
1550	order and of the date by which the recommended order will be
1551	issued.
1552	(b)  Notice of the certification hearing and notice of the
1553	deadline for filing of notice of intent to be a party shall be
1554	made in accordance with the requirements of s. 403.5115.
1555	(3)(a)(4)(a)  Parties to the proceeding shall include:
1556	1.  The applicant.
1557	2.  The Public Service Commission.
1558	3.  The Department of Community Affairs.
1559	4.  The Fish and Wildlife Conservation Commission.
1560	5.  The water management district.
1561	6.  The department.
1562	7.  The regional planning council.
1563	8.  The local government.
1564	9.  The Department of Transportation.
1565	(b)  Any party listed in paragraph (a) other than the
1566	department or the applicant may waive its right to participate
1567	in these proceedings. If such listed party fails to file a
1568	notice of its intent to be a party on or before the 90th day
1569	prior to the certification hearing, such party shall be deemed
1570	to have waived its right to be a party.
1571	(c)  Notwithstanding the provisions of chapter 120, upon
1572	the filing with the administrative law judge of a notice of
1573	intent to be a party no later than 75 days after the application
1574	is filed at least 15 days prior to the date of the land use
1575	hearing, the following shall also be parties to the proceeding:
1576	1.  Any agency not listed in paragraph (a) as to matters
1577	within its jurisdiction.
1578	2.  Any domestic nonprofit corporation or association
1579	formed, in whole or in part, to promote conservation or natural
1580	beauty; to protect the environment, personal health, or other
1581	biological values; to preserve historical sites; to promote
1582	consumer interests; to represent labor, commercial, or
1583	industrial groups; or to promote comprehensive planning or
1584	orderly development of the area in which the proposed electrical
1585	power plant is to be located.
1586	(d)  Notwithstanding paragraph (e), failure of an agency
1587	described in subparagraph (c)1. to file a notice of intent to be
1588	a party within the time provided herein shall constitute a
1589	waiver of the right of that agency to participate as a party in
1590	the proceeding.
1591	(e)  Other parties may include any person, including those
1592	persons enumerated in paragraph (c) who have failed to timely
1593	file a notice of intent to be a party, whose substantial
1594	interests are affected and being determined by the proceeding
1595	and who timely file a motion to intervene pursuant to chapter
1596	120 and applicable rules. Intervention pursuant to this
1597	paragraph may be granted at the discretion of the designated
1598	administrative law judge and upon such conditions as he or she
1599	may prescribe any time prior to 30 days before the commencement
1600	of the certification hearing.
1601	(f)  Any agency, including those whose properties or works
1602	are being affected pursuant to s. 403.509(4), shall be made a
1603	party upon the request of the department or the applicant.
1604	(4)(a)  The order of presentation at the certification
1605	hearing, unless otherwise changed by the administrative law
1606	judge to ensure the orderly presentation of witnesses and
1607	evidence, shall be:
1608	1.  The applicant.
1609	2.  The department.
1610	3.  State agencies.
1611	4.  Regional agencies, including regional planning councils
1612	and water management districts.
1613	5.  Local governments.
1614	6.  Other parties.
1615	(b)(5)  When appropriate, any person may be given an
1616	opportunity to present oral or written communications to the
1617	designated administrative law judge. If the designated
1618	administrative law judge proposes to consider such
1619	communications, then all parties shall be given an opportunity
1620	to cross-examine or challenge or rebut such communications.
1621	(5)  At the conclusion of the certification hearing, the
1622	designated administrative law judge shall, after consideration
1623	of all evidence of record, submit to the board a recommended
1624	order no later than 45 days after the filing of the hearing
1625	transcript.
1626	(6)(a)  No earlier than 29 days prior to the conduct of the
1627	certification hearing, the department or the applicant may
1628	request that the administrative law judge cancel the
1629	certification hearing and relinquish jurisdiction to the
1630	department if all parties to the proceeding stipulate that there
1631	are no disputed issues of fact or law to be raised at the
1632	certification hearing, and if sufficient time remains for the
1633	applicant and the department to publish public notices of the
1634	cancellation of the hearing at least 3 days prior to the
1635	scheduled date of the hearing.
1636	(b)  The administrative law judge shall issue an order
1637	granting or denying the request within 5 days after receipt of
1638	the request.
1639	(c)  If the administrative law judge grants the request,
1640	the department and the applicant shall publish notices of the
1641	cancellation of the certification hearing, in accordance with s.
1642	403.5115.
1643	(d)1.  If the administrative law judge grants the request,
1644	the department shall prepare and issue a final order in
1645	accordance with s. 403.509(1)(a).
1646	2.  Parties may submit proposed recommended orders to the
1647	department no later than 10 days after the administrative law
1648	judge issues an order relinquishing jurisdiction.
1649	(7)  The applicant shall pay those expenses and costs
1650	associated with the conduct of the hearings and the recording
1651	and transcription of the proceedings.
1652	(6)  The designated administrative law judge shall have all
1653	powers and duties granted to administrative law judges by
1654	chapter 120 and this chapter and by the rules of the department
1655	and the Administration Commission, including the authority to
1656	resolve disputes over the completeness and sufficiency of an
1657	application for certification.
1658	(7)  The order of presentation at the certification
1659	hearing, unless otherwise changed by the administrative law
1660	judge to ensure the orderly presentation of witnesses and
1661	evidence, shall be:
1662	(a)  The applicant.
1663	(b)  The department.
1664	(c)  State agencies.
1665	(d)  Regional agencies, including regional planning
1666	councils and water management districts.
1667	(e)  Local governments.
1668	(f)  Other parties.
1669	(8)  In issuing permits under the federally approved new
1670	source review or prevention of significant deterioration permit
1671	program, the department shall observe the procedures specified
1672	under the federally approved state implementation plan,
1673	including public notice, public comment, public hearing, and
1674	notice of applications and amendments to federal, state, and
1675	local agencies, to assure that all such permits issued in
1676	coordination with the certification of a power plant under this
1677	act are federally enforceable and are issued after opportunity
1678	for informed public participation regarding the terms and
1679	conditions thereof. When possible, any hearing on a federally
1680	approved or delegated program permit such as new source review,
1681	prevention of significant deterioration permit, or NPDES permit
1682	shall be conducted in conjunction with the certification hearing
1683	held under this act. The department shall accept written comment
1684	with respect to an application for, or the department's
1685	preliminary determination on, a new source review or prevention
1686	of significant deterioration permit for a period of no less than
1687	30 days from the date notice of such action is published. Upon
1688	request submitted within 30 days after published notice, the
1689	department shall hold a public meeting, in the area affected,
1690	for the purpose of receiving public comment on issues related to
1691	the new source review or prevention of significant deterioration
1692	permit. If requested following notice of the department's
1693	preliminary determination, the public meeting to receive public
1694	comment shall be held prior to the scheduled certification
1695	hearing. The department shall also solicit comments from the
1696	United States Environmental Protection Agency and other affected
1697	federal agencies regarding the department's preliminary
1698	determination for any federally required new source review or
1699	prevention of significant deterioration permit. It is the intent
1700	of the Legislature that the review, processing, and issuance of
1701	such federally delegated or approved permits be closely
1702	coordinated with the certification process established under
1703	this part. In the event of a conflict between the certification
1704	process and federally required procedures contained in the state
1705	implementation plan, the applicable federal requirements of the
1706	implementation plan shall control.
1707	Section 30.  Section 403.509, Florida Statutes, is amended
1708	to read:
1709	403.509  Final disposition of application.--
1710	(1)(a)  If the administrative law judge has granted a
1711	request to cancel the certification hearing and has relinquished
1712	jurisdiction to the department under the provisions of s.
1713	403.508(6), within 40 days thereafter, the secretary of the
1714	department shall act upon the application by written order in
1715	accordance with the terms of this act and the stipulation of the
1716	parties in requesting cancellation of the certification hearing.
1717	(b)  If the administrative law judge has not granted a
1718	request to cancel the certification hearing under the provisions
1719	of s. 403.508(6), within 60 days after receipt of the designated
1720	administrative law judge's recommended order, the board shall
1721	act upon the application by written order, approving
1722	certification or denying certification the issuance of a
1723	certificate, in accordance with the terms of this act, and
1724	stating the reasons for issuance or denial. If certification the
1725	certificate is denied, the board shall set forth in writing the
1726	action the applicant would have to take to secure the board's
1727	approval of the application.
1728	(2)  The issues that may be raised in any hearing before
1729	the board shall be limited to those matters raised in the
1730	certification proceeding before the administrative law judge or
1731	raised in the recommended order. All parties, or their
1732	representatives, or persons who appear before the board shall be
1733	subject to the provisions of s. 120.66.
1734	(3)  In determining whether an application should be
1735	approved in whole, approved with modifications or conditions, or
1736	denied, the board, or secretary when applicable, shall consider
1737	whether, and the extent to which, the location of the electrical
1738	power plant and directly associated facilities and their
1739	construction and operation will:
1740	(a)  Provide reasonable assurance that operational
1741	safeguards are technically sufficient for the public welfare and
1742	protection.
1743	(b)  Comply with applicable nonprocedural requirements of
1744	agencies.
1745	(c)  Be consistent with applicable local government
1746	comprehensive plans and land development regulations.
1747	(d)  Meet the electrical energy needs of the state in an
1748	orderly and timely fashion.
1749	(e)  Provide a reasonable balance between the need for the
1750	facility as established pursuant to s. 403.519, and the impacts
1751	upon air and water quality, fish and wildlife, water resources,
1752	and other natural resources of the state resulting from the
1753	construction and operation of the facility.
1754	(f)  Minimize, through the use of reasonable and available
1755	methods, the adverse effects on human health, the environment,
1756	and the ecology of the land and its wildlife and the ecology of
1757	state waters and their aquatic life.
1758	(g)  Serve and protect the broad interests of the public.
1759	(3)  Within 30 days after issuance of the certification,
1760	the department shall issue and forward to the United States
1761	Environmental Protection Agency a proposed operation permit for
1762	a major source of air pollution and must issue or deny any other
1763	license required pursuant to any federally delegated or approved
1764	permit program. The department's action on the license and its
1765	action on the proposed operation permit for a major source of
1766	air pollution shall be based upon the record and recommended
1767	order of the certification hearing. The department's actions on
1768	a federally required new source review or prevention of
1769	significant deterioration permit shall be based on the record
1770	and recommended order of the certification hearing and of any
1771	other proceeding held in connection with the application for a
1772	new source review or prevention of significant deterioration
1773	permit, on timely public comments received with respect to the
1774	application or preliminary determination for such permit, and on
1775	the provisions of the state implementation plan.
1776	(4)  The department's action on a federally required new
1777	source review or prevention of significant deterioration permit
1778	shall differ from the actions taken by the siting board
1779	regarding the certification if the federally approved state
1780	implementation plan requires such a different action to be taken
1781	by the department. Nothing in this part shall be construed to
1782	displace the department's authority as the final permitting
1783	entity under the federally approved permit program. Nothing in
1784	this part shall be construed to authorize the issuance of a new
1785	source review or prevention of significant deterioration permit
1786	which does not conform to the requirements of the federally
1787	approved state implementation plan. Any final operation permit
1788	for a major source of air pollution must be issued in accordance
1789	with the provisions of s. 403.0872. Unless the federally
1790	delegated or approved permit program provides otherwise,
1791	licenses issued by the department under this subsection shall be
1792	effective for the term of the certification issued by the board.
1793	If renewal of any license issued by the department pursuant to a
1794	federally delegated or approved permit program is required, such
1795	renewal shall not affect the certification issued by the board,
1796	except as necessary to resolve inconsistencies pursuant to s.
1797	403.516(1)(a).
1798	(5)(4)  In regard to the properties and works of any agency
1799	which is a party to the certification hearing, the board shall
1800	have the authority to decide issues relating to the use, the
1801	connection thereto, or the crossing thereof, for the electrical
1802	power plant and directly associated facilities site and to
1803	direct any such agency to execute, within 30 days after the
1804	entry of certification, the necessary license or easement for
1805	such use, connection, or crossing, subject only to the
1806	conditions set forth in such certification. However, the
1807	applicant shall seek any necessary interest in state lands the
1808	title to which is vested in the Board of Trustees of the
1809	Internal Improvement Trust Fund from the Board of Trustees or
1810	from the governing board of the water management district
1811	created pursuant to chapter 373 before, during, or after the
1812	certification proceeding, and certification may be made
1813	contingent upon issuance of the appropriate interest. Neither
1814	the applicant nor any party to the certification proceeding may
1815	directly or indirectly raise or relitigate any matter that was
1816	or could have been an issue in the certification proceeding in
1817	any proceeding before the Board of Trustees of the Internal
1818	Improvement Trust Fund wherein the applicant is seeking
1819	necessary interest in state lands, but the information presented
1820	in the certification proceeding shall be available for review by
1821	the Board of Trustees and its staff.
1822	(6)(5)  Except as specified in subsection (4) for the
1823	issuance of any operation permit for a major source of air
1824	pollution pursuant to s. 403.0872, the issuance or denial of the
1825	certification by the board or secretary of the department and
1826	the issuance or denial of any related department license
1827	required pursuant to any federally delegated or approved permit
1828	program shall be the final administrative action required as to
1829	that application.
1830	(6)  All certified electrical power plants must apply for
1831	and obtain a major source air-operation permit pursuant to s.
1832	403.0872. Major source air-operation permit applications for
1833	certified electrical power plants must be submitted pursuant to
1834	a schedule developed by the department. To the extent that any
1835	conflicting provision, limitation, or restriction under any
1836	rule, regulation, or ordinance imposed by any political
1837	subdivision of the state, or by any local pollution control
1838	program, was superseded during the certification process
1839	pursuant to s. 403.510(1), such rule, regulation, or ordinance
1840	shall continue to be superseded for purposes of the major source
1841	air-operation permit program under s. 403.0872.
1842	Section 31.  Section 403.511, Florida Statutes, is amended
1843	to read:
1844	403.511  Effect of certification.--
1845	(1)  Subject to the conditions set forth therein, any
1846	certification signed by the Governor shall constitute the sole
1847	license of the state and any agency as to the approval of the
1848	site and the construction and operation of the proposed
1849	electrical power plant, except for the issuance of department
1850	licenses required under any federally delegated or approved
1851	permit program and except as otherwise provided in subsection
1852	(4).
1853	(2)(a)  The certification shall authorize the licensee
1854	applicant named therein to construct and operate the proposed
1855	electrical power plant, subject only to the conditions of
1856	certification set forth in such certification, and except for
1857	the issuance of department licenses or permits required under
1858	any federally delegated or approved permit program.
1859	(b)1.  Except as provided in subsection (4), the
1860	certification may include conditions which constitute variances,
1861	exemptions, or exceptions from nonprocedural requirements of the
1862	department or any agency which were expressly considered during
1863	the proceeding, including, but not limited to, any site specific
1864	criteria, standards, or limitations under local land use and
1865	zoning approvals which affect the proposed electrical power
1866	plant or its site, unless waived by the agency as provided below
1867	and which otherwise would be applicable to the construction and
1868	operation of the proposed electrical power plant.
1869	2.  No variance, exemption, exception, or other relief
1870	shall be granted from a state statute or rule for the protection
1871	of endangered or threatened species, aquatic preserves,
1872	Outstanding National Resource Waters, or Outstanding Florida
1873	Waters or for the disposal of hazardous waste, except to the
1874	extent authorized by the applicable statute or rule or except
1875	upon a finding in the certification order by the siting board
1876	that the public interests set forth in s. 403.509(3) 403.502 in
1877	certifying the electrical power plant at the site proposed by
1878	the applicant overrides the public interest protected by the
1879	statute or rule from which relief is sought. Each party shall
1880	notify the applicant and other parties at least 60 days prior to
1881	the certification hearing of any nonprocedural requirements not
1882	specifically listed in the application from which a variance,
1883	exemption, exception, or other relief is necessary in order for
1884	the board to certify any electrical power plant proposed for
1885	certification. Failure of such notification by an agency shall
1886	be treated as a waiver from nonprocedural requirements of the
1887	department or any other agency. However, no variance shall be
1888	granted from standards or regulations of the department
1889	applicable under any federally delegated or approved permit
1890	program, except as expressly allowed in such program.
1891	(3)  The certification and any order on land use and zoning
1892	issued under this act shall be in lieu of any license, permit,
1893	certificate, or similar document required by any state,
1894	regional, or local agency pursuant to, but not limited to,
1895	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
1896	chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
1897	chapter 380, chapter 381, chapter 387, chapter 403, except for
1898	permits issued pursuant to any federally delegated or approved
1899	permit program s. 403.0885 and except as provided in s.
1900	403.509(3) and (6), chapter 404, or the Florida Transportation
1901	Code, or 33 U.S.C. s. 1341.
1902	(4)  This act shall not affect in any way the ratemaking
1903	powers of the Public Service Commission under chapter 366; nor
1904	shall this act in any way affect the right of any local
1905	government to charge appropriate fees or require that
1906	construction be in compliance with applicable building
1907	construction codes.
1908	(5)(a)  An electrical power plant certified pursuant to
1909	this act shall comply with rules adopted by the department
1910	subsequent to the issuance of the certification which prescribe
1911	new or stricter criteria, to the extent that the rules are
1912	applicable to electrical power plants. Except when express
1913	variances, exceptions, exemptions, or other relief have been
1914	granted, subsequently adopted rules which prescribe new or
1915	stricter criteria shall operate as automatic modifications to
1916	certifications.
1917	(b)  Upon written notification to the department, any
1918	holder of a certification issued pursuant to this act may choose
1919	to operate the certified electrical power plant in compliance
1920	with any rule subsequently adopted by the department which
1921	prescribes criteria more lenient than the criteria required by
1922	the terms and conditions in the certification which are not
1923	site-specific.
1924	(c)  No term or condition of certification shall be
1925	interpreted to preclude the postcertification exercise by any
1926	party of whatever procedural rights it may have under chapter
1927	120, including those related to rulemaking proceedings. This
1928	subsection shall apply to previously issued certifications.
1929	(6)  No term or condition of a site certification shall be
1930	interpreted to supersede or control the provisions of a final
1931	operation permit for a major source of air pollution issued by
1932	the department pursuant to s. 403.0872 to a such facility
1933	certified under this part.
1934	(7)  Pursuant to s. 380.23, electrical power plants are
1935	subject to the federal coastal consistency review program.
1936	Issuance of certification shall constitute the state's
1937	certification of coastal zone consistency.
1938	Section 32.  Section 403.5112, Florida Statutes, is created
1939	to read:
1940	403.5112  Filing of notice of certified corridor route.--
1941	(1)  Within 60 days after certification of a directly
1942	associated linear facility pursuant to this act, the applicant
1943	shall file, in accordance with s. 28.222, with the department
1944	and the clerk of the circuit court for each county through which
1945	the corridor will pass, a notice of the certified route.
1946	(2)  The notice shall consist of maps or aerial photographs
1947	in the scale of 1:24,000 which clearly show the location of the
1948	certified route and shall state that the certification of the
1949	corridor will result in the acquisition of rights-of-way within
1950	the corridor. Each clerk shall record the filing in the official
1951	record of the county for the duration of the certification or
1952	until such time as the applicant certifies to the department and
1953	the clerk that all lands required for the transmission line
1954	rights-of-way within the corridor have been acquired within such
1955	county, whichever is sooner.
1956	Section 33.  Section 403.5113, Florida Statutes, is created
1957	to read:
1958	403.5113  Postcertification amendments.--
1959	(1)  If, subsequent to certification by the board, a
1960	licensee proposes any material change to the application and
1961	revisions or amendments thereto, as certified, the licensee
1962	shall submit a written request for amendment and a description
1963	of the proposed change to the application to the department.
1964	Within 30 days after the receipt of the request for the
1965	amendment, the department shall determine whether the proposed
1966	change to the application requires a modification of the
1967	conditions of certification.
1968	(2)  If the department concludes that the change would not
1969	require a modification of the conditions of certification, the
1970	department shall provide written notification of the approval of
1971	the proposed amendment to the licensee, all agencies, and all
1972	other parties.
1973	(3)  If the department concludes that the change would
1974	require a modification of the conditions of certification, the
1975	department shall provide written notification to the licensee
1976	that the proposed change to the application requires a request
1977	for modification pursuant to s. 403.516.
1978	Section 34.  Section 403.5115, Florida Statutes, is amended
1979	to read:
1980	403.5115  Public notice; costs of proceeding.--
1981	(1)  The following notices are to be published by the
1982	applicant:
1983	(a)  Notice A notice of the filing of a notice of intent
1984	under s. 403.5063, which shall be published within 21 days after
1985	the filing of the notice. The notice shall be published as
1986	specified by subsection (2), except that the newspaper notice
1987	shall be one-fourth page in size in a standard size newspaper or
1988	one-half page in size in a tabloid size newspaper.
1989	(b)  Notice A notice of filing of the application, which
1990	shall include a description of the proceedings required by this
1991	act, within 21 days after the date of the application filing be
1992	published as specified in subsection (2), within 15 days after
1993	the application has been determined complete. Such notice shall
1994	give notice of the provisions of s. 403.511(1) and (2) and that
1995	the application constitutes a request for a federally required
1996	new source review or prevention of significant deterioration
1997	permit.
1998	(c)  Notice of the land use determination made pursuant to
1999	s. 403.50665(1) within 15 days after the determination is filed.
2000	(d)  Notice of the land use hearing, which shall be
2001	published as specified in subsection (2), no later than 15 45
2002	days before the hearing.
2003	(e)(d)  Notice of the certification hearing and notice of
2004	the deadline for filing notice of intent to be a party, which
2005	shall be published as specified in subsection (2), at least 65
2006	days before the date set for the certification no later than 45
2007	days before the hearing.
2008	(f)  Notice of the cancellation of the certification
2009	hearing, if applicable, no later than 3 days before the date of
2010	the originally scheduled certification hearing.
2011	(g)(e)  Notice of modification when required by the
2012	department, based on whether the requested modification of
2013	certification will significantly increase impacts to the
2014	environment or the public. Such notice shall be published as
2015	specified under subsection (2):
2016	1.  Within 21 days after receipt of a request for
2017	modification., except that The newspaper notice shall be of a
2018	size as directed by the department commensurate with the scope
2019	of the modification.
2020	2.  If a hearing is to be conducted in response to the
2021	request for modification, then notice shall be published no
2022	later than 30 days before the hearing provided as specified in
2023	paragraph (d).
2024	(h)(f)  Notice of a supplemental application, which shall
2025	be published as specified in paragraph (b) and subsection
2026	(2).follows:
2027	1.  Notice of receipt of the supplemental application shall
2028	be published as specified in paragraph (b).
2029	2.  Notice of the certification hearing shall be published
2030	as specified in paragraph (d).
2031	(i)  Notice of existing site certification pursuant to s.
2032	403.5175. Notices shall be published as specified in paragraph
2033	(b) and subsection (2).
2034	(2)  Notices provided by the applicant shall be published
2035	in newspapers of general circulation within the county or
2036	counties in which the proposed electrical power plant will be
2037	located. The newspaper notices shall be at least one-half page
2038	in size in a standard size newspaper or a full page in a tabloid
2039	size newspaper and published in a section of the newspaper other
2040	than the legal notices section. These notices shall include a
2041	map generally depicting the project and all associated
2042	facilities corridors. A newspaper of general circulation shall
2043	be the newspaper which has the largest daily circulation in that
2044	county and has its principal office in that county. If the
2045	newspaper with the largest daily circulation has its principal
2046	office outside the county, the notices shall appear in both the
2047	newspaper having the largest circulation in that county and in a
2048	newspaper authorized to publish legal notices in that county.
2049	(3)  All notices published by the applicant shall be paid
2050	for by the applicant and shall be in addition to the application
2051	fee.
2052	(4)  The department shall arrange for publication of the
2053	following notices in the manner specified by chapter 120 and
2054	provide copies of those notices to any persons who have
2055	requested to be placed on the departmental mailing list for this
2056	purpose:
2057	(a)  Notice Publish in the Florida Administrative Weekly
2058	notices of the filing of the notice of intent within 15 days
2059	after receipt of the notice.;
2060	(b)  Notice of the filing of the application, no later than
2061	21 days after the application filing.;
2062	(c)  Notice of the land use determination made pursuant to
2063	s. 403.50665(1) within 15 days after the determination is filed.
2064	(d)  Notice of the land use hearing before the
2065	administrative law judge, if applicable, no later than 15 days
2066	before the hearing.;
2067	(e)  Notice of the land use hearing before the board, if
2068	applicable.
2069	(f)  Notice of the certification hearing at least 45 days
2070	before the date set for the certification hearing.;
2071	(g)  Notice of the cancellation of the certification
2072	hearing, if applicable, no later than 3 days prior to the date
2073	of the originally scheduled certification hearing.
2074	(h)  Notice of the hearing before the board, if
2075	applicable.;
2076	(i)  Notice and of stipulations, proposed agency action, or
2077	petitions for modification.; and
2078	(b)  Provide copies of those notices to any persons who
2079	have requested to be placed on the departmental mailing list for
2080	this purpose.
2081	(5)  The applicant shall pay those expenses and costs
2082	associated with the conduct of the hearings and the recording
2083	and transcription of the proceedings.
2084	Section 35.  Section 403.513, Florida Statutes, is amended
2085	to read:
2086	403.513  Review.--Proceedings under this act shall be
2087	subject to judicial review as provided in chapter 120. When
2088	possible, separate appeals of the certification order issued by
2089	the board and of any department permit issued pursuant to a
2090	federally delegated or approved permit program may shall be
2091	consolidated for purposes of judicial review.
2092	Section 36.  Section 403.516, Florida Statutes, is amended
2093	to read:
2094	403.516  Modification of certification.--
2095	(1)  A certification may be modified after issuance in any
2096	one of the following ways:
2097	(a)  The board may delegate to the department the authority
2098	to modify specific conditions in the certification.
2099	(b)1.  The department may modify specific conditions of a
2100	site certification which are inconsistent with the terms of any
2101	federally delegated or approved final air pollution operation
2102	permit for the certified electrical power plant issued by the
2103	United States Environmental Protection Agency under the terms of
2104	42 U.S.C. s. 7661d.
2105	2.  Such modification may be made without further notice if
2106	the matter has been previously noticed under the requirements
2107	for any federally delegated or approved permit program.
2108	(c)  The licensee may file a petition for modification with
2109	the department, or the department may initiate the modification
2110	upon its own initiative.
2111	1.  A petition for modification must set forth:
2112	a.  The proposed modification.
2113	b.  The factual reasons asserted for the modification.
2114	c.  The anticipated environmental effects of the proposed
2115	modification.
2116	2.(b)  The department may modify the terms and conditions
2117	of the certification if no party to the certification hearing
2118	objects in writing to such modification within 45 days after
2119	notice by mail to such party's last address of record, and if no
2120	other person whose substantial interests will be affected by the
2121	modification objects in writing within 30 days after issuance of
2122	public notice.
2123	3.  If objections are raised or the department denies the
2124	request, the applicant or department may file a request petition
2125	for a hearing on the modification with the department. Such
2126	request shall be handled pursuant to chapter 120 paragraph (c).
2127	(c)  A petition for modification may be filed by the
2128	applicant or the department setting forth:
2129	1.  The proposed modification,
2130	2.  The factual reasons asserted for the modification, and
2131	3.  The anticipated effects of the proposed modification on
2132	the applicant, the public, and the environment.
2133
2134	The petition for modification shall be filed with the department
2135	and the Division of Administrative Hearings.
2136	4.  Requests referred to the Division of Administrative
2137	Hearings shall be disposed of in the same manner as an
2138	application, but with time periods established by the
2139	administrative law judge commensurate with the significance of
2140	the modification requested.
2141	(d)  As required by s. 403.511(5).
2142	(2)  Petitions filed pursuant to paragraph (1)(c) shall be
2143	disposed of in the same manner as an application, but with time
2144	periods established by the administrative law judge commensurate
2145	with the significance of the modification requested.
2146	(2)(3)  Any agreement or modification under this section
2147	must be in accordance with the terms of this act. No
2148	modification to a certification shall be granted that
2149	constitutes a variance from standards or regulations of the
2150	department applicable under any federally delegated or approved
2151	permit program, except as expressly allowed in such program.
2152	Section 37.  Section 403.517, Florida Statutes, is amended
2153	to read:
2154	403.517  Supplemental applications for sites certified for
2155	ultimate site capacity.--
2156	(1)(a)  Supplemental The department shall adopt rules
2157	governing the processing of supplemental applications may be
2158	submitted for certification of the construction and operation of
2159	electrical power plants to be located at sites which have been
2160	previously certified for an ultimate site capacity pursuant to
2161	this act. Supplemental applications shall be limited to
2162	electrical power plants using the fuel type previously certified
2163	for that site. Such applications shall include all new directly
2164	associated facilities that support the construction and
2165	operation of the electrical power plant. The rules adopted
2166	pursuant to this section shall include provisions for:
2167	1.  Prompt appointment of a designated administrative law
2168	judge.
2169	2.  The contents of the supplemental application.
2170	3.  Resolution of disputes as to the completeness and
2171	sufficiency of supplemental applications by the designated
2172	administrative law judge.
2173	4.  Public notice of the filing of the supplemental
2174	applications.
2175	5.  Time limits for prompt processing of supplemental
2176	applications.
2177	6.  Final disposition by the board within 215 days of the
2178	filing of a complete supplemental application.
2179	(b)  The review shall use the same procedural steps and
2180	notices as for an initial application.
2181	(c)  The time limits for the processing of a complete
2182	supplemental application shall be designated by the department
2183	commensurate with the scope of the supplemental application, but
2184	shall not exceed any time limitation governing the review of
2185	initial applications for site certification pursuant to this
2186	act, it being the legislative intent to provide shorter time
2187	limitations for the processing of supplemental applications for
2188	electrical power plants to be constructed and operated at sites
2189	which have been previously certified for an ultimate site
2190	capacity.
2191	(d)(c)  Any time limitation in this section or in rules
2192	adopted pursuant to this section may be altered pursuant to s.
2193	403.5095 by the designated administrative law judge upon
2194	stipulation between the department and the applicant, unless
2195	objected to by any party within 5 days after notice, or for good
2196	cause shown by any party. The parties to the proceeding shall
2197	adhere to the provisions of chapter 120 and this act in
2198	considering and processing such supplemental applications.
2199	(2)  Supplemental applications shall be reviewed as
2200	provided in ss. 403.507-403.511, except that the time limits
2201	provided in this section shall apply to such supplemental
2202	applications.
2203	(3)  The land use and zoning consistency determination of
2204	s. 403.50665 hearing requirements of s. 403.508(1) and (2) shall
2205	not be applicable to the processing of supplemental applications
2206	pursuant to this section so long as:
2207	(a)  The previously certified ultimate site capacity is not
2208	exceeded; and
2209	(b)  The lands required for the construction or operation
2210	of the electrical power plant which is the subject of the
2211	supplemental application are within the boundaries of the
2212	previously certified site.
2213	(4)  For the purposes of this act, the term "ultimate site
2214	capacity" means the maximum generating capacity for a site as
2215	certified by the board.
2216	Section 38.  Section 403.5175, Florida Statutes, is amended
2217	to read:
2218	403.5175  Existing electrical power plant site
2219	certification.--
2220	(1)  An electric utility that owns or operates an existing
2221	electrical power plant as defined in s. 403.503(12) may apply
2222	for certification of an existing power plant and its site in
2223	order to obtain all agency licenses necessary to ensure assure
2224	compliance with federal or state environmental laws and
2225	regulation using the centrally coordinated, one-stop licensing
2226	process established by this part. An application for site
2227	certification under this section must be in the form prescribed
2228	by department rule. Applications must be reviewed and processed
2229	using the same procedural steps and notices as for an
2230	application for a new facility in accordance with ss. 403.5064-
2231	403.5115, except that a determination of need by the Public
2232	Service Commission is not required.
2233	(2)  An application for certification under this section
2234	must include:
2235	(a)  A description of the site and existing power plant
2236	installations;
2237	(b)  A description of all proposed changes or alterations
2238	to the site or electrical power plant, including all new
2239	associated facilities that are the subject of the application;
2240	(c)  A description of the environmental and other impacts
2241	caused by the existing utilization of the site and directly
2242	associated facilities, and the operation of the electrical power
2243	plant that is the subject of the application, and of the
2244	environmental and other benefits, if any, to be realized as a
2245	result of the proposed changes or alterations if certification
2246	is approved and such other information as is necessary for the
2247	reviewing agencies to evaluate the proposed changes and the
2248	expected impacts;
2249	(d)  The justification for the proposed changes or
2250	alterations;
2251	(e)  Copies of all existing permits, licenses, and
2252	compliance plans authorizing utilization of the site and
2253	directly associated facilities or operation of the electrical
2254	power plant that is the subject of the application.
2255	(3)  The land use and zoning determination hearing
2256	requirements of s. 403.50665 s. 403.508(1) and (2) do not apply
2257	to an application under this section if the applicant does not
2258	propose to expand the boundaries of the existing site. If the
2259	applicant proposes to expand the boundaries of the existing site
2260	to accommodate portions of the plant or associated facilities, a
2261	land use and zoning determination shall be made hearing must be
2262	held as specified in s. 403.50665 s. 403.508(1) and (2);
2263	provided, however, that the sole issue for determination through
2264	the land use hearing is whether the proposed site expansion is
2265	consistent and in compliance with the existing land use plans
2266	and zoning ordinances.
2267	(4)  In considering whether an application submitted under
2268	this section should be approved in whole, approved with
2269	appropriate conditions, or denied, the board shall consider
2270	whether, and to the extent to which the proposed changes to the
2271	electrical power plant and its continued operation under
2272	certification will:
2273	(a)  Comply with the provisions of s. 403.509(3).
2274	applicable nonprocedural requirements of agencies;
2275	(b)  Result in environmental or other benefits compared to
2276	current utilization of the site and operations of the electrical
2277	power plant if the proposed changes or alterations are
2278	undertaken.;
2279	(c)  Minimize, through the use of reasonable and available
2280	methods, the adverse effects on human health, the environment,
2281	and the ecology of the land and its wildlife and the ecology of
2282	state waters and their aquatic life; and
2283	(d)  Serve and protect the broad interests of the public.
2284	(5)  An applicant's failure to receive approval for
2285	certification of an existing site or an electrical power plant
2286	under this section is without prejudice to continued operation
2287	of the electrical power plant or site under existing agency
2288	licenses.
2289	Section 39.  Section 403.518, Florida Statutes, is amended
2290	to read:
2291	403.518  Fees; disposition.--
2292	(1)  The department shall charge the applicant the
2293	following fees, as appropriate, which, unless otherwise
2294	specified, shall be paid into the Florida Permit Fee Trust Fund:
2295	(1)(a)  A fee for a notice of intent pursuant to s.
2296	403.5063, in the amount of $2,500, to be submitted to the
2297	department at the time of filing of a notice of intent. The
2298	notice-of-intent fee shall be used and disbursed in the same
2299	manner as the application fee.
2300	(2)(b)  An application fee, which shall not exceed
2301	$200,000. The fee shall be fixed by rule on a sliding scale
2302	related to the size, type, ultimate site capacity, or increase
2303	in electrical generating capacity proposed by the application,
2304	or the number and size of local governments in whose
2305	jurisdiction the electrical power plant is located.
2306	(a)1.  Sixty percent of the fee shall go to the department
2307	to cover any costs associated with coordinating the review
2308	reviewing and acting upon the application, to cover any field
2309	services associated with monitoring construction and operation
2310	of the facility, and to cover the costs of the public notices
2311	published by the department.
2312	(b)2.  The following percentages Twenty percent of the fee
2313	or $25,000, whichever is greater, shall be transferred to the
2314	Administrative Trust Fund of the Division of Administrative
2315	Hearings of the Department of Management Services:.
2316	1.  Five percent to compensate expenses from the initial
2317	exercise of duties associated with the filing of an application.
2318	2.  An additional 5 percent if a land use hearing is held
2319	pursuant to s. 403.508.
2320	3.  An additional 10 percent if a certification hearing is
2321	held pursuant to s. 403.508.
2322	(c)1.3.  Upon written request with proper itemized
2323	accounting within 90 days after final agency action by the board
2324	or withdrawal of the application, the agencies that prepared
2325	reports pursuant to s. 403.507 or participated in a hearing
2326	pursuant to s. 403.508 may submit a written request to the
2327	department for reimbursement of expenses incurred during the
2328	certification proceedings. The request shall contain an
2329	accounting of expenses incurred which may include time spent
2330	reviewing the application, the department shall reimburse the
2331	Department of Community Affairs, the Fish and Wildlife
2332	Conservation Commission, and any water management district
2333	created pursuant to chapter 373, regional planning council, and
2334	local government in the jurisdiction of which the proposed
2335	electrical power plant is to be located, and any other agency
2336	from which the department requests special studies pursuant to
2337	s. 403.507(2)(a)7. Such reimbursement shall be authorized for
2338	the preparation of any studies required of the agencies by this
2339	act, and for agency travel and per diem to attend any hearing
2340	held pursuant to this act, and for any agency or local
2341	government's provision of notice of public meetings or hearings
2342	required as a result of the application for certification
2343	governments to participate in the proceedings. The department
2344	shall review the request and verify that the expenses are valid.
2345	Valid expenses shall be reimbursed; however, in the event the
2346	amount of funds available for reimbursement allocation is
2347	insufficient to provide for full compensation complete
2348	reimbursement to the agencies requesting reimbursement,
2349	reimbursement shall be on a prorated basis.
2350	2.  If the application review is held in abeyance for more
2351	than 1 year, the agencies may submit a request for
2352	reimbursement.
2353	(d)4.  If any sums are remaining, the department shall
2354	retain them for its use in the same manner as is otherwise
2355	authorized by this act; provided, however, that if the
2356	certification application is withdrawn, the remaining sums shall
2357	be refunded to the applicant within 90 days after withdrawal.
2358	(3)(a)(c)  A certification modification fee, which shall
2359	not exceed $30,000. The department shall establish rules for
2360	determining such a fee based on the equipment redesign, change
2361	in site size, type, increase in generating capacity proposed, or
2362	change in an associated linear facility location.
2363	(b)  The fee shall be submitted to the department with a
2364	formal petition for modification to the department pursuant to
2365	s. 403.516. This fee shall be established, disbursed, and
2366	processed in the same manner as the application fee in
2367	subsection (2) paragraph (b), except that the Division of
2368	Administrative Hearings shall not receive a portion of the fee
2369	unless the petition for certification modification is referred
2370	to the Division of Administrative Hearings for hearing. If the
2371	petition is so referred, only $10,000 of the fee shall be
2372	transferred to the Administrative Trust Fund of the Division of
2373	Administrative Hearings of the Department of Management
2374	Services. The fee for a modification by agreement filed pursuant
2375	to s. 403.516(1)(b) shall be $10,000 to be paid upon the filing
2376	of the request for modification. Any sums remaining after
2377	payment of authorized costs shall be refunded to the applicant
2378	within 90 days of issuance or denial of the modification or
2379	withdrawal of the request for modification.
2380	(4)(d)  A supplemental application fee, not to exceed
2381	$75,000, to cover all reasonable expenses and costs of the
2382	review, processing, and proceedings of a supplemental
2383	application. This fee shall be established, disbursed, and
2384	processed in the same manner as the certification application
2385	fee in subsection (2) paragraph (b), except that only $20,000 of
2386	the fee shall be transferred to the Administrative Trust Fund of
2387	the Division of Administrative Hearings of the Department of
2388	Management Services.
2389	(5)(e)  An existing site certification application fee, not
2390	to exceed $200,000, to cover all reasonable costs and expenses
2391	of the review processing and proceedings for certification of an
2392	existing power plant site under s. 403.5175. This fee must be
2393	established, disbursed, and processed in the same manner as the
2394	certification application fee in subsection (2) paragraph (b).
2395	(2)  Effective upon the date commercial operation begins,
2396	the operator of an electrical power plant certified under this
2397	part is required to pay to the department an annual operation
2398	license fee as specified in s. 403.0872(11) to be deposited in
2399	the Air Pollution Control Trust Fund.
2400	Section 40.  Any application for electrical power plant
2401	certification filed pursuant to ss. 403.501-403.518, Florida
2402	Statutes, shall be processed under the provisions of the law
2403	applicable at the time the application was filed, except that
2404	the provisions relating to cancellation of the certification
2405	hearing under s. 403.508(6), Florida Statutes, the provisions
2406	relating to the final disposition of the application and
2407	issuance of the written order by the secretary under s.
2408	403.509(1)(a), Florida Statutes, and notice of the cancellation
2409	of the certification hearing under s. 403.5115, Florida
2410	Statutes, may apply to any application for electrical power
2411	plant certification.
2412	Section 41.  Section 403.519, Florida Statutes, is amended
2413	to read:
2414	403.519  Exclusive forum for determination of need.--
2415	(1)  On request by an applicant or on its own motion, the
2416	commission shall begin a proceeding to determine the need for an
2417	electrical power plant subject to the Florida Electrical Power
2418	Plant Siting Act.
2419	(2)  The applicant commission shall publish a notice of the
2420	proceeding in a newspaper of general circulation in each county
2421	in which the proposed electrical power plant will be located.
2422	The notice shall be at least one-quarter of a page and published
2423	at least 21 45 days prior to the scheduled date for the
2424	proceeding. The commission shall publish notice of the
2425	proceeding in the manner specified by chapter 120 at least 21
2426	days prior to the scheduled date for the proceeding.
2427	(3)  The commission shall be the sole forum for the
2428	determination of this matter, which accordingly shall not be
2429	raised in any other forum or in the review of proceedings in
2430	such other forum. In making its determination, the commission
2431	shall take into account the need for electric system reliability
2432	and integrity, the need for adequate electricity at a reasonable
2433	cost, the need for fuel diversity and supply reliability, and
2434	whether the proposed plant is the most cost-effective
2435	alternative available. The commission shall also expressly
2436	consider the conservation measures taken by or reasonably
2437	available to the applicant or its members which might mitigate
2438	the need for the proposed plant and other matters within its
2439	jurisdiction which it deems relevant. The commission's
2440	determination of need for an electrical power plant shall create
2441	a presumption of public need and necessity and shall serve as
2442	the commission's report required by s. 403.507(4)
2443	403.507(2)(a)2. An order entered pursuant to this section
2444	constitutes final agency action.
2445	Section 42.  This act shall take effect upon becoming a
2446	law.

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