HB 1473

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
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; requiring the Department of Environmental
16	Protection to adopt rules and coordinate with the
17	Department of Agriculture and Consumer Services; requiring
18	joint departmental approval for the funding of any
19	project; creating s. 377.805, F.S.; establishing an
20	energy-efficient products sales tax holiday; specifying a
21	period during which the sale of energy-efficient products
22	is exempt from certain tax; providing a limitation;
23	providing a definition; prohibiting purchase of products
24	by certain payment methods; providing that certain
25	purchases or attempts to purchase are unfair methods of
26	competition and punishable as such; creating s. 377.806,
27	F.S.; creating the Solar Energy System Incentives Program;
28	providing program requirements, procedures, and
29	limitations; requiring the Department of Environmental
30	Protection to adopt rules; creating s. 377.901, F.S.;
31	creating the Florida Energy Council within the Department
32	of Environmental Protection; providing purpose and
33	composition; providing for appointment of members and
34	terms; providing for reimbursement for travel expenses and
35	per diem; requiring the department to provide certain
36	services to the council; providing rulemaking authority;
37	amending s. 212.08, F.S.; providing definitions for the
38	terms "biodiesel," "ethanol," and "hydrogen fuel cells";
39	providing tax exemptions in the form of a rebate for the
40	sale or use of certain equipment, machinery, and other
41	materials for renewable energy technologies; providing
42	eligibility requirements and tax credit limits; directing
43	the Department of Revenue to adopt rules; directing the
44	Department of Environmental Protection to determine and
45	publish certain information relating to such exemptions;
46	providing for expiration of the exemption; amending s.
47	213.053, F.S.; authorizing the Department of Revenue to
48	share certain information with the Department of
49	Environmental Protection for specified purposes; amending
50	s. 220.02, F.S.; providing the order of application of the
51	renewable energy technologies investment tax credit;
52	creating s. 220.192, F.S.; providing definitions;
53	establishing a corporate tax credit for certain costs
54	related to renewable energy technologies; providing
55	eligibility requirements and credit limits; providing
56	certain authority to the Department of Environmental
57	Protection and the Department of Revenue; directing the
58	Department of Environmental Protection to determine and
59	publish certain information; providing for expiration of
60	the tax credit; amending s. 220.13, F.S.; providing an
61	addition to the definition of "adjusted federal income";
62	amending s. 186.801, F.S.; revising the provisions of
63	electric utility 10-year site plans to include the effect
64	on fuel diversity; amending s. 366.04, F.S.; revising the
65	safety standards for public utilities; amending s. 366.05,
66	F.S.; authorizing the Public Service Commission to adopt
67	certain construction standards and make certain
68	determinations; directing the commission to conduct a
69	study and provide a report by a certain date; amending s.
70	403.503, F.S.; revising and providing definitions
71	applicable to the Florida Electrical Power Plant Siting
72	Act; amending s. 403.504, F.S.; providing the Department
73	of Environmental Protection with additional powers and
74	duties relating to the Florida Electrical Power Plant
75	Siting Act; amending s. 403.5055, F.S.; revising
76	provisions for certain permits associated with
77	applications for electrical power plant certification;
78	amending s. 403.506, F.S.; revising provisions relating to
79	applicability and certification of certain power plants;
80	amending s. 403.5064, F.S.; revising provisions for
81	distribution of applications and schedules relating to
82	certification; amending s. 403.5065, F.S.; revising
83	provisions relating to the appointment of administrative
84	law judges and specifying their powers and duties;
85	amending s. 403.5066, F.S.; revising provisions relating
86	to the determination of completeness for certain
87	applications; creating s. 403.50663, F.S.; authorizing
88	certain local governments and regional planning councils
89	to hold an informational public meeting about a proposed
90	electrical power plant or associated facilities; providing
91	requirements and procedures therefor; creating s.
92	403.50665, F.S.; requiring local governments to file
93	certain land use determinations; providing requirements
94	and procedures therefor; repealing s. 403.5067, F.S.,
95	relating to the determination of sufficiency for certain
96	applications; amending s. 403.507, F.S.; revising required
97	preliminary statement provisions for affected agencies;
98	requiring a report as a condition precedent to the project
99	analysis and certification hearing; amending s. 403.508,
100	F.S.; revising provisions relating to land use and
101	certification hearings, including cancellation and
102	responsibility for payment of expenses and costs;
103	requiring certain notice; amending s. 403.509, F.S.;
104	revising provisions relating to the final disposition of
105	certain applications; providing requirements and
106	provisions with respect thereto; amending s. 403.511,
107	F.S.; revising provisions relating to the effect of
108	certification for the construction and operation of
109	proposed electrical power plants; providing that issuance
110	of certification meets certain coastal zone consistency
111	requirements; creating s. 403.5112, F.S.; requiring filing
112	of notice for certified corridor routes; providing
113	requirements and procedures with respect thereto; creating
114	s. 403.5113, F.S.; authorizing postcertification
115	amendments for power plant site certification
116	applications; providing requirements and procedures with
117	respect thereto; amending s. 403.5115, F.S.; requiring
118	certain public notice for activities relating to
119	electrical power plant site application, certification,
120	and land use determination; providing requirements and
121	procedures with respect thereto; directing the Department
122	of Environmental Protection to maintain certain lists and
123	provide copies of certain publications; amending s.
124	403.513, F.S.; revising provisions for judicial review of
125	appeals relating to electrical power plant site
126	certification; amending s. 403.516, F.S.; revising
127	provisions relating to modification of certification for
128	electrical power plant sites; amending s. 403.517, F.S.;
129	revising provisions relating to supplemental applications
130	for sites certified for ultimate site capacity; amending
131	s. 403.5175, F.S.; revising provisions relating to
132	existing electrical power plant site certification;
133	revising the procedure for reviewing and processing
134	applications; requiring additional information to be
135	included in certain applications; amending s. 403.518,
136	F.S.; revising the allocation of proceeds from certain
137	fees collected; providing for reimbursement of certain
138	expenses; directing the Department of Environmental
139	Protection to establish rules for determination of certain
140	fees; eliminating certain operational license fees;
141	providing for the application, processing, approval, and
142	cancellation of electrical power plant certification;
143	amending s. 403.519, F.S.; directing the Public Service
144	Commission to consider fuel diversity and reliability in
145	certain determinations; amending 403.885, F.S.; revising
146	provisions and requirements relating to the stormwater
147	management, wastewater management, and water restoration
148	grants program; providing an appropriation; providing an
149	effective date.
150
151	Be It Enacted by the Legislature of the State of Florida:
152
153	Section 1.  Legislative findings and intent.--The
154	Legislature finds that advancing the development of renewable
155	energy technologies and energy efficiency is important for the
156	state's future, its energy stability, and the protection of its
157	citizens' public health and its environment. The Legislature
158	finds that the development of renewable energy technologies and
159	energy efficiency in the state will help to reduce demand for
160	foreign fuels, promote energy diversity, enhance system
161	reliability, reduce pollution, educate the public on the promise
162	of renewable energy technologies, and promote economic growth.
163	The Legislature finds that there is a need to assist in the
164	development of market demand that will advance the
165	commercialization and widespread application of renewable energy
166	technologies. The Legislature further finds that the state is
167	ideally positioned to stimulate economic development through
168	such renewable energy technologies due to its ongoing and
169	successful research and development track record in these areas,
170	an abundance of natural and renewable energy sources, an ability
171	to attract significant federal research and development funds,
172	and the need to find and secure renewable energy technologies
173	for the benefit of its citizens, visitors, and environment.
174	Section 2.  Section 377.801, Florida Statutes, is created
175	to read:
176	377.801  Short title.--Sections 377.801-377.806 may be
177	cited as the "Florida Renewable Energy Technologies and Energy
178	Efficiency Act."
179	Section 3.  Section 377.802, Florida Statutes, is created
180	to read:
181	377.802  Purpose.--This act is intended to provide matching
182	grants to stimulate capital investment in the state and to
183	enhance the market for and promote the statewide utilization of
184	renewable energy technologies. The targeted grants program is
185	designed to advance the already growing establishment of
186	renewable energy technologies in the state and encourage the use
187	of other incentives such as tax exemptions and regulatory
188	certainty to attract additional renewable energy technology
189	producers, developers, and users to the state. This act is also
190	intended to provide incentives for the purchase of energy-
191	efficient appliances and rebates for solar energy equipment
192	installations for residential and commercial buildings.
193	Section 4.  Section 377.803, Florida Statutes, is created
194	to read:
195	377.803  Definitions.--As used in ss. 377.801-377.806, the
196	term:
197	(1)  "Act" means the Florida Renewable Energy Technologies
198	and Energy Efficiency Act.
199	(2)  "Approved metering equipment" means a device capable
200	of measuring the energy output of a solar thermal system that
201	has been approved by the commission.
202	(3)  "Commission" means the Florida Public Service
203	Commission.
204	(4)  "Department" means the Department of Environmental
205	Protection.
206	(5)  "Person" means an individual, partnership, joint
207	venture, private or public corporation, association, firm,
208	public service company, or any other public or private entity.
209	(6)  "Renewable energy" means electrical, mechanical, or
210	thermal energy produced from a method that uses one or more of
211	the following fuels or energy sources: hydrogen, biomass, solar
212	energy, geothermal energy, wind energy, ocean energy, waste
213	heat, or hydroelectric power.
214	(7)  "Renewable energy technology" means any technology
215	that generates or utilizes a renewable energy resource.
216	(8)  "Solar energy system" means equipment that provides
217	for the collection and use of incident solar energy for water
218	heating, space heating or cooling, or other applications that
219	require a conventional source of energy such as petroleum
220	products, natural gas, or electricity that performs primarily
221	with solar energy. In other systems in which solar energy is
222	used in a supplemental way, only those components that collect
223	and transfer solar energy shall be included in this definition.
224	(9)  "Solar photovoltaic system" means a device that
225	converts incident sunlight into electrical current.
226	(10)  "Solar thermal system" means a device that traps heat
227	from incident sunlight in order to heat water.
228	Section 5.  Section 377.804, Florida Statutes, is created
229	to read:
230	377.804  Renewable Energy Technologies Grants Program.--
231	(1)  The Renewable Energy Technologies Grants Program is
232	established within the department to provide renewable energy
233	matching grants for demonstration, commercialization, research,
234	and development projects relating to renewable energy
235	technologies.
236	(2)  Matching grants for renewable energy technology
237	demonstration, commercialization, research, and development
238	projects may be made to any of the following:
239	(a)  Municipalities and county governments.
240	(b)  Established for-profit companies licensed to do
241	business in the state.
242	(c)  Universities and colleges in the state.
243	(d)  Utilities located and operating within the state.
244	(e)  Not-for-profit organizations.
245	(f)  Other qualified persons, as determined by the
246	department.
247	(3)  The department may adopt rules pursuant to ss.
248	120.536(1) and 120.54 to provide for application requirements,
249	provide for ranking of applications, and administer the awarding
250	of grants under this program.
251	(4)  Factors the department shall consider in awarding
252	grants include, but are not limited to:
253	(a)  The availability of matching funds or other in-kind
254	contributions applied to the total project from an applicant.
255	The department shall give greater preference to projects that
256	provide such matching funds or other in-kind contributions.
257	(b)  The degree to which the project stimulates in-state
258	capital investment and economic development in metropolitan and
259	rural areas, including the creation of jobs and the future
260	development of a commercial market for renewable energy
261	technologies.
262	(c)  The extent to which the proposed project has been
263	demonstrated to be technically feasible based on pilot project
264	demonstrations, laboratory testing, scientific modeling, or
265	engineering or chemical theory that supports the proposal.
266	(d)  The degree to which the project incorporates an
267	innovative new technology or an innovative application of an
268	existing technology.
269	(e)  The degree to which a project generates thermal,
270	mechanical, or electrical energy by means of a renewable energy
271	resource that has substantial long-term production potential.
272	(f)  The degree to which a project demonstrates efficient
273	use of energy and material resources.
274	(g)  The degree to which the project fosters overall
275	understanding and appreciation of renewable energy technologies.
276	(h)  The ability to administer a complete project.
277	(i)  Project duration and timeline for expenditures.
278	(j)  The geographic area in which the project is to be
279	conducted in relation to other projects.
280	(k)  The degree of public visibility and interaction.
281	(5)  The department shall solicit the expertise of other
282	state agencies in evaluating project proposals. State agencies
283	shall cooperate with the Department of Environmental Protection
284	and provide such assistance as required.
285	(6)  The department shall coordinate and actively consult
286	with the Department of Agriculture and Consumer Services during
287	the review and approval process of grants relating to bioenergy
288	projects for renewable energy technology, and the departments
289	shall jointly determine the grant awards to these bioenergy
290	projects. No grant funding shall be awarded to any bioenergy
291	project without such joint approval. Factors for consideration
292	in awarding grants may include, but are not limited to, the
293	degree to which:
294	(a)  The project stimulates in-state capital investment and
295	economic development in metropolitan and rural areas, including
296	the creation of jobs and the future development of a commercial
297	market for bioenergy.
298	(b)  The project produces bioenergy from Florida-grown
299	crops or biomass.
300	(c)  The project demonstrates efficient use of energy and
301	material resources.
302	(d)  The project fosters overall understanding and
303	appreciation of bioenergy technologies.
304	(e)  Matching funds and in-kind contributions from an
305	applicant are available.
306	(f)  The project duration and the timeline for expenditures
307	are acceptable.
308	(g)  The project has a reasonable assurance of enhancing
309	the value of agricultural products or will expand agribusiness
310	in the state.
311	(h)  Preliminary market and feasibility research has been
312	conducted by the applicant or others and shows there is a
313	reasonable assurance of a potential market.
314	Section 6.  Section 377.805, Florida Statutes, is created
315	to read:
316	377.805  Energy-efficient products sales tax holiday.--The
317	period from 12:01 a.m., October 5, through midnight, October 11,
318	2006, shall be designated "Energy Efficiency Week," and the tax
319	levied under chapter 212 may not be collected on the sale of a
320	new energy-efficient product having a selling price of $1,500 or
321	less per product during that period. This exemption applies only
322	when the energy-efficient product is purchased for noncommercial
323	home or personal use and does not apply when the product is
324	purchased for trade, business, or resale. As used in this
325	section, the term "energy-efficient product" means a dishwasher,
326	clothes washer, air conditioner, ceiling fan, incandescent or
327	florescent light bulb, dehumidifier, programmable thermostat, or
328	refrigerator that has been designated by the United States
329	Environmental Protection Agency or by the United States
330	Department of Energy as meeting or exceeding the requirements
331	under the Energy Star Program of either agency. Purchases made
332	under this section may not be made using a business or company
333	credit or debit card or check. Any construction company,
334	building contractor, or commercial business or entity that
335	purchases or attempts to purchase the energy-efficient products
336	as exempt under this section commits an unfair method of
337	competition in violation of s. 501.204, punishable as provided
338	in s. 501.2075.
339	Section 7.  Section 377.806, Florida Statutes, is created
340	to read:
341	377.806  Solar Energy System Incentives Program.--
342	(1)  PURPOSE.--The Solar Energy System Incentives Program
343	is established within the department to provide financial
344	incentives for the purchase and installation of solar energy
345	systems. Any resident of the state who purchases and installs a
346	new solar energy system of 2 kilowatts or larger for a solar
347	photovoltaic system, a solar energy system that provides at
348	least 50 percent of a building's hot water consumption for a
349	solar thermal system, or a solar thermal pool heater, from July
350	1, 2006, through June 30, 2010, is eligible for a rebate on a
351	portion of the purchase price of that solar energy system.
352	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
353	(a)  Eligibility requirements.--A solar photovoltaic system
354	qualifies for a rebate if:
355	1.  The system is installed by a state-licensed master
356	electrician, electrical contractor, or solar contractor.
357	2.  The system complies with state interconnection
358	standards as provided by the commission.
359	3.  The system complies with all applicable building codes
360	as defined by the local jurisdictional authority.
361	(b)  Rebate amounts.--The rebate amount shall be set at $4
362	per watt based on the total wattage rating of the system. The
363	maximum allowable rebate per solar photovoltaic system
364	installation shall be as follows:
365	1.  Twenty thousand dollars for a residence.
366	2.  One hundred thousand dollars for a place of business, a
367	publicly owned or operated facility, or a facility owned or
368	operated by a private, not-for-profit organization, including
369	condominiums or apartment buildings.
370	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
371	(a)  Eligibility requirements.--A solar thermal system
372	qualifies for a rebate if:
373	1.  The system is installed by a state-licensed solar or
374	plumbing contractor.
375	2.  The system complies with all applicable building codes
376	as defined by the local jurisdictional authority.
377	(b)  Rebate amounts.--Authorized rebates for installation
378	of solar thermal systems shall be as follows:
379	1.  Five hundred dollars for a residence.
380	2.  Fifteen dollars per 1,000 Btu for a maximum of $5,000
381	for a place of business, a publicly owned or operated facility,
382	or a facility owned or operated by a private, not-for-profit
383	organization, including condominiums or apartment buildings. Btu
384	must be verified by approved metering equipment.
385	(4) SOLAR THERMAL POOL HEATER INCENTIVE.--
386	(a)  Eligibility requirements.--A solar thermal pool heater
387	qualifies for a rebate if the system is installed by a
388	state-licensed solar or plumbing contractor and the system
389	complies with all applicable building codes as defined by the
390	local jurisdictional authority.
391	(b)  Rebate amount.--Authorized rebates for installation of
392	solar thermal pool heaters shall be $100 per installation.
393	(5)  APPLICATION.--Application for a rebate must be made
394	within 90 days after the purchase of the solar energy equipment.
395	(6)  REBATE AVAILABILITY.--The department shall determine
396	and publish on a regular basis the amount of rebate funds
397	remaining in each fiscal year. The total dollar amount of all
398	rebates issued by the department is subject to the total amount
399	of appropriations in any fiscal year for this program. If funds
400	are insufficient during the current fiscal year, any requests
401	for rebates received during that fiscal year may be processed
402	during the following fiscal year. Requests for rebates received
403	in a fiscal year that are processed during the following fiscal
404	year shall be given priority over requests for rebates received
405	during the following fiscal year.
406	(7)  RULES.--The department shall adopt rules pursuant to
407	ss. 120.536(1) and 120.54 to develop rebate applications and
408	administer the issuance of rebates.
409	Section 8.  Section 377.901, Florida Statutes, is created
410	to read:
411	377.901  Florida Energy Council.--
412	(1)  The Florida Energy Council is created within the
413	Department of Environmental Protection to provide advice and
414	counsel to the Governor, the President of the Senate, and the
415	Speaker of the House of Representatives on the energy policy of
416	the state. The council shall advise the state on current and
417	projected energy issues, including, but not limited to,
418	transportation, generation, transmission, distributed
419	generation, fuel supply issues, emerging technologies,
420	efficiency, and conservation. In developing its recommendations,
421	the council shall be guided by the principles of reliability,
422	efficiency, affordability, and diversity.
423	(2)(a)  The council shall be comprised of a diversity of
424	stakeholders and may include utility providers, alternative
425	energy providers, researchers, environmental scientists, fuel
426	suppliers, technology manufacturers, persons representing
427	environmental, consumer, and public health interests, and
428	others.
429	(b)  The council shall consist of nine voting members as
430	follows:
431	1.  The Secretary of Environmental Protection, or his or
432	her designee, who shall serve as chair of the council.
433	2.  The chair of the Public Service Commission, or his or
434	her designee, who shall serve as vice chair of the council.
435	3.  One member shall be the Commissioner of Agriculture, or
436	his or her designee.
437	4.  Two members who shall be appointed by the Governor.
438	5.  Two members who shall be appointed by the President of
439	the Senate.
440	6.  Two members who shall be appointed by the Speaker of
441	the House of Representatives.
442	(c)  All initial members shall be appointed prior to
443	September 1, 2006. Appointments made by the Governor, the
444	President of the Senate, and the Speaker of the House of
445	Representatives shall be for terms of 2 years each. Members
446	shall serve until their successors are appointed. Vacancies
447	shall be filled in the manner of the original appointment for
448	the remainder of the term that is vacated.
449	(d)  Members shall serve without compensation but are
450	entitled to reimbursement for travel expenses and per diem
451	related to council duties and responsibilities pursuant to s.
452	112.061.
453	(3)  The department shall provide primary staff support to
454	the council and shall ensure that council meetings are
455	electronically recorded. Such recording shall be preserved
456	pursuant to chapters 119 and 257.
457	(4)  The department may adopt rules pursuant to ss.
458	120.536(1) and 120.54 to implement the provisions of this
459	section.
460	Section 9.  Paragraph (ccc) is added to subsection (7) of
461	section 212.08, Florida Statutes, to read:
462	212.08  Sales, rental, use, consumption, distribution, and
463	storage tax; specified exemptions.--The sale at retail, the
464	rental, the use, the consumption, the distribution, and the
465	storage to be used or consumed in this state of the following
466	are hereby specifically exempt from the tax imposed by this
467	chapter.
468	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
469	entity by this chapter do not inure to any transaction that is
470	otherwise taxable under this chapter when payment is made by a
471	representative or employee of the entity by any means,
472	including, but not limited to, cash, check, or credit card, even
473	when that representative or employee is subsequently reimbursed
474	by the entity. In addition, exemptions provided to any entity by
475	this subsection do not inure to any transaction that is
476	otherwise taxable under this chapter unless the entity has
477	obtained a sales tax exemption certificate from the department
478	or the entity obtains or provides other documentation as
479	required by the department. Eligible purchases or leases made
480	with such a certificate must be in strict compliance with this
481	subsection and departmental rules, and any person who makes an
482	exempt purchase with a certificate that is not in strict
483	compliance with this subsection and the rules is liable for and
484	shall pay the tax. The department may adopt rules to administer
485	this subsection.
486	(ccc)  Equipment, machinery, and other materials for
487	renewable energy technologies.--
488	1.  As used in this paragraph, the term:
489	a.  "Biodiesel" means the mono-alkyl esters of long-chain
490	fatty acids derived from plant or animal matter for use as a
491	source of energy and meeting the specifications for biodiesel
492	and biodiesel blends with petroleum products as adopted by the
493	Department of Agriculture and Consumer Services. Biodiesel may
494	refer to biodiesel blends designated BXX, where XX represents
495	the volume percentage of biodiesel fuel in the blend.
496	b.  "Ethanol" means nominally anhydrous denatured alcohol
497	produced by the fermentation of plant sugars meeting the
498	specifications for fuel ethanol and fuel ethanol blends with
499	petroleum products as adopted by the Department of Agriculture
500	and Consumer Services. Ethanol may refer to fuel ethanol blends
501	designated EXX, where XX represents the volume percentage of
502	fuel ethanol in the blend.
503	c.  "Hydrogen fuel cells" means equipment using hydrogen or
504	a hydrogen-rich fuel in an electrochemical process to generate
505	energy, electricity, or the transfer of heat.
506	2.  The sale or use of the following in the state is exempt
507	from the tax imposed by this chapter:
508	a.  Hydrogen-powered vehicles, materials incorporated into
509	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
510	a limit of $2 million in taxes each state fiscal year.
511	b.  Commercial stationary hydrogen fuel cells, up to a
512	limit of $1 million in taxes each state fiscal year.
513	c.  Materials used in the distribution of biodiesel (B10-
514	B100) and ethanol (E10-E85), including fueling infrastructure,
515	transportation, and storage, up to a limit of $1 million in
516	taxes each state fiscal year. Gasoline fueling station pump
517	retrofits for ethanol (E10-E100) distribution qualify for the
518	exemption provided in this sub-subparagraph.
519	3.  The Department of Environmental Protection shall
520	provide to the department a list of items eligible for the
521	exemption provided in this paragraph.
522	4.a.  The exemption provided in this paragraph shall be
523	available to a purchaser only through a refund of previously
524	paid taxes.
525	b.  To be eligible to receive the exemption provided in
526	this paragraph, a purchaser shall file an application with the
527	Department of Environmental Protection. The application shall be
528	developed by the Department of Environmental Protection, in
529	consultation with the department, and shall require:
530	(I)  The name and address of the person claiming the
531	refund.
532	(II)  A specific description of the purchase for which a
533	refund is sought, including, when applicable, a serial number or
534	other permanent identification number.
535	(III)  The sales invoice or other proof of purchase showing
536	the amount of sales tax paid, the date of purchase, and the name
537	and address of the sales tax dealer from whom the property was
538	purchased.
539	(IV)  A sworn statement that the information provided is
540	accurate and that the requirements of this paragraph have been
541	met.
542	c.  Within 30 days after receipt of an application, the
543	Department of Environmental Protection shall review the
544	application and shall notify the applicant of any deficiencies.
545	Upon receipt of a completed application, the Department of
546	Environmental Protection shall evaluate the application for
547	exemption and issue a written certification that the applicant
548	is eligible for a refund or issue a written denial of such
549	certification within 60 days after receipt of the application.
550	The Department of Environmental Protection shall provide the
551	department with a copy of each certification issued upon
552	approval of an application.
553	d.  Each certified applicant shall be responsible for
554	forwarding a certified copy of the application and copies of all
555	required documentation to the department within 6 months after
556	certification by the Department of Environmental Protection.
557	e.  The provisions of s. 212.095 do not apply to any refund
558	application made pursuant to this paragraph. A refund approved
559	pursuant to this paragraph shall be made within 30 days after
560	formal approval by the department.
561	f.  The department shall adopt rules governing the manner
562	and form of refund applications and may establish guidelines as
563	to the requisites for an affirmative showing of qualification
564	for exemption under this paragraph.
565	g.  The Department of Environmental Protection shall be
566	responsible for ensuring that the exemptions do not exceed the
567	limits provided in subparagraph 2.
568	5.  The Department of Environmental Protection shall
569	determine and publish on a regular basis the amount of sales tax
570	funds remaining in each fiscal year.
571	6.  This paragraph expires July 1, 2010.
572	Section 10.  Paragraph (y) is added to subsection (7) of
573	section 213.053, Florida Statutes, to read:
574	213.053  Confidentiality and information sharing.--
575	(7)  Notwithstanding any other provision of this section,
576	the department may provide:
577	(y)  Information relative to ss. 212.08(7)(ccc) and 220.192
578	to the Department of Environmental Protection for use in the
579	conduct of its official business.
580
581	Disclosure of information under this subsection shall be
582	pursuant to a written agreement between the executive director
583	and the agency. Such agencies, governmental or nongovernmental,
584	shall be bound by the same requirements of confidentiality as
585	the Department of Revenue. Breach of confidentiality is a
586	misdemeanor of the first degree, punishable as provided by s.
587	775.082 or s. 775.083.
588	Section 11.  Subsection (8) of section 220.02, Florida
589	Statutes, is amended to read:
590	220.02  Legislative intent.--
591	(8)  It is the intent of the Legislature that credits
592	against either the corporate income tax or the franchise tax be
593	applied in the following order: those enumerated in s. 631.828,
594	those enumerated in s. 220.191, those enumerated in s. 220.181,
595	those enumerated in s. 220.183, those enumerated in s. 220.182,
596	those enumerated in s. 220.1895, those enumerated in s. 221.02,
597	those enumerated in s. 220.184, those enumerated in s. 220.186,
598	those enumerated in s. 220.1845, those enumerated in s. 220.19,
599	those enumerated in s. 220.185, and those enumerated in s.
600	220.187, and those enumerated in s. 220.192.
601	Section 12.  Section 220.192, Florida Statutes, is created
602	to read:
603	220.192  Renewable energy technologies investment tax
604	credit.--
605	(1)  DEFINITIONS.--For purposes of this section, the term:
606	(a)  "Biodiesel" means biodiesel as defined in s.
607	212.08(7)(ccc).
608	(b)  "Eligible costs" means:
609	1.  Seventy-five percent of all capital costs, operation
610	and maintenance costs, and research and development costs
611	incurred between July 1, 2006, and June 30, 2010, up to a limit
612	of $3 million per state fiscal year for all taxpayers, in
613	connection with an investment in hydrogen-powered vehicles and
614	hydrogen vehicle fueling stations in the state, including, but
615	not limited to, the costs of constructing, installing, and
616	equipping such technologies in the state.
617	2.  Seventy-five percent of all capital costs, operation
618	and maintenance costs, and research and development costs
619	incurred between July 1, 2006, and June 30, 2010, up to a limit
620	of $1.5 million per state fiscal year for all taxpayers, and
621	limited to a maximum of $12,000 per fuel cell, in connection
622	with an investment in commercial stationary hydrogen fuel cells
623	in the state, including, but not limited to, the costs of
624	constructing, installing, and equipping such technologies in the
625	state.
626	3.  Seventy-five percent of all capital costs, operation
627	and maintenance costs, and research and development costs
628	incurred between July 1, 2006, and June 30, 2010, up to a limit
629	of $6.5 million per state fiscal year for all taxpayers, in
630	connection with an investment in the production, storage, and
631	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
632	the state, including the costs of constructing, installing, and
633	equipping such technologies in the state. Gasoline fueling
634	station pump retrofits for ethanol (E10-E100) distribution
635	qualify as an eligible cost under this subparagraph.
636	(c)  "Ethanol" means ethanol as defined in s.
637	212.08(7)(ccc).
638	(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
639	defined in s. 212.08(7)(ccc).
640	(2)  TAX CREDIT.--For tax years beginning on or after
641	January 1, 2007, a credit against the tax imposed by this
642	chapter shall be granted in an amount equal to the eligible
643	costs. Credits may be used in tax years beginning January 1,
644	2007, and ending December 31, 2010, after which the credit shall
645	expire. If the credit is not fully used in any one tax year
646	because of insufficient tax liability on the part of the
647	corporation, the unused amount may be carried forward and used
648	in tax years beginning January 1, 2007, and ending December 31,
649	2012, after which the credit carryover expires and may not be
650	used. A taxpayer that files a consolidated return in this state
651	as a member of an affiliated group under s. 220.131(1) may be
652	allowed the credit on a consolidated return basis up to the
653	amount of tax imposed upon the consolidated group. Any eligible
654	cost for which a credit is claimed and which is deducted or
655	otherwise reduces federal taxable income shall be added back in
656	computing adjusted federal income under s. 220.13.
657	(3)  APPLICATION PROCESS.--Any corporation wishing to
658	obtain tax credits available under this section must submit to
659	the Department of Environmental Protection an application for
660	tax credit that includes a complete description of all eligible
661	costs for which the corporation is seeking a credit and a
662	description of the total amount of credits sought. The
663	Department of Environmental Protection shall make a
664	determination on the eligibility of the applicant for the
665	credits sought and certify the determination to the applicant
666	and the Department of Revenue. The corporation must attach the
667	Department of Environmental Protection's certification to the
668	tax return on which the credit is claimed. The Department of
669	Environmental Protection shall be responsible for ensuring that
670	the corporate income tax credits granted in each fiscal year do
671	not exceed the limits provided for in this section. The
672	Department of Environmental Protection is authorized to adopt
673	the necessary rules, guidelines, and application materials for
674	the application process.
675	(4)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
676	CREDITS.--
677	(a)  In addition to its existing audit and investigation
678	authority, the Department of Revenue may perform any additional
679	financial and technical audits and investigations, including
680	examining the accounts, books, and records of the tax credit
681	applicant, that are necessary to verify the eligible costs
682	included in the tax credit return and to ensure compliance with
683	this section. The Department of Environmental Protection shall
684	provide technical assistance when requested by the Department of
685	Revenue on any technical audits or examinations performed
686	pursuant to this section.
687	(b)  It is grounds for forfeiture of previously claimed and
688	received tax credits if the Department of Revenue determines, as
689	a result of either an audit or examination or from information
690	received from the Department of Environmental Protection, that a
691	taxpayer received tax credits pursuant to this section to which
692	the taxpayer was not entitled. The taxpayer is responsible for
693	returning forfeited tax credits to the Department of Revenue,
694	and such funds shall be paid into the General Revenue Fund of
695	the state.
696	(c)  The Department of Environmental Protection may revoke
697	or modify any written decision granting eligibility for tax
698	credits under this section if it is discovered that the tax
699	credit applicant submitted any false statement, representation,
700	or certification in any application, record, report, plan, or
701	other document filed in an attempt to receive tax credits under
702	this section. The Department of Environmental Protection shall
703	immediately notify the Department of Revenue of any revoked or
704	modified orders affecting previously granted tax credits.
705	Additionally, the taxpayer must notify the Department of Revenue
706	of any change in its tax credit claimed.
707	(d)  The taxpayer shall file with the Department of Revenue
708	an amended return or such other report as the Department of
709	Revenue prescribes by rule and shall pay any required tax and
710	interest within 60 days after the taxpayer receives notification
711	from the Department of Environmental Protection that previously
712	approved tax credits have been revoked or modified. If the
713	revocation or modification order is contested, the taxpayer
714	shall file an amended return or other report as provided in this
715	paragraph within 60 days after a final order is issued following
716	proceedings.
717	(e)  A notice of deficiency may be issued by the Department
718	of Revenue at any time within 3 years after the taxpayer
719	receives formal notification from the Department of
720	Environmental Protection that previously approved tax credits
721	have been revoked or modified. If a taxpayer fails to notify the
722	Department of Revenue of any changes to its tax credit claimed,
723	a notice of deficiency may be issued at any time.
724	(5)  RULES.--The Department of Revenue shall have the
725	authority to adopt rules relating to the forms required to claim
726	a tax credit under this section, the requirements and basis for
727	establishing an entitlement to a credit, and the examination and
728	audit procedures required to administer this section.
729	(6)  PUBLICATION.--The Department of Environmental
730	Protection shall determine and publish on a regular basis the
731	amount of available tax credits remaining in each fiscal year.
732	Section 13.  Paragraph (a) of subsection (1) of section
733	220.13, Florida Statutes, is amended to read:
734	220.13  "Adjusted federal income" defined.--
735	(1)  The term "adjusted federal income" means an amount
736	equal to the taxpayer's taxable income as defined in subsection
737	(2), or such taxable income of more than one taxpayer as
738	provided in s. 220.131, for the taxable year, adjusted as
739	follows:
740	(a)  Additions.--There shall be added to such taxable
741	income:
742	1.  The amount of any tax upon or measured by income,
743	excluding taxes based on gross receipts or revenues, paid or
744	accrued as a liability to the District of Columbia or any state
745	of the United States which is deductible from gross income in
746	the computation of taxable income for the taxable year.
747	2.  The amount of interest which is excluded from taxable
748	income under s. 103(a) of the Internal Revenue Code or any other
749	federal law, less the associated expenses disallowed in the
750	computation of taxable income under s. 265 of the Internal
751	Revenue Code or any other law, excluding 60 percent of any
752	amounts included in alternative minimum taxable income, as
753	defined in s. 55(b)(2) of the Internal Revenue Code, if the
754	taxpayer pays tax under s. 220.11(3).
755	3.  In the case of a regulated investment company or real
756	estate investment trust, an amount equal to the excess of the
757	net long-term capital gain for the taxable year over the amount
758	of the capital gain dividends attributable to the taxable year.
759	4.  That portion of the wages or salaries paid or incurred
760	for the taxable year which is equal to the amount of the credit
761	allowable for the taxable year under s. 220.181. The provisions
762	of this subparagraph shall expire and be void on June 30, 2005.
763	5.  That portion of the ad valorem school taxes paid or
764	incurred for the taxable year which is equal to the amount of
765	the credit allowable for the taxable year under s. 220.182. The
766	provisions of this subparagraph shall expire and be void on June
767	30, 2005.
768	6.  The amount of emergency excise tax paid or accrued as a
769	liability to this state under chapter 221 which tax is
770	deductible from gross income in the computation of taxable
771	income for the taxable year.
772	7.  That portion of assessments to fund a guaranty
773	association incurred for the taxable year which is equal to the
774	amount of the credit allowable for the taxable year.
775	8.  In the case of a nonprofit corporation which holds a
776	pari-mutuel permit and which is exempt from federal income tax
777	as a farmers' cooperative, an amount equal to the excess of the
778	gross income attributable to the pari-mutuel operations over the
779	attributable expenses for the taxable year.
780	9.  The amount taken as a credit for the taxable year under
781	s. 220.1895.
782	10.  Up to nine percent of the eligible basis of any
783	designated project which is equal to the credit allowable for
784	the taxable year under s. 220.185.
785	11.  The amount taken as a credit for the taxable year
786	under s. 220.187.
787	12.  The amount taken as a credit for the taxable year
788	under s. 220.192.
789	Section 14.  Subsection (2) of section 186.801, Florida
790	Statutes, is amended to read:
791	186.801  Ten-year site plans.--
792	(2)  Within 9 months after the receipt of the proposed
793	plan, the commission shall make a preliminary study of such plan
794	and classify it as "suitable" or "unsuitable." The commission
795	may suggest alternatives to the plan. All findings of the
796	commission shall be made available to the Department of
797	Environmental Protection for its consideration at any subsequent
798	electrical power plant site certification proceedings. It is
799	recognized that 10-year site plans submitted by an electric
800	utility are tentative information for planning purposes only and
801	may be amended at any time at the discretion of the utility upon
802	written notification to the commission. A complete application
803	for certification of an electrical power plant site under
804	chapter 403, when such site is not designated in the current 10-
805	year site plan of the applicant, shall constitute an amendment
806	to the 10-year site plan. In its preliminary study of each 10-
807	year site plan, the commission shall consider such plan as a
808	planning document and shall review:
809	(a)  The need, including the need as determined by the
810	commission, for electrical power in the area to be served.
811	(b)  The effect on fuel diversity within the state.
812	(c)(b)  The anticipated environmental impact of each
813	proposed electrical power plant site.
814	(d)(c)  Possible alternatives to the proposed plan.
815	(e)(d)  The views of appropriate local, state, and federal
816	agencies, including the views of the appropriate water
817	management district as to the availability of water and its
818	recommendation as to the use by the proposed plant of salt water
819	or fresh water for cooling purposes.
820	(f)(e)  The extent to which the plan is consistent with the
821	state comprehensive plan.
822	(g)(f)  The plan with respect to the information of the
823	state on energy availability and consumption.
824	Section 15.  Subsection (6) of section 366.04, Florida
825	Statutes, is amended to read:
826	366.04  Jurisdiction of commission.--
827	(6)  The commission shall further have exclusive
828	jurisdiction to prescribe and enforce safety standards for
829	transmission and distribution facilities of all public electric
830	utilities, cooperatives organized under the Rural Electric
831	Cooperative Law, and electric utilities owned and operated by
832	municipalities. In adopting safety standards, the commission
833	shall, at a minimum:
834	(a)  Adopt the 1984 edition of the National Electrical
835	Safety Code (ANSI C2) as initial standards; and
836	(b)  Adopt, after review, any new edition of the National
837	Electrical Safety Code (ANSI C2).
838
839	The standards prescribed by the current 1984 edition of the
840	National Electrical Safety Code (ANSI C2) shall constitute
841	acceptable and adequate requirements for the protection of the
842	safety of the public, and compliance with the minimum
843	requirements of that code shall constitute good engineering
844	practice by the utilities. The administrative authority referred
845	to in the 1984 edition of the National Electrical Safety Code is
846	the commission. However, nothing herein shall be construed as
847	superseding, repealing, or amending the provisions of s.
848	403.523(1) and (10).
849	Section 16.  Subsections (1) and (8) of section 366.05,
850	Florida Statutes, are amended to read:
851	366.05  Powers.--
852	(1)  In the exercise of such jurisdiction, the commission
853	shall have power to prescribe fair and reasonable rates and
854	charges, classifications, standards of quality and measurements,
855	including the ability to adopt construction standards that
856	exceed the National Electrical Safety Code for purposes of
857	ensuring the reliable provision of service, and service rules
858	and regulations to be observed by each public utility; to
859	require repairs, improvements, additions, replacements, and
860	extensions to the plant and equipment of any public utility when
861	reasonably necessary to promote the convenience and welfare of
862	the public and secure adequate service or facilities for those
863	reasonably entitled thereto; to employ and fix the compensation
864	for such examiners and technical, legal, and clerical employees
865	as it deems necessary to carry out the provisions of this
866	chapter; and to adopt rules pursuant to ss. 120.536(1) and
867	120.54 to implement and enforce the provisions of this chapter.
868	(8)  If the commission determines that there is probable
869	cause to believe that inadequacies exist with respect to the
870	energy grids developed by the electric utility industry,
871	including inadequacies in fuel diversity or fuel supply
872	reliability, it shall have the power, after proceedings as
873	provided by law, and after a finding that mutual benefits will
874	accrue to the electric utilities involved, to require
875	installation or repair of necessary facilities, including
876	generating plants and transmission facilities, with the costs to
877	be distributed in proportion to the benefits received, and to
878	take all necessary steps to ensure compliance. The electric
879	utilities involved in any action taken or orders issued pursuant
880	to this subsection shall have full power and authority,
881	notwithstanding any general or special laws to the contrary, to
882	jointly plan, finance, build, operate, or lease generating and
883	transmission facilities and shall be further authorized to
884	exercise the powers granted to corporations in chapter 361. This
885	subsection shall not supersede or control any provision of the
886	Florida Electrical Power Plant Siting Act, ss. 403.501-403.518.
887	Section 17.  The Florida Public Service Commission shall
888	direct a study of the electric transmission grid in the state.
889	The study shall look at electric system reliability to examine
890	the efficiency and reliability of power transfer and emergency
891	contingency conditions. In addition, the study shall examine the
892	strengthening of infrastructure to address issues arising from
893	the 2004 and 2005 hurricane seasons. A report of the results of
894	the study shall be provided to the Governor, the President of
895	the Senate, and the Speaker of the House of Representatives by
896	January 30, 2007.
897	Section 18.  Subsections (5), (8), (9), (12), (18), (24),
898	and (27) of section 403.503, Florida Statutes, are amended,
899	subsections (16) through (28) are renumbered as (17) through
900	(29), respectively, and a new subsection (16) is added to that
901	section, to read:
902	403.503  Definitions relating to Florida Electrical Power
903	Plant Siting Act.--As used in this act:
904	(5)  "Application" means the documents required by the
905	department to be filed to initiate a certification review and
906	evaluation, including the initial document filing, amendments,
907	and responses to requests from the department for additional
908	data and information proceeding and shall include the documents
909	necessary for the department to render a decision on any permit
910	required pursuant to any federally delegated or approved permit
911	program.
912	(8)  "Completeness" means that the application has
913	addressed all applicable sections of the prescribed application
914	format, and but does not mean that those sections are sufficient
915	in comprehensiveness of data or in quality of information
916	provided to allow the department to determine whether the
917	application provides the reviewing agencies adequate information
918	to prepare the reports required by s. 403.507.
919	(9)  "Corridor" means the proposed area within which an
920	associated linear facility right-of-way is to be located. The
921	width of the corridor proposed for certification as an
922	associated facility, at the option of the applicant, may be the
923	width of the right-of-way or a wider boundary, not to exceed a
924	width of 1 mile. The area within the corridor in which a right-
925	of-way may be located may be further restricted by a condition
926	of certification. After all property interests required for the
927	right-of-way have been acquired by the licensee applicant, the
928	boundaries of the area certified shall narrow to only that land
929	within the boundaries of the right-of-way.
930	(12)  "Electrical power plant" means, for the purpose of
931	certification, any steam or solar electrical generating facility
932	using any process or fuel, including nuclear materials, except
933	that this term does not include any steam or solar electrical
934	generating facility of less than 75 megawatts in capacity unless
935	the applicant for such a facility elects to apply for
936	certification under this act, or any unit capacity expansion of
937	35 megawatts or less of an existing exothermic reaction
938	cogeneration unit that was originally built under a power plant
939	siting act exemption. This exemption does not apply if the unit
940	uses oil or natural gas for purposes other than startup. This
941	term and includes associated facilities to be owned by the
942	licensee which directly support the construction and operation
943	of the electrical power plant such as fuel unloading facilities,
944	pipelines necessary for transporting fuel for the operation of
945	the facility or other fuel transportation facilities, water or
946	wastewater transport pipelines, construction, maintenance and
947	access roads, railway lines necessary for transport of
948	construction equipment or fuel for the operation of the
949	facility, and those associated transmission lines owned by the
950	licensee which connect the electrical power plant to an existing
951	transmission network or rights-of-way to which the applicant
952	intends to connect, except that this term does not include any
953	steam or solar electrical generating facility of less than 75
954	megawatts in capacity unless the applicant for such a facility
955	elects to apply for certification under this act. Associated
956	facilities An associated transmission line may include, at the
957	applicant's option, offsite associated facilities that will not
958	be owned by the applicant and any proposed terminal or
959	intermediate substations or substation expansions connected to
960	the associated transmission line.
961	(16)  "Licensee" means an applicant that has obtained a
962	certification order for the subject project.
963	(19)(18)  "Nonprocedural requirements of agencies" means
964	any agency's regulatory requirements established by statute,
965	rule, ordinance, zoning ordinance, land development code, or
966	comprehensive plan, excluding any provisions prescribing forms,
967	fees, procedures, or time limits for the review or processing of
968	information submitted to demonstrate compliance with such
969	regulatory requirements.
970	(25)(24)  "Right-of-way" means land necessary for the
971	construction and maintenance of a connected associated linear
972	facility, such as a railroad line, pipeline, or transmission
973	line as owned by or proposed to be certified by the applicant.
974	The typical width of the right-of-way shall be identified in the
975	application. The right-of-way shall be located within the
976	certified corridor and shall be identified by the applicant
977	subsequent to certification in documents filed with the
978	department prior to construction.
979	(28)(27)  "Ultimate site capacity" means the maximum
980	generating capacity for a site as certified by the board.
981	"Sufficiency" means that the application is not only complete
982	but that all sections are sufficient in the comprehensiveness of
983	data or in the quality of information provided to allow the
984	department to determine whether the application provides the
985	reviewing agencies adequate information to prepare the reports
986	required by s. 403.507.
987	Section 19.  Subsections (1), (7), (9), and (10) of section
988	403.504, Florida Statutes, are amended, and new subsections (9),
989	(10), (11), and (12) are added to that section, to read:
990	403.504  Department of Environmental Protection; powers and
991	duties enumerated.--The department shall have the following
992	powers and duties in relation to this act:
993	(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54
994	to implement the provisions of this act, including rules setting
995	forth environmental precautions to be followed in relation to
996	the location, construction, and operation of electrical power
997	plants.
998	(7)  To conduct studies and prepare a project written
999	analysis under s. 403.507.
1000	(9)  To issue final orders after receipt of the
1001	administrative law judge's order relinquishing jurisdiction
1002	pursuant to s. 403.508(6).
1003	(10)  To act as clerk for the siting board.
1004	(11)  To administer and manage the terms and conditions of
1005	the certification order and supporting documents and records for
1006	the life of the facility.
1007	(12)  To issue emergency orders on behalf of the board for
1008	facilities licensed under this act.
1009	(9)  To notify all affected agencies of the filing of a
1010	notice of intent within 15 days after receipt of the notice.
1011	(10)  To issue, with the electrical power plant
1012	certification, any license required pursuant to any federally
1013	delegated or approved permit program.
1014	Section 20.  Section 403.5055, Florida Statutes, is amended
1015	to read:
1016	403.5055  Application for permits pursuant to s.
1017	403.0885.--In processing applications for permits pursuant to s.
1018	403.0885 that are associated with applications for electrical
1019	power plant certification:
1020	(1)  The procedural requirements set forth in 40 C.F.R. s.
1021	123.25, including public notice, public comments, and public
1022	hearings, shall be closely coordinated with the certification
1023	process established under this part. In the event of a conflict
1024	between the certification process and federally required
1025	procedures for NPDES permit issuance, the applicable federal
1026	requirements shall control.
1027	(2)  The department's proposed action pursuant to 40 C.F.R.
1028	s. 124.6, including any draft NPDES permit (containing the
1029	information required under 40 C.F.R. s. 124.6(d)), shall within
1030	130 days after the submittal of a complete application be
1031	publicly noticed and transmitted to the United States
1032	Environmental Protection Agency for its review pursuant to 33
1033	U.S.C. s. 1342(d).
1034	(2)(3)  If available at the time the department issues its
1035	project analysis pursuant to s. 403.507(5), the department shall
1036	include in its project analysis written analysis pursuant to s.
1037	403.507(3) copies of the department's proposed action pursuant
1038	to 40 C.F.R. s. 124.6 on any application for a NPDES permit; any
1039	corresponding comments received from the United States
1040	Environmental Protection Agency, the applicant, or the general
1041	public; and the department's response to those comments.
1042	(3)(4)  The department shall not issue or deny the permit
1043	pursuant to s. 403.0885 in advance of the issuance of the
1044	electrical electric power plant certification under this part
1045	unless required to do so by the provisions of federal law. When
1046	possible, any hearing on a permit issued pursuant to s. 403.0885
1047	shall be conducted in conjunction with the certification hearing
1048	held pursuant to this act. The department's actions on an NPDES
1049	permit shall be based on the record and recommended order of the
1050	certification hearing, if the hearing on the NPDES was conducted
1051	in conjunction with the certification hearing, and of any other
1052	proceeding held in connection with the application for an NPDES
1053	permit, timely public comments received with respect to the
1054	application, and the provisions of federal law. The department's
1055	action on an NPDES permit, if issued, shall differ from the
1056	actions taken by the siting board regarding the certification
1057	order if federal laws and regulations require different action
1058	to be taken to ensure compliance with the Clean Water Act, as
1059	amended, and implementing regulations. Nothing in this part
1060	shall be construed to displace the department's authority as the
1061	final permitting entity under the federally approved state NPDES
1062	program. Nothing in this part shall be construed to authorize
1063	the issuance of a state NPDES permit which does not conform to
1064	the requirements of the federally approved state NPDES program.
1065	The permit, if issued, shall be valid for no more than 5 years.
1066	(5)  The department's action on an NPDES permit renewal, if
1067	issued, shall differ from the actions taken by the siting board
1068	regarding the certification order if federal laws and
1069	regulations require different action to be taken to ensure
1070	compliance with the Clean Water Act, as amended, and
1071	implementing regulations.
1072	Section 21.  Section 403.506, Florida Statutes, is amended
1073	to read:
1074	403.506  Applicability, thresholds, and certification.--
1075	(1)  The provisions of this act shall apply to any
1076	electrical power plant as defined herein, except that the
1077	provisions of this act shall not apply to any electrical power
1078	plant or steam generating plant of less than 75 megawatts in
1079	capacity or to any substation to be constructed as part of an
1080	associated transmission line unless the applicant has elected to
1081	apply for certification of such plant or substation under this
1082	act. The provisions of this act shall not apply to any unit
1083	capacity expansion of 35 megawatts or less of an existing
1084	exothermic reaction cogeneration unit that was exempt from this
1085	act when it was originally built; however, this exemption shall
1086	not apply if the unit uses oil or natural gas for purposes other
1087	than unit startup. No construction of any new electrical power
1088	plant or expansion in steam generating capacity as measured by
1089	an increase in the maximum electrical generator rating of any
1090	existing electrical power plant may be undertaken after October
1091	1, 1973, without first obtaining certification in the manner as
1092	herein provided, except that this act shall not apply to any
1093	such electrical power plant which is presently operating or
1094	under construction or which has, upon the effective date of
1095	chapter 73-33, Laws of Florida, applied for a permit or
1096	certification under requirements in force prior to the effective
1097	date of such act.
1098	(2)  Except as provided in the certification, modification
1099	of nonnuclear fuels, internal related hardware, including
1100	increases in steam turbine efficiency, or operating conditions
1101	not in conflict with certification which increase the electrical
1102	output of a unit to no greater capacity than the maximum
1103	electrical generator rating operating capacity of the existing
1104	generator shall not constitute an alteration or addition to
1105	generating capacity which requires certification pursuant to
1106	this act.
1107	(3)  The application for any related department license
1108	which is required pursuant to any federally delegated or
1109	approved permit program shall be processed within the time
1110	periods allowed by this act, in lieu of those specified in s.
1111	120.60. However, permits issued pursuant to s. 403.0885 shall be
1112	processed in accordance with 40 C.F.R. part 123.
1113	Section 22.  Section 403.5064, Florida Statutes, is amended
1114	to read:
1115	403.5064  Application Distribution of application;
1116	schedules.--
1117	(1)  The formal date of filing of a certification
1118	application and commencement of the certification review process
1119	shall be when the applicant submits:
1120	(a)  Copies of the certification application in a quantity
1121	and format as prescribed by rule to the department and other
1122	agencies identified in s. 403.507(2)(a).
1123	(b)  The application fee specified under s. 403.518 to the
1124	department.
1125	(2)(1)  Within 7 days after the filing of an application,
1126	the department shall provide to the applicant and the Division
1127	of Administrative Hearings the names and addresses of any
1128	additional those affected or other agencies or persons entitled
1129	to notice and copies of the application and any amendments.
1130	Copies of the application shall be distributed within 5 days
1131	after the provision of such names and addresses by the applicant
1132	to these additional agencies. This distribution shall not be a
1133	basis for altering the schedule of dates for the certification
1134	process.
1135	(3)  Any amendment to the application made prior to
1136	certification shall be disposed of as part of the original
1137	certification proceeding. Amendment of the application may be
1138	considered good cause for alteration of time limits pursuant to
1139	s. 403.5095.
1140	(4)(2)  Within 7 days after the filing of an application
1141	completeness has been determined, the department shall prepare a
1142	proposed schedule of dates for determination of completeness,
1143	submission of statements of issues, determination of
1144	sufficiency, and submittal of final reports, from affected and
1145	other agencies and other significant dates to be followed during
1146	the certification process, including dates for filing notices of
1147	appearance to be a party pursuant to s. 403.508(3)(4). This
1148	schedule shall be timely provided by the department to the
1149	applicant, the administrative law judge, all agencies identified
1150	pursuant to subsection (2) (1), and all parties. Within 7 days
1151	after the filing of the proposed schedule, the administrative
1152	law judge shall issue an order establishing a schedule for the
1153	matters addressed in the department's proposed schedule and
1154	other appropriate matters, if any.
1155	(5)(3)  Within 7 days after completeness has been
1156	determined, the applicant shall distribute copies of the
1157	application to all agencies identified by the department
1158	pursuant to subsection (1). Copies of changes and amendments to
1159	the application shall be timely distributed by the applicant to
1160	all affected agencies and parties who have received a copy of
1161	the application.
1162	(6)  Notice of the filing of the application shall be
1163	published in accordance with the requirements of s. 403.5115.
1164	Section 23.  Section 403.5065, Florida Statutes, is amended
1165	to read:
1166	403.5065  Appointment of administrative law judge; powers
1167	and duties.--
1168	(1)  Within 7 days after receipt of an application, whether
1169	complete or not, the department shall request the Division of
1170	Administrative Hearings to designate an administrative law judge
1171	to conduct the hearings required by this act. The division
1172	director shall designate an administrative law judge within 7
1173	days after receipt of the request from the department. In
1174	designating an administrative law judge for this purpose, the
1175	division director shall, whenever practicable, assign an
1176	administrative law judge who has had prior experience or
1177	training in electrical power plant site certification
1178	proceedings. Upon being advised that an administrative law judge
1179	has been appointed, the department shall immediately file a copy
1180	of the application and all supporting documents with the
1181	designated administrative law judge, who shall docket the
1182	application.
1183	(2)  The administrative law judge shall have all powers and
1184	duties granted to administrative law judges by chapter 120 and
1185	by the laws and rules of the department.
1186	Section 24.  Section 403.5066, Florida Statutes, is amended
1187	to read:
1188	403.5066  Determination of completeness.--
1189	(1)(a)  Within 30 days after the filing of an application,
1190	affected agencies shall file a statement with the department
1191	containing each agency's recommendations on the completeness of
1192	the application.
1193	(b)  Within 40 15 days after the filing receipt of an
1194	application, the department shall file a statement with the
1195	Division of Administrative Hearings, and with the applicant, and
1196	with all parties declaring its position with regard to the
1197	completeness, not the sufficiency, of the application. The
1198	department's statement shall be based upon consultation with the
1199	affected agencies.
1200	(2)(1)  If the department declares the application to be
1201	incomplete, the applicant, within 15 days after the filing of
1202	the statement by the department, shall file with the Division of
1203	Administrative Hearings, and with the department, and all
1204	parties a statement:
1205	(a)  A withdrawal of Agreeing with the statement of the
1206	department and withdrawing the application;
1207	(b)  A statement agreeing to supply the additional
1208	information necessary to make the application complete. Such
1209	additional information shall be provided within 30 days after
1210	the issuance of the department's statement on completeness of
1211	the application. The time schedules under this act shall not be
1212	tolled if the applicant makes the application complete within 30
1213	days after the issuance of the department's statement on
1214	completeness of the application. A subsequent finding by the
1215	department that the application remains incomplete, based upon
1216	the additional information submitted by the applicant or upon
1217	the failure of the applicant to timely submit the additional
1218	information, tolls the time schedules under this act until the
1219	application is determined complete; Agreeing with the statement
1220	of the department and agreeing to amend the application without
1221	withdrawing it. The time schedules referencing a complete
1222	application under this act shall not commence until the
1223	application is determined complete; or
1224	(c)  A statement contesting the department's determination
1225	of incompleteness; or contesting the statement of the
1226	department.
1227	(d)  A statement agreeing with the department and
1228	requesting additional time beyond 30 days to provide the
1229	information necessary to make the application complete. If the
1230	applicant exercises this option, the time schedules under this
1231	act are tolled until the application is determined complete.
1232	(3)(a)(2)  If the applicant contests the determination by
1233	the department that an application is incomplete, the
1234	administrative law judge shall schedule a hearing on the
1235	statement of completeness. The hearing shall be held as
1236	expeditiously as possible, but not later than 21 30 days after
1237	the filing of the statement by the department. The
1238	administrative law judge shall render a decision within 7 10
1239	days after the hearing.
1240	(b)  Parties to a hearing on the issue of completeness
1241	shall include the applicant, the department, and any agency that
1242	has jurisdiction over the matter in dispute.
1243	(c)(a)  If the administrative law judge determines that the
1244	application was not complete as filed, the applicant shall
1245	withdraw the application or make such additional submittals as
1246	necessary to complete it. The time schedules referencing a
1247	complete application under this act shall not commence until the
1248	application is determined complete.
1249	(d)(b)  If the administrative law judge determines that the
1250	application was complete at the time it was declared incomplete
1251	filed, the time schedules referencing a complete application
1252	under this act shall commence upon such determination.
1253	(4)  If the applicant provides additional information to
1254	address the issues identified in the determination of
1255	incompleteness, each affected agency may submit to the
1256	department, no later than 15 days after the applicant files the
1257	additional information, a recommendation on whether the agency
1258	believes the application is complete. Within 22 days after
1259	receipt of the additional information from the applicant
1260	submitted under paragraph (2)(b), paragraph (2)(d), or paragraph
1261	(3)(c), the department shall determine whether the additional
1262	information supplied by an applicant makes the application
1263	complete. If the department finds that the application is still
1264	incomplete, the applicant may exercise any of the options
1265	specified in subsection (2) as often as is necessary to resolve
1266	the dispute.
1267	Section 25.  Section 403.50663, Florida Statutes, is
1268	created to read:
1269	403.50663  Informational public meetings.--
1270	(1)  A local government within whose jurisdiction the power
1271	plant is proposed to be sited may hold one informational public
1272	meeting in addition to the hearings specifically authorized by
1273	this act on any matter associated with the electrical power
1274	plant proceeding. Such informational public meetings shall be
1275	held by the local government or by the regional planning council
1276	if the local government does not hold such meeting within 70
1277	days after the filing of the application. The purpose of an
1278	informational public meeting is for the local government or
1279	regional planning council to further inform the public about the
1280	proposed electrical power plant or associated facilities, obtain
1281	comments from the public, and formulate its recommendation with
1282	respect to the proposed electrical power plant.
1283	(2)  Informational public meetings shall be held solely at
1284	the option of each local government or regional planning council
1285	if a public meeting is not held by the local government. It is
1286	the legislative intent that local governments or regional
1287	planning councils attempt to hold such public meetings. Parties
1288	to the proceedings under this act shall be encouraged to attend;
1289	however, no party other than the applicant and the department
1290	shall be required to attend such informational public meetings.
1291	(3)  A local government or regional planning council that
1292	intends to conduct an informational public meeting must provide
1293	notice of the meeting to all parties not less than 5 days prior
1294	to the meeting.
1295	(4)  The failure to hold an informational public meeting or
1296	the procedure used for the informational public meeting are not
1297	grounds for the alteration of any time limitation in this act
1298	under s. 403.5095 or grounds to deny or condition certification.
1299	Section 26.  Section 403.50665, Florida Statutes, is
1300	created to read:
1301	403.50665  Land use consistency.--
1302	(1)  The applicant shall include in the application a
1303	statement on the consistency of the site or any directly
1304	associated facilities with existing land use plans and zoning
1305	ordinances that were in effect on the date the application was
1306	filed and a full description of such consistency.
1307	(2)  Within 80 days after the filing of the application,
1308	each local government shall file a determination with the
1309	department, the applicant, the administrative law judge, and all
1310	parties on the consistency of the site or any directly
1311	associated facilities with existing land use plans and zoning
1312	ordinances that were in effect on the date the application was
1313	filed, based on the information provided in the application. The
1314	applicant shall publish notice of the consistency determination
1315	in accordance with the requirements of s. 403.5115.
1316	(3)  If any substantially affected person wishes to dispute
1317	the local government's determination, he or she shall file a
1318	petition with the department within 15 days after the
1319	publication of notice of the local government's determination.
1320	If a hearing is requested, the provisions of s. 403.508(1) shall
1321	apply.
1322	(4)  The dates in this section may be altered upon
1323	agreement between the applicant, the local government, and the
1324	department pursuant to s. 403.5095.
1325	(5)  If it is determined by the local government that the
1326	proposed site or directly associated facility does conform with
1327	existing land use plans and zoning ordinances in effect as of
1328	the date of the application and no petition has been filed, the
1329	responsible zoning or planning authority shall not thereafter
1330	change such land use plans or zoning ordinances so as to
1331	foreclose construction and operation of the proposed site or
1332	directly associated facilities unless certification is
1333	subsequently denied or withdrawn.
1334	Section 27.  Section 403.5067, Florida Statutes, is
1335	repealed.
1336	Section 28.  Section 403.507, Florida Statutes, is amended
1337	to read:
1338	403.507  Preliminary statements of issues, reports, project
1339	analyses, and studies.--
1340	(1)  Each affected agency identified in paragraph (2)(a)
1341	shall submit a preliminary statement of issues to the
1342	department, and the applicant, and all parties no later than 40
1343	60 days after the certification application has been determined
1344	distribution of the complete application. The failure to raise
1345	an issue in this statement shall not preclude the issue from
1346	being raised in the agency's report.
1347	(2)(a)  No later than 100 days after the certification
1348	application has been determined complete, the following agencies
1349	shall prepare reports as provided below and shall submit them to
1350	the department and the applicant within 150 days after
1351	distribution of the complete application:
1352	1.  The Department of Community Affairs shall prepare a
1353	report containing recommendations which address the impact upon
1354	the public of the proposed electrical power plant, based on the
1355	degree to which the electrical power plant is consistent with
1356	the applicable portions of the state comprehensive plan,
1357	emergency management requirements, and other such matters within
1358	its jurisdiction. The Department of Community Affairs may also
1359	comment on the consistency of the proposed electrical power
1360	plant with applicable strategic regional policy plans or local
1361	comprehensive plans and land development regulations.
1362	2.  The Public Service Commission shall prepare a report as
1363	to the present and future need for the electrical generating
1364	capacity to be supplied by the proposed electrical power plant.
1365	The report shall include the commission's determination pursuant
1366	to s. 403.519 and may include the commission's comments with
1367	respect to any other matters within its jurisdiction.
1368	2.3.  The water management district shall prepare a report
1369	as to matters within its jurisdiction, including but not limited
1370	to, the impact of the proposed electrical power plant on water
1371	resources, regional water supply planning, and district-owned
1372	lands and works.
1373	3.4.  Each local government in whose jurisdiction the
1374	proposed electrical power plant is to be located shall prepare a
1375	report as to the consistency of the proposed electrical power
1376	plant with all applicable local ordinances, regulations,
1377	standards, or criteria that apply to the proposed electrical
1378	power plant, including adopted local comprehensive plans, land
1379	development regulations, and any applicable local environmental
1380	regulations adopted pursuant to s. 403.182 or by other means.
1381	4.5.  The Fish and Wildlife Conservation Commission shall
1382	prepare a report as to matters within its jurisdiction.
1383	5.6.  Each The regional planning council shall prepare a
1384	report containing recommendations that address the impact upon
1385	the public of the proposed electrical power plant, based on the
1386	degree to which the electrical power plant is consistent with
1387	the applicable provisions of the strategic regional policy plan
1388	adopted pursuant to chapter 186 and other matters within its
1389	jurisdiction.
1390	6.  The Department of Transportation shall address the
1391	impact of the proposed electrical power plant on matters within
1392	its jurisdiction.
1393	(b)7.  Any other agency, if requested by the department,
1394	shall also perform studies or prepare reports as to matters
1395	within that agency's jurisdiction which may potentially be
1396	affected by the proposed electrical power plant.
1397	(b)  As needed to verify or supplement the studies made by
1398	the applicant in support of the application, it shall be the
1399	duty of the department to conduct, or contract for, studies of
1400	the proposed electrical power plant and site, including, but not
1401	limited to, the following, which shall be completed no later
1402	than 210 days after the complete application is filed with the
1403	department:
1404	1.  Cooling system requirements.
1405	2.  Construction and operational safeguards.
1406	3.  Proximity to transportation systems.
1407	4.  Soil and foundation conditions.
1408	5.  Impact on suitable present and projected water supplies
1409	for this and other competing uses.
1410	6.  Impact on surrounding land uses.
1411	7.  Accessibility to transmission corridors.
1412	8.  Environmental impacts.
1413	9.  Requirements applicable under any federally delegated
1414	or approved permit program.
1415	(3)(c)  Each report described in subsection (2) paragraphs
1416	(a) and (b) shall contain:
1417	(a)  A notice of any nonprocedural requirements not
1418	specifically listed in the application from which a variance,
1419	exemption, exception all information on variances, exemptions,
1420	exceptions, or other relief is necessary in order for the
1421	proposed electrical power plant to be certified. Failure of such
1422	notification by an agency shall be treated as a waiver from
1423	nonprocedural requirements of that agency. However, no variance
1424	shall be granted from standards or regulations of the department
1425	applicable under any federally delegated or approved permit
1426	program, except as expressly allowed in such program. which may
1427	be required by s. 403.511(2) and
1428	(b)  A recommendation for approval or denial of the
1429	application.
1430	(c)  Any proposed conditions of certification on matters
1431	within the jurisdiction of such agency. For each condition
1432	proposed by an agency in its report, the agency shall list the
1433	specific statute, rule, or ordinance which authorizes the
1434	proposed condition.
1435	(d)  The agencies shall initiate the activities required by
1436	this section no later than 30 days after the complete
1437	application is distributed. The agencies shall keep the
1438	applicant and the department informed as to the progress of the
1439	studies and any issues raised thereby.
1440	(3)  No later than 60 days after the application for a
1441	federally required new source review or prevention of
1442	significant deterioration permit for the electrical power plant
1443	is complete and sufficient, the department shall issue its
1444	preliminary determination on such permit. Notice of such
1445	determination shall be published as required by the department's
1446	rules for notices of such permits. The department shall receive
1447	public comments and comments from the United States
1448	Environmental Protection Agency and other affected agencies on
1449	the preliminary determination as provided for in the federally
1450	approved state implementation plan. The department shall
1451	maintain a record of all comments received and considered in
1452	taking action on such permits. If a petition for an
1453	administrative hearing on the department's preliminary
1454	determination is filed by a substantially affected person, that
1455	hearing shall be consolidated with the certification hearing.
1456	(4)(a)  No later than 150 days after the application is
1457	filed, the Public Service Commission shall prepare a report as
1458	to the present and future need for electrical generating
1459	capacity to be supplied by the proposed electrical power plant.
1460	The report shall include the commission's determination pursuant
1461	to s. 403.519 and may include the commission's comments with
1462	respect to any other matters within its jurisdiction.
1463	(b)  Receipt of an affirmative determination of need by the
1464	submittal deadline under paragraph (a) shall be a condition
1465	precedent to issuance of the department's project analysis and
1466	conduct of the certification hearing.
1467	(5)(4)  The department shall prepare a project written
1468	analysis, which shall be filed with the designated
1469	administrative law judge and served on all parties no later than
1470	130 240 days after the complete application is determined
1471	complete filed with the department, but no later than 60 days
1472	prior to the hearing, and which shall include:
1473	(a)  A statement indicating whether the proposed electrical
1474	power plant and proposed ultimate site capacity will be in
1475	compliance and consistent with matters within the department's
1476	standard jurisdiction, including with the rules of the
1477	department, as well as whether the proposed electrical power
1478	plant and proposed ultimate site capacity will be in compliance
1479	with the nonprocedural requirements of the affected agencies.
1480	(b)  Copies of the studies and reports required by this
1481	section and s. 403.519.
1482	(c)  The comments received by the department from any other
1483	agency or person.
1484	(d)  The recommendation of the department as to the
1485	disposition of the application, of variances, exemptions,
1486	exceptions, or other relief identified by any party, and of any
1487	proposed conditions of certification which the department
1488	believes should be imposed.
1489	(e)  If available, the recommendation of the department
1490	regarding the issuance of any license required pursuant to a
1491	federally delegated or approved permit program.
1492	(f)  Copies of the department's draft of the operation
1493	permit for a major source of air pollution, which must also be
1494	provided to the United States Environmental Protection Agency
1495	for review within 5 days after issuance of the written analysis.
1496	(6)(5)  Except when good cause is shown, the failure of any
1497	agency to submit a preliminary statement of issues or a report,
1498	or to submit its preliminary statement of issues or report
1499	within the allowed time, shall not be grounds for the alteration
1500	of any time limitation in this act. Neither the failure to
1501	submit a preliminary statement of issues or a report nor the
1502	inadequacy of the preliminary statement of issues or report are
1503	shall be grounds to deny or condition certification.
1504	Section 29.  Section 403.508, Florida Statutes, is amended
1505	to read:
1506	403.508  Land use and certification hearings proceedings,
1507	parties, participants.--
1508	(1)(a)  If a petition for a hearing on land use has been
1509	filed pursuant to s. 403.50665, the designated administrative
1510	law judge shall conduct a land use hearing in the county of the
1511	proposed site or directly associated facility, as applicable, as
1512	expeditiously as possible, but not later than 30 within 90 days
1513	after the department's receipt of the petition a complete
1514	application for electrical power plant site certification by the
1515	department. The place of such hearing shall be as close as
1516	possible to the proposed site or directly associated facility.
1517	If a petition is filed, the hearing shall be held regardless of
1518	the status of the completeness of the application. However,
1519	incompleteness of information necessary for a local government
1520	to evaluate an application may be claimed by the local
1521	government as cause for a statement of inconsistency with
1522	existing land use plans and zoning ordinances under s.
1523	403.50665.
1524	(b)  Notice of the land use hearing shall be published in
1525	accordance with the requirements of s. 403.5115.
1526	(c)(2)  The sole issue for determination at the land use
1527	hearing shall be whether or not the proposed site is consistent
1528	and in compliance with existing land use plans and zoning
1529	ordinances. If the administrative law judge concludes that the
1530	proposed site is not consistent or in compliance with existing
1531	land use plans and zoning ordinances, the administrative law
1532	judge shall receive at the hearing evidence on, and address in
1533	the recommended order any changes to or approvals or variances
1534	under, the applicable land use plans or zoning ordinances which
1535	will render the proposed site consistent and in compliance with
1536	the local land use plans and zoning ordinances.
1537	(d)  The designated administrative law judge's recommended
1538	order shall be issued within 30 days after completion of the
1539	hearing and shall be reviewed by the board within 60 45 days
1540	after receipt of the recommended order by the board.
1541	(e)  If it is determined by the board that the proposed
1542	site does conform with existing land use plans and zoning
1543	ordinances in effect as of the date of the application, or as
1544	otherwise provided by this act, the responsible zoning or
1545	planning authority shall not thereafter change such land use
1546	plans or zoning ordinances so as to foreclose construction and
1547	operation of affect the proposed electrical power plant on the
1548	proposed site or directly associated facilities unless
1549	certification is subsequently denied or withdrawn.
1550	(f)  If it is determined by the board that the proposed
1551	site does not conform with existing land use plans and zoning
1552	ordinances, it shall be the responsibility of the applicant to
1553	make the necessary application for rezoning. Should the
1554	application for rezoning be denied, the applicant may appeal
1555	this decision to the board, which may, if it determines after
1556	notice and hearing and upon consideration of the recommended
1557	order on land use and zoning issues that it is in the public
1558	interest to authorize the use of the land as a site for an
1559	electrical power plant, authorize an amendment, rezoning,
1560	variance, or other approval a variance to the adopted land use
1561	plan and zoning ordinances required to render the proposed site
1562	consistent with local land use plans and zoning ordinances. The
1563	board's action shall not be controlled by any other procedural
1564	requirements of law. In the event a variance or other approval
1565	is denied by the board, it shall be the responsibility of the
1566	applicant to make the necessary application for any approvals
1567	determined by the board as required to make the proposed site
1568	consistent and in compliance with local land use plans and
1569	zoning ordinances. No further action may be taken on the
1570	complete application by the department until the proposed site
1571	conforms to the adopted land use plan or zoning ordinances or
1572	the board grants relief as provided under this act.
1573	(2)(a)(3)  A certification hearing shall be held by the
1574	designated administrative law judge no later than 265 300 days
1575	after the complete application is filed with the department;
1576	however, an affirmative determination of need by the Public
1577	Service Commission pursuant to s. 403.519 shall be a condition
1578	precedent to the conduct of the certification hearing. The
1579	certification hearing shall be held at a location in proximity
1580	to the proposed site. The certification hearing shall also
1581	constitute the sole hearing allowed by chapter 120 to determine
1582	the substantial interest of a party regarding any required
1583	agency license or any related permit required pursuant to any
1584	federally delegated or approved permit program. At the
1585	conclusion of the certification hearing, the designated
1586	administrative law judge shall, after consideration of all
1587	evidence of record, submit to the board a recommended order no
1588	later than 45 60 days after the filing of the hearing
1589	transcript. In the event the administrative law judge fails to
1590	issue a recommended order within 60 days after the filing of the
1591	hearing transcript, the administrative law judge shall submit a
1592	report to the board with a copy to all parties within 60 days
1593	after the filing of the hearing transcript to advise the board
1594	of the reason for the delay in the issuance of the recommended
1595	order and of the date by which the recommended order will be
1596	issued.
1597	(b)  Notice of the certification hearing and notice of the
1598	deadline for filing of notice of intent to be a party shall be
1599	made in accordance with the requirements of s. 403.5115.
1600	(3)(a)(4)(a)  Parties to the proceeding shall include:
1601	1.  The applicant.
1602	2.  The Public Service Commission.
1603	3.  The Department of Community Affairs.
1604	4.  The Fish and Wildlife Conservation Commission.
1605	5.  The water management district.
1606	6.  The department.
1607	7.  The regional planning council.
1608	8.  The local government.
1609	9.  The Department of Transportation.
1610	(b)  Any party listed in paragraph (a) other than the
1611	department or the applicant may waive its right to participate
1612	in these proceedings. If such listed party fails to file a
1613	notice of its intent to be a party on or before the 90th day
1614	prior to the certification hearing, such party shall be deemed
1615	to have waived its right to be a party.
1616	(c)  Notwithstanding the provisions of chapter 120, upon
1617	the filing with the administrative law judge of a notice of
1618	intent to be a party no later than 75 days after the application
1619	is filed at least 15 days prior to the date of the land use
1620	hearing, the following shall also be parties to the proceeding:
1621	1.  Any agency not listed in paragraph (a) as to matters
1622	within its jurisdiction.
1623	2.  Any domestic nonprofit corporation or association
1624	formed, in whole or in part, to promote conservation or natural
1625	beauty; to protect the environment, personal health, or other
1626	biological values; to preserve historical sites; to promote
1627	consumer interests; to represent labor, commercial, or
1628	industrial groups; or to promote comprehensive planning or
1629	orderly development of the area in which the proposed electrical
1630	power plant is to be located.
1631	(d)  Notwithstanding paragraph (e), failure of an agency
1632	described in subparagraph (c)1. to file a notice of intent to be
1633	a party within the time provided herein shall constitute a
1634	waiver of the right of that agency to participate as a party in
1635	the proceeding.
1636	(e)  Other parties may include any person, including those
1637	persons enumerated in paragraph (c) who have failed to timely
1638	file a notice of intent to be a party, whose substantial
1639	interests are affected and being determined by the proceeding
1640	and who timely file a motion to intervene pursuant to chapter
1641	120 and applicable rules. Intervention pursuant to this
1642	paragraph may be granted at the discretion of the designated
1643	administrative law judge and upon such conditions as he or she
1644	may prescribe any time prior to 30 days before the commencement
1645	of the certification hearing.
1646	(f)  Any agency, including those whose properties or works
1647	are being affected pursuant to s. 403.509(4), shall be made a
1648	party upon the request of the department or the applicant.
1649	(4)(a)  The order of presentation at the certification
1650	hearing, unless otherwise changed by the administrative law
1651	judge to ensure the orderly presentation of witnesses and
1652	evidence, shall be:
1653	1.  The applicant.
1654	2.  The department.
1655	3.  State agencies.
1656	4.  Regional agencies, including regional planning councils
1657	and water management districts.
1658	5.  Local governments.
1659	6.  Other parties.
1660	(b)(5)  When appropriate, any person may be given an
1661	opportunity to present oral or written communications to the
1662	designated administrative law judge. If the designated
1663	administrative law judge proposes to consider such
1664	communications, then all parties shall be given an opportunity
1665	to cross-examine or challenge or rebut such communications.
1666	(5)  At the conclusion of the certification hearing, the
1667	designated administrative law judge shall, after consideration
1668	of all evidence of record, submit to the board a recommended
1669	order no later than 45 days after the filing of the hearing
1670	transcript.
1671	(6)(a)  No earlier than 29 days prior to the conduct of the
1672	certification hearing, the department or the applicant may
1673	request that the administrative law judge cancel the
1674	certification hearing and relinquish jurisdiction to the
1675	department if all parties to the proceeding stipulate that there
1676	are no disputed issues of fact or law to be raised at the
1677	certification hearing, and if sufficient time remains for the
1678	applicant and the department to publish public notices of the
1679	cancellation of the hearing at least 3 days prior to the
1680	scheduled date of the hearing.
1681	(b)  The administrative law judge shall issue an order
1682	granting or denying the request within 5 days after receipt of
1683	the request.
1684	(c)  If the administrative law judge grants the request,
1685	the department and the applicant shall publish notices of the
1686	cancellation of the certification hearing, in accordance with s.
1687	403.5115.
1688	(d)1.  If the administrative law judge grants the request,
1689	the department shall prepare and issue a final order in
1690	accordance with s. 403.509(1)(a).
1691	2.  Parties may submit proposed recommended orders to the
1692	department no later than 10 days after the administrative law
1693	judge issues an order relinquishing jurisdiction.
1694	(7)  The applicant shall pay those expenses and costs
1695	associated with the conduct of the hearings and the recording
1696	and transcription of the proceedings.
1697	(6)  The designated administrative law judge shall have all
1698	powers and duties granted to administrative law judges by
1699	chapter 120 and this chapter and by the rules of the department
1700	and the Administration Commission, including the authority to
1701	resolve disputes over the completeness and sufficiency of an
1702	application for certification.
1703	(7)  The order of presentation at the certification
1704	hearing, unless otherwise changed by the administrative law
1705	judge to ensure the orderly presentation of witnesses and
1706	evidence, shall be:
1707	(a)  The applicant.
1708	(b)  The department.
1709	(c)  State agencies.
1710	(d)  Regional agencies, including regional planning
1711	councils and water management districts.
1712	(e)  Local governments.
1713	(f)  Other parties.
1714	(8)  In issuing permits under the federally approved new
1715	source review or prevention of significant deterioration permit
1716	program, the department shall observe the procedures specified
1717	under the federally approved state implementation plan,
1718	including public notice, public comment, public hearing, and
1719	notice of applications and amendments to federal, state, and
1720	local agencies, to assure that all such permits issued in
1721	coordination with the certification of a power plant under this
1722	act are federally enforceable and are issued after opportunity
1723	for informed public participation regarding the terms and
1724	conditions thereof. When possible, any hearing on a federally
1725	approved or delegated program permit such as new source review,
1726	prevention of significant deterioration permit, or NPDES permit
1727	shall be conducted in conjunction with the certification hearing
1728	held under this act. The department shall accept written comment
1729	with respect to an application for, or the department's
1730	preliminary determination on, a new source review or prevention
1731	of significant deterioration permit for a period of no less than
1732	30 days from the date notice of such action is published. Upon
1733	request submitted within 30 days after published notice, the
1734	department shall hold a public meeting, in the area affected,
1735	for the purpose of receiving public comment on issues related to
1736	the new source review or prevention of significant deterioration
1737	permit. If requested following notice of the department's
1738	preliminary determination, the public meeting to receive public
1739	comment shall be held prior to the scheduled certification
1740	hearing. The department shall also solicit comments from the
1741	United States Environmental Protection Agency and other affected
1742	federal agencies regarding the department's preliminary
1743	determination for any federally required new source review or
1744	prevention of significant deterioration permit. It is the intent
1745	of the Legislature that the review, processing, and issuance of
1746	such federally delegated or approved permits be closely
1747	coordinated with the certification process established under
1748	this part. In the event of a conflict between the certification
1749	process and federally required procedures contained in the state
1750	implementation plan, the applicable federal requirements of the
1751	implementation plan shall control.
1752	Section 30.  Section 403.509, Florida Statutes, is amended
1753	to read:
1754	403.509  Final disposition of application.--
1755	(1)(a)  If the administrative law judge has granted a
1756	request to cancel the certification hearing and has relinquished
1757	jurisdiction to the department under the provisions of s.
1758	403.508(6), within 40 days thereafter, the secretary of the
1759	department shall act upon the application by written order in
1760	accordance with the terms of this act and the stipulation of the
1761	parties in requesting cancellation of the certification hearing.
1762	(b)  If the administrative law judge has not granted a
1763	request to cancel the certification hearing under the provisions
1764	of s. 403.508(6), within 60 days after receipt of the designated
1765	administrative law judge's recommended order, the board shall
1766	act upon the application by written order, approving
1767	certification or denying certification the issuance of a
1768	certificate, in accordance with the terms of this act, and
1769	stating the reasons for issuance or denial. If certification the
1770	certificate is denied, the board shall set forth in writing the
1771	action the applicant would have to take to secure the board's
1772	approval of the application.
1773	(2)  The issues that may be raised in any hearing before
1774	the board shall be limited to those matters raised in the
1775	certification proceeding before the administrative law judge or
1776	raised in the recommended order. All parties, or their
1777	representatives, or persons who appear before the board shall be
1778	subject to the provisions of s. 120.66.
1779	(3)  In determining whether an application should be
1780	approved in whole, approved with modifications or conditions, or
1781	denied, the board, or secretary when applicable, shall consider
1782	whether, and the extent to which, the location of the electrical
1783	power plant and directly associated facilities and their
1784	construction and operation will:
1785	(a)  Provide reasonable assurance that operational
1786	safeguards are technically sufficient for the public welfare and
1787	protection.
1788	(b)  Comply with applicable nonprocedural requirements of
1789	agencies.
1790	(c)  Be consistent with applicable local government
1791	comprehensive plans and land development regulations.
1792	(d)  Meet the electrical energy needs of the state in an
1793	orderly and timely fashion.
1794	(e)  Provide a reasonable balance between the need for the
1795	facility as established pursuant to s. 403.519, and the impacts
1796	upon air and water quality, fish and wildlife, water resources,
1797	and other natural resources of the state resulting from the
1798	construction and operation of the facility.
1799	(f)  Minimize, through the use of reasonable and available
1800	methods, the adverse effects on human health, the environment,
1801	and the ecology of the land and its wildlife and the ecology of
1802	state waters and their aquatic life.
1803	(g)  Serve and protect the broad interests of the public.
1804	(3)  Within 30 days after issuance of the certification,
1805	the department shall issue and forward to the United States
1806	Environmental Protection Agency a proposed operation permit for
1807	a major source of air pollution and must issue or deny any other
1808	license required pursuant to any federally delegated or approved
1809	permit program. The department's action on the license and its
1810	action on the proposed operation permit for a major source of
1811	air pollution shall be based upon the record and recommended
1812	order of the certification hearing. The department's actions on
1813	a federally required new source review or prevention of
1814	significant deterioration permit shall be based on the record
1815	and recommended order of the certification hearing and of any
1816	other proceeding held in connection with the application for a
1817	new source review or prevention of significant deterioration
1818	permit, on timely public comments received with respect to the
1819	application or preliminary determination for such permit, and on
1820	the provisions of the state implementation plan.
1821	(4)  The department's action on a federally required new
1822	source review or prevention of significant deterioration permit
1823	shall differ from the actions taken by the siting board
1824	regarding the certification if the federally approved state
1825	implementation plan requires such a different action to be taken
1826	by the department. Nothing in this part shall be construed to
1827	displace the department's authority as the final permitting
1828	entity under the federally approved permit program. Nothing in
1829	this part shall be construed to authorize the issuance of a new
1830	source review or prevention of significant deterioration permit
1831	which does not conform to the requirements of the federally
1832	approved state implementation plan. Any final operation permit
1833	for a major source of air pollution must be issued in accordance
1834	with the provisions of s. 403.0872. Unless the federally
1835	delegated or approved permit program provides otherwise,
1836	licenses issued by the department under this subsection shall be
1837	effective for the term of the certification issued by the board.
1838	If renewal of any license issued by the department pursuant to a
1839	federally delegated or approved permit program is required, such
1840	renewal shall not affect the certification issued by the board,
1841	except as necessary to resolve inconsistencies pursuant to s.
1842	403.516(1)(a).
1843	(5)(4)  In regard to the properties and works of any agency
1844	which is a party to the certification hearing, the board shall
1845	have the authority to decide issues relating to the use, the
1846	connection thereto, or the crossing thereof, for the electrical
1847	power plant and directly associated facilities site and to
1848	direct any such agency to execute, within 30 days after the
1849	entry of certification, the necessary license or easement for
1850	such use, connection, or crossing, subject only to the
1851	conditions set forth in such certification. However, the
1852	applicant shall seek any necessary interest in state lands the
1853	title to which is vested in the Board of Trustees of the
1854	Internal Improvement Trust Fund from the Board of Trustees or
1855	from the governing board of the water management district
1856	created pursuant to chapter 373 before, during, or after the
1857	certification proceeding, and certification may be made
1858	contingent upon issuance of the appropriate interest. Neither
1859	the applicant nor any party to the certification proceeding may
1860	directly or indirectly raise or relitigate any matter that was
1861	or could have been an issue in the certification proceeding in
1862	any proceeding before the Board of Trustees of the Internal
1863	Improvement Trust Fund wherein the applicant is seeking
1864	necessary interest in state lands, but the information presented
1865	in the certification proceeding shall be available for review by
1866	the Board of Trustees and its staff.
1867	(6)(5)  Except as specified in subsection (4) for the
1868	issuance of any operation permit for a major source of air
1869	pollution pursuant to s. 403.0872, the issuance or denial of the
1870	certification by the board or secretary of the department and
1871	the issuance or denial of any related department license
1872	required pursuant to any federally delegated or approved permit
1873	program shall be the final administrative action required as to
1874	that application.
1875	(6)  All certified electrical power plants must apply for
1876	and obtain a major source air-operation permit pursuant to s.
1877	403.0872. Major source air-operation permit applications for
1878	certified electrical power plants must be submitted pursuant to
1879	a schedule developed by the department. To the extent that any
1880	conflicting provision, limitation, or restriction under any
1881	rule, regulation, or ordinance imposed by any political
1882	subdivision of the state, or by any local pollution control
1883	program, was superseded during the certification process
1884	pursuant to s. 403.510(1), such rule, regulation, or ordinance
1885	shall continue to be superseded for purposes of the major source
1886	air-operation permit program under s. 403.0872.
1887	Section 31.  Section 403.511, Florida Statutes, is amended
1888	to read:
1889	403.511  Effect of certification.--
1890	(1)  Subject to the conditions set forth therein, any
1891	certification signed by the Governor shall constitute the sole
1892	license of the state and any agency as to the approval of the
1893	site and the construction and operation of the proposed
1894	electrical power plant, except for the issuance of department
1895	licenses required under any federally delegated or approved
1896	permit program and except as otherwise provided in subsection
1897	(4).
1898	(2)(a)  The certification shall authorize the licensee
1899	applicant named therein to construct and operate the proposed
1900	electrical power plant, subject only to the conditions of
1901	certification set forth in such certification, and except for
1902	the issuance of department licenses or permits required under
1903	any federally delegated or approved permit program.
1904	(b)1.  Except as provided in subsection (4), the
1905	certification may include conditions which constitute variances,
1906	exemptions, or exceptions from nonprocedural requirements of the
1907	department or any agency which were expressly considered during
1908	the proceeding, including, but not limited to, any site specific
1909	criteria, standards, or limitations under local land use and
1910	zoning approvals which affect the proposed electrical power
1911	plant or its site, unless waived by the agency as provided below
1912	and which otherwise would be applicable to the construction and
1913	operation of the proposed electrical power plant.
1914	2.  No variance, exemption, exception, or other relief
1915	shall be granted from a state statute or rule for the protection
1916	of endangered or threatened species, aquatic preserves,
1917	Outstanding National Resource Waters, or Outstanding Florida
1918	Waters or for the disposal of hazardous waste, except to the
1919	extent authorized by the applicable statute or rule or except
1920	upon a finding in the certification order by the siting board
1921	that the public interests set forth in s. 403.509(3) 403.502 in
1922	certifying the electrical power plant at the site proposed by
1923	the applicant overrides the public interest protected by the
1924	statute or rule from which relief is sought. Each party shall
1925	notify the applicant and other parties at least 60 days prior to
1926	the certification hearing of any nonprocedural requirements not
1927	specifically listed in the application from which a variance,
1928	exemption, exception, or other relief is necessary in order for
1929	the board to certify any electrical power plant proposed for
1930	certification. Failure of such notification by an agency shall
1931	be treated as a waiver from nonprocedural requirements of the
1932	department or any other agency. However, no variance shall be
1933	granted from standards or regulations of the department
1934	applicable under any federally delegated or approved permit
1935	program, except as expressly allowed in such program.
1936	(3)  The certification and any order on land use and zoning
1937	issued under this act shall be in lieu of any license, permit,
1938	certificate, or similar document required by any state,
1939	regional, or local agency pursuant to, but not limited to,
1940	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
1941	chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
1942	chapter 380, chapter 381, chapter 387, chapter 403, except for
1943	permits issued pursuant to any federally delegated or approved
1944	permit program s. 403.0885 and except as provided in s.
1945	403.509(3) and (6), chapter 404, or the Florida Transportation
1946	Code, or 33 U.S.C. s. 1341.
1947	(4)  This act shall not affect in any way the ratemaking
1948	powers of the Public Service Commission under chapter 366; nor
1949	shall this act in any way affect the right of any local
1950	government to charge appropriate fees or require that
1951	construction be in compliance with applicable building
1952	construction codes.
1953	(5)(a)  An electrical power plant certified pursuant to
1954	this act shall comply with rules adopted by the department
1955	subsequent to the issuance of the certification which prescribe
1956	new or stricter criteria, to the extent that the rules are
1957	applicable to electrical power plants. Except when express
1958	variances, exceptions, exemptions, or other relief have been
1959	granted, subsequently adopted rules which prescribe new or
1960	stricter criteria shall operate as automatic modifications to
1961	certifications.
1962	(b)  Upon written notification to the department, any
1963	holder of a certification issued pursuant to this act may choose
1964	to operate the certified electrical power plant in compliance
1965	with any rule subsequently adopted by the department which
1966	prescribes criteria more lenient than the criteria required by
1967	the terms and conditions in the certification which are not
1968	site-specific.
1969	(c)  No term or condition of certification shall be
1970	interpreted to preclude the postcertification exercise by any
1971	party of whatever procedural rights it may have under chapter
1972	120, including those related to rulemaking proceedings. This
1973	subsection shall apply to previously issued certifications.
1974	(6)  No term or condition of a site certification shall be
1975	interpreted to supersede or control the provisions of a final
1976	operation permit for a major source of air pollution issued by
1977	the department pursuant to s. 403.0872 to a such facility
1978	certified under this part.
1979	(7)  Pursuant to s. 380.23, electrical power plants are
1980	subject to the federal coastal consistency review program.
1981	Issuance of certification shall constitute the state's
1982	certification of coastal zone consistency.
1983	Section 32.  Section 403.5112, Florida Statutes, is created
1984	to read:
1985	403.5112  Filing of notice of certified corridor route.--
1986	(1)  Within 60 days after certification of a directly
1987	associated linear facility pursuant to this act, the applicant
1988	shall file, in accordance with s. 28.222, with the department
1989	and the clerk of the circuit court for each county through which
1990	the corridor will pass, a notice of the certified route.
1991	(2)  The notice shall consist of maps or aerial photographs
1992	in the scale of 1:24,000 which clearly show the location of the
1993	certified route and shall state that the certification of the
1994	corridor will result in the acquisition of rights-of-way within
1995	the corridor. Each clerk shall record the filing in the official
1996	record of the county for the duration of the certification or
1997	until such time as the applicant certifies to the department and
1998	the clerk that all lands required for the transmission line
1999	rights-of-way within the corridor have been acquired within such
2000	county, whichever is sooner.
2001	Section 33.  Section 403.5113, Florida Statutes, is created
2002	to read:
2003	403.5113  Postcertification amendments.--
2004	(1)  If, subsequent to certification by the board, a
2005	licensee proposes any material change to the application and
2006	revisions or amendments thereto, as certified, the licensee
2007	shall submit a written request for amendment and a description
2008	of the proposed change to the application to the department.
2009	Within 30 days after the receipt of the request for the
2010	amendment, the department shall determine whether the proposed
2011	change to the application requires a modification of the
2012	conditions of certification.
2013	(2)  If the department concludes that the change would not
2014	require a modification of the conditions of certification, the
2015	department shall provide written notification of the approval of
2016	the proposed amendment to the licensee, all agencies, and all
2017	other parties.
2018	(3)  If the department concludes that the change would
2019	require a modification of the conditions of certification, the
2020	department shall provide written notification to the licensee
2021	that the proposed change to the application requires a request
2022	for modification pursuant to s. 403.516.
2023	Section 34.  Section 403.5115, Florida Statutes, is amended
2024	to read:
2025	403.5115  Public notice; costs of proceeding.--
2026	(1)  The following notices are to be published by the
2027	applicant:
2028	(a)  Notice A notice of the filing of a notice of intent
2029	under s. 403.5063, which shall be published within 21 days after
2030	the filing of the notice. The notice shall be published as
2031	specified by subsection (2), except that the newspaper notice
2032	shall be one-fourth page in size in a standard size newspaper or
2033	one-half page in size in a tabloid size newspaper.
2034	(b)  Notice A notice of filing of the application, which
2035	shall include a description of the proceedings required by this
2036	act, within 21 days after the date of the application filing be
2037	published as specified in subsection (2), within 15 days after
2038	the application has been determined complete. Such notice shall
2039	give notice of the provisions of s. 403.511(1) and (2) and that
2040	the application constitutes a request for a federally required
2041	new source review or prevention of significant deterioration
2042	permit.
2043	(c)  Notice of the land use determination made pursuant to
2044	s. 403.50665(1) within 15 days after the determination is filed.
2045	(d)  Notice of the land use hearing, which shall be
2046	published as specified in subsection (2), no later than 15 45
2047	days before the hearing.
2048	(e)(d)  Notice of the certification hearing and notice of
2049	the deadline for filing notice of intent to be a party, which
2050	shall be published as specified in subsection (2), at least 65
2051	days before the date set for the certification no later than 45
2052	days before the hearing.
2053	(f)  Notice of the cancellation of the certification
2054	hearing, if applicable, no later than 3 days before the date of
2055	the originally scheduled certification hearing.
2056	(g)(e)  Notice of modification when required by the
2057	department, based on whether the requested modification of
2058	certification will significantly increase impacts to the
2059	environment or the public. Such notice shall be published as
2060	specified under subsection (2):
2061	1.  Within 21 days after receipt of a request for
2062	modification., except that The newspaper notice shall be of a
2063	size as directed by the department commensurate with the scope
2064	of the modification.
2065	2.  If a hearing is to be conducted in response to the
2066	request for modification, then notice shall be published no
2067	later than 30 days before the hearing provided as specified in
2068	paragraph (d).
2069	(h)(f)  Notice of a supplemental application, which shall
2070	be published as specified in paragraph (b) and subsection
2071	(2).follows:
2072	1.  Notice of receipt of the supplemental application shall
2073	be published as specified in paragraph (b).
2074	2.  Notice of the certification hearing shall be published
2075	as specified in paragraph (d).
2076	(i)  Notice of existing site certification pursuant to s.
2077	403.5175. Notices shall be published as specified in paragraph
2078	(b) and subsection (2).
2079	(2)  Notices provided by the applicant shall be published
2080	in newspapers of general circulation within the county or
2081	counties in which the proposed electrical power plant will be
2082	located. The newspaper notices shall be at least one-half page
2083	in size in a standard size newspaper or a full page in a tabloid
2084	size newspaper and published in a section of the newspaper other
2085	than the legal notices section. These notices shall include a
2086	map generally depicting the project and all associated
2087	facilities corridors. A newspaper of general circulation shall
2088	be the newspaper which has the largest daily circulation in that
2089	county and has its principal office in that county. If the
2090	newspaper with the largest daily circulation has its principal
2091	office outside the county, the notices shall appear in both the
2092	newspaper having the largest circulation in that county and in a
2093	newspaper authorized to publish legal notices in that county.
2094	(3)  All notices published by the applicant shall be paid
2095	for by the applicant and shall be in addition to the application
2096	fee.
2097	(4)  The department shall arrange for publication of the
2098	following notices in the manner specified by chapter 120 and
2099	provide copies of those notices to any persons who have
2100	requested to be placed on the departmental mailing list for this
2101	purpose:
2102	(a)  Notice Publish in the Florida Administrative Weekly
2103	notices of the filing of the notice of intent within 15 days
2104	after receipt of the notice.;
2105	(b)  Notice of the filing of the application, no later than
2106	21 days after the application filing.;
2107	(c)  Notice of the land use determination made pursuant to
2108	s. 403.50665(1) within 15 days after the determination is filed.
2109	(d)  Notice of the land use hearing before the
2110	administrative law judge, if applicable, no later than 15 days
2111	before the hearing.;
2112	(e)  Notice of the land use hearing before the board, if
2113	applicable.
2114	(f)  Notice of the certification hearing at least 45 days
2115	before the date set for the certification hearing.;
2116	(g)  Notice of the cancellation of the certification
2117	hearing, if applicable, no later than 3 days prior to the date
2118	of the originally scheduled certification hearing.
2119	(h)  Notice of the hearing before the board, if
2120	applicable.;
2121	(i)  Notice and of stipulations, proposed agency action, or
2122	petitions for modification.; and
2123	(b)  Provide copies of those notices to any persons who
2124	have requested to be placed on the departmental mailing list for
2125	this purpose.
2126	(5)  The applicant shall pay those expenses and costs
2127	associated with the conduct of the hearings and the recording
2128	and transcription of the proceedings.
2129	Section 35.  Section 403.513, Florida Statutes, is amended
2130	to read:
2131	403.513  Review.--Proceedings under this act shall be
2132	subject to judicial review as provided in chapter 120. When
2133	possible, separate appeals of the certification order issued by
2134	the board and of any department permit issued pursuant to a
2135	federally delegated or approved permit program may shall be
2136	consolidated for purposes of judicial review.
2137	Section 36.  Section 403.516, Florida Statutes, is amended
2138	to read:
2139	403.516  Modification of certification.--
2140	(1)  A certification may be modified after issuance in any
2141	one of the following ways:
2142	(a)  The board may delegate to the department the authority
2143	to modify specific conditions in the certification.
2144	(b)1.  The department may modify specific conditions of a
2145	site certification which are inconsistent with the terms of any
2146	federally delegated or approved final air pollution operation
2147	permit for the certified electrical power plant issued by the
2148	United States Environmental Protection Agency under the terms of
2149	42 U.S.C. s. 7661d.
2150	2.  Such modification may be made without further notice if
2151	the matter has been previously noticed under the requirements
2152	for any federally delegated or approved permit program.
2153	(c)  The licensee may file a petition for modification with
2154	the department, or the department may initiate the modification
2155	upon its own initiative.
2156	1.  A petition for modification must set forth:
2157	a.  The proposed modification.
2158	b.  The factual reasons asserted for the modification.
2159	c.  The anticipated environmental effects of the proposed
2160	modification.
2161	2.(b)  The department may modify the terms and conditions
2162	of the certification if no party to the certification hearing
2163	objects in writing to such modification within 45 days after
2164	notice by mail to such party's last address of record, and if no
2165	other person whose substantial interests will be affected by the
2166	modification objects in writing within 30 days after issuance of
2167	public notice.
2168	3.  If objections are raised or the department denies the
2169	request, the applicant or department may file a request petition
2170	for a hearing on the modification with the department. Such
2171	request shall be handled pursuant to chapter 120 paragraph (c).
2172	(c)  A petition for modification may be filed by the
2173	applicant or the department setting forth:
2174	1.  The proposed modification,
2175	2.  The factual reasons asserted for the modification, and
2176	3.  The anticipated effects of the proposed modification on
2177	the applicant, the public, and the environment.
2178
2179	The petition for modification shall be filed with the department
2180	and the Division of Administrative Hearings.
2181	4.  Requests referred to the Division of Administrative
2182	Hearings shall be disposed of in the same manner as an
2183	application, but with time periods established by the
2184	administrative law judge commensurate with the significance of
2185	the modification requested.
2186	(d)  As required by s. 403.511(5).
2187	(2)  Petitions filed pursuant to paragraph (1)(c) shall be
2188	disposed of in the same manner as an application, but with time
2189	periods established by the administrative law judge commensurate
2190	with the significance of the modification requested.
2191	(2)(3)  Any agreement or modification under this section
2192	must be in accordance with the terms of this act. No
2193	modification to a certification shall be granted that
2194	constitutes a variance from standards or regulations of the
2195	department applicable under any federally delegated or approved
2196	permit program, except as expressly allowed in such program.
2197	Section 37.  Section 403.517, Florida Statutes, is amended
2198	to read:
2199	403.517  Supplemental applications for sites certified for
2200	ultimate site capacity.--
2201	(1)(a)  Supplemental The department shall adopt rules
2202	governing the processing of supplemental applications may be
2203	submitted for certification of the construction and operation of
2204	electrical power plants to be located at sites which have been
2205	previously certified for an ultimate site capacity pursuant to
2206	this act. Supplemental applications shall be limited to
2207	electrical power plants using the fuel type previously certified
2208	for that site. Such applications shall include all new directly
2209	associated facilities that support the construction and
2210	operation of the electrical power plant. The rules adopted
2211	pursuant to this section shall include provisions for:
2212	1.  Prompt appointment of a designated administrative law
2213	judge.
2214	2.  The contents of the supplemental application.
2215	3.  Resolution of disputes as to the completeness and
2216	sufficiency of supplemental applications by the designated
2217	administrative law judge.
2218	4.  Public notice of the filing of the supplemental
2219	applications.
2220	5.  Time limits for prompt processing of supplemental
2221	applications.
2222	6.  Final disposition by the board within 215 days of the
2223	filing of a complete supplemental application.
2224	(b)  The review shall use the same procedural steps and
2225	notices as for an initial application.
2226	(c)  The time limits for the processing of a complete
2227	supplemental application shall be designated by the department
2228	commensurate with the scope of the supplemental application, but
2229	shall not exceed any time limitation governing the review of
2230	initial applications for site certification pursuant to this
2231	act, it being the legislative intent to provide shorter time
2232	limitations for the processing of supplemental applications for
2233	electrical power plants to be constructed and operated at sites
2234	which have been previously certified for an ultimate site
2235	capacity.
2236	(d)(c)  Any time limitation in this section or in rules
2237	adopted pursuant to this section may be altered pursuant to s.
2238	403.5095 by the designated administrative law judge upon
2239	stipulation between the department and the applicant, unless
2240	objected to by any party within 5 days after notice, or for good
2241	cause shown by any party. The parties to the proceeding shall
2242	adhere to the provisions of chapter 120 and this act in
2243	considering and processing such supplemental applications.
2244	(2)  Supplemental applications shall be reviewed as
2245	provided in ss. 403.507-403.511, except that the time limits
2246	provided in this section shall apply to such supplemental
2247	applications.
2248	(3)  The land use and zoning consistency determination of
2249	s. 403.50665 hearing requirements of s. 403.508(1) and (2) shall
2250	not be applicable to the processing of supplemental applications
2251	pursuant to this section so long as:
2252	(a)  The previously certified ultimate site capacity is not
2253	exceeded; and
2254	(b)  The lands required for the construction or operation
2255	of the electrical power plant which is the subject of the
2256	supplemental application are within the boundaries of the
2257	previously certified site.
2258	(4)  For the purposes of this act, the term "ultimate site
2259	capacity" means the maximum generating capacity for a site as
2260	certified by the board.
2261	Section 38.  Section 403.5175, Florida Statutes, is amended
2262	to read:
2263	403.5175  Existing electrical power plant site
2264	certification.--
2265	(1)  An electric utility that owns or operates an existing
2266	electrical power plant as defined in s. 403.503(12) may apply
2267	for certification of an existing power plant and its site in
2268	order to obtain all agency licenses necessary to ensure assure
2269	compliance with federal or state environmental laws and
2270	regulation using the centrally coordinated, one-stop licensing
2271	process established by this part. An application for site
2272	certification under this section must be in the form prescribed
2273	by department rule. Applications must be reviewed and processed
2274	using the same procedural steps and notices as for an
2275	application for a new facility in accordance with ss. 403.5064-
2276	403.5115, except that a determination of need by the Public
2277	Service Commission is not required.
2278	(2)  An application for certification under this section
2279	must include:
2280	(a)  A description of the site and existing power plant
2281	installations;
2282	(b)  A description of all proposed changes or alterations
2283	to the site or electrical power plant, including all new
2284	associated facilities that are the subject of the application;
2285	(c)  A description of the environmental and other impacts
2286	caused by the existing utilization of the site and directly
2287	associated facilities, and the operation of the electrical power
2288	plant that is the subject of the application, and of the
2289	environmental and other benefits, if any, to be realized as a
2290	result of the proposed changes or alterations if certification
2291	is approved and such other information as is necessary for the
2292	reviewing agencies to evaluate the proposed changes and the
2293	expected impacts;
2294	(d)  The justification for the proposed changes or
2295	alterations;
2296	(e)  Copies of all existing permits, licenses, and
2297	compliance plans authorizing utilization of the site and
2298	directly associated facilities or operation of the electrical
2299	power plant that is the subject of the application.
2300	(3)  The land use and zoning determination hearing
2301	requirements of s. 403.50665 s. 403.508(1) and (2) do not apply
2302	to an application under this section if the applicant does not
2303	propose to expand the boundaries of the existing site. If the
2304	applicant proposes to expand the boundaries of the existing site
2305	to accommodate portions of the plant or associated facilities, a
2306	land use and zoning determination shall be made hearing must be
2307	held as specified in s. 403.50665 s. 403.508(1) and (2);
2308	provided, however, that the sole issue for determination through
2309	the land use hearing is whether the proposed site expansion is
2310	consistent and in compliance with the existing land use plans
2311	and zoning ordinances.
2312	(4)  In considering whether an application submitted under
2313	this section should be approved in whole, approved with
2314	appropriate conditions, or denied, the board shall consider
2315	whether, and to the extent to which the proposed changes to the
2316	electrical power plant and its continued operation under
2317	certification will:
2318	(a)  Comply with the provisions of s. 403.509(3).
2319	applicable nonprocedural requirements of agencies;
2320	(b)  Result in environmental or other benefits compared to
2321	current utilization of the site and operations of the electrical
2322	power plant if the proposed changes or alterations are
2323	undertaken.;
2324	(c)  Minimize, through the use of reasonable and available
2325	methods, the adverse effects on human health, the environment,
2326	and the ecology of the land and its wildlife and the ecology of
2327	state waters and their aquatic life; and
2328	(d)  Serve and protect the broad interests of the public.
2329	(5)  An applicant's failure to receive approval for
2330	certification of an existing site or an electrical power plant
2331	under this section is without prejudice to continued operation
2332	of the electrical power plant or site under existing agency
2333	licenses.
2334	Section 39.  Section 403.518, Florida Statutes, is amended
2335	to read:
2336	403.518  Fees; disposition.--
2337	(1)  The department shall charge the applicant the
2338	following fees, as appropriate, which, unless otherwise
2339	specified, shall be paid into the Florida Permit Fee Trust Fund:
2340	(1)(a)  A fee for a notice of intent pursuant to s.
2341	403.5063, in the amount of $2,500, to be submitted to the
2342	department at the time of filing of a notice of intent. The
2343	notice-of-intent fee shall be used and disbursed in the same
2344	manner as the application fee.
2345	(2)(b)  An application fee, which shall not exceed
2346	$200,000. The fee shall be fixed by rule on a sliding scale
2347	related to the size, type, ultimate site capacity, or increase
2348	in electrical generating capacity proposed by the application,
2349	or the number and size of local governments in whose
2350	jurisdiction the electrical power plant is located.
2351	(a)1.  Sixty percent of the fee shall go to the department
2352	to cover any costs associated with coordinating the review
2353	reviewing and acting upon the application, to cover any field
2354	services associated with monitoring construction and operation
2355	of the facility, and to cover the costs of the public notices
2356	published by the department.
2357	(b)2.  The following percentages Twenty percent of the fee
2358	or $25,000, whichever is greater, shall be transferred to the
2359	Administrative Trust Fund of the Division of Administrative
2360	Hearings of the Department of Management Services:.
2361	1.  Five percent to compensate expenses from the initial
2362	exercise of duties associated with the filing of an application.
2363	2.  An additional 5 percent if a land use hearing is held
2364	pursuant to s. 403.508.
2365	3.  An additional 10 percent if a certification hearing is
2366	held pursuant to s. 403.508.
2367	(c)1.3.  Upon written request with proper itemized
2368	accounting within 90 days after final agency action by the board
2369	or withdrawal of the application, the agencies that prepared
2370	reports pursuant to s. 403.507 or participated in a hearing
2371	pursuant to s. 403.508 may submit a written request to the
2372	department for reimbursement of expenses incurred during the
2373	certification proceedings. The request shall contain an
2374	accounting of expenses incurred which may include time spent
2375	reviewing the application, the department shall reimburse the
2376	Department of Community Affairs, the Fish and Wildlife
2377	Conservation Commission, and any water management district
2378	created pursuant to chapter 373, regional planning council, and
2379	local government in the jurisdiction of which the proposed
2380	electrical power plant is to be located, and any other agency
2381	from which the department requests special studies pursuant to
2382	s. 403.507(2)(a)7. Such reimbursement shall be authorized for
2383	the preparation of any studies required of the agencies by this
2384	act, and for agency travel and per diem to attend any hearing
2385	held pursuant to this act, and for any agency or local
2386	government's provision of notice of public meetings or hearings
2387	required as a result of the application for certification
2388	governments to participate in the proceedings. The department
2389	shall review the request and verify that the expenses are valid.
2390	Valid expenses shall be reimbursed; however, in the event the
2391	amount of funds available for reimbursement allocation is
2392	insufficient to provide for full compensation complete
2393	reimbursement to the agencies requesting reimbursement,
2394	reimbursement shall be on a prorated basis.
2395	2.  If the application review is held in abeyance for more
2396	than 1 year, the agencies may submit a request for
2397	reimbursement.
2398	(d)4.  If any sums are remaining, the department shall
2399	retain them for its use in the same manner as is otherwise
2400	authorized by this act; provided, however, that if the
2401	certification application is withdrawn, the remaining sums shall
2402	be refunded to the applicant within 90 days after withdrawal.
2403	(3)(a)(c)  A certification modification fee, which shall
2404	not exceed $30,000. The department shall establish rules for
2405	determining such a fee based on the equipment redesign, change
2406	in site size, type, increase in generating capacity proposed, or
2407	change in an associated linear facility location.
2408	(b)  The fee shall be submitted to the department with a
2409	formal petition for modification to the department pursuant to
2410	s. 403.516. This fee shall be established, disbursed, and
2411	processed in the same manner as the application fee in
2412	subsection (2) paragraph (b), except that the Division of
2413	Administrative Hearings shall not receive a portion of the fee
2414	unless the petition for certification modification is referred
2415	to the Division of Administrative Hearings for hearing. If the
2416	petition is so referred, only $10,000 of the fee shall be
2417	transferred to the Administrative Trust Fund of the Division of
2418	Administrative Hearings of the Department of Management
2419	Services. The fee for a modification by agreement filed pursuant
2420	to s. 403.516(1)(b) shall be $10,000 to be paid upon the filing
2421	of the request for modification. Any sums remaining after
2422	payment of authorized costs shall be refunded to the applicant
2423	within 90 days of issuance or denial of the modification or
2424	withdrawal of the request for modification.
2425	(4)(d)  A supplemental application fee, not to exceed
2426	$75,000, to cover all reasonable expenses and costs of the
2427	review, processing, and proceedings of a supplemental
2428	application. This fee shall be established, disbursed, and
2429	processed in the same manner as the certification application
2430	fee in subsection (2) paragraph (b), except that only $20,000 of
2431	the fee shall be transferred to the Administrative Trust Fund of
2432	the Division of Administrative Hearings of the Department of
2433	Management Services.
2434	(5)(e)  An existing site certification application fee, not
2435	to exceed $200,000, to cover all reasonable costs and expenses
2436	of the review processing and proceedings for certification of an
2437	existing power plant site under s. 403.5175. This fee must be
2438	established, disbursed, and processed in the same manner as the
2439	certification application fee in subsection (2) paragraph (b).
2440	(2)  Effective upon the date commercial operation begins,
2441	the operator of an electrical power plant certified under this
2442	part is required to pay to the department an annual operation
2443	license fee as specified in s. 403.0872(11) to be deposited in
2444	the Air Pollution Control Trust Fund.
2445	Section 40.  Any application for electrical power plant
2446	certification filed pursuant to ss. 403.501-403.518, Florida
2447	Statutes, shall be processed under the provisions of the law
2448	applicable at the time the application was filed, except that
2449	the provisions relating to cancellation of the certification
2450	hearing under s. 403.508(6), Florida Statutes, the provisions
2451	relating to the final disposition of the application and
2452	issuance of the written order by the secretary under s.
2453	403.509(1)(a), Florida Statutes, and notice of the cancellation
2454	of the certification hearing under s. 403.5115, Florida
2455	Statutes, may apply to any application for electrical power
2456	plant certification.
2457	Section 41.  Section 403.519, Florida Statutes, is amended
2458	to read:
2459	403.519  Exclusive forum for determination of need.--
2460	(1)  On request by an applicant or on its own motion, the
2461	commission shall begin a proceeding to determine the need for an
2462	electrical power plant subject to the Florida Electrical Power
2463	Plant Siting Act.
2464	(2)  The applicant commission shall publish a notice of the
2465	proceeding in a newspaper of general circulation in each county
2466	in which the proposed electrical power plant will be located.
2467	The notice shall be at least one-quarter of a page and published
2468	at least 21 45 days prior to the scheduled date for the
2469	proceeding. The commission shall publish notice of the
2470	proceeding in the manner specified by chapter 120 at least 21
2471	days prior to the scheduled date for the proceeding.
2472	(3)  The commission shall be the sole forum for the
2473	determination of this matter, which accordingly shall not be
2474	raised in any other forum or in the review of proceedings in
2475	such other forum. In making its determination, the commission
2476	shall take into account the need for electric system reliability
2477	and integrity, the need for adequate electricity at a reasonable
2478	cost, the need for fuel diversity and supply reliability, and
2479	whether the proposed plant is the most cost-effective
2480	alternative available. The commission shall also expressly
2481	consider the conservation measures taken by or reasonably
2482	available to the applicant or its members which might mitigate
2483	the need for the proposed plant and other matters within its
2484	jurisdiction which it deems relevant. The commission's
2485	determination of need for an electrical power plant shall create
2486	a presumption of public need and necessity and shall serve as
2487	the commission's report required by s. 403.507(4)
2488	403.507(2)(a)2. An order entered pursuant to this section
2489	constitutes final agency action.
2490	Section 42.  Section 403.885, Florida Statutes, is amended
2491	to read:
2492	403.885  Water Projects Stormwater management; wastewater
2493	management; and Water Restoration Grant Program.--
2494	(1)  The Department of Environmental Protection shall
2495	administer a grant program to use funds transferred pursuant to
2496	s. 212.20 to the Ecosystem Management and Restoration Trust Fund
2497	or other moneys as appropriated by the Legislature for water
2498	quality improvement, stormwater management, wastewater
2499	management, and water restoration project grants. Eligible
2500	recipients of such grants include counties, municipalities,
2501	water management districts, and special districts that have
2502	legal responsibilities for water quality improvement, water
2503	management, stormwater management, wastewater management, lake
2504	and river water restoration projects, and. drinking water
2505	projects are not eligible for funding pursuant to this section.
2506	(2)  The grant program shall provide for the evaluation of
2507	annual grant proposals. The department shall evaluate such
2508	proposals to determine if they:
2509	(a)  Protect public health or and the environment.
2510	(b)  Implement plans developed pursuant to the Surface
2511	Water Improvement and Management Act created in part IV of
2512	chapter 373, other water restoration plans required by law,
2513	management plans prepared pursuant to s. 403.067, or other plans
2514	adopted by local government for water quality improvement and
2515	water restoration.
2516	(3)  In addition to meeting the criteria in subsection (2),
2517	annual grant proposals must also meet the following
2518	requirements:
2519	(a)  An application for a stormwater management project may
2520	be funded only if the application is approved by the water
2521	management district with jurisdiction in the project area.
2522	District approval must be based on a determination that the
2523	project provides a benefit to a priority water body.
2524	(b)  Except as provided in paragraph (c), an application
2525	for a wastewater management project may be funded only if:
2526	1.  The project has been funded previously through a line
2527	item in the General Appropriations Act; and
2528	2.  The project is under construction.
2529	(c)  An application for a wastewater management project
2530	that would qualify as a water pollution control project and
2531	activity in s. 403.1838 may be funded only if the project
2532	sponsor has submitted an application to the department for
2533	funding pursuant to that section.
2534	(4)  All project applicants must provide local matching
2535	funds as follows:
2536	(a)  An applicant for state funding of a stormwater
2537	management project shall provide local matching funds equal to
2538	at least 50 percent of the total cost of the project; and
2539	(b)  An applicant for state funding of a wastewater
2540	management project shall provide matching funds equal to at
2541	least 25 percent of the total cost of the project.
2542
2543	The requirement for matching funds may be waived if the
2544	applicant is a financially disadvantaged small local government
2545	as defined in subsection (5).
2546	(5)  Each fiscal year, at least 20 percent of the funds
2547	available pursuant to this section shall be used for projects to
2548	assist financially disadvantaged small local governments. For
2549	purposes of this section, the term "financially disadvantaged
2550	small local government" means a municipality having a population
2551	of 7,500 or less, a county having a population of 35,000 or
2552	less, according to the latest decennial census and a per capita
2553	annual income less than the state per capita annual income as
2554	determined by the United States Department of Commerce, or a
2555	county in an area designated by the Governor as a rural area of
2556	critical economic concern pursuant to s. 288.0656. Grants made
2557	to these eligible local governments shall not require matching
2558	local funds.
2559	(6)  Each year, stormwater management and wastewater
2560	management projects submitted for funding through the
2561	legislative process shall be submitted to the department by the
2562	appropriate fiscal committees of the House of Representatives
2563	and the Senate. The department shall review the projects and
2564	must provide each fiscal committee with a list of projects that
2565	appear to meet the eligibility requirements under this grant
2566	program.
2567	Section 43.  For the 2006-2007 fiscal year, the sum of
2568	$61,379 is appropriated from the General Revenue Fund to the
2569	Department of Revenue for the purpose of administering the
2570	energy-efficient products sales tax holiday.
2571	Section 44.  This act shall take effect upon becoming a
2572	law.

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