HB 1473

CS

CHAMBER ACTION

1	The Commerce 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. 366.92, F.S.; relating to the
9	Florida renewable energy policy; providing intent;
10	providing definitions; directing the Florida Public
11	Service Commission to adopt goals for increasing the use
12	of Florida renewable energy resources; authorizing the
13	commission to adopt rules; creating s. 377.801, F.S.;
14	creating the "Florida Renewable Energy Technologies and
15	Energy Efficiency Act"; creating s. 377.802, F.S.; stating
16	the purpose of the act; creating s. 377.803, F.S.;
17	providing definitions; creating s. 377.804, F.S.; creating
18	the Renewable Energy Technologies Grants Program;
19	providing program requirements and procedures, including
20	matching funds; requiring the Department of Environmental
21	Protection to adopt rules and coordinate with the
22	Department of Agriculture and Consumer Services; requiring
23	joint departmental approval for the funding of any
24	project; creating s. 377.805, F.S.; establishing an
25	energy-efficient products sales tax holiday; specifying a
26	period during which the sale of energy-efficient products
27	is exempt from certain tax; providing a limitation;
28	providing a definition; prohibiting purchase of products
29	by certain payment methods; providing that certain
30	purchases or attempts to purchase are unfair methods of
31	competition and punishable as such; creating s. 377.806,
32	F.S.; creating the Solar Energy System Incentives Program;
33	providing program requirements, procedures, and
34	limitations; requiring the Department of Environmental
35	Protection to adopt rules; creating s. 377.901, F.S.;
36	creating the Florida Energy Council within the Department
37	of Environmental Protection; providing purpose and
38	composition; providing for appointment of members and
39	terms; providing for reimbursement for travel expenses and
40	per diem; requiring the department to provide certain
41	services to the council; providing rulemaking authority;
42	amending s. 212.08, F.S.; providing definitions for the
43	terms "biodiesel," "ethanol," and "hydrogen fuel cells";
44	providing tax exemptions in the form of a rebate for the
45	sale or use of certain equipment, machinery, and other
46	materials for renewable energy technologies; providing
47	eligibility requirements and tax credit limits; directing
48	the Department of Revenue to adopt rules; directing the
49	Department of Environmental Protection to determine and
50	publish certain information relating to such exemptions;
51	providing for expiration of the exemption; amending s.
52	213.053, F.S.; authorizing the Department of Revenue to
53	share certain information with the Department of
54	Environmental Protection for specified purposes; amending
55	s. 220.02, F.S.; providing the order of application of the
56	renewable energy technologies investment tax credit;
57	creating s. 220.192, F.S.; providing definitions;
58	establishing a corporate tax credit for certain costs
59	related to renewable energy technologies; providing
60	eligibility requirements and credit limits; providing
61	certain authority to the Department of Environmental
62	Protection and the Department of Revenue; directing the
63	Department of Environmental Protection to determine and
64	publish certain information; providing for expiration of
65	the tax credit; creating s. 220.193, F.S.; creating the
66	Florida renewable energy production credit; providing
67	definitions; providing a tax credit for the production and
68	sale of renewable Florida energy; providing for the use
69	and transfer of the tax credit; authorizing the Department
70	of Revenue to adopt rules concerning the tax credit;
71	providing an effective date; amending s. 220.13, F.S.;
72	providing an addition to the definition of "adjusted
73	federal income"; amending s. 186.801, F.S.; revising the
74	provisions of electric utility 10-year site plans to
75	include the effect on fuel diversity; amending s. 366.04,
76	F.S.; revising the safety standards for public utilities;
77	amending s. 366.05, F.S.; authorizing the Public Service
78	Commission to adopt certain construction standards and
79	make certain determinations; directing the commission to
80	conduct a study and provide a report by a certain date;
81	amending s. 403.503, F.S.; revising and providing
82	definitions applicable to the Florida Electrical Power
83	Plant Siting Act; amending s. 403.504, F.S.; providing the
84	Department of Environmental Protection with additional
85	powers and duties relating to the Florida Electrical Power
86	Plant Siting Act; amending s. 403.5055, F.S.; revising
87	provisions for certain permits associated with
88	applications for electrical power plant certification;
89	amending s. 403.506, F.S.; revising provisions relating to
90	applicability and certification of certain power plants;
91	amending s. 403.5064, F.S.; revising provisions for
92	distribution of applications and schedules relating to
93	certification; amending s. 403.5065, F.S.; revising
94	provisions relating to the appointment of administrative
95	law judges and specifying their powers and duties;
96	amending s. 403.5066, F.S.; revising provisions relating
97	to the determination of completeness for certain
98	applications; creating s. 403.50663, F.S.; authorizing
99	certain local governments and regional planning councils
100	to hold an informational public meeting about a proposed
101	electrical power plant or associated facilities; providing
102	requirements and procedures therefor; creating s.
103	403.50665, F.S.; requiring local governments to file
104	certain land use determinations; providing requirements
105	and procedures therefor; repealing s. 403.5067, F.S.,
106	relating to the determination of sufficiency for certain
107	applications; amending s. 403.507, F.S.; revising required
108	preliminary statement provisions for affected agencies;
109	requiring a report as a condition precedent to the project
110	analysis and certification hearing; amending s. 403.508,
111	F.S.; revising provisions relating to land use and
112	certification hearings, including cancellation and
113	responsibility for payment of expenses and costs;
114	requiring certain notice; amending s. 403.509, F.S.;
115	revising provisions relating to the final disposition of
116	certain applications; providing requirements and
117	provisions with respect thereto; amending s. 403.511,
118	F.S.; revising provisions relating to the effect of
119	certification for the construction and operation of
120	proposed electrical power plants; providing that issuance
121	of certification meets certain coastal zone consistency
122	requirements; creating s. 403.5112, F.S.; requiring filing
123	of notice for certified corridor routes; providing
124	requirements and procedures with respect thereto; creating
125	s. 403.5113, F.S.; authorizing postcertification
126	amendments for power plant site certification
127	applications; providing requirements and procedures with
128	respect thereto; amending s. 403.5115, F.S.; requiring
129	certain public notice for activities relating to
130	electrical power plant site application, certification,
131	and land use determination; providing requirements and
132	procedures with respect thereto; directing the Department
133	of Environmental Protection to maintain certain lists and
134	provide copies of certain publications; amending s.
135	403.513, F.S.; revising provisions for judicial review of
136	appeals relating to electrical power plant site
137	certification; amending s. 403.516, F.S.; revising
138	provisions relating to modification of certification for
139	electrical power plant sites; amending s. 403.517, F.S.;
140	revising provisions relating to supplemental applications
141	for sites certified for ultimate site capacity; amending
142	s. 403.5175, F.S.; revising provisions relating to
143	existing electrical power plant site certification;
144	revising the procedure for reviewing and processing
145	applications; requiring additional information to be
146	included in certain applications; amending s. 403.518,
147	F.S.; revising the allocation of proceeds from certain
148	fees collected; providing for reimbursement of certain
149	expenses; directing the Department of Environmental
150	Protection to establish rules for determination of certain
151	fees; eliminating certain operational license fees;
152	providing for the application, processing, approval, and
153	cancellation of electrical power plant certification;
154	amending s. 403.519, F.S.; directing the Public Service
155	Commission to consider fuel diversity and reliability in
156	certain determinations; providing requirements and
157	procedures for determination of need for certain power
158	plants; providing an exemption from purchased power supply
159	bid rules under certain circumstances; creating s. 366.93,
160	F.S.; providing definitions; requiring the Public Service
161	Commission to implement rules related to nuclear power
162	plant cost recovery; requiring a report; amending s.
163	403.52, F.S.; changing the short title to the "Florida
164	Electric Transmission Line Siting Act"; amending s.
165	403.521, F.S.; revising legislative intent; amending s.
166	403.522, F.S.; revising definitions; defining the terms
167	"licensee" and "maintenance and access roads"; amending s.
168	403.523, F.S.; revising powers and duties of the
169	Department of Environmental Protection; requiring the
170	department to collect and process fees, to prepare a
171	project analysis, to act as clerk for the siting board,
172	and to administer and manage the terms and conditions of
173	the certification order and supporting documents and
174	records; amending s. 403.524, F.S.; revising provisions
175	for applicability, certification, and exemptions under the
176	act; revising provisions for notice by an electric utility
177	of its intent to construct an exempt transmission line;
178	amending s. 403.525, F.S.; providing for powers and duties
179	of the administrative law judge designated by the Division
180	of Administrative Hearings to conduct the required
181	hearings; amending s. 403.5251, F.S.; revising application
182	procedures and schedules; providing for the formal date of
183	filing an application for certification and commencement
184	of the certification review process; requiring the
185	department to prepare a proposed schedule of dates for
186	determination of completeness and other significant dates
187	to be followed during the certification process; providing
188	for the formal date of application distribution; requiring
189	the applicant to provide notice of filing the application;
190	amending s. 403.5252, F.S.; revising timeframes and
191	procedures for determination of completeness of the
192	application; requiring the department to consult with
193	affected agencies; revising requirements for the
194	department to file a statement of its determination of
195	completeness with the Division of Administrative Hearings,
196	the applicant, and all parties within a certain time after
197	distribution of the application; revising requirements for
198	the applicant to file a statement with the department, the
199	division, and all parties, if the department determines
200	the application is not complete; providing for the
201	statement to notify the department whether the information
202	will be provided; revising timeframes and procedures for
203	contests of the determination by the department; providing
204	for parties to a hearing on the issue of completeness;
205	amending s. 403.526, F.S.; revising criteria and
206	procedures for preliminary statements of issues, reports,
207	and studies; revising timeframes; requiring that the
208	preliminary statement of issues from each affected agency
209	be submitted to the department and the applicant; revising
210	criteria for the Department of Community Affairs' report;
211	requiring the Department of Transportation, the Public
212	Service Commission, and any other affected agency to
213	prepare a project report; revising required content of the
214	report; providing for notice of any nonprocedural
215	requirements not listed in the application; providing for
216	failure to provide such notification; providing for a
217	recommendation for approval or denial of the application;
218	providing that receipt of an affirmative determination of
219	need is a condition precedent to further processing of the
220	application; requiring that the department prepare a
221	project analysis to be filed with the administrative law
222	judge and served on all parties within a certain time;
223	amending s. 403.527, F.S.; revising procedures and
224	timeframes for the certification hearing conducted by the
225	administrative law judge; revising provisions for notices
226	and publication of notices, public hearings held by local
227	governments, testimony at the public-hearing portion of
228	the certification hearing, the order of presentations at
229	the hearing, and consideration of certain communications
230	by the administrative law judge; requiring the applicant
231	to pay certain expenses and costs; requiring the
232	administrative law judge to issue a recommended order
233	disposing of the application; requiring that certain
234	notices be made in accordance with specified requirements
235	and within a certain time; requiring the Department of
236	Transportation to be a party to the proceedings; providing
237	for the administrative law judge to cancel the
238	certification hearing and relinquish jurisdiction to the
239	Department of Environmental Protection upon request by the
240	applicant or the department; requiring the department and
241	the applicant to publish notice of such cancellation;
242	providing for parties to submit proposed recommended
243	orders to the department when the certification hearing
244	has been canceled; providing that the department prepare a
245	recommended order for final action by the siting board
246	when the hearing has been canceled; amending s. 403.5271,
247	F.S.; revising procedures and timeframes for consideration
248	of proposed alternate corridors; revising notice
249	requirements; providing for notice of the filing of the
250	alternate corridor and revised time schedules; providing
251	for notice to agencies newly affected by the proposed
252	alternate corridor; requiring the person proposing the
253	alternate corridor to provide all data to the agencies
254	within a certain time; providing for a determination by
255	the department that the data is not complete; providing
256	for withdrawal of the proposed alternate corridor upon
257	such determination; requiring that agencies file reports
258	with the applicant and the department which address the
259	proposed alternate corridor; requiring that the department
260	file with the administrative law judge, the applicant, and
261	all parties a project analysis of the proposed alternate
262	corridor; providing that the party proposing an alternate
263	corridor has the burden of proof concerning the
264	certifiability of the alternate corridor; amending s.
265	403.5272, F.S.; revising procedures for informational
266	public meetings; providing for informational public
267	meetings held by regional planning councils; revising
268	timeframes; amending s. 403.5275, F.S.; revising
269	provisions for amendment to the application prior to
270	certification; amending s. 403.528, F.S.; providing that a
271	comprehensive application encompassing more than one
272	proposed transmission line may be good cause for altering
273	established time limits; amending s. 403.529, F.S.;
274	revising provisions for final disposition of the
275	application by the siting board; providing for the
276	administrative law judge's or department's recommended
277	order; amending s. 403.531, F.S.; revising provisions for
278	conditions of certification; amending s. 403.5312, F.S.;
279	requiring the applicant to file notice of a certified
280	corridor route with the department; amending s. 403.5315,
281	F.S.; revising the circumstances under which a
282	certification may be modified after the certification has
283	been issued; providing for procedures if objections are
284	raised to the proposed modification; creating s. 403.5317,
285	F.S.; providing procedures for changes proposed by the
286	licensee after certification; requiring the department to
287	determine within a certain time if the proposed change
288	requires modification of the conditions of certification;
289	requiring notice to the licensee, all agencies, and all
290	parties of changes that are approved as not requiring
291	modification of the conditions of certification; creating
292	s. 403.5363, F.S.; requiring publication of certain
293	notices by the applicant, the proponent of an alternate
294	corridor, and the department; requiring the department to
295	adopt rules specifying the content of such notices;
296	amending s. 403.5365, F.S.; revising application fees and
297	the distribution of fees collected; revising procedures
298	for reimbursement of local governments and regional
299	planning organizations; amending s. 403.537, F.S.;
300	revising the schedule for notice of a public hearing by
301	the Public Service Commission in order to determine the
302	need for a transmission line; providing that the
303	commission is the sole forum in which to determine the
304	need for a transmission line; amending ss. 373.441,
305	403.061, 403.0876, and 403.809, F.S.; conforming
306	terminology to changes made by the act; repealing ss.
307	403.5253 and 403.5369, F.S., relating to determination of
308	sufficiency of application or amendment to the application
309	and the application of the act to applications filed
310	before a certain date; amending 403.885, F.S.; revising
311	provisions and requirements relating to the stormwater
312	management, wastewater management, and water restoration
313	grants program; providing for appropriations; providing an
314	effective date.
315
316	Be It Enacted by the Legislature of the State of Florida:
317
318	Section 1.  Legislative findings and intent.--The
319	Legislature finds that advancing the development of renewable
320	energy technologies and energy efficiency is important for the
321	state's future, its energy stability, and the protection of its
322	citizens' public health and its environment. The Legislature
323	finds that the development of renewable energy technologies and
324	energy efficiency in the state will help to reduce demand for
325	foreign fuels, promote energy diversity, enhance system
326	reliability, reduce pollution, educate the public on the promise
327	of renewable energy technologies, and promote economic growth.
328	The Legislature finds that there is a need to assist in the
329	development of market demand that will advance the
330	commercialization and widespread application of renewable energy
331	technologies. The Legislature further finds that the state is
332	ideally positioned to stimulate economic development through
333	such renewable energy technologies due to its ongoing and
334	successful research and development track record in these areas,
335	an abundance of natural and renewable energy sources, an ability
336	to attract significant federal research and development funds,
337	and the need to find and secure renewable energy technologies
338	for the benefit of its citizens, visitors, and environment.
339	Section 2.  Section 377.801, Florida Statutes, is created
340	to read:
341	377.801  Short title.--Sections 377.801-377.806 may be
342	cited as the "Florida Renewable Energy Technologies and Energy
343	Efficiency Act."
344	Section 3.  Section 377.802, Florida Statutes, is created
345	to read:
346	377.802  Purpose.--This act is intended to provide matching
347	grants to stimulate capital investment in the state and to
348	enhance the market for and promote the statewide utilization of
349	renewable energy technologies. The targeted grants program is
350	designed to advance the already growing establishment of
351	renewable energy technologies in the state and encourage the use
352	of other incentives such as tax exemptions and regulatory
353	certainty to attract additional renewable energy technology
354	producers, developers, and users to the state. This act is also
355	intended to provide incentives for the purchase of energy-
356	efficient appliances and rebates for solar energy equipment
357	installations for residential and commercial buildings.
358	Section 4.  Section 377.803, Florida Statutes, is created
359	to read:
360	377.803  Definitions.--As used in ss. 377.801-377.806, the
361	term:
362	(1)  "Act" means the Florida Renewable Energy Technologies
363	and Energy Efficiency Act.
364	(2)  "Approved metering equipment" means a device capable
365	of measuring the energy output of a solar thermal system that
366	has been approved by the commission.
367	(3)  "Commission" means the Florida Public Service
368	Commission.
369	(4)  "Department" means the Department of Environmental
370	Protection.
371	(5)  "Person" means an individual, partnership, joint
372	venture, private or public corporation, association, firm,
373	public service company, or any other public or private entity.
374	(6)  "Renewable energy" means electrical, mechanical, or
375	thermal energy produced from a method that uses one or more of
376	the following fuels or energy sources: hydrogen, biomass, solar
377	energy, geothermal energy, wind energy, ocean energy, waste
378	heat, or hydroelectric power.
379	(7)  "Renewable energy technology" means any technology
380	that generates or utilizes a renewable energy resource.
381	(8)  "Solar energy system" means equipment that provides
382	for the collection and use of incident solar energy for water
383	heating, space heating or cooling, or other applications that
384	would normally require a conventional source of energy such as
385	petroleum products, natural gas, or electricity that performs
386	primarily with solar energy. In other systems in which solar
387	energy is used in a supplemental way, only those components that
388	collect and transfer solar energy shall be included in this
389	definition.
390	(9)  "Solar photovoltaic system" means a device that
391	converts incident sunlight into electrical current.
392	(10)  "Solar thermal system" means a device that traps heat
393	from incident sunlight in order to heat water.
394	Section 5.  Section 377.804, Florida Statutes, is created
395	to read:
396	377.804  Renewable Energy Technologies Grants Program.--
397	(1)  The Renewable Energy Technologies Grants Program is
398	established within the department to provide renewable energy
399	matching grants for demonstration, commercialization, research,
400	and development projects relating to renewable energy
401	technologies.
402	(2)  Matching grants for renewable energy technology
403	demonstration, commercialization, research, and development
404	projects may be made to any of the following:
405	(a)  Municipalities and county governments.
406	(b)  Established for-profit companies licensed to do
407	business in the state.
408	(c)  Universities and colleges in the state.
409	(d)  Utilities located and operating within the state.
410	(e)  Not-for-profit organizations.
411	(f)  Other qualified persons, as determined by the
412	department.
413	(3)  The department may adopt rules pursuant to ss.
414	120.536(1) and 120.54 to provide for application requirements,
415	provide for ranking of applications, and administer the awarding
416	of grants under this program.
417	(4)  Factors the department shall consider in awarding
418	grants include, but are not limited to:
419	(a)  The availability of matching funds or other in-kind
420	contributions applied to the total project from an applicant.
421	The department shall give greater preference to projects that
422	provide such matching funds or other in-kind contributions.
423	(b)  The degree to which the project stimulates in-state
424	capital investment and economic development in metropolitan and
425	rural areas, including the creation of jobs and the future
426	development of a commercial market for renewable energy
427	technologies.
428	(c)  The extent to which the proposed project has been
429	demonstrated to be technically feasible based on pilot project
430	demonstrations, laboratory testing, scientific modeling, or
431	engineering or chemical theory that supports the proposal.
432	(d)  The degree to which the project incorporates an
433	innovative new technology or an innovative application of an
434	existing technology.
435	(e)  The degree to which a project generates thermal,
436	mechanical, or electrical energy by means of a renewable energy
437	resource that has substantial long-term production potential.
438	(f)  The degree to which a project demonstrates efficient
439	use of energy and material resources.
440	(g)  The degree to which the project fosters overall
441	understanding and appreciation of renewable energy technologies.
442	(h)  The ability to administer a complete project.
443	(i)  Project duration and timeline for expenditures.
444	(j)  The geographic area in which the project is to be
445	conducted in relation to other projects.
446	(k)  The degree of public visibility and interaction.
447	(5)  The department shall solicit the expertise of other
448	state agencies in evaluating project proposals. State agencies
449	shall cooperate with the Department of Environmental Protection
450	and provide such assistance as requested.
451	(6)  The department shall coordinate and actively consult
452	with the Department of Agriculture and Consumer Services during
453	the review and approval process of grants relating to bioenergy
454	projects for renewable energy technology, and the departments
455	shall jointly determine the grant awards to these bioenergy
456	projects. No grant funding shall be awarded to any bioenergy
457	project without such joint approval. Factors for consideration
458	in awarding grants may include, but are not limited to, the
459	degree to which:
460	(a)  The project stimulates in-state capital investment and
461	economic development in metropolitan and rural areas, including
462	the creation of jobs and the future development of a commercial
463	market for bioenergy.
464	(b)  The project produces bioenergy from Florida-grown
465	crops or biomass.
466	(c)  The project demonstrates efficient use of energy and
467	material resources.
468	(d)  The project fosters overall understanding and
469	appreciation of bioenergy technologies.
470	(e)  Matching funds and in-kind contributions from an
471	applicant are available.
472	(f)  The project duration and the timeline for expenditures
473	are acceptable.
474	(g)  The project has a reasonable assurance of enhancing
475	the value of agricultural products or will expand agribusiness
476	in the state.
477	(h)  Preliminary market and feasibility research has been
478	conducted by the applicant or others and shows there is a
479	reasonable assurance of a potential market.
480	Section 6.  Section 377.805, Florida Statutes, is created
481	to read:
482	377.805  Energy-efficient products sales tax holiday.--The
483	period from 12:01 a.m., October 5, through midnight, October 11,
484	2006, shall be designated "Energy Efficient Week," and the tax
485	levied under chapter 212 may not be collected on the sale of a
486	new energy-efficient product having a selling price of $1,500 or
487	less per product during that period. This exemption applies only
488	when the energy-efficient product is purchased for noncommercial
489	home or personal use and does not apply when the product is
490	purchased for trade, business, or resale. As used in this
491	section, the term "energy-efficient product" means a dishwasher,
492	clothes washer, air conditioner, ceiling fan, incandescent or
493	florescent light bulb, dehumidifier, programmable thermostat, or
494	refrigerator that has been designated by the United States
495	Environmental Protection Agency or by the United States
496	Department of Energy as meeting or exceeding the requirements
497	under the Energy Star Program of either agency. Purchases made
498	under this section may not be made using a business or company
499	credit or debit card or check. Any construction company,
500	building contractor, or commercial business or entity that
501	purchases or attempts to purchase the energy-efficient products
502	as exempt under this section commits an unfair method of
503	competition in violation of s. 501.204, punishable as provided
504	in s. 501.2075.
505	Section 7.  Section 377.806, Florida Statutes, is created
506	to read:
507	377.806  Solar Energy System Incentives Program.--
508	(1)  PURPOSE.--The Solar Energy System Incentives Program
509	is established within the department to provide financial
510	incentives for the purchase and installation of solar energy
511	systems. Any resident of the state who purchases and installs a
512	new solar energy system of 2 kilowatts or larger for a solar
513	photovoltaic system, a solar energy system that provides at
514	least 50 percent of a building's hot water consumption for a
515	solar thermal system, or a solar thermal pool heater, from July
516	1, 2006, through June 30, 2010, is eligible for a rebate on a
517	portion of the purchase price of that solar energy system.
518	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
519	(a)  Eligibility requirements.--A solar photovoltaic system
520	qualifies for a rebate if:
521	1.  The system is installed by a state-licensed master
522	electrician, electrical contractor, or solar contractor.
523	2.  The system complies with state interconnection
524	standards as provided by the commission.
525	3.  The system complies with all applicable building codes
526	as defined by the local jurisdictional authority.
527	(b)  Rebate amounts.--The rebate amount shall be set at $4
528	per watt based on the total wattage rating of the system. The
529	maximum allowable rebate per solar photovoltaic system
530	installation shall be as follows:
531	1.  Twenty thousand dollars for a residence.
532	2.  One hundred thousand dollars for a place of business, a
533	publicly owned or operated facility, or a facility owned or
534	operated by a private, not-for-profit organization, including
535	condominiums or apartment buildings.
536	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
537	(a)  Eligibility requirements.--A solar thermal system
538	qualifies for a rebate if:
539	1.  The system is installed by a state-licensed solar or
540	plumbing contractor.
541	2.  The system complies with all applicable building codes
542	as defined by the local jurisdictional authority.
543	(b)  Rebate amounts.--Authorized rebates for installation
544	of solar thermal systems shall be as follows:
545	1.  Five hundred dollars for a residence.
546	2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
547	for a place of business, a publicly owned or operated facility,
548	or a facility owned or operated by a private, not-for-profit
549	organization, including condominiums or apartment buildings. Btu
550	must be verified by approved metering equipment.
551	(4) SOLAR THERMAL POOL HEATER INCENTIVE.--
552	(a)  Eligibility requirements.--A solar thermal pool heater
553	qualifies for a rebate if the system is installed by a
554	state-licensed solar or plumbing contractor and the system
555	complies with all applicable building codes as defined by the
556	local jurisdictional authority.
557	(b)  Rebate amount.--Authorized rebates for installation of
558	solar thermal pool heaters shall be $100 per installation.
559	(5)  APPLICATION.--Application for a rebate must be made
560	within 90 days after the purchase of the solar energy equipment.
561	(6)  REBATE AVAILABILITY.--The department shall determine
562	and publish on a regular basis the amount of rebate funds
563	remaining in each fiscal year. The total dollar amount of all
564	rebates issued by the department is subject to the total amount
565	of appropriations in any fiscal year for this program. If funds
566	are insufficient during the current fiscal year, any requests
567	for rebates received during that fiscal year may be processed
568	during the following fiscal year. Requests for rebates received
569	in a fiscal year that are processed during the following fiscal
570	year shall be given priority over requests for rebates received
571	during the following fiscal year.
572	(7)  RULES.--The department shall adopt rules pursuant to
573	ss. 120.536(1) and 120.54 to develop rebate applications and
574	administer the issuance of rebates.
575	Section 8.  Section 377.901, Florida Statutes, is created
576	to read:
577	377.901  Florida Energy Council.--
578	(1)  The Florida Energy Council is created within the
579	Department of Environmental Protection to provide advice and
580	counsel to the Governor, the President of the Senate, and the
581	Speaker of the House of Representatives on the energy policy of
582	the state. The council shall advise the state on current and
583	projected energy issues, including, but not limited to,
584	transportation, generation, transmission, distributed
585	generation, fuel supply issues, emerging technologies,
586	efficiency, and conservation. In developing its recommendations,
587	the council shall be guided by the principles of reliability,
588	efficiency, affordability, and diversity.
589	(2)(a)  The council shall be comprised of a diversity of
590	stakeholders and may include utility providers, alternative
591	energy providers, researchers, environmental scientists, fuel
592	suppliers, technology manufacturers, persons representing
593	environmental, consumer, and public health interests, and
594	others.
595	(b)  The council shall consist of nine voting members as
596	follows:
597	1.  The Secretary of Environmental Protection, or his or
598	her designee, who shall serve as chair of the council.
599	2.  The chair of the Public Service Commission, or his or
600	her designee, who shall serve as vice chair of the council.
601	3.  One member shall be the Commissioner of Agriculture, or
602	his or her designee.
603	4.  Two members who shall be appointed by the Governor.
604	5.  Two members who shall be appointed by the President of
605	the Senate.
606	6.  Two members who shall be appointed by the Speaker of
607	the House of Representatives.
608	(c)  All initial members shall be appointed prior to
609	September 1, 2006. Appointments made by the Governor, the
610	President of the Senate, and the Speaker of the House of
611	Representatives shall be for terms of 2 years each. Members
612	shall serve until their successors are appointed. Vacancies
613	shall be filled in the manner of the original appointment for
614	the remainder of the term that is vacated.
615	(d)  Members shall serve without compensation but are
616	entitled to reimbursement for travel expenses and per diem
617	related to council duties and responsibilities pursuant to s.
618	112.061.
619	(3)  The Department of Environmental Protection shall
620	provide primary staff support to the council and shall ensure
621	that council meetings are electronically recorded. Such
622	recording shall be preserved pursuant to chapters 119 and 257.
623	(4)  The Department of Environmental Protection may adopt
624	rules pursuant to ss. 120.536(1) and 120.54 to implement the
625	provisions of this section.
626	Section 9.  Paragraph (ccc) is added to subsection (7) of
627	section 212.08, Florida Statutes, to read:
628	212.08  Sales, rental, use, consumption, distribution, and
629	storage tax; specified exemptions.--The sale at retail, the
630	rental, the use, the consumption, the distribution, and the
631	storage to be used or consumed in this state of the following
632	are hereby specifically exempt from the tax imposed by this
633	chapter.
634	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
635	entity by this chapter do not inure to any transaction that is
636	otherwise taxable under this chapter when payment is made by a
637	representative or employee of the entity by any means,
638	including, but not limited to, cash, check, or credit card, even
639	when that representative or employee is subsequently reimbursed
640	by the entity. In addition, exemptions provided to any entity by
641	this subsection do not inure to any transaction that is
642	otherwise taxable under this chapter unless the entity has
643	obtained a sales tax exemption certificate from the department
644	or the entity obtains or provides other documentation as
645	required by the department. Eligible purchases or leases made
646	with such a certificate must be in strict compliance with this
647	subsection and departmental rules, and any person who makes an
648	exempt purchase with a certificate that is not in strict
649	compliance with this subsection and the rules is liable for and
650	shall pay the tax. The department may adopt rules to administer
651	this subsection.
652	(ccc)  Equipment, machinery, and other materials for
653	renewable energy technologies.--
654	1.  As used in this paragraph, the term:
655	a.  "Biodiesel" means the mono-alkyl esters of long-chain
656	fatty acids derived from plant or animal matter for use as a
657	source of energy and meeting the specifications for biodiesel
658	and biodiesel blends with petroleum products as adopted by the
659	Department of Agriculture and Consumer Services. Biodiesel may
660	refer to biodiesel blends designated BXX, where XX represents
661	the volume percentage of biodiesel fuel in the blend.
662	b.  "Ethanol" means nominally anhydrous denatured alcohol
663	produced by the fermentation of plant sugars meeting the
664	specifications for fuel ethanol and fuel ethanol blends with
665	petroleum products as adopted by the Department of Agriculture
666	and Consumer Services. Ethanol may refer to fuel ethanol blends
667	designated EXX, where XX represents the volume percentage of
668	fuel ethanol in the blend.
669	c.  "Hydrogen fuel cells" means equipment using hydrogen or
670	a hydrogen-rich fuel in an electrochemical process to generate
671	energy, electricity, or the transfer of heat.
672	2.  The sale or use of the following in the state is exempt
673	from the tax imposed by this chapter:
674	a.  Hydrogen-powered vehicles, materials incorporated into
675	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
676	a limit of $2 million in tax each state fiscal year for all
677	taxpayers.
678	b.  Commercial stationary hydrogen fuel cells, up to a
679	limit of $1 million in tax each state fiscal year for all
680	taxpayers.
681	c.  Materials used in the distribution of biodiesel (B10-
682	B100) and ethanol (E10-100), including fueling infrastructure,
683	transportation, and storage, up to a limit of $1 million in tax
684	each state fiscal year for all taxpayers. Gasoline fueling
685	station pump retrofits for ethanol (E10-E100) distribution
686	qualify for the exemption provided in this sub-subparagraph.
687	3.  The Department of Environmental Protection shall
688	provide to the department a list of items eligible for the
689	exemption provided in this paragraph.
690	4.a.  The exemption provided in this paragraph shall be
691	available to a purchaser only through a refund of previously
692	paid taxes.
693	b.  To be eligible to receive the exemption provided in
694	this paragraph, a purchaser shall file an application with the
695	Department of Environmental Protection. The application shall be
696	developed by the Department of Environmental Protection, in
697	consultation with the department, and shall require:
698	(I)  The name and address of the person claiming the
699	refund.
700	(II)  A specific description of the purchase for which a
701	refund is sought, including, when applicable, a serial number or
702	other permanent identification number.
703	(III)  The sales invoice or other proof of purchase showing
704	the amount of sales tax paid, the date of purchase, and the name
705	and address of the sales tax dealer from whom the property was
706	purchased.
707	(IV)  A sworn statement that the information provided is
708	accurate and that the requirements of this paragraph have been
709	met.
710	c.  Within 30 days after receipt of an application, the
711	Department of Environmental Protection shall review the
712	application and shall notify the applicant of any deficiencies.
713	Upon receipt of a completed application, the Department of
714	Environmental Protection shall evaluate the application for
715	exemption and issue a written certification that the applicant
716	is eligible for a refund or issue a written denial of such
717	certification within 60 days after receipt of the application.
718	The Department of Environmental Protection shall provide the
719	department with a copy of each certification issued upon
720	approval of an application.
721	d.  Each certified applicant shall be responsible for
722	forwarding a certified copy of the application and copies of all
723	required documentation to the department within 6 months after
724	certification by the Department of Environmental Protection.
725	e.  The provisions of s. 212.095 do not apply to any refund
726	application made pursuant to this paragraph. A refund approved
727	pursuant to this paragraph shall be made within 30 days after
728	formal approval by the department.
729	f.  The department shall adopt rules governing the manner
730	and form of refund applications and may establish guidelines as
731	to the requisites for an affirmative showing of qualification
732	for exemption under this paragraph.
733	g.  The Department of Environmental Protection shall be
734	responsible for ensuring that the exemptions do not exceed the
735	limits provided in subparagraph 2.
736	5.  The Department of Environmental Protection shall
737	determine and publish on a regular basis the amount of sales tax
738	funds remaining in each fiscal year.
739	6.  This paragraph expires July 1, 2010.
740	Section 10.  Paragraph (y) is added to subsection (7) of
741	section 213.053, Florida Statutes, to read:
742	213.053  Confidentiality and information sharing.--
743	(7)  Notwithstanding any other provision of this section,
744	the department may provide:
745	(y)  Information relative to ss. 212.08(7)(ccc) and 220.192
746	to the Department of Environmental Protection for use in the
747	conduct of its official business.
748
749	Disclosure of information under this subsection shall be
750	pursuant to a written agreement between the executive director
751	and the agency. Such agencies, governmental or nongovernmental,
752	shall be bound by the same requirements of confidentiality as
753	the Department of Revenue. Breach of confidentiality is a
754	misdemeanor of the first degree, punishable as provided by s.
755	775.082 or s. 775.083.
756	Section 11.  Subsection (8) of section 220.02, Florida
757	Statutes, is amended to read:
758	220.02  Legislative intent.--
759	(8)  It is the intent of the Legislature that credits
760	against either the corporate income tax or the franchise tax be
761	applied in the following order: those enumerated in s. 631.828,
762	those enumerated in s. 220.191, those enumerated in s. 220.181,
763	those enumerated in s. 220.183, those enumerated in s. 220.182,
764	those enumerated in s. 220.1895, those enumerated in s. 221.02,
765	those enumerated in s. 220.184, those enumerated in s. 220.186,
766	those enumerated in s. 220.1845, those enumerated in s. 220.19,
767	those enumerated in s. 220.185, and those enumerated in s.
768	220.187, and those enumerated in ss. 220.192 and 220.193.
769	Section 12.  Section 220.192, Florida Statutes, is created
770	to read:
771	220.192  Renewable energy technologies investment tax
772	credit.--
773	(1)  DEFINITIONS.--For purposes of this section, the term:
774	(a)  "Biodiesel" means biodiesel as defined in s.
775	212.08(7)(ccc).
776	(b)  "Eligible costs" means:
777	1.  Seventy-five percent of all capital costs, operation
778	and maintenance costs, and research and development costs
779	incurred between July 1, 2006, and June 30, 2010, up to a limit
780	of $3 million per state fiscal year for all taxpayers, in
781	connection with an investment in hydrogen-powered vehicles and
782	hydrogen vehicle fueling stations in the state, including, but
783	not limited to, the costs of constructing, installing, and
784	equipping such technologies in the state.
785	2.  Seventy-five percent of all capital costs, operation
786	and maintenance costs, and research and development costs
787	incurred between July 1, 2006, and June 30, 2010, up to a limit
788	of $1.5 million per state fiscal year for all taxpayers, and
789	limited to a maximum of $12,000 per fuel cell, in connection
790	with an investment in commercial stationary hydrogen fuel cells
791	in the state, including, but not limited to, the costs of
792	constructing, installing, and equipping such technologies in the
793	state.
794	3.  Seventy-five percent of all capital costs, operation
795	and maintenance costs, and research and development costs
796	incurred between July 1, 2006, and June 30, 2010, up to a limit
797	of $6.5 million per state fiscal year for all taxpayers, in
798	connection with an investment in the production, storage, and
799	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
800	the state, including the costs of constructing, installing, and
801	equipping such technologies in the state. Gasoline fueling
802	station pump retrofits for ethanol (E10-E100) distribution
803	qualify as an eligible cost under this subparagraph.
804	(c)  "Ethanol" means ethanol as defined in s.
805	212.08(7)(ccc).
806	(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
807	defined in s. 212.08(7)(ccc).
808	(2)  TAX CREDIT.--For tax years beginning on or after
809	January 1, 2007, a credit against the tax imposed by this
810	chapter shall be granted in an amount equal to the eligible
811	costs. Credits may be used in tax years beginning January 1,
812	2007, and ending December 31, 2010, after which the credit shall
813	expire. If the credit is not fully used in any one tax year
814	because of insufficient tax liability on the part of the
815	corporation, the unused amount may be carried forward and used
816	in tax years beginning January 1, 2007, and ending December 31,
817	2012, after which the credit carryover expires and may not be
818	used. A taxpayer that files a consolidated return in this state
819	as a member of an affiliated group under s. 220.131(1) may be
820	allowed the credit on a consolidated return basis up to the
821	amount of tax imposed upon the consolidated group. Any eligible
822	cost for which a credit is claimed and which is deducted or
823	otherwise reduces federal taxable income shall be added back in
824	computing adjusted federal income under s. 220.13.
825	(3)  APPLICATION PROCESS.--Any corporation wishing to
826	obtain tax credits available under this section must submit to
827	the Department of Environmental Protection an application for
828	tax credit that includes a complete description of all eligible
829	costs for which the corporation is seeking a credit and a
830	description of the total amount of credits sought. The
831	Department of Environmental Protection shall make a
832	determination on the eligibility of the applicant for the
833	credits sought and certify the determination to the applicant
834	and the Department of Revenue. The corporation must attach the
835	Department of Environmental Protection's certification to the
836	tax return on which the credit is claimed. The Department of
837	Environmental Protection shall be responsible for ensuring that
838	the corporate income tax credits granted in each fiscal year do
839	not exceed the limits provided for in this section. The
840	Department of Environmental Protection is authorized to adopt
841	the necessary rules, guidelines, and application materials for
842	the application process.
843	(4)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
844	CREDITS.--
845	(a)  In addition to its existing audit and investigation
846	authority, the Department of Revenue may perform any additional
847	financial and technical audits and investigations, including
848	examining the accounts, books, and records of the tax credit
849	applicant, that are necessary to verify the eligible costs
850	included in the tax credit return and to ensure compliance with
851	this section. The Department of Environmental Protection shall
852	provide technical assistance when requested by the Department of
853	Revenue on any technical audits or examinations performed
854	pursuant to this section.
855	(b)  It is grounds for forfeiture of previously claimed and
856	received tax credits if the Department of Revenue determines, as
857	a result of either an audit or examination or from information
858	received from the Department of Environmental Protection, that a
859	taxpayer received tax credits pursuant to this section to which
860	the taxpayer was not entitled. The taxpayer is responsible for
861	returning forfeited tax credits to the Department of Revenue,
862	and such funds shall be paid into the General Revenue Fund of
863	the state.
864	(c)  The Department of Environmental Protection may revoke
865	or modify any written decision granting eligibility for tax
866	credits under this section if it is discovered that the tax
867	credit applicant submitted any false statement, representation,
868	or certification in any application, record, report, plan, or
869	other document filed in an attempt to receive tax credits under
870	this section. The Department of Environmental Protection shall
871	immediately notify the Department of Revenue of any revoked or
872	modified orders affecting previously granted tax credits.
873	Additionally, the taxpayer must notify the Department of Revenue
874	of any change in its tax credit claimed.
875	(d)  The taxpayer shall file with the Department of Revenue
876	an amended return or such other report as the Department of
877	Revenue prescribes by rule and shall pay any required tax and
878	interest within 60 days after the taxpayer receives notification
879	from the Department of Environmental Protection that previously
880	approved tax credits have been revoked or modified. If the
881	revocation or modification order is contested, the taxpayer
882	shall file an amended return or other report as provided in this
883	paragraph within 60 days after a final order is issued following
884	proceedings.
885	(e)  A notice of deficiency may be issued by the Department
886	of Revenue at any time within 3 years after the taxpayer
887	receives formal notification from the Department of
888	Environmental Protection that previously approved tax credits
889	have been revoked or modified. If a taxpayer fails to notify the
890	Department of Revenue of any changes to its tax credit claimed,
891	a notice of deficiency may be issued at any time.
892	(5)  RULES.--The Department of Revenue shall have the
893	authority to adopt rules relating to the forms required to claim
894	a tax credit under this section, the requirements and basis for
895	establishing an entitlement to a credit, and the examination and
896	audit procedures required to administer this section.
897	(6)  PUBLICATION.--The Department of Environmental
898	Protection shall determine and publish on a regular basis the
899	amount of available tax credits remaining in each fiscal year.
900	Section 13.  Section 220.193, Florida Statutes, is created
901	to read:
902	220.193  Florida renewable energy production credit.--
903	(1)  The purpose of this section is to encourage the
904	development and expansion of facilities that produce renewable
905	energy in Florida.
906	(2)  As used in this section, the term:
907	(a)  "Commission" shall mean the Florida Public Service
908	Commission.
909	(b)  "Florida renewable energy facility" shall mean a
910	facility in Florida that produces renewable energy, as defined
911	in s. 377.803.
912	(c)  "New facility" shall mean a Florida renewable energy
913	facility that is operationally in service after May 1, 2006.
914	(d)  "Expanded facility" shall mean a Florida renewable
915	energy facility that increases its electrical production by more
916	than 5 percent after May 1, 2006.
917	(3)  A credit against the tax imposed by this chapter shall
918	be allowed to a taxpayer, based on the taxpayer's production and
919	sale of electricity from a new or expanded Florida renewable
920	energy facility. For a new facility, the credit shall be based
921	on the taxpayer's sale of the facility's entire electrical
922	production. For an expanded facility, the credit shall be based
923	on the increases in the facility's electrical production that
924	are achieved after May 1, 2006.
925	(a)  The credit shall be $0.01 for each kilowatt-hour of
926	electricity produced and sold by the taxpayer to an unrelated
927	party during a given tax year.
928	(b)  The credit may be claimed for electricity produced and
929	sold on or after January 1, 2007. The credit may be claimed for
930	a maximum period of 10 years, commencing with the first tax year
931	the credit is earned. In cases of multiple expansions of the
932	same facility which are completed in different calendar years,
933	the taxpayer may propose staggered commencement dates for each
934	expansion project provided that the credit attributable to each
935	expansion is separately identified and quantified.
936	(c)  If the credit granted pursuant to this section is not
937	fully used in one year because of insufficient tax liability on
938	the part of the taxpayer, the unused amount may be carried
939	forward for a period not to exceed 5 years. The carryover credit
940	may be used in a subsequent year when the tax imposed by this
941	chapter for such year exceeds the credit for such year, after
942	applying the other credits and unused credit carryovers in the
943	order provided in s. 220.02(8).
944	(d)  A taxpayer that files a consolidated return in this
945	state as a member of an affiliated group under s. 220.131(1) may
946	be allowed the credit on a consolidated return basis up to the
947	amount of tax imposed upon the consolidated group.
948	(e)1.  Tax credits that may be available under this section
949	to an entity eligible under this section may be transferred
950	after a merger or acquisition to the surviving or acquiring
951	entity and used in the same manner with the same limitations.
952	2.  The entity or its surviving or acquiring entity as
953	described in subparagraph 1. may transfer any unused credit in
954	whole or in units of no less than 25 percent of the remaining
955	credit. The entity acquiring such credit may use it in the same
956	manner and with the same limitations under this section Such
957	transferred credits may not be transferred again although they
958	may succeed to a surviving or acquiring entity subject to the
959	same conditions and limitations as described in this section.
960	3.  In the event the credit provided for under this section
961	is reduced as a result of an examination or audit by the
962	Department of Revenue, such tax deficiency shall be recovered
963	from the first entity or the surviving or acquiring entity to
964	have claimed such credit up to the amount of credit taken. Any
965	subsequent deficiencies shall be assessed against any entity
966	acquiring and claiming such credit, or in the case of multiple
967	succeeding entities in the order of credit succession.
968	(f)  Notwithstanding any other provision of this section,
969	until calendar year 2011, the total credits granted by the
970	Department of Revenue pursuant to this section shall not exceed
971	10 million dollars for any tax year. Thereafter, such credits
972	shall not exceed 15 million dollars for any tax year.
973	(g)  A taxpayer claiming a credit under this section shall
974	be required to add back to net income that portion of its
975	business deductions claimed on its federal return paid or
976	incurred for the taxable year which is equal to the amount of
977	the credit allowable for the taxable year under this section.
978	(h)  A taxpayer claiming credit under this section may not
979	claim a credit under s. 220.192. A taxpayer claiming credit
980	under s. 220.192 may not claim a credit under this section.
981	(4)  The Department of Revenue may adopt rules to implement
982	and administer this section, including rules prescribing forms,
983	the documentation needed to substantiate a claim for the tax
984	credit, and the specific procedures and guidelines for claiming
985	the credit.
986	(5)  This section shall take effect upon becoming law and
987	shall apply to tax years beginning on and after January 1, 2007.
988	Section 14.  Paragraph (a) of subsection (1) of section
989	220.13, Florida Statutes, is amended to read:
990	220.13  "Adjusted federal income" defined.--
991	(1)  The term "adjusted federal income" means an amount
992	equal to the taxpayer's taxable income as defined in subsection
993	(2), or such taxable income of more than one taxpayer as
994	provided in s. 220.131, for the taxable year, adjusted as
995	follows:
996	(a)  Additions.--There shall be added to such taxable
997	income:
998	1.  The amount of any tax upon or measured by income,
999	excluding taxes based on gross receipts or revenues, paid or
1000	accrued as a liability to the District of Columbia or any state
1001	of the United States which is deductible from gross income in
1002	the computation of taxable income for the taxable year.
1003	2.  The amount of interest which is excluded from taxable
1004	income under s. 103(a) of the Internal Revenue Code or any other
1005	federal law, less the associated expenses disallowed in the
1006	computation of taxable income under s. 265 of the Internal
1007	Revenue Code or any other law, excluding 60 percent of any
1008	amounts included in alternative minimum taxable income, as
1009	defined in s. 55(b)(2) of the Internal Revenue Code, if the
1010	taxpayer pays tax under s. 220.11(3).
1011	3.  In the case of a regulated investment company or real
1012	estate investment trust, an amount equal to the excess of the
1013	net long-term capital gain for the taxable year over the amount
1014	of the capital gain dividends attributable to the taxable year.
1015	4.  That portion of the wages or salaries paid or incurred
1016	for the taxable year which is equal to the amount of the credit
1017	allowable for the taxable year under s. 220.181. The provisions
1018	of this subparagraph shall expire and be void on June 30, 2005.
1019	5.  That portion of the ad valorem school taxes paid or
1020	incurred for the taxable year which is equal to the amount of
1021	the credit allowable for the taxable year under s. 220.182. The
1022	provisions of this subparagraph shall expire and be void on June
1023	30, 2005.
1024	6.  The amount of emergency excise tax paid or accrued as a
1025	liability to this state under chapter 221 which tax is
1026	deductible from gross income in the computation of taxable
1027	income for the taxable year.
1028	7.  That portion of assessments to fund a guaranty
1029	association incurred for the taxable year which is equal to the
1030	amount of the credit allowable for the taxable year.
1031	8.  In the case of a nonprofit corporation which holds a
1032	pari-mutuel permit and which is exempt from federal income tax
1033	as a farmers' cooperative, an amount equal to the excess of the
1034	gross income attributable to the pari-mutuel operations over the
1035	attributable expenses for the taxable year.
1036	9.  The amount taken as a credit for the taxable year under
1037	s. 220.1895.
1038	10.  Up to nine percent of the eligible basis of any
1039	designated project which is equal to the credit allowable for
1040	the taxable year under s. 220.185.
1041	11.  The amount taken as a credit for the taxable year
1042	under s. 220.187.
1043	12.  The amount taken as a credit for the taxable year
1044	under ss. 220.192 and 220.193.
1045	Section 15.  Subsection (2) of section 186.801, Florida
1046	Statutes, is amended to read:
1047	186.801  Ten-year site plans.--
1048	(2)  Within 9 months after the receipt of the proposed
1049	plan, the commission shall make a preliminary study of such plan
1050	and classify it as "suitable" or "unsuitable." The commission
1051	may suggest alternatives to the plan. All findings of the
1052	commission shall be made available to the Department of
1053	Environmental Protection for its consideration at any subsequent
1054	electrical power plant site certification proceedings. It is
1055	recognized that 10-year site plans submitted by an electric
1056	utility are tentative information for planning purposes only and
1057	may be amended at any time at the discretion of the utility upon
1058	written notification to the commission. A complete application
1059	for certification of an electrical power plant site under
1060	chapter 403, when such site is not designated in the current 10-
1061	year site plan of the applicant, shall constitute an amendment
1062	to the 10-year site plan. In its preliminary study of each 10-
1063	year site plan, the commission shall consider such plan as a
1064	planning document and shall review:
1065	(a)  The need, including the need as determined by the
1066	commission, for electrical power in the area to be served.
1067	(b)  The effect on fuel diversity within the state.
1068	(c)(b)  The anticipated environmental impact of each
1069	proposed electrical power plant site.
1070	(d)(c)  Possible alternatives to the proposed plan.
1071	(e)(d)  The views of appropriate local, state, and federal
1072	agencies, including the views of the appropriate water
1073	management district as to the availability of water and its
1074	recommendation as to the use by the proposed plant of salt water
1075	or fresh water for cooling purposes.
1076	(f)(e)  The extent to which the plan is consistent with the
1077	state comprehensive plan.
1078	(g)(f)  The plan with respect to the information of the
1079	state on energy availability and consumption.
1080	Section 16.  Subsection (6) of section 366.04, Florida
1081	Statutes, is amended to read:
1082	366.04  Jurisdiction of commission.--
1083	(6)  The commission shall further have exclusive
1084	jurisdiction to prescribe and enforce safety standards for
1085	transmission and distribution facilities of all public electric
1086	utilities, cooperatives organized under the Rural Electric
1087	Cooperative Law, and electric utilities owned and operated by
1088	municipalities. In adopting safety standards, the commission
1089	shall, at a minimum:
1090	(a)  Adopt the 1984 edition of the National Electrical
1091	Safety Code (ANSI C2) as initial standards; and
1092	(b)  Adopt, after review, any new edition of the National
1093	Electrical Safety Code (ANSI C2).
1094
1095	The standards prescribed by the current 1984 edition of the
1096	National Electrical Safety Code (ANSI C2) shall constitute
1097	acceptable and adequate requirements for the protection of the
1098	safety of the public, and compliance with the minimum
1099	requirements of that code shall constitute good engineering
1100	practice by the utilities. The administrative authority referred
1101	to in the 1984 edition of the National Electrical Safety Code is
1102	the commission. However, nothing herein shall be construed as
1103	superseding, repealing, or amending the provisions of s.
1104	403.523(1) and (10).
1105	Section 17.  Subsections (1) and (8) of section 366.05,
1106	Florida Statutes, are amended to read:
1107	366.05  Powers.--
1108	(1)  In the exercise of such jurisdiction, the commission
1109	shall have power to prescribe fair and reasonable rates and
1110	charges, classifications, standards of quality and measurements,
1111	including the ability to adopt construction standards that
1112	exceed the National Electrical Safety Code, for purposes of
1113	ensuring the reliable provision of service, and service rules
1114	and regulations to be observed by each public utility; to
1115	require repairs, improvements, additions, replacements, and
1116	extensions to the plant and equipment of any public utility when
1117	reasonably necessary to promote the convenience and welfare of
1118	the public and secure adequate service or facilities for those
1119	reasonably entitled thereto; to employ and fix the compensation
1120	for such examiners and technical, legal, and clerical employees
1121	as it deems necessary to carry out the provisions of this
1122	chapter; and to adopt rules pursuant to ss. 120.536(1) and
1123	120.54 to implement and enforce the provisions of this chapter.
1124	(8)  If the commission determines that there is probable
1125	cause to believe that inadequacies exist with respect to the
1126	energy grids developed by the electric utility industry,
1127	including inadequacies in fuel diversity or fuel supply
1128	reliability, it shall have the power, after proceedings as
1129	provided by law, and after a finding that mutual benefits will
1130	accrue to the electric utilities involved, to require
1131	installation or repair of necessary facilities, including
1132	generating plants and transmission facilities, with the costs to
1133	be distributed in proportion to the benefits received, and to
1134	take all necessary steps to ensure compliance. The electric
1135	utilities involved in any action taken or orders issued pursuant
1136	to this subsection shall have full power and authority,
1137	notwithstanding any general or special laws to the contrary, to
1138	jointly plan, finance, build, operate, or lease generating and
1139	transmission facilities and shall be further authorized to
1140	exercise the powers granted to corporations in chapter 361. This
1141	subsection shall not supersede or control any provision of the
1142	Florida Electrical Power Plant Siting Act, ss. 403.501-403.518.
1143	Section 18.  Section 366.92, Florida Statutes, is created
1144	to read:
1145	366.92  Florida renewable energy policy.--
1146	(1)  It is the intent of the Legislature to promote the
1147	development of renewable energy; diversify the types of fuel
1148	used to generate electricity in Florida; lessen Florida's
1149	dependence on natural gas and fuel oil for the production of
1150	electricity; minimize the volatility of fuel costs; encourage
1151	investment within the state; improve environmental conditions;
1152	and at the same time, minimize the costs of power supply to
1153	electric utilities and their customers.
1154	(2)  For the purposes of this section, "Florida renewable
1155	energy resources" shall mean renewable energy, as defined in s.
1156	377.803, that is produced in Florida.
1157	(3)  The commission shall adopt appropriate goals for
1158	increasing the use of existing, expanded, and new Florida
1159	renewable energy resources. The commission may change the goals.
1160	The commission shall review and reestablish the goals at least
1161	once every five years.
1162	(4)  The commission may adopt rules to administer and
1163	implement the provisions of this section.
1164	Section 19.  The Florida Public Service Commission shall
1165	direct a study of the electric transmission grid in the state.
1166	The study shall look at electric system reliability to examine
1167	the efficiency and reliability of power transfer and emergency
1168	contingency conditions. In addition, the study shall examine the
1169	hardening of infrastructure to address issues arising from the
1170	2004 and 2005 hurricane seasons. A report of the results of the
1171	study shall be provided to the Governor, the President of the
1172	Senate, and the Speaker of the House of Representatives by March
1173	1, 2007.
1174	Section 20.  Subsections (5), (8), (9), (12), (18), (24),
1175	and (27) of section 403.503, Florida Statutes, are amended,
1176	subsections (6) through (28) are renumbered as (7) through (29),
1177	respectively, and  new subsections (6) and (16) are added to
1178	that section, to read:
1179	403.503  Definitions relating to Florida Electrical Power
1180	Plant Siting Act.--As used in this act:
1181	(5)  "Application" means the documents required by the
1182	department to be filed to initiate a certification review and
1183	evaluation, including the initial document filing, amendments,
1184	and responses to requests from the department for additional
1185	data and information proceeding and shall include the documents
1186	necessary for the department to render a decision on any permit
1187	required pursuant to any federally delegated or approved permit
1188	program.
1189	(6)  "Associated facilities" means, for the purpose of
1190	certification, those facilities which directly support the
1191	construction and operation of the electrical power plant such as
1192	fuel unloading facilities; pipelines necessary for transporting
1193	fuel for the operation of the facility or other fuel
1194	transportation facilities; water or wastewater transport
1195	pipelines; construction, maintenance, and access roads; and
1196	railway lines necessary for transport of construction equipment
1197	or fuel for the operation of the facility.
1198	(8)  "Completeness" means that the application has
1199	addressed all applicable sections of the prescribed application
1200	format, and but does not mean that those sections are sufficient
1201	in comprehensiveness of data or in quality of information
1202	provided to allow the department to determine whether the
1203	application provides the reviewing agencies adequate information
1204	to prepare the reports required by s. 403.507.
1205	(9)  "Corridor" means the proposed area within which an
1206	associated linear facility right-of-way is to be located. The
1207	width of the corridor proposed for certification as an
1208	associated facility, at the option of the applicant, may be the
1209	width of the right-of-way or a wider boundary, not to exceed a
1210	width of 1 mile. The area within the corridor in which a right-
1211	of-way may be located may be further restricted by a condition
1212	of certification. After all property interests required for the
1213	right-of-way have been acquired by the licensee applicant, the
1214	boundaries of the area certified shall narrow to only that land
1215	within the boundaries of the right-of-way.
1216	(12)  "Electrical power plant" means, for the purpose of
1217	certification, any steam or solar electrical generating facility
1218	using any process or fuel, including nuclear materials, and
1219	includes associated facilities which directly support the
1220	construction and operation of the electrical power plant and
1221	those associated transmission lines which connect the electrical
1222	power plant to an existing transmission network or rights-of-way
1223	to which the applicant intends to connect, except that this term
1224	does not include any steam or solar electrical generating
1225	facility of less than 75 megawatts in capacity unless the
1226	applicant for such a facility elects to apply for certification
1227	under this act. This term includes associated facilities to be
1228	owned by the applicant which are physically connected to the
1229	electrical power plant site or which are directly connected to
1230	the electrical power plant site by other proposed associated
1231	facilities to be owned by the applicant, and associated
1232	transmission lines to be owned by the applicant which connect
1233	the electrical power plant to an existing transmission network
1234	or rights-of-way of which the applicant intends to connect. An
1235	associated transmission line may include, At the applicant's
1236	option, this term may include, any offsite associated facilities
1237	which will not be owned by the applicant; offsite associated
1238	facilities which are owned by the applicant but which are not
1239	directly connected to the electrical power plant site; any
1240	proposed terminal or intermediate substations or substation
1241	expansions connected to the associated transmission line; or new
1242	transmission lines, upgrades, or improvements of an existing
1243	transmission line on any portion of the applicant's electrical
1244	transmission system necessary to support the generation injected
1245	into the system from the proposed electrical power plant.
1246	(16)  "Licensee" means an applicant that has obtained a
1247	certification order for the subject project.
1248	(19)(18)  "Nonprocedural requirements of agencies" means
1249	any agency's regulatory requirements established by statute,
1250	rule, ordinance, zoning ordinance, land development code, or
1251	comprehensive plan, excluding any provisions prescribing forms,
1252	fees, procedures, or time limits for the review or processing of
1253	information submitted to demonstrate compliance with such
1254	regulatory requirements.
1255	(25)(24)  "Right-of-way" means land necessary for the
1256	construction and maintenance of a connected associated linear
1257	facility, such as a railroad line, pipeline, or transmission
1258	line as owned by or proposed to be certified by the applicant.
1259	The typical width of the right-of-way shall be identified in the
1260	application. The right-of-way shall be located within the
1261	certified corridor and shall be identified by the applicant
1262	subsequent to certification in documents filed with the
1263	department prior to construction.
1264	(28)(27)  "Ultimate site capacity" means the maximum
1265	generating capacity for a site as certified by the board.
1266	"Sufficiency" means that the application is not only complete
1267	but that all sections are sufficient in the comprehensiveness of
1268	data or in the quality of information provided to allow the
1269	department to determine whether the application provides the
1270	reviewing agencies adequate information to prepare the reports
1271	required by s. 403.507.
1272	Section 21.  Subsections (1), (7), (9), and (10) of section
1273	403.504, Florida Statutes, are amended, and new subsections (9),
1274	(10), (11), and (12) are added to that section, to read:
1275	403.504  Department of Environmental Protection; powers and
1276	duties enumerated.--The department shall have the following
1277	powers and duties in relation to this act:
1278	(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54
1279	to implement the provisions of this act, including rules setting
1280	forth environmental precautions to be followed in relation to
1281	the location, construction, and operation of electrical power
1282	plants.
1283	(7)  To conduct studies and prepare a project written
1284	analysis under s. 403.507.
1285	(9)  To issue final orders after receipt of the
1286	administrative law judge's order relinquishing jurisdiction
1287	pursuant to s. 403.508(6).
1288	(10)  To act as clerk for the siting board.
1289	(11)  To administer and manage the terms and conditions of
1290	the certification order and supporting documents and records for
1291	the life of the facility.
1292	(12)  To issue emergency orders on behalf of the board for
1293	facilities licensed under this act.
1294	(9)  To notify all affected agencies of the filing of a
1295	notice of intent within 15 days after receipt of the notice.
1296	(10)  To issue, with the electrical power plant
1297	certification, any license required pursuant to any federally
1298	delegated or approved permit program.
1299	Section 22.  Section 403.5055, Florida Statutes, is amended
1300	to read:
1301	403.5055  Application for permits pursuant to s.
1302	403.0885.--In processing applications for permits pursuant to s.
1303	403.0885 that are associated with applications for electrical
1304	power plant certification:
1305	(1)  The procedural requirements set forth in 40 C.F.R. s.
1306	123.25, including public notice, public comments, and public
1307	hearings, shall be closely coordinated with the certification
1308	process established under this part. In the event of a conflict
1309	between the certification process and federally required
1310	procedures for NPDES permit issuance, the applicable federal
1311	requirements shall control.
1312	(2)  The department's proposed action pursuant to 40 C.F.R.
1313	s. 124.6, including any draft NPDES permit (containing the
1314	information required under 40 C.F.R. s. 124.6(d)), shall within
1315	130 days after the submittal of a complete application be
1316	publicly noticed and transmitted to the United States
1317	Environmental Protection Agency for its review pursuant to 33
1318	U.S.C. s. 1342(d).
1319	(2)(3)  If available at the time the department issues its
1320	project analysis pursuant to s. 403.507(5), the department shall
1321	include in its project analysis written analysis pursuant to s.
1322	403.507(3) copies of the department's proposed action pursuant
1323	to 40 C.F.R. s. 124.6 on any application for a NPDES permit; any
1324	corresponding comments received from the United States
1325	Environmental Protection Agency, the applicant, or the general
1326	public; and the department's response to those comments.
1327	(3)(4)  The department shall not issue or deny the permit
1328	pursuant to s. 403.0885 in advance of the issuance of the
1329	electrical electric power plant certification under this part
1330	unless required to do so by the provisions of federal law. When
1331	possible, any hearing on a permit issued pursuant to s. 403.0885
1332	shall be conducted in conjunction with the certification hearing
1333	held pursuant to this act. The department's actions on an NPDES
1334	permit shall be based on the record and recommended order of the
1335	certification hearing, if the hearing on the NPDES was conducted
1336	in conjunction with the certification hearing, and of any other
1337	proceeding held in connection with the application for an NPDES
1338	permit, timely public comments received with respect to the
1339	application, and the provisions of federal law. The department's
1340	action on an NPDES permit, if issued, shall differ from the
1341	actions taken by the siting board regarding the certification
1342	order if federal laws and regulations require different action
1343	to be taken to ensure compliance with the Clean Water Act, as
1344	amended, and implementing regulations. Nothing in this part
1345	shall be construed to displace the department's authority as the
1346	final permitting entity under the federally approved state NPDES
1347	program. Nothing in this part shall be construed to authorize
1348	the issuance of a state NPDES permit which does not conform to
1349	the requirements of the federally approved state NPDES program.
1350	The permit, if issued, shall be valid for no more than 5 years.
1351	(5)  The department's action on an NPDES permit renewal, if
1352	issued, shall differ from the actions taken by the siting board
1353	regarding the certification order if federal laws and
1354	regulations require different action to be taken to ensure
1355	compliance with the Clean Water Act, as amended, and
1356	implementing regulations.
1357	Section 23.  Section 403.506, Florida Statutes, is amended
1358	to read:
1359	403.506  Applicability, thresholds, and certification.--
1360	(1)  The provisions of this act shall apply to any
1361	electrical power plant as defined herein, except that the
1362	provisions of this act shall not apply to any electrical power
1363	plant or steam generating plant of less than 75 megawatts in
1364	capacity or to any substation to be constructed as part of an
1365	associated transmission line unless the applicant has elected to
1366	apply for certification of such plant or substation under this
1367	act. The provisions of this act shall not apply to any unit
1368	capacity expansion of 35 megawatts or less of an existing
1369	exothermic reaction cogeneration unit that was exempt from this
1370	act when it was originally built; however, this exemption shall
1371	not apply if the unit uses oil or natural gas for purposes other
1372	than unit startup. No construction of any new electrical power
1373	plant or expansion in steam generating capacity as measured by
1374	an increase in the maximum electrical generator rating of any
1375	existing electrical power plant may be undertaken after October
1376	1, 1973, without first obtaining certification in the manner as
1377	herein provided, except that this act shall not apply to any
1378	such electrical power plant which is presently operating or
1379	under construction or which has, upon the effective date of
1380	chapter 73-33, Laws of Florida, applied for a permit or
1381	certification under requirements in force prior to the effective
1382	date of such act.
1383	(2)  Except as provided in the certification, modification
1384	of nonnuclear fuels, internal related hardware, including
1385	increases in steam turbine efficiency, or operating conditions
1386	not in conflict with certification which increase the electrical
1387	output of a unit to no greater capacity than the maximum
1388	electrical generator rating operating capacity of the existing
1389	generator shall not constitute an alteration or addition to
1390	generating capacity which requires certification pursuant to
1391	this act.
1392	(3)  The application for any related department license
1393	which is required pursuant to any federally delegated or
1394	approved permit program shall be processed within the time
1395	periods allowed by this act, in lieu of those specified in s.
1396	120.60. However, permits issued pursuant to s. 403.0885 shall be
1397	processed in accordance with 40 C.F.R. part 123.
1398	Section 24.  Section 403.5064, Florida Statutes, is amended
1399	to read:
1400	403.5064  Application Distribution of application;
1401	schedules.--
1402	(1)  The formal date of filing of a certification
1403	application and commencement of the certification review process
1404	shall be when the applicant submits:
1405	(a)  Copies of the certification application in a quantity
1406	and format as prescribed by rule to the department and other
1407	agencies identified in s. 403.507(2)(a).
1408	(b)  The application fee specified under s. 403.518 to the
1409	department.
1410	(2)(1)  Within 7 days after the filing of an application,
1411	the department shall provide to the applicant and the Division
1412	of Administrative Hearings the names and addresses of any
1413	additional those affected or other agencies or persons entitled
1414	to notice and copies of the application and any amendments.
1415	Copies of the application shall be distributed within 5 days by
1416	the applicant to these additional agencies. This distribution
1417	shall not be a basis for altering the schedule of dates for the
1418	certification process.
1419	(3)  Any amendment to the application made prior to
1420	certification shall be disposed of as part of the original
1421	certification proceeding. Amendment of the application may be
1422	considered good cause for alteration of time limits pursuant to
1423	s. 403.5095.
1424	(4)(2)  Within 7 days after the filing of an application
1425	completeness has been determined, the department shall prepare a
1426	proposed schedule of dates for determination of completeness,
1427	submission of statements of issues, determination of
1428	sufficiency, and submittal of final reports, from affected and
1429	other agencies and other significant dates to be followed during
1430	the certification process, including dates for filing notices of
1431	appearance to be a party pursuant to s. 403.508(3)(4). This
1432	schedule shall be timely provided by the department to the
1433	applicant, the administrative law judge, all agencies identified
1434	pursuant to subsection (2) (1), and all parties. Within 7 days
1435	after the filing of the proposed schedule, the administrative
1436	law judge shall issue an order establishing a schedule for the
1437	matters addressed in the department's proposed schedule and
1438	other appropriate matters, if any.
1439	(5)(3)  Within 7 days after completeness has been
1440	determined, the applicant shall distribute copies of the
1441	application to all agencies identified by the department
1442	pursuant to subsection (1). Copies of changes and amendments to
1443	the application shall be timely distributed by the applicant to
1444	all affected agencies and parties who have received a copy of
1445	the application.
1446	(6)  Notice of the filing of the application shall be
1447	published in accordance with the requirements of s. 403.5115.
1448	Section 25.  Section 403.5065, Florida Statutes, is amended
1449	to read:
1450	403.5065  Appointment of administrative law judge; powers
1451	and duties.--
1452	(1)  Within 7 days after receipt of an application, whether
1453	complete or not, the department shall request the Division of
1454	Administrative Hearings to designate an administrative law judge
1455	to conduct the hearings required by this act. The division
1456	director shall designate an administrative law judge within 7
1457	days after receipt of the request from the department. In
1458	designating an administrative law judge for this purpose, the
1459	division director shall, whenever practicable, assign an
1460	administrative law judge who has had prior experience or
1461	training in electrical power plant site certification
1462	proceedings. Upon being advised that an administrative law judge
1463	has been appointed, the department shall immediately file a copy
1464	of the application and all supporting documents with the
1465	designated administrative law judge, who shall docket the
1466	application.
1467	(2)  The administrative law judge shall have all powers and
1468	duties granted to administrative law judges by chapter 120 and
1469	by the laws and rules of the department.
1470	Section 26.  Section 403.5066, Florida Statutes, is amended
1471	to read:
1472	403.5066  Determination of completeness.--
1473	(1)(a)  Within 30 days after the filing of an application,
1474	affected agencies shall file a statement with the department
1475	containing each agency's recommendations on the completeness of
1476	the application.
1477	(b)  Within 40 15 days after the filing receipt of an
1478	application, the department shall file a statement with the
1479	Division of Administrative Hearings, and with the applicant, and
1480	with all parties declaring its position with regard to the
1481	completeness, not the sufficiency, of the application. The
1482	department's statement shall be based upon consultation with the
1483	affected agencies.
1484	(2)(1)  If the department declares the application to be
1485	incomplete, the applicant, within 15 days after the filing of
1486	the statement by the department, shall file with the Division of
1487	Administrative Hearings, and with the department, and all
1488	parties a statement:
1489	(a)  A withdrawal of Agreeing with the statement of the
1490	department and withdrawing the application;
1491	(b)  A statement agreeing to supply the additional
1492	information necessary to make the application complete. Such
1493	additional information shall be provided within 30 days after
1494	the issuance of the department's statement on completeness of
1495	the application. The time schedules under this act shall not be
1496	tolled if the applicant makes the application complete within 30
1497	days after the issuance of the department's statement on
1498	completeness of the application. A subsequent finding by the
1499	department that the application remains incomplete, based upon
1500	the additional information submitted by the applicant or upon
1501	the failure of the applicant to timely submit the additional
1502	information, tolls the time schedules under this act until the
1503	application is determined complete; Agreeing with the statement
1504	of the department and agreeing to amend the application without
1505	withdrawing it. The time schedules referencing a complete
1506	application under this act shall not commence until the
1507	application is determined complete; or
1508	(c)  A statement contesting the department's determination
1509	of incompleteness; or contesting the statement of the
1510	department.
1511	(d)  A statement agreeing with the department and
1512	requesting additional time beyond 30 days to provide the
1513	information necessary to make the application complete. If the
1514	applicant exercises this option, the time schedules under this
1515	act are tolled until the application is determined complete.
1516	(3)(a)(2)  If the applicant contests the determination by
1517	the department that an application is incomplete, the
1518	administrative law judge shall schedule a hearing on the
1519	statement of completeness. The hearing shall be held as
1520	expeditiously as possible, but not later than 21 30 days after
1521	the filing of the statement by the department. The
1522	administrative law judge shall render a decision within 7 10
1523	days after the hearing.
1524	(b)  Parties to a hearing on the issue of completeness
1525	shall include the applicant, the department, and any agency that
1526	has jurisdiction over the matter in dispute.
1527	(c)(a)  If the administrative law judge determines that the
1528	application was not complete as filed, the applicant shall
1529	withdraw the application or make such additional submittals as
1530	necessary to complete it. The time schedules referencing a
1531	complete application under this act shall not commence until the
1532	application is determined complete.
1533	(d)(b)  If the administrative law judge determines that the
1534	application was complete at the time it was declared incomplete
1535	filed, the time schedules referencing a complete application
1536	under this act shall commence upon such determination.
1537	(4)  If the applicant provides additional information to
1538	address the issues identified in the determination of
1539	incompleteness, each affected agency may submit to the
1540	department, no later than 15 days after the applicant files the
1541	additional information, a recommendation on whether the agency
1542	believes the application is complete. Within 22 days after
1543	receipt of the additional information from the applicant
1544	submitted under paragraph (2)(b), paragraph (2)(d), or paragraph
1545	(3)(c), the department shall determine whether the additional
1546	information supplied by an applicant makes the application
1547	complete. If the department finds that the application is still
1548	incomplete, the applicant may exercise any of the options
1549	specified in subsection (2) as often as is necessary to resolve
1550	the dispute.
1551	Section 27.  Section 403.50663, Florida Statutes, is
1552	created to read:
1553	403.50663  Informational public meetings.--
1554	(1)  A local government within whose jurisdiction the power
1555	plant is proposed to be sited may hold one informational public
1556	meeting in addition to the hearings specifically authorized by
1557	this act on any matter associated with the electrical power
1558	plant proceeding. Such informational public meetings shall be
1559	held by the local government or by the regional planning council
1560	if the local government does not hold such meeting within 70
1561	days after the filing of the application. The purpose of an
1562	informational public meeting is for the local government or
1563	regional planning council to further inform the public about the
1564	proposed electrical power plant or associated facilities, obtain
1565	comments from the public, and formulate its recommendation with
1566	respect to the proposed electrical power plant.
1567	(2)  Informational public meetings shall be held solely at
1568	the option of each local government or regional planning council
1569	if a public meeting is not held by the local government. It is
1570	the legislative intent that local governments or regional
1571	planning councils attempt to hold such public meetings. Parties
1572	to the proceedings under this act shall be encouraged to attend;
1573	however, no party other than the applicant and the department
1574	shall be required to attend such informational public meetings.
1575	(3)  A local government or regional planning council that
1576	intends to conduct an informational public meeting must provide
1577	notice of the meeting to all parties not less than 5 days prior
1578	to the meeting.
1579	(4)  The failure to hold an informational public meeting or
1580	the procedure used for the informational public meeting are not
1581	grounds for the alteration of any time limitation in this act
1582	under s. 403.5095 or grounds to deny or condition certification.
1583	Section 28.  Section 403.50665, Florida Statutes, is
1584	created to read:
1585	403.50665  Land use consistency.--
1586	(1)  The applicant shall include in the application a
1587	statement on the consistency of the site or any directly
1588	associated facilities with existing land use plans and zoning
1589	ordinances that were in effect on the date the application was
1590	filed and a full description of such consistency.
1591	(2)  Within 45 days after the filing of the application,
1592	each local government shall file a determination with the
1593	department, the applicant, the administrative law judge, and all
1594	parties on the consistency of the site or any directly
1595	associated facilities with existing land use plans and zoning
1596	ordinances that were in effect on the date the application was
1597	filed, based on the information provided in the application.
1598	Notice of the consistency determination shall be published in
1599	accordance with the requirements of s. 403.5115.
1600	(3)  If the local government issues a determination that
1601	the proposed electrical power plant is not consistent or in
1602	compliance with local land use plans and zoning ordinances, the
1603	applicant may apply to the local government for the necessary
1604	local approval to address the inconsistencies in the local
1605	government's determination. If the applicant makes such an
1606	application to the local government, the time schedules under
1607	this act shall be tolled until the local government issues its
1608	revised determination on land use and zoning or the applicant
1609	otherwise withdraws its application to the local government. If
1610	the applicant applies to the local government for necessary
1611	local land use or zoning approval, the local government shall
1612	issue a revised determination within 30 days following the
1613	conclusion of that local proceeding, and the time schedules and
1614	notice requirements under this act shall apply to such revised
1615	determination.
1616	(4)  If any substantially affected person wishes to dispute
1617	the local government's determination, he or she shall file a
1618	petition with the department within 21 days after the
1619	publication of notice of the local government's determination.
1620	If a hearing is requested, the provisions of s. 403.508(1) shall
1621	apply.
1622	(5)  The dates in this section may be altered upon
1623	agreement between the applicant, the local government, and the
1624	department pursuant to s. 403.5095.
1625	(6)  If it is determined by the local government that the
1626	proposed site or directly associated facility does conform with
1627	existing land use plans and zoning ordinances in effect as of
1628	the date of the application and no petition has been filed, the
1629	responsible zoning or planning authority shall not thereafter
1630	change such land use plans or zoning ordinances so as to
1631	foreclose construction and operation of the proposed site or
1632	directly associated facilities unless certification is
1633	subsequently denied or withdrawn.
1634	Section 29.  Section 403.5067, Florida Statutes, is
1635	repealed.
1636	Section 30.  Section 403.507, Florida Statutes, is amended
1637	to read:
1638	403.507  Preliminary statements of issues, reports, project
1639	analyses, and studies.--
1640	(1)  Each affected agency identified in paragraph (2)(a)
1641	shall submit a preliminary statement of issues to the
1642	department, and the applicant, and all parties no later than 40
1643	60 days after the certification application has been determined
1644	distribution of the complete application. The failure to raise
1645	an issue in this statement shall not preclude the issue from
1646	being raised in the agency's report.
1647	(2)(a)  No later than 100 days after the certification
1648	application has been determined complete, the following agencies
1649	shall prepare reports as provided below and shall submit them to
1650	the department and the applicant within 150 days after
1651	distribution of the complete application:
1652	1.  The Department of Community Affairs shall prepare a
1653	report containing recommendations which address the impact upon
1654	the public of the proposed electrical power plant, based on the
1655	degree to which the electrical power plant is consistent with
1656	the applicable portions of the state comprehensive plan,
1657	emergency management, and other such matters within its
1658	jurisdiction. The Department of Community Affairs may also
1659	comment on the consistency of the proposed electrical power
1660	plant with applicable strategic regional policy plans or local
1661	comprehensive plans and land development regulations.
1662	2.  The Public Service Commission shall prepare a report as
1663	to the present and future need for the electrical generating
1664	capacity to be supplied by the proposed electrical power plant.
1665	The report shall include the commission's determination pursuant
1666	to s. 403.519 and may include the commission's comments with
1667	respect to any other matters within its jurisdiction.
1668	2.3.  The water management district shall prepare a report
1669	as to matters within its jurisdiction, including but not limited
1670	to, the impact of the proposed electrical power plant on water
1671	resources, regional water supply planning, and district-owned
1672	lands and works.
1673	3.4.  Each local government in whose jurisdiction the
1674	proposed electrical power plant is to be located shall prepare a
1675	report as to the consistency of the proposed electrical power
1676	plant with all applicable local ordinances, regulations,
1677	standards, or criteria that apply to the proposed electrical
1678	power plant, including adopted local comprehensive plans, land
1679	development regulations, and any applicable local environmental
1680	regulations adopted pursuant to s. 403.182 or by other means.
1681	4.5.  The Fish and Wildlife Conservation Commission shall
1682	prepare a report as to matters within its jurisdiction.
1683	5.6.  Each The regional planning council shall prepare a
1684	report containing recommendations that address the impact upon
1685	the public of the proposed electrical power plant, based on the
1686	degree to which the electrical power plant is consistent with
1687	the applicable provisions of the strategic regional policy plan
1688	adopted pursuant to chapter 186 and other matters within its
1689	jurisdiction.
1690	6.  The Department of Transportation shall address the
1691	impact of the proposed electrical power plant on matters within
1692	its jurisdiction.
1693	(b)7.  Any other agency, if requested by the department,
1694	shall also perform studies or prepare reports as to matters
1695	within that agency's jurisdiction which may potentially be
1696	affected by the proposed electrical power plant.
1697	(b)  As needed to verify or supplement the studies made by
1698	the applicant in support of the application, it shall be the
1699	duty of the department to conduct, or contract for, studies of
1700	the proposed electrical power plant and site, including, but not
1701	limited to, the following, which shall be completed no later
1702	than 210 days after the complete application is filed with the
1703	department:
1704	1.  Cooling system requirements.
1705	2.  Construction and operational safeguards.
1706	3.  Proximity to transportation systems.
1707	4.  Soil and foundation conditions.
1708	5.  Impact on suitable present and projected water supplies
1709	for this and other competing uses.
1710	6.  Impact on surrounding land uses.
1711	7.  Accessibility to transmission corridors.
1712	8.  Environmental impacts.
1713	9.  Requirements applicable under any federally delegated
1714	or approved permit program.
1715	(3)(c)  Each report described in subsection (2) paragraphs
1716	(a) and (b) shall contain:
1717	(a)  A notice of any nonprocedural requirements not
1718	specifically listed in the application from which a variance,
1719	exemption, exception all information on variances, exemptions,
1720	exceptions, or other relief is necessary in order for the
1721	proposed electrical power plant to be certified. Failure of such
1722	notification by an agency shall be treated as a waiver from
1723	nonprocedural requirements of that agency. However, no variance
1724	shall be granted from standards or regulations of the department
1725	applicable under any federally delegated or approved permit
1726	program, except as expressly allowed in such program. which may
1727	be required by s. 403.511(2) and
1728	(b)  A recommendation for approval or denial of the
1729	application.
1730	(c)  Any proposed conditions of certification on matters
1731	within the jurisdiction of such agency. For each condition
1732	proposed by an agency in its report, the agency shall list the
1733	specific statute, rule, or ordinance which authorizes the
1734	proposed condition.
1735	(d)  The agencies shall initiate the activities required by
1736	this section no later than 15 30 days after the complete
1737	application is distributed. The agencies shall keep the
1738	applicant and the department informed as to the progress of the
1739	studies and any issues raised thereby.
1740	(3)  No later than 60 days after the application for a
1741	federally required new source review or prevention of
1742	significant deterioration permit for the electrical power plant
1743	is complete and sufficient, the department shall issue its
1744	preliminary determination on such permit. Notice of such
1745	determination shall be published as required by the department's
1746	rules for notices of such permits. The department shall receive
1747	public comments and comments from the United States
1748	Environmental Protection Agency and other affected agencies on
1749	the preliminary determination as provided for in the federally
1750	approved state implementation plan. The department shall
1751	maintain a record of all comments received and considered in
1752	taking action on such permits. If a petition for an
1753	administrative hearing on the department's preliminary
1754	determination is filed by a substantially affected person, that
1755	hearing shall be consolidated with the certification hearing.
1756	(4)(a)  No later than 150 days after the application is
1757	filed, the Public Service Commission shall prepare a report as
1758	to the present and future need for electrical generating
1759	capacity to be supplied by the proposed electrical power plant.
1760	The report shall include the commission's determination pursuant
1761	to s. 403.519 and may include the commission's comments with
1762	respect to any other matters within its jurisdiction.
1763	(b)  Receipt of an affirmative determination of need by the
1764	submittal deadline under paragraph (a) shall be a condition
1765	precedent to issuance of the department's project analysis and
1766	conduct of the certification hearing.
1767	(5)(4)  The department shall prepare a project written
1768	analysis, which shall be filed with the designated
1769	administrative law judge and served on all parties no later than
1770	130 240 days after the complete application is determined
1771	complete filed with the department, but no later than 60 days
1772	prior to the hearing, and which shall include:
1773	(a)  A statement indicating whether the proposed electrical
1774	power plant and proposed ultimate site capacity will be in
1775	compliance and consistent with matters within the department's
1776	standard jurisdiction, including with the rules of the
1777	department, as well as whether the proposed electrical power
1778	plant and proposed ultimate site capacity will be in compliance
1779	with the nonprocedural requirements of the affected agencies.
1780	(b)  Copies of the studies and reports required by this
1781	section and s. 403.519.
1782	(c)  The comments received by the department from any other
1783	agency or person.
1784	(d)  The recommendation of the department as to the
1785	disposition of the application, of variances, exemptions,
1786	exceptions, or other relief identified by any party, and of any
1787	proposed conditions of certification which the department
1788	believes should be imposed.
1789	(e)  If available, the recommendation of the department
1790	regarding the issuance of any license required pursuant to a
1791	federally delegated or approved permit program.
1792	(f)  Copies of the department's draft of the operation
1793	permit for a major source of air pollution, which must also be
1794	provided to the United States Environmental Protection Agency
1795	for review within 5 days after issuance of the written analysis.
1796	(6)(5)  Except when good cause is shown, the failure of any
1797	agency to submit a preliminary statement of issues or a report,
1798	or to submit its preliminary statement of issues or report
1799	within the allowed time, shall not be grounds for the alteration
1800	of any time limitation in this act. Neither the failure to
1801	submit a preliminary statement of issues or a report nor the
1802	inadequacy of the preliminary statement of issues or report are
1803	shall be grounds to deny or condition certification.
1804	Section 31.  Section 403.508, Florida Statutes, is amended
1805	to read:
1806	403.508  Land use and certification hearings proceedings,
1807	parties, participants.--
1808	(1)(a)  If a petition for a hearing on land use has been
1809	filed pursuant to s. 403.50665, the designated administrative
1810	law judge shall conduct a land use hearing in the county of the
1811	proposed site or directly associated facility, as applicable, as
1812	expeditiously as possible, but not later than 30 within 90 days
1813	after the department's receipt of the petition a complete
1814	application for electrical power plant site certification by the
1815	department. The place of such hearing shall be as close as
1816	possible to the proposed site or directly associated facility.
1817	If a petition is filed, the hearing shall be held regardless of
1818	the status of the completeness of the application. However,
1819	incompleteness of information necessary for a local government
1820	to evaluate an application may be claimed by the local
1821	government as cause for a statement of inconsistency with
1822	existing land use plans and zoning ordinances under s.
1823	403.50665.
1824	(b)  Notice of the land use hearing shall be published in
1825	accordance with the requirements of s. 403.5115.
1826	(c)(2)  The sole issue for determination at the land use
1827	hearing shall be whether or not the proposed site is consistent
1828	and in compliance with existing land use plans and zoning
1829	ordinances. If the administrative law judge concludes that the
1830	proposed site is not consistent or in compliance with existing
1831	land use plans and zoning ordinances, the administrative law
1832	judge shall receive at the hearing evidence on, and address in
1833	the recommended order any changes to or approvals or variances
1834	under, the applicable land use plans or zoning ordinances which
1835	will render the proposed site consistent and in compliance with
1836	the local land use plans and zoning ordinances.
1837	(d)  The designated administrative law judge's recommended
1838	order shall be issued within 30 days after completion of the
1839	hearing and shall be reviewed by the board within 60 45 days
1840	after receipt of the recommended order by the board.
1841	(e)  If it is determined by the board that the proposed
1842	site does conform with existing land use plans and zoning
1843	ordinances in effect as of the date of the application, or as
1844	otherwise provided by this act, the responsible zoning or
1845	planning authority shall not thereafter change such land use
1846	plans or zoning ordinances so as to foreclose construction and
1847	operation of affect the proposed electrical power plant on the
1848	proposed site or directly associated facilities unless
1849	certification is subsequently denied or withdrawn.
1850	(f)  If it is determined by the board that the proposed
1851	site does not conform with existing land use plans and zoning
1852	ordinances, it shall be the responsibility of the applicant to
1853	make the necessary application for rezoning. Should the
1854	application for rezoning be denied, the applicant may appeal
1855	this decision to the board, which may, if it determines after
1856	notice and hearing and upon consideration of the recommended
1857	order on land use and zoning issues that it is in the public
1858	interest to authorize the use of the land as a site for an
1859	electrical power plant, authorize a variance or other necessary
1860	approval to the adopted land use plan and zoning ordinances
1861	required to render the proposed site consistent with local land
1862	use plans and zoning ordinances. The board's action shall not be
1863	controlled by any other procedural requirements of law. In the
1864	event a variance or other approval is denied by the board, it
1865	shall be the responsibility of the applicant to make the
1866	necessary application for any approvals determined by the board
1867	as required to make the proposed site consistent and in
1868	compliance with local land use plans and zoning ordinances. No
1869	further action may be taken on the complete application by the
1870	department until the proposed site conforms to the adopted land
1871	use plan or zoning ordinances or the board grants relief as
1872	provided under this act.
1873	(2)(a)(3)  A certification hearing shall be held by the
1874	designated administrative law judge no later than 265 300 days
1875	after the complete application is filed with the department;
1876	however, an affirmative determination of need by the Public
1877	Service Commission pursuant to s. 403.519 shall be a condition
1878	precedent to the conduct of the certification hearing. The
1879	certification hearing shall be held at a location in proximity
1880	to the proposed site. The certification hearing shall also
1881	constitute the sole hearing allowed by chapter 120 to determine
1882	the substantial interest of a party regarding any required
1883	agency license or any related permit required pursuant to any
1884	federally delegated or approved permit program. At the
1885	conclusion of the certification hearing, the designated
1886	administrative law judge shall, after consideration of all
1887	evidence of record, submit to the board a recommended order no
1888	later than 45 60 days after the filing of the hearing
1889	transcript. In the event the administrative law judge fails to
1890	issue a recommended order within 60 days after the filing of the
1891	hearing transcript, the administrative law judge shall submit a
1892	report to the board with a copy to all parties within 60 days
1893	after the filing of the hearing transcript to advise the board
1894	of the reason for the delay in the issuance of the recommended
1895	order and of the date by which the recommended order will be
1896	issued.
1897	(b)  Notice of the certification hearing and notice of the
1898	deadline for filing of notice of intent to be a party shall be
1899	made in accordance with the requirements of s. 403.5115.
1900	(3)(a)(4)(a)  Parties to the proceeding shall include:
1901	1.  The applicant.
1902	2.  The Public Service Commission.
1903	3.  The Department of Community Affairs.
1904	4.  The Fish and Wildlife Conservation Commission.
1905	5.  The water management district.
1906	6.  The department.
1907	7.  The regional planning council.
1908	8.  The local government.
1909	9.  The Department of Transportation.
1910	(b)  Any party listed in paragraph (a) other than the
1911	department or the applicant may waive its right to participate
1912	in these proceedings. If such listed party fails to file a
1913	notice of its intent to be a party on or before the 90th day
1914	prior to the certification hearing, such party shall be deemed
1915	to have waived its right to be a party.
1916	(c)  Notwithstanding the provisions of chapter 120, upon
1917	the filing with the administrative law judge of a notice of
1918	intent to be a party no later than 75 days after the application
1919	is filed at least 15 days prior to the date of the land use
1920	hearing, the following shall also be parties to the proceeding:
1921	1.  Any agency not listed in paragraph (a) as to matters
1922	within its jurisdiction.
1923	2.  Any domestic nonprofit corporation or association
1924	formed, in whole or in part, to promote conservation or natural
1925	beauty; to protect the environment, personal health, or other
1926	biological values; to preserve historical sites; to promote
1927	consumer interests; to represent labor, commercial, or
1928	industrial groups; or to promote comprehensive planning or
1929	orderly development of the area in which the proposed electrical
1930	power plant is to be located.
1931	(d)  Notwithstanding paragraph (e), failure of an agency
1932	described in subparagraph (c)1. to file a notice of intent to be
1933	a party within the time provided herein shall constitute a
1934	waiver of the right of that agency to participate as a party in
1935	the proceeding.
1936	(e)  Other parties may include any person, including those
1937	persons enumerated in paragraph (c) who have failed to timely
1938	file a notice of intent to be a party, whose substantial
1939	interests are affected and being determined by the proceeding
1940	and who timely file a motion to intervene pursuant to chapter
1941	120 and applicable rules. Intervention pursuant to this
1942	paragraph may be granted at the discretion of the designated
1943	administrative law judge and upon such conditions as he or she
1944	may prescribe any time prior to 30 days before the commencement
1945	of the certification hearing.
1946	(f)  Any agency, including those whose properties or works
1947	are being affected pursuant to s. 403.509(4), shall be made a
1948	party upon the request of the department or the applicant.
1949	(4)(a)  The order of presentation at the certification
1950	hearing, unless otherwise changed by the administrative law
1951	judge to ensure the orderly presentation of witnesses and
1952	evidence, shall be:
1953	1.  The applicant.
1954	2.  The department.
1955	3.  State agencies.
1956	4.  Regional agencies, including regional planning councils
1957	and water management districts.
1958	5.  Local governments.
1959	6.  Other parties.
1960	(b)(5)  When appropriate, any person may be given an
1961	opportunity to present oral or written communications to the
1962	designated administrative law judge. If the designated
1963	administrative law judge proposes to consider such
1964	communications, then all parties shall be given an opportunity
1965	to cross-examine or challenge or rebut such communications.
1966	(5)  At the conclusion of the certification hearing, the
1967	designated administrative law judge shall, after consideration
1968	of all evidence of record, submit to the board a recommended
1969	order no later than 45 days after the filing of the hearing
1970	transcript.
1971	(6)(a)  No earlier than 29 days prior to the conduct of the
1972	certification hearing, the department or the applicant may
1973	request that the administrative law judge cancel the
1974	certification hearing and relinquish jurisdiction to the
1975	department if all parties to the proceeding stipulate that there
1976	are no disputed issues of fact or law to be raised at the
1977	certification hearing, and if sufficient time remains for the
1978	applicant and the department to publish public notices of the
1979	cancellation of the hearing at least 3 days prior to the
1980	scheduled date of the hearing.
1981	(b)  The administrative law judge shall issue an order
1982	granting or denying the request within 5 days after receipt of
1983	the request.
1984	(c)  If the administrative law judge grants the request,
1985	the department and the applicant shall publish notices of the
1986	cancellation of the certification hearing, in accordance with s.
1987	403.5115.
1988	(d)1.  If the administrative law judge grants the request,
1989	the department shall prepare and issue a final order in
1990	accordance with s. 403.509(1)(a).
1991	2.  Parties may submit proposed recommended orders to the
1992	department no later than 10 days after the administrative law
1993	judge issues an order relinquishing jurisdiction.
1994	(7)  The applicant shall pay those expenses and costs
1995	associated with the conduct of the hearings and the recording
1996	and transcription of the proceedings.
1997	(6)  The designated administrative law judge shall have all
1998	powers and duties granted to administrative law judges by
1999	chapter 120 and this chapter and by the rules of the department
2000	and the Administration Commission, including the authority to
2001	resolve disputes over the completeness and sufficiency of an
2002	application for certification.
2003	(7)  The order of presentation at the certification
2004	hearing, unless otherwise changed by the administrative law
2005	judge to ensure the orderly presentation of witnesses and
2006	evidence, shall be:
2007	(a)  The applicant.
2008	(b)  The department.
2009	(c)  State agencies.
2010	(d)  Regional agencies, including regional planning
2011	councils and water management districts.
2012	(e)  Local governments.
2013	(f)  Other parties.
2014	(8)  In issuing permits under the federally approved new
2015	source review or prevention of significant deterioration permit
2016	program, the department shall observe the procedures specified
2017	under the federally approved state implementation plan,
2018	including public notice, public comment, public hearing, and
2019	notice of applications and amendments to federal, state, and
2020	local agencies, to assure that all such permits issued in
2021	coordination with the certification of a power plant under this
2022	act are federally enforceable and are issued after opportunity
2023	for informed public participation regarding the terms and
2024	conditions thereof. When possible, any hearing on a federally
2025	approved or delegated program permit such as new source review,
2026	prevention of significant deterioration permit, or NPDES permit
2027	shall be conducted in conjunction with the certification hearing
2028	held under this act. The department shall accept written comment
2029	with respect to an application for, or the department's
2030	preliminary determination on, a new source review or prevention
2031	of significant deterioration permit for a period of no less than
2032	30 days from the date notice of such action is published. Upon
2033	request submitted within 30 days after published notice, the
2034	department shall hold a public meeting, in the area affected,
2035	for the purpose of receiving public comment on issues related to
2036	the new source review or prevention of significant deterioration
2037	permit. If requested following notice of the department's
2038	preliminary determination, the public meeting to receive public
2039	comment shall be held prior to the scheduled certification
2040	hearing. The department shall also solicit comments from the
2041	United States Environmental Protection Agency and other affected
2042	federal agencies regarding the department's preliminary
2043	determination for any federally required new source review or
2044	prevention of significant deterioration permit. It is the intent
2045	of the Legislature that the review, processing, and issuance of
2046	such federally delegated or approved permits be closely
2047	coordinated with the certification process established under
2048	this part. In the event of a conflict between the certification
2049	process and federally required procedures contained in the state
2050	implementation plan, the applicable federal requirements of the
2051	implementation plan shall control.
2052	Section 32.  Section 403.509, Florida Statutes, is amended
2053	to read:
2054	403.509  Final disposition of application.--
2055	(1)(a)  If the administrative law judge has granted a
2056	request to cancel the certification hearing and has relinquished
2057	jurisdiction to the department under the provisions of s.
2058	403.508(6), within 40 days thereafter, the secretary of the
2059	department shall act upon the application by written order in
2060	accordance with the terms of this act and the stipulation of the
2061	parties in requesting cancellation of the certification hearing.
2062	(b)  If the administrative law judge has not granted a
2063	request to cancel the certification hearing under the provisions
2064	of s. 403.508(6), within 60 days after receipt of the designated
2065	administrative law judge's recommended order, the board shall
2066	act upon the application by written order, approving
2067	certification or denying certification the issuance of a
2068	certificate, in accordance with the terms of this act, and
2069	stating the reasons for issuance or denial. If certification the
2070	certificate is denied, the board shall set forth in writing the
2071	action the applicant would have to take to secure the board's
2072	approval of the application.
2073	(2)  The issues that may be raised in any hearing before
2074	the board shall be limited to those matters raised in the
2075	certification proceeding before the administrative law judge or
2076	raised in the recommended order. All parties, or their
2077	representatives, or persons who appear before the board shall be
2078	subject to the provisions of s. 120.66.
2079	(3)  In determining whether an application should be
2080	approved in whole, approved with modifications or conditions, or
2081	denied, the board, or secretary when applicable, shall consider
2082	whether, and the extent to which, the location of the electrical
2083	power plant and directly associated facilities and their
2084	construction and operation will:
2085	(a)  Provide reasonable assurance that operational
2086	safeguards are technically sufficient for the public welfare and
2087	protection.
2088	(b)  Comply with applicable nonprocedural requirements of
2089	agencies.
2090	(c)  Be consistent with applicable local government
2091	comprehensive plans and land development regulations.
2092	(d)  Meet the electrical energy needs of the state in an
2093	orderly and timely fashion.
2094	(e)  Effect a reasonable balance between the need for the
2095	facility as established pursuant to s. 403.519, and the impacts
2096	upon air and water quality, fish and wildlife, water resources,
2097	and other natural resources of the state resulting from the
2098	construction and operation of the facility.
2099	(f)  Minimize, through the use of reasonable and available
2100	methods, the adverse effects on human health, the environment,
2101	and the ecology of the land and its wildlife and the ecology of
2102	state waters and their aquatic life.
2103	(g)  Serve and protect the broad interests of the public.
2104	(3)  Within 30 days after issuance of the certification,
2105	the department shall issue and forward to the United States
2106	Environmental Protection Agency a proposed operation permit for
2107	a major source of air pollution and must issue or deny any other
2108	license required pursuant to any federally delegated or approved
2109	permit program. The department's action on the license and its
2110	action on the proposed operation permit for a major source of
2111	air pollution shall be based upon the record and recommended
2112	order of the certification hearing. The department's actions on
2113	a federally required new source review or prevention of
2114	significant deterioration permit shall be based on the record
2115	and recommended order of the certification hearing and of any
2116	other proceeding held in connection with the application for a
2117	new source review or prevention of significant deterioration
2118	permit, on timely public comments received with respect to the
2119	application or preliminary determination for such permit, and on
2120	the provisions of the state implementation plan.
2121	(4)  The department's action on a federally required new
2122	source review or prevention of significant deterioration permit
2123	shall differ from the actions taken by the siting board
2124	regarding the certification if the federally approved state
2125	implementation plan requires such a different action to be taken
2126	by the department. Nothing in this part shall be construed to
2127	displace the department's authority as the final permitting
2128	entity under the federally approved permit program. Nothing in
2129	this part shall be construed to authorize the issuance of a new
2130	source review or prevention of significant deterioration permit
2131	which does not conform to the requirements of the federally
2132	approved state implementation plan. Any final operation permit
2133	for a major source of air pollution must be issued in accordance
2134	with the provisions of s. 403.0872. Unless the federally
2135	delegated or approved permit program provides otherwise,
2136	licenses issued by the department under this subsection shall be
2137	effective for the term of the certification issued by the board.
2138	If renewal of any license issued by the department pursuant to a
2139	federally delegated or approved permit program is required, such
2140	renewal shall not affect the certification issued by the board,
2141	except as necessary to resolve inconsistencies pursuant to s.
2142	403.516(1)(a).
2143	(5)(4)  In regard to the properties and works of any agency
2144	which is a party to the certification hearing, the board shall
2145	have the authority to decide issues relating to the use, the
2146	connection thereto, or the crossing thereof, for the electrical
2147	power plant and directly associated facilities site and to
2148	direct any such agency to execute, within 30 days after the
2149	entry of certification, the necessary license or easement for
2150	such use, connection, or crossing, subject only to the
2151	conditions set forth in such certification.
2152	(6)(5)  Except for the issuance of any operation permit for
2153	a major source of air pollution pursuant to s. 403.0872, The
2154	issuance or denial of the certification by the board or
2155	secretary of the department and the issuance or denial of any
2156	related department license required pursuant to any federally
2157	delegated or approved permit program shall be the final
2158	administrative action required as to that application.
2159	(6)  All certified electrical power plants must apply for
2160	and obtain a major source air-operation permit pursuant to s.
2161	403.0872. Major source air-operation permit applications for
2162	certified electrical power plants must be submitted pursuant to
2163	a schedule developed by the department. To the extent that any
2164	conflicting provision, limitation, or restriction under any
2165	rule, regulation, or ordinance imposed by any political
2166	subdivision of the state, or by any local pollution control
2167	program, was superseded during the certification process
2168	pursuant to s. 403.510(1), such rule, regulation, or ordinance
2169	shall continue to be superseded for purposes of the major source
2170	air-operation permit program under s. 403.0872.
2171	Section 33.  Section 403.511, Florida Statutes, is amended
2172	to read:
2173	403.511  Effect of certification.--
2174	(1)  Subject to the conditions set forth therein, any
2175	certification signed by the Governor shall constitute the sole
2176	license of the state and any agency as to the approval of the
2177	site and the construction and operation of the proposed
2178	electrical power plant, except for the issuance of department
2179	licenses required under any federally delegated or approved
2180	permit program and except as otherwise provided in subsection
2181	(4).
2182	(2)(a)  The certification shall authorize the licensee
2183	applicant named therein to construct and operate the proposed
2184	electrical power plant, subject only to the conditions of
2185	certification set forth in such certification, and except for
2186	the issuance of department licenses or permits required under
2187	any federally delegated or approved permit program.
2188	(b)1.  Except as provided in subsection (4), the
2189	certification may include conditions which constitute variances,
2190	exemptions, or exceptions from nonprocedural requirements of the
2191	department or any agency which were expressly considered during
2192	the proceeding, including, but not limited to, any site specific
2193	criteria, standards, or limitations under local land use and
2194	zoning approvals which affect the proposed electrical power
2195	plant or its site, unless waived by the agency as provided below
2196	and which otherwise would be applicable to the construction and
2197	operation of the proposed electrical power plant.
2198	2.  No variance, exemption, exception, or other relief
2199	shall be granted from a state statute or rule for the protection
2200	of endangered or threatened species, aquatic preserves,
2201	Outstanding National Resource Waters, or Outstanding Florida
2202	Waters or for the disposal of hazardous waste, except to the
2203	extent authorized by the applicable statute or rule or except
2204	upon a finding in the certification order by the siting board
2205	that the public interests set forth in s. 403.509(3) 403.502 in
2206	certifying the electrical power plant at the site proposed by
2207	the applicant overrides the public interest protected by the
2208	statute or rule from which relief is sought. Each party shall
2209	notify the applicant and other parties at least 60 days prior to
2210	the certification hearing of any nonprocedural requirements not
2211	specifically listed in the application from which a variance,
2212	exemption, exception, or other relief is necessary in order for
2213	the board to certify any electrical power plant proposed for
2214	certification. Failure of such notification by an agency shall
2215	be treated as a waiver from nonprocedural requirements of the
2216	department or any other agency. However, no variance shall be
2217	granted from standards or regulations of the department
2218	applicable under any federally delegated or approved permit
2219	program, except as expressly allowed in such program.
2220	(3)  The certification and any order on land use and zoning
2221	issued under this act shall be in lieu of any license, permit,
2222	certificate, or similar document required by any state,
2223	regional, or local agency pursuant to, but not limited to,
2224	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
2225	chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
2226	chapter 380, chapter 381, chapter 387, chapter 403, except for
2227	permits issued pursuant to any federally delegated or approved
2228	permit program s. 403.0885 and except as provided in s.
2229	403.509(3) and (6), chapter 404, or the Florida Transportation
2230	Code, or 33 U.S.C. s. 1341.
2231	(4)  This act shall not affect in any way the ratemaking
2232	powers of the Public Service Commission under chapter 366; nor
2233	shall this act in any way affect the right of any local
2234	government to charge appropriate fees or require that
2235	construction be in compliance with applicable building
2236	construction codes.
2237	(5)(a)  An electrical power plant certified pursuant to
2238	this act shall comply with rules adopted by the department
2239	subsequent to the issuance of the certification which prescribe
2240	new or stricter criteria, to the extent that the rules are
2241	applicable to electrical power plants. Except when express
2242	variances, exceptions, exemptions, or other relief have been
2243	granted, subsequently adopted rules which prescribe new or
2244	stricter criteria shall operate as automatic modifications to
2245	certifications.
2246	(b)  Upon written notification to the department, any
2247	holder of a certification issued pursuant to this act may choose
2248	to operate the certified electrical power plant in compliance
2249	with any rule subsequently adopted by the department which
2250	prescribes criteria more lenient than the criteria required by
2251	the terms and conditions in the certification which are not
2252	site-specific.
2253	(c)  No term or condition of certification shall be
2254	interpreted to preclude the postcertification exercise by any
2255	party of whatever procedural rights it may have under chapter
2256	120, including those related to rulemaking proceedings. This
2257	subsection shall apply to previously issued certifications.
2258	(6)  No term or condition of a site certification shall be
2259	interpreted to supersede or control the provisions of a final
2260	operation permit for a major source of air pollution issued by
2261	the department pursuant to s. 403.0872 to a such facility
2262	certified under this part.
2263	(7)  Pursuant to s. 380.23, electrical power plants are
2264	subject to the federal coastal consistency review program.
2265	Issuance of certification shall constitute the state's
2266	certification of coastal zone consistency.
2267	Section 34.  Section 403.5112, Florida Statutes, is created
2268	to read:
2269	403.5112  Filing of notice of certified corridor route.--
2270	(1)  Within 60 days after certification of a directly
2271	associated linear facility pursuant to this act, the applicant
2272	shall file, in accordance with s. 28.222, with the department
2273	and the clerk of the circuit court for each county through which
2274	the corridor will pass, a notice of the certified route.
2275	(2)  The notice shall consist of maps or aerial photographs
2276	in the scale of 1:24,000 which clearly show the location of the
2277	certified route and shall state that the certification of the
2278	corridor will result in the acquisition of rights-of-way within
2279	the corridor. Each clerk shall record the filing in the official
2280	record of the county for the duration of the certification or
2281	until such time as the applicant certifies to the department and
2282	the clerk that all lands required for the transmission line
2283	rights-of-way within the corridor have been acquired within such
2284	county, whichever is sooner.
2285	Section 35.  Section 403.5113, Florida Statutes, is created
2286	to read:
2287	403.5113  Postcertification amendments.--
2288	(1)  If, subsequent to certification by the board, a
2289	licensee proposes any material change to the application and
2290	revisions or amendments thereto, as certified, the licensee
2291	shall submit a written request for amendment and a description
2292	of the proposed change to the application to the department.
2293	Within 30 days after the receipt of the request for the
2294	amendment, the department shall determine whether the proposed
2295	change to the application requires a modification of the
2296	conditions of certification.
2297	(2)  If the department concludes that the change would not
2298	require a modification of the conditions of certification, the
2299	department shall provide written notification of the approval of
2300	the proposed amendment to the licensee, all agencies, and all
2301	other parties.
2302	(3)  If the department concludes that the change would
2303	require a modification of the conditions of certification, the
2304	department shall provide written notification to the licensee
2305	that the proposed change to the application requires a request
2306	for modification pursuant to s. 403.516.
2307	(4)  Postcertification submittals filed by the licensee
2308	with one or more agencies are for the purpose of monitoring for
2309	compliance with the issued certification and must be reviewed by
2310	the agencies on an expedited and priority basis because each
2311	facility certified under this act is a critical infrastructure
2312	facility. In no event shall a postcertification review be
2313	completed in more than 90 days after complete information is
2314	submitted to the reviewing agencies.
2315	Section 36.  Section 403.5115, Florida Statutes, is amended
2316	to read:
2317	403.5115  Public notice; costs of proceeding.--
2318	(1)  The following notices are to be published by the
2319	applicant:
2320	(a)  Notice A notice of the filing of a notice of intent
2321	under s. 403.5063, which shall be published within 21 days after
2322	the filing of the notice. The notice shall be published as
2323	specified by subsection (2), except that the newspaper notice
2324	shall be one-fourth page in size in a standard size newspaper or
2325	one-half page in size in a tabloid size newspaper.
2326	(b)  Notice A notice of filing of the application, which
2327	shall include a description of the proceedings required by this
2328	act, within 21 days after the date of the application filing be
2329	published as specified in subsection (2), within 15 days after
2330	the application has been determined complete. Such notice shall
2331	give notice of the provisions of s. 403.511(1) and (2) and that
2332	the application constitutes a request for a federally required
2333	new source review or prevention of significant deterioration
2334	permit.
2335	(c)  Notice of the land use determination made pursuant to
2336	s. 403.50665(1) within 21 days after the determination is filed.
2337	(d)  Notice of the land use hearing, which shall be
2338	published as specified in subsection (2), no later than 15 45
2339	days before the hearing.
2340	(e)(d)  Notice of the certification hearing and notice of
2341	the deadline for filing notice of intent to be a party, which
2342	shall be published as specified in subsection (2), at least 65
2343	days before the date set for the certification no later than 45
2344	days before the hearing.
2345	(f)  Notice of the cancellation of the certification
2346	hearing, if applicable, no later than 3 days before the date of
2347	the originally scheduled certification hearing.
2348	(g)(e)  Notice of modification when required by the
2349	department, based on whether the requested modification of
2350	certification will significantly increase impacts to the
2351	environment or the public. Such notice shall be published as
2352	specified under subsection (2):
2353	1.  Within 21 days after receipt of a request for
2354	modification., except that The newspaper notice shall be of a
2355	size as directed by the department commensurate with the scope
2356	of the modification.
2357	2.  If a hearing is to be conducted in response to the
2358	request for modification, then notice shall be published no
2359	later than 30 days before the hearing provided as specified in
2360	paragraph (d).
2361	(h)(f)  Notice of a supplemental application, which shall
2362	be published as specified in paragraph (b) and subsection
2363	(2).follows:
2364	1.  Notice of receipt of the supplemental application shall
2365	be published as specified in paragraph (b).
2366	2.  Notice of the certification hearing shall be published
2367	as specified in paragraph (d).
2368	(i)  Notice of existing site certification pursuant to s.
2369	403.5175. Notices shall be published as specified in paragraph
2370	(b) and subsection (2).
2371	(2)  Notices provided by the applicant shall be published
2372	in newspapers of general circulation within the county or
2373	counties in which the proposed electrical power plant will be
2374	located. The newspaper notices shall be at least one-half page
2375	in size in a standard size newspaper or a full page in a tabloid
2376	size newspaper and published in a section of the newspaper other
2377	than the legal notices section. These notices shall include a
2378	map generally depicting the project and all associated
2379	facilities corridors. A newspaper of general circulation shall
2380	be the newspaper which has the largest daily circulation in that
2381	county and has its principal office in that county. If the
2382	newspaper with the largest daily circulation has its principal
2383	office outside the county, the notices shall appear in both the
2384	newspaper having the largest circulation in that county and in a
2385	newspaper authorized to publish legal notices in that county.
2386	(3)  All notices published by the applicant shall be paid
2387	for by the applicant and shall be in addition to the application
2388	fee.
2389	(4)  The department shall arrange for publication of the
2390	following notices in the manner specified by chapter 120 and
2391	provide copies of those notices to any persons who have
2392	requested to be placed on the departmental mailing list for this
2393	purpose:
2394	(a)  Notice Publish in the Florida Administrative Weekly
2395	notices of the filing of the notice of intent within 15 days
2396	after receipt of the notice.;
2397	(b)  Notice of the filing of the application, no later than
2398	21 days after the application filing.;
2399	(c)  Notice of the land use determination made pursuant to
2400	s. 403.50665(1) within 21 days after the determination is filed.
2401	(d)  Notice of the land use hearing before the
2402	administrative law judge, if applicable, no later than 15 days
2403	before the hearing.;
2404	(e)  Notice of the land use hearing before the board, if
2405	applicable.
2406	(f)  Notice of the certification hearing at least 45 days
2407	before the date set for the certification hearing.;
2408	(g)  Notice of the cancellation of the certification
2409	hearing, if applicable, no later than 3 days prior to the date
2410	of the originally scheduled certification hearing.
2411	(h)  Notice of the hearing before the board, if
2412	applicable.;
2413	(i)  Notice and of stipulations, proposed agency action, or
2414	petitions for modification.; and
2415	(b)  Provide copies of those notices to any persons who
2416	have requested to be placed on the departmental mailing list for
2417	this purpose.
2418	(5)  The applicant shall pay those expenses and costs
2419	associated with the conduct of the hearings and the recording
2420	and transcription of the proceedings.
2421	Section 37.  Section 403.513, Florida Statutes, is amended
2422	to read:
2423	403.513  Review.--Proceedings under this act shall be
2424	subject to judicial review as provided in chapter 120. When
2425	possible, separate appeals of the certification order issued by
2426	the board and of any department permit issued pursuant to a
2427	federally delegated or approved permit program may shall be
2428	consolidated for purposes of judicial review.
2429	Section 38.  Section 403.516, Florida Statutes, is amended
2430	to read:
2431	403.516  Modification of certification.--
2432	(1)  A certification may be modified after issuance in any
2433	one of the following ways:
2434	(a)  The board may delegate to the department the authority
2435	to modify specific conditions in the certification.
2436	(b)1.  The department may modify specific conditions of a
2437	site certification which are inconsistent with the terms of any
2438	federally delegated or approved final air pollution operation
2439	permit for the certified electrical power plant issued by the
2440	United States Environmental Protection Agency under the terms of
2441	42 U.S.C. s. 7661d.
2442	2.  Such modification may be made without further notice if
2443	the matter has been previously noticed under the requirements
2444	for any federally delegated or approved permit program.
2445	(c)  The licensee may file a petition for modification with
2446	the department, or the department may initiate the modification
2447	upon its own initiative.
2448	1.  A petition for modification must set forth:
2449	a.  The proposed modification.
2450	b.  The factual reasons asserted for the modification.
2451	c.  The anticipated environmental effects of the proposed
2452	modification.
2453	2.(b)  The department may modify the terms and conditions
2454	of the certification if no party to the certification hearing
2455	objects in writing to such modification within 45 days after
2456	notice by mail to such party's last address of record, and if no
2457	other person whose substantial interests will be affected by the
2458	modification objects in writing within 30 days after issuance of
2459	public notice.
2460	3.  If objections are raised or the department denies the
2461	request, the applicant or department may file a request petition
2462	for a hearing on the modification with the department. Such
2463	request shall be handled pursuant to chapter 120 paragraph (c).
2464	(c)  A petition for modification may be filed by the
2465	applicant or the department setting forth:
2466	1.  The proposed modification,
2467	2.  The factual reasons asserted for the modification, and
2468	3.  The anticipated effects of the proposed modification on
2469	the applicant, the public, and the environment.
2470
2471	The petition for modification shall be filed with the department
2472	and the Division of Administrative Hearings.
2473	4.  Requests referred to the Division of Administrative
2474	Hearings shall be disposed of in the same manner as an
2475	application, but with time periods established by the
2476	administrative law judge commensurate with the significance of
2477	the modification requested.
2478	(d)  As required by s. 403.511(5).
2479	(2)  Petitions filed pursuant to paragraph (1)(c) shall be
2480	disposed of in the same manner as an application, but with time
2481	periods established by the administrative law judge commensurate
2482	with the significance of the modification requested.
2483	(2)(3)  Any agreement or modification under this section
2484	must be in accordance with the terms of this act. No
2485	modification to a certification shall be granted that
2486	constitutes a variance from standards or regulations of the
2487	department applicable under any federally delegated or approved
2488	permit program, except as expressly allowed in such program.
2489	Section 39.  Section 403.517, Florida Statutes, is amended
2490	to read:
2491	403.517  Supplemental applications for sites certified for
2492	ultimate site capacity.--
2493	(1)(a)  Supplemental The department shall adopt rules
2494	governing the processing of supplemental applications may be
2495	submitted for certification of the construction and operation of
2496	electrical power plants to be located at sites which have been
2497	previously certified for an ultimate site capacity pursuant to
2498	this act. Supplemental applications shall be limited to
2499	electrical power plants using the fuel type previously certified
2500	for that site. Such applications shall include all new directly
2501	associated facilities that support the construction and
2502	operation of the electrical power plant. The rules adopted
2503	pursuant to this section shall include provisions for:
2504	1.  Prompt appointment of a designated administrative law
2505	judge.
2506	2.  The contents of the supplemental application.
2507	3.  Resolution of disputes as to the completeness and
2508	sufficiency of supplemental applications by the designated
2509	administrative law judge.
2510	4.  Public notice of the filing of the supplemental
2511	applications.
2512	5.  Time limits for prompt processing of supplemental
2513	applications.
2514	6.  Final disposition by the board within 215 days of the
2515	filing of a complete supplemental application.
2516	(b)  The review shall use the same procedural steps and
2517	notices as for an initial application.
2518	(c)  The time limits for the processing of a complete
2519	supplemental application shall be designated by the department
2520	commensurate with the scope of the supplemental application, but
2521	shall not exceed any time limitation governing the review of
2522	initial applications for site certification pursuant to this
2523	act, it being the legislative intent to provide shorter time
2524	limitations for the processing of supplemental applications for
2525	electrical power plants to be constructed and operated at sites
2526	which have been previously certified for an ultimate site
2527	capacity.
2528	(d)(c)  Any time limitation in this section or in rules
2529	adopted pursuant to this section may be altered pursuant to s.
2530	403.5095 by the designated administrative law judge upon
2531	stipulation between the department and the applicant, unless
2532	objected to by any party within 5 days after notice, or for good
2533	cause shown by any party. The parties to the proceeding shall
2534	adhere to the provisions of chapter 120 and this act in
2535	considering and processing such supplemental applications.
2536	(2)  Supplemental applications shall be reviewed as
2537	provided in ss. 403.507-403.511, except that the time limits
2538	provided in this section shall apply to such supplemental
2539	applications.
2540	(3)  The land use and zoning consistency determination of
2541	s. 403.50665 hearing requirements of s. 403.508(1) and (2) shall
2542	not be applicable to the processing of supplemental applications
2543	pursuant to this section so long as:
2544	(a)  The previously certified ultimate site capacity is not
2545	exceeded; and
2546	(b)  The lands required for the construction or operation
2547	of the electrical power plant which is the subject of the
2548	supplemental application are within the boundaries of the
2549	previously certified site.
2550	(4)  For the purposes of this act, the term "ultimate site
2551	capacity" means the maximum generating capacity for a site as
2552	certified by the board.
2553	Section 40.  Section 403.5175, Florida Statutes, is amended
2554	to read:
2555	403.5175  Existing electrical power plant site
2556	certification.--
2557	(1)  An electric utility that owns or operates an existing
2558	electrical power plant as defined in s. 403.503(12) may apply
2559	for certification of an existing power plant and its site in
2560	order to obtain all agency licenses necessary to ensure assure
2561	compliance with federal or state environmental laws and
2562	regulation using the centrally coordinated, one-stop licensing
2563	process established by this part. An application for site
2564	certification under this section must be in the form prescribed
2565	by department rule. Applications must be reviewed and processed
2566	using the same procedural steps and notices as for an
2567	application for a new facility in accordance with ss. 403.5064-
2568	403.5115, except that a determination of need by the Public
2569	Service Commission is not required.
2570	(2)  An application for certification under this section
2571	must include:
2572	(a)  A description of the site and existing power plant
2573	installations;
2574	(b)  A description of all proposed changes or alterations
2575	to the site or electrical power plant, including all new
2576	associated facilities that are the subject of the application;
2577	(c)  A description of the environmental and other impacts
2578	caused by the existing utilization of the site and directly
2579	associated facilities, and the operation of the electrical power
2580	plant that is the subject of the application, and of the
2581	environmental and other benefits, if any, to be realized as a
2582	result of the proposed changes or alterations if certification
2583	is approved and such other information as is necessary for the
2584	reviewing agencies to evaluate the proposed changes and the
2585	expected impacts;
2586	(d)  The justification for the proposed changes or
2587	alterations;
2588	(e)  Copies of all existing permits, licenses, and
2589	compliance plans authorizing utilization of the site and
2590	directly associated facilities or operation of the electrical
2591	power plant that is the subject of the application.
2592	(3)  The land use and zoning determination hearing
2593	requirements of s. 403.50665 s. 403.508(1) and (2) do not apply
2594	to an application under this section if the applicant does not
2595	propose to expand the boundaries of the existing site. If the
2596	applicant proposes to expand the boundaries of the existing site
2597	to accommodate portions of the plant or associated facilities, a
2598	land use and zoning determination shall be made hearing must be
2599	held as specified in s. 403.50665 s. 403.508(1) and (2);
2600	provided, however, that the sole issue for determination through
2601	the land use hearing is whether the proposed site expansion is
2602	consistent and in compliance with the existing land use plans
2603	and zoning ordinances.
2604	(4)  In considering whether an application submitted under
2605	this section should be approved in whole, approved with
2606	appropriate conditions, or denied, the board shall consider
2607	whether, and to the extent to which the proposed changes to the
2608	electrical power plant and its continued operation under
2609	certification will:
2610	(a)  Comply with the provisions of s. 403.509(3).
2611	applicable nonprocedural requirements of agencies;
2612	(b)  Result in environmental or other benefits compared to
2613	current utilization of the site and operations of the electrical
2614	power plant if the proposed changes or alterations are
2615	undertaken.;
2616	(c)  Minimize, through the use of reasonable and available
2617	methods, the adverse effects on human health, the environment,
2618	and the ecology of the land and its wildlife and the ecology of
2619	state waters and their aquatic life; and
2620	(d)  Serve and protect the broad interests of the public.
2621	(5)  An applicant's failure to receive approval for
2622	certification of an existing site or an electrical power plant
2623	under this section is without prejudice to continued operation
2624	of the electrical power plant or site under existing agency
2625	licenses.
2626	Section 41.  Section 403.518, Florida Statutes, is amended
2627	to read:
2628	403.518  Fees; disposition.--
2629	(1)  The department shall charge the applicant the
2630	following fees, as appropriate, which, unless otherwise
2631	specified, shall be paid into the Florida Permit Fee Trust Fund:
2632	(1)(a)  A fee for a notice of intent pursuant to s.
2633	403.5063, in the amount of $2,500, to be submitted to the
2634	department at the time of filing of a notice of intent. The
2635	notice-of-intent fee shall be used and disbursed in the same
2636	manner as the application fee.
2637	(2)(b)  An application fee, which shall not exceed
2638	$200,000. The fee shall be fixed by rule on a sliding scale
2639	related to the size, type, ultimate site capacity, or increase
2640	in electrical generating capacity proposed by the application,
2641	or the number and size of local governments in whose
2642	jurisdiction the electrical power plant is located.
2643	(a)1.  Sixty percent of the fee shall go to the department
2644	to cover any costs associated with coordinating the review
2645	reviewing and acting upon the application, to cover any field
2646	services associated with monitoring construction and operation
2647	of the facility, and to cover the costs of the public notices
2648	published by the department.
2649	(b)2.  The following percentages Twenty percent of the fee
2650	or $25,000, whichever is greater, shall be transferred to the
2651	Administrative Trust Fund of the Division of Administrative
2652	Hearings of the Department of Management Services:.
2653	1.  Five percent to compensate expenses from the initial
2654	exercise of duties associated with the filing of an application.
2655	2.  An additional 5 percent if a land use hearing is held
2656	pursuant to s. 403.508.
2657	3.  An additional 10 percent if a certification hearing is
2658	held pursuant to s. 403.508.
2659	(c)1.3.  Upon written request with proper itemized
2660	accounting within 90 days after final agency action by the board
2661	or withdrawal of the application, the agencies that prepared
2662	reports pursuant to s. 403.507 or participated in a hearing
2663	pursuant to s. 403.508 may submit a written request to the
2664	department for reimbursement of expenses incurred during the
2665	certification proceedings. The request shall contain an
2666	accounting of expenses incurred which may include time spent
2667	reviewing the application, the department shall reimburse the
2668	Department of Community Affairs, the Fish and Wildlife
2669	Conservation Commission, and any water management district
2670	created pursuant to chapter 373, regional planning council, and
2671	local government in the jurisdiction of which the proposed
2672	electrical power plant is to be located, and any other agency
2673	from which the department requests special studies pursuant to
2674	s. 403.507(2)(a)7. Such reimbursement shall be authorized for
2675	the preparation of any studies required of the agencies by this
2676	act, and for agency travel and per diem to attend any hearing
2677	held pursuant to this act, and for any agency or local
2678	government's provision of notice of public meetings or hearings
2679	required as a result of the application for certification
2680	governments to participate in the proceedings. The department
2681	shall review the request and verify that the expenses are valid.
2682	Valid expenses shall be reimbursed; however, in the event the
2683	amount of funds available for reimbursement allocation is
2684	insufficient to provide for full compensation complete
2685	reimbursement to the agencies requesting reimbursement,
2686	reimbursement shall be on a prorated basis.
2687	2.  If the application review is held in abeyance for more
2688	than 1 year, the agencies may submit a request for
2689	reimbursement.
2690	(d)4.  If any sums are remaining, the department shall
2691	retain them for its use in the same manner as is otherwise
2692	authorized by this act; provided, however, that if the
2693	certification application is withdrawn, the remaining sums shall
2694	be refunded to the applicant within 90 days after withdrawal.
2695	(3)(a)(c)  A certification modification fee, which shall
2696	not exceed $30,000. The department shall establish rules for
2697	determining such a fee based on the equipment redesign, change
2698	in site size, type, increase in generating capacity proposed, or
2699	change in an associated linear facility location.
2700	(b)  The fee shall be submitted to the department with a
2701	formal petition for modification to the department pursuant to
2702	s. 403.516. This fee shall be established, disbursed, and
2703	processed in the same manner as the application fee in
2704	subsection (2) paragraph (b), except that the Division of
2705	Administrative Hearings shall not receive a portion of the fee
2706	unless the petition for certification modification is referred
2707	to the Division of Administrative Hearings for hearing. If the
2708	petition is so referred, only $10,000 of the fee shall be
2709	transferred to the Administrative Trust Fund of the Division of
2710	Administrative Hearings of the Department of Management
2711	Services. The fee for a modification by agreement filed pursuant
2712	to s. 403.516(1)(b) shall be $10,000 to be paid upon the filing
2713	of the request for modification. Any sums remaining after
2714	payment of authorized costs shall be refunded to the applicant
2715	within 90 days of issuance or denial of the modification or
2716	withdrawal of the request for modification.
2717	(4)(d)  A supplemental application fee, not to exceed
2718	$75,000, to cover all reasonable expenses and costs of the
2719	review, processing, and proceedings of a supplemental
2720	application. This fee shall be established, disbursed, and
2721	processed in the same manner as the certification application
2722	fee in subsection (2) paragraph (b), except that only $20,000 of
2723	the fee shall be transferred to the Administrative Trust Fund of
2724	the Division of Administrative Hearings of the Department of
2725	Management Services.
2726	(5)(e)  An existing site certification application fee, not
2727	to exceed $200,000, to cover all reasonable costs and expenses
2728	of the review processing and proceedings for certification of an
2729	existing power plant site under s. 403.5175. This fee must be
2730	established, disbursed, and processed in the same manner as the
2731	certification application fee in subsection (2) paragraph (b).
2732	(2)  Effective upon the date commercial operation begins,
2733	the operator of an electrical power plant certified under this
2734	part is required to pay to the department an annual operation
2735	license fee as specified in s. 403.0872(11) to be deposited in
2736	the Air Pollution Control Trust Fund.
2737	Section 42.  Any application for electrical power plant
2738	certification filed pursuant to ss. 403.501-403.518, Florida
2739	Statutes, shall be processed under the provisions of the law
2740	applicable at the time the application was filed, except that
2741	the provisions relating to cancellation of the certification
2742	hearing under s. 403.508(6), Florida Statutes, the provisions
2743	relating to the final disposition of the application and
2744	issuance of the written order by the secretary under s.
2745	403.509(1)(a), Florida Statutes, and notice of the cancellation
2746	of the certification hearing under s. 403.5115, Florida
2747	Statutes, may apply to any application for electrical power
2748	plant certification.
2749	Section 43.  Section 403.519, Florida Statutes, is amended
2750	to read:
2751	403.519  Exclusive forum for determination of need.--
2752	(1)  On request by an applicant or on its own motion, the
2753	commission shall begin a proceeding to determine the need for an
2754	electrical power plant subject to the Florida Electrical Power
2755	Plant Siting Act.
2756	(2)  The applicant commission shall publish a notice of the
2757	proceeding in a newspaper of general circulation in each county
2758	in which the proposed electrical power plant will be located.
2759	The notice shall be at least one-quarter of a page and published
2760	at least 21 45 days prior to the scheduled date for the
2761	proceeding. The commission shall publish notice of the
2762	proceeding in the manner specified by chapter 120 at least 21
2763	days prior to the scheduled date for the proceeding.
2764	(3)  The commission shall be the sole forum for the
2765	determination of this matter, which accordingly shall not be
2766	raised in any other forum or in the review of proceedings in
2767	such other forum. In making its determination, the commission
2768	shall take into account the need for electric system reliability
2769	and integrity, the need for adequate electricity at a reasonable
2770	cost, the need for fuel diversity and supply reliability, and
2771	whether the proposed plant is the most cost-effective
2772	alternative available. The commission shall also expressly
2773	consider the conservation measures taken by or reasonably
2774	available to the applicant or its members which might mitigate
2775	the need for the proposed plant and other matters within its
2776	jurisdiction which it deems relevant. The commission's
2777	determination of need for an electrical power plant shall create
2778	a presumption of public need and necessity and shall serve as
2779	the commission's report required by s. 403.507(4)
2780	403.507(2)(a)2. An order entered pursuant to this section
2781	constitutes final agency action.
2782	(4)  In making its determination on a proposed electrical
2783	power plant using nuclear materials as fuel, the commission
2784	shall hold a hearing within 90 days after the filing of the
2785	petition to determine need and shall issue an order granting or
2786	denying the petition within 135 days after the date of the
2787	filing of the petition. The commission shall be the sole forum
2788	for the determination of this matter and the issues addressed in
2789	the petition, which accordingly shall not be reviewed in any
2790	other forum, or in the review of proceedings in such other
2791	forum. In making its determination to either grant or deny the
2792	petition, the commission shall consider the need for electric
2793	system reliability and integrity, including fuel diversity, the
2794	need for base-load generating capacity, and the need for
2795	adequate electricity at a reasonable cost.
2796	(a)  The applicant's petition shall include:
2797	1.  A description of the need for the generation capacity.
2798	2.  A description of how the proposed nuclear power plant
2799	will enhance the reliability of electric power production within
2800	the state by improving the balance of power plant fuel diversity
2801	and reducing Florida's dependence on fuel oil and natural gas.
2802	3.  A description of and a nonbinding estimate of the cost
2803	of the nuclear power plant.
2804	4.  The annualized base revenue requirement for the first
2805	12 months of operation of the nuclear power plant.
2806	(b)  In making its determination, the commission shall take
2807	into account matters within its jurisdiction, which it deems
2808	relevant, including whether the nuclear power plant will:
2809	1.  Provide needed base-load capacity.
2810	2.  Enhance the reliability of electric power production
2811	within the state by improving the balance of power plant fuel
2812	diversity and reducing Florida's dependence on fuel oil and
2813	natural gas.
2814	3.  Provide the most cost-effective source of power, taking
2815	into account the need to improve the balance of fuel diversity,
2816	reduce Florida's dependence on fuel oil and natural gas, reduce
2817	air emission compliance costs, and contribute to the long-term
2818	stability and reliability of the electric grid.
2819	(c)  No provision of rule 25-22.082, Florida Administrative
2820	Code, shall be applicable to a nuclear power plant sited under
2821	this act, including provisions for cost recovery, and an
2822	applicant shall not otherwise be required to secure competitive
2823	proposals for power supply prior to making application under
2824	this act or receiving a determination of need from the
2825	commission.
2826	(d)  The commission's determination of need for a nuclear
2827	power plant shall create a presumption of public need and
2828	necessity and shall serve as the commission's report required by
2829	s. 403.507(4)(a). An order entered pursuant to this section
2830	constitutes final agency action. Any petition for
2831	reconsideration of a final order on a petition for need
2832	determination shall be filed within 5 days after the date of
2833	such order. The commission's final order, including any order on
2834	reconsideration, shall be reviewable on appeal in the Florida
2835	Supreme Court. Inasmuch as delay in the determination of need
2836	will delay siting of a nuclear power plant or diminish the
2837	opportunity for savings to customers under the federal Energy
2838	Policy Act of 2005, the Supreme Court shall proceed to hear and
2839	determine the action as expeditiously as practicable and give
2840	the action precedence over matters not accorded similar
2841	precedence by law.
2842	(e)  After a petition for determination of need for a
2843	nuclear power plant has been granted, the right of a utility to
2844	recover any costs incurred prior to commercial operation,
2845	including, but not limited to, costs associated with the siting,
2846	design, licensing, or construction of the plant, shall not be
2847	subject to challenge unless and only to the extent the
2848	commission finds, based on a preponderance of the evidence
2849	adduced at a hearing before the commission under s. 120.57, that
2850	certain costs were imprudently incurred. Proceeding with the
2851	construction of the nuclear power plant following an order by
2852	the commission approving the need for the nuclear power plant
2853	under this act shall not constitute or be evidence of
2854	imprudence. Imprudence shall not include any cost increases due
2855	to events beyond the utility's control. Further, a utility's
2856	right to recover costs associated with a nuclear power plant may
2857	not be raised in any other forum or in the review of proceedings
2858	in such other forum. Costs incurred prior to commercial
2859	operation shall be recovered pursuant to chapter 366.
2860	Section 44.  Section 366.93, Florida Statutes, is created
2861	to read:
2862	366.93  Cost recovery for the siting, design, licensing,
2863	and construction of nuclear power plants.--
2864	(1)  As used in this section, the term:
2865	(a)  "Cost" includes, but is not limited to, all capital
2866	investments, including rate of return, any applicable taxes, and
2867	all expenses, including operation and maintenance expenses,
2868	related to or resulting from the siting, licensing, design,
2869	construction, or operation of the nuclear power plant.
2870	(b)  "Electric utility" or "utility" has the same meaning
2871	as that provided in s. 366.8255(1)(a).
2872	(c)  "Nuclear power plant" or "plant" is an electrical
2873	power plant as defined in s. 403.503(12) that uses nuclear
2874	materials for fuel.
2875	(d)  "Preconstruction" is that period of time after a site
2876	has been selected through and including the date the utility
2877	completes site clearing work. Preconstruction costs shall be
2878	afforded deferred accounting treatment and shall accrue a
2879	carrying charge equal to the utility's allowance for funds
2880	during construction (AFUDC) rate until recovered in rates.
2881	(2)  Within 6 months after the enactment of this act, the
2882	commission shall establish, by rule, alternative cost recovery
2883	mechanisms for the recovery of costs incurred in the siting,
2884	design, licensing, and construction of a nuclear power plant.
2885	Such mechanisms shall be designed to promote utility investment
2886	in nuclear power plants and allow for the recovery in rates all
2887	prudently incurred costs, and shall include, but are not limited
2888	to:
2889	(a)  Recovery through the capacity cost recovery clause of
2890	any preconstruction costs.
2891	(b)  Recovery through an incremental increase in the
2892	utility's capacity cost recovery clause rates of the carrying
2893	costs on the utility's projected construction cost balance
2894	associated with the nuclear power plant. To encourage investment
2895	and provide certainty, for nuclear power plant need petitions
2896	submitted on or before December 31, 2010, associated carrying
2897	costs shall be equal to the pretax AFUDC in effect upon this act
2898	becoming law. For nuclear power plants for which need petitions
2899	are submitted after December 31, 2010, the utility's existing
2900	pretax AFUDC rate is presumed to be appropriate unless
2901	determined otherwise by the commission in the determination of
2902	need for the nuclear power plant.
2903	(3)  After a petition for determination of need is granted,
2904	a utility may petition the commission for cost recovery as
2905	permitted by this section and commission rules.
2906	(4)  When the nuclear power plant is placed in commercial
2907	service, the utility shall be allowed to increase its base rate
2908	charges by the projected annual revenue requirements of the
2909	nuclear power plant based on the jurisdictional annual revenue
2910	requirements of the plant for the first 12 months of operation.
2911	The rate of return on capital investments shall be calculated
2912	using the utility's rate of return last approved by the
2913	commission prior to the commercial inservice date of the nuclear
2914	power plant. If any existing generating plant is retired as a
2915	result of operation of the nuclear power plant, the commission
2916	shall allow for the recovery, through an increase in base rate
2917	charges, of the net book value of the retired plant over a
2918	period not to exceed 5 years.
2919	(5)  The utility shall report to the commission annually
2920	the budgeted and actual costs as compared to the estimated
2921	inservice cost of the nuclear power plant provided by the
2922	utility pursuant to s. 403.519(4), until the commercial
2923	operation of the nuclear power plant. The utility shall provide
2924	such information on an annual basis following the final order by
2925	the commission approving the determination of need for the
2926	nuclear power plant, with the understanding that some costs may
2927	be higher than estimated and other costs may be lower.
2928	(6)  In the event the utility elects not to complete or is
2929	precluded from completing construction of the nuclear power
2930	plant, the utility shall be allowed to recover all prudent
2931	preconstruction and construction costs incurred following the
2932	commission's issuance of a final order granting a determination
2933	of need for the nuclear power plant. The utility shall recover
2934	such costs through the capacity cost recovery clause over a
2935	period equal to the period during which the costs were incurred
2936	or 5 years, whichever is greater. The unrecovered balance during
2937	the recovery period will accrue interest at the utility's
2938	weighted average cost of capital as reported in the commission's
2939	earnings surveillance reporting requirement for the prior year.
2940	Section 45.  Section 403.52, Florida Statutes, is amended
2941	to read:
2942	403.52  Short title.--Sections 403.52-403.5365 may be cited
2943	as the "Florida Electric Transmission Line Siting Act."
2944	Section 46.  Section 403.521, Florida Statutes, is amended
2945	to read:
2946	403.521  Legislative intent.--The legislative intent of
2947	this act is to establish a centralized and coordinated licensing
2948	permitting process for the location of electric transmission
2949	line corridors and the construction, operation, and maintenance
2950	of electric transmission lines, which are critical
2951	infrastructure facilities. This necessarily involves several
2952	broad interests of the public addressed through the subject
2953	matter jurisdiction of several agencies. The Legislature
2954	recognizes that electric transmission lines will have an effect
2955	upon the reliability of the electric power system, the
2956	environment, land use, and the welfare of the population.
2957	Recognizing the need to ensure electric power system reliability
2958	and integrity, and in order to meet electric electrical energy
2959	needs in an orderly and timely fashion, the centralized and
2960	coordinated licensing permitting process established by this act
2961	is intended to further the legislative goal of ensuring through
2962	available and reasonable methods that the location of
2963	transmission line corridors and the construction, operation, and
2964	maintenance of electric transmission lines produce minimal
2965	adverse effects on the environment and public health, safety,
2966	and welfare while not unduly conflicting with the goals
2967	established by the applicable local comprehensive plan. It is
2968	the intent of this act to fully balance the need for
2969	transmission lines with the broad interests of the public in
2970	order to effect a reasonable balance between the need for the
2971	facility as a means of providing reliable, economical, and
2972	efficient electric abundant low-cost electrical energy and the
2973	impact on the public and the environment resulting from the
2974	location of the transmission line corridor and the construction,
2975	operation, and maintenance of the transmission lines. The
2976	Legislature intends that the provisions of chapter 120 apply to
2977	this act and to proceedings under pursuant to it except as
2978	otherwise expressly exempted by other provisions of this act.
2979	Section 47.  Section 403.522, Florida Statutes, is amended
2980	to read:
2981	403.522  Definitions relating to the Florida Electric
2982	Transmission Line Siting Act.--As used in this act:
2983	(1)  "Act" means the Florida Electric Transmission Line
2984	Siting Act.
2985	(2)  "Agency," as the context requires, means an official,
2986	officer, commission, authority, council, committee, department,
2987	division, bureau, board, section, or other unit or entity of
2988	government, including a county, municipality, or other regional
2989	or local governmental entity.
2990	(3)  "Amendment" means a material change in information
2991	provided by the applicant to the application for certification
2992	made after the initial application filing.
2993	(4)  "Applicant" means any electric utility that which
2994	applies for certification under pursuant to the provisions of
2995	this act.
2996	(5)  "Application" means the documents required by the
2997	department to be filed to initiate and support a certification
2998	review and evaluation, including the initial document filing,
2999	amendments, and responses to requests from the department for
3000	additional data and information proceeding. An electric utility
3001	may file a comprehensive application encompassing all or a part
3002	of one or more proposed transmission lines.
3003	(6)  "Board" means the Governor and Cabinet sitting as the
3004	siting board.
3005	(7)  "Certification" means the approval by the board of the
3006	license for a corridor proper for certification pursuant to
3007	subsection (10) and the construction, operation, and maintenance
3008	of transmission lines within the such corridor with the such
3009	changes or conditions as the siting board deems appropriate.
3010	Certification shall be evidenced by a written order of the
3011	board.
3012	(8)  "Commission" means the Florida Public Service
3013	Commission.
3014	(9)  "Completeness" means that the application has
3015	addressed all applicable sections of the prescribed application
3016	format and, but does not mean that those sections are sufficient
3017	in comprehensiveness of data or in quality of information
3018	provided to allow the department to determine whether the
3019	application provides the reviewing agencies adequate information
3020	to prepare the reports required by s. 403.526.
3021	(10)  "Corridor" means the proposed area within which a
3022	transmission line right-of-way, including maintenance and access
3023	roads, is to be located. The width of the corridor proposed for
3024	certification by an applicant or other party, at the option of
3025	the applicant, may be the width of the transmission line right-
3026	of-way, or a wider boundary, not to exceed a width of 1 mile.
3027	The area within the corridor in which a right-of-way may be
3028	located may be further restricted by a condition of
3029	certification. After all property interests required for the
3030	transmission line right-of-way and maintenance and access roads
3031	have been acquired by the applicant, the boundaries of the area
3032	certified shall narrow to only that land within the boundaries
3033	of the transmission line right-of-way. The corridors proper for
3034	certification shall be those addressed in the application, in
3035	amendments to the application filed under pursuant to s.
3036	403.5275, and in notices of acceptance of proposed alternate
3037	corridors filed by an applicant and the department pursuant to
3038	s. 403.5271 for which the required sufficient information for
3039	the preparation of agency supplemental reports was filed.
3040	(11)  "Department" means the Department of Environmental
3041	Protection.
3042	(12)  "Electric utility" means cities and towns, counties,
3043	public utility districts, regulated electric companies, electric
3044	cooperatives, regional transmission organizations, operators of
3045	independent transmission systems, or other transmission
3046	organizations approved by the Federal Energy Regulatory
3047	Commission or the commission for the operation of transmission
3048	facilities, and joint operating agencies, or combinations
3049	thereof, engaged in, or authorized to engage in, the business of
3050	generating, transmitting, or distributing electric energy.
3051	(13)  "License" means a franchise, permit, certification,
3052	registration, charter, comprehensive plan amendment, development
3053	order, or permit as defined in chapters 163 and 380, or similar
3054	form of authorization required by law, but it does not include a
3055	license required primarily for revenue purposes when issuance of
3056	the license is merely a ministerial act.
3057	(14)  "Licensee" means an applicant that has obtained a
3058	certification order for the subject project.
3059	(15)(14)  "Local government" means a municipality or county
3060	in the jurisdiction of which the project is proposed to be
3061	located.
3062	(16)  "Maintenance and access roads" mean roads constructed
3063	within the transmission line right-of-way. Nothing in this act
3064	prohibits an applicant from constructing a road to support
3065	construction, operation, or maintenance of the transmission line
3066	that lies outside the transmission line right-of-way.
3067	(17)(15)  "Modification" means any change in the
3068	certification order after issuance, including a change in the
3069	conditions of certification.
3070	(18)(16)  "Nonprocedural requirements of agencies" means
3071	any agency's regulatory requirements established by statute,
3072	rule, ordinance, or comprehensive plan, excluding any provisions
3073	prescribing forms, fees, procedures, or time limits for the
3074	review or processing of information submitted to demonstrate
3075	compliance with such regulatory requirements.
3076	(19)(17)  "Person" means an individual, partnership, joint
3077	venture, private or public corporation, association, firm,
3078	public service company, political subdivision, municipal
3079	corporation, government agency, public utility district, or any
3080	other entity, public or private, however organized.
3081	(20)(18)  "Preliminary statement of issues" means a listing
3082	and explanation of those issues within the agency's jurisdiction
3083	which are of major concern to the agency in relation to the
3084	proposed electric electrical transmission line corridor.
3085	(21)(19)  "Regional planning council" means a regional
3086	planning council as defined in s. 186.503(4) in the jurisdiction
3087	of which the project is proposed to be located.
3088	(20)  "Sufficiency" means that the application is not only
3089	complete but that all sections are adequate in the
3090	comprehensiveness of data and in the quality of information
3091	provided to allow the department to determine whether the
3092	application provides the reviewing agencies adequate information
3093	to prepare the reports authorized by s. 403.526.
3094	(22)(21)  "Transmission line" or "electric transmission
3095	line" means structures, maintenance and access roads, and all
3096	other facilities that need to be constructed, operated, or
3097	maintained for the purpose of conveying electric power any
3098	electrical transmission line extending from, but not including,
3099	an existing or proposed substation or power plant to, but not
3100	including, an existing or proposed transmission network or
3101	rights-of-way or substation to which the applicant intends to
3102	connect which defines the end of the proposed project and which
3103	is designed to operate at 230 kilovolts or more. The starting
3104	point and ending point of a transmission line must be
3105	specifically defined by the applicant and must be verified by
3106	the commission in its determination of need. A transmission line
3107	includes structures and maintenance and access roads that need
3108	to be constructed for the project to become operational. The
3109	transmission line may include, at the applicant's option, any
3110	proposed terminal or intermediate substations or substation
3111	expansions necessary to serve the transmission line.
3112	(23)(22)  "Transmission line right-of-way" means land
3113	necessary for the construction, operation, and maintenance of a
3114	transmission line. The typical width of the right-of-way shall
3115	be identified in the application. The right-of-way shall be
3116	located within the certified corridor and shall be identified by
3117	the applicant subsequent to certification in documents filed
3118	with the department before prior to construction.
3119	(24)(23)  "Water management district" means a water
3120	management district created pursuant to chapter 373 in the
3121	jurisdiction of which the project is proposed to be located.
3122	Section 48.  Section 403.523, Florida Statutes, is amended
3123	to read:
3124	403.523  Department of Environmental Protection; powers and
3125	duties.--The department has shall have the following powers and
3126	duties:
3127	(1)  To adopt procedural rules pursuant to ss. 120.536(1)
3128	and 120.54 to administer implement the provisions of this act
3129	and to adopt or amend rules to implement the provisions of
3130	subsection (10).
3131	(2)  To prescribe the form and content of the public
3132	notices and the form, content, and necessary supporting
3133	documentation, and any required studies, for certification
3134	applications. All such data and studies shall be related to the
3135	jurisdiction of the agencies relevant to the application.
3136	(3)  To receive applications for transmission line and
3137	corridor certifications and initially determine the completeness
3138	and sufficiency thereof.
3139	(4)  To make or contract for studies of certification
3140	applications. All such studies shall be related to the
3141	jurisdiction of the agencies relevant to the application. For
3142	studies in areas outside the jurisdiction of the department and
3143	in the jurisdiction of another agency, the department may
3144	initiate such studies, but only with the consent of the such
3145	agency.
3146	(5)  To administer the processing of applications for
3147	certification and ensure that the applications, including
3148	postcertification reviews, are processed on an expeditious and
3149	priority basis as expeditiously as possible.
3150	(6)  To collect and process require such fees as allowed by
3151	this act.
3152	(7)  To prepare a report and project written analysis as
3153	required by s. 403.526.
3154	(8)  To prescribe the means for monitoring the effects
3155	arising from the location of the transmission line corridor and
3156	the construction, operation, and maintenance of the transmission
3157	lines to assure continued compliance with the terms of the
3158	certification.
3159	(9)  To make a determination of acceptability of any
3160	alternate corridor proposed for consideration under pursuant to
3161	s. 403.5271.
3162	(10)  To set requirements that reasonably protect the
3163	public health and welfare from the electric and magnetic fields
3164	of transmission lines for which an application is filed under
3165	after the effective date of this act.
3166	(11)  To present rebuttal evidence on any issue properly
3167	raised at the certification hearing.
3168	(12)  To issue final orders after receipt of the
3169	administrative law judge's order relinquishing jurisdiction
3170	pursuant to s. 403.527(6).
3171	(13)  To act as clerk for the siting board.
3172	(14)  To administer and manage the terms and conditions of
3173	the certification order and supporting documents and records for
3174	the life of the facility.
3175	(15)  To issue emergency orders on behalf of the board for
3176	facilities licensed under this act.
3177	Section 49.  Section 403.524, Florida Statutes, is amended
3178	to read:
3179	403.524  Applicability; and certification; exemptions.--
3180	(1)  The provisions of This act applies apply to each
3181	transmission line, except a transmission line certified under
3182	pursuant to the Florida Electrical Power Plant Siting Act.
3183	(2)  Except as provided in subsection (1), no construction
3184	of a any transmission line may not be undertaken without first
3185	obtaining certification under this act, but the provisions of
3186	this act does do not apply to:
3187	(a)  Transmission lines for which development approval has
3188	been obtained under pursuant to chapter 380.
3189	(b)  Transmission lines that which have been exempted by a
3190	binding letter of interpretation issued under s. 380.06(4), or
3191	in which the Department of Community Affairs or its predecessor
3192	agency has determined the utility to have vested development
3193	rights within the meaning of s. 380.05(18) or s. 380.06(20).
3194	(c)  Transmission line development in which all
3195	construction is limited to established rights-of-way.
3196	Established rights-of-way include such rights-of-way established
3197	at any time for roads, highways, railroads, gas, water, oil,
3198	electricity, or sewage and any other public purpose rights-of-
3199	way. If an established transmission line right-of-way is used to
3200	qualify for this exemption, the transmission line right-of-way
3201	must have been established at least 5 years before notice of the
3202	start of construction under subsection (4) of the proposed
3203	transmission line. If an established transmission line right-of-
3204	way is relocated to accommodate a public project, the date the
3205	original transmission line right-of-way was established applies
3206	to the relocated transmission line right-of-way for purposes of
3207	this exemption. Except for transmission line rights-of-way,
3208	established rights-of-way include rights-of-way created before
3209	or after October 1, 1983. For transmission line rights-of-way,
3210	established rights-of-way include rights-of-way created before
3211	October 1, 1983.
3212	(d)  Unless the applicant has applied for certification
3213	under this act, transmission lines that which are less than 15
3214	miles in length or are located in a single which do not cross a
3215	county within the state line, unless the applicant has elected
3216	to apply for certification under the act.
3217	(3)  The exemption of a transmission line under this act
3218	does not constitute an exemption for the transmission line from
3219	other applicable permitting processes under other provisions of
3220	law or local government ordinances.
3221	(4)  An electric A utility shall notify the department in
3222	writing, before prior to the start of construction, of its
3223	intent to construct a transmission line exempted under pursuant
3224	to this section. The Such notice is shall be only for
3225	information purposes, and no action by the department is not
3226	shall be required pursuant to the such notice. This notice may
3227	be included in any submittal filed with the department before
3228	the start of construction demonstrating that a new transmission
3229	line complies with the applicable electric and magnetic field
3230	standards.
3231	Section 50.  Section 403.525, Florida Statutes, is amended
3232	to read:
3233	403.525  Appointment of Administrative law judge;
3234	appointment; powers and duties.--
3235	(1)(a)  Within 7 days after receipt of an application,
3236	whether complete or not, the department shall request the
3237	Division of Administrative Hearings to designate an
3238	administrative law judge to conduct the hearings required by
3239	this act.
3240	(b)  The division director shall designate an
3241	administrative law judge to conduct the hearings required by
3242	this act within 7 days after receipt of the request from the
3243	department. Whenever practicable, the division director shall
3244	assign an administrative law judge who has had prior experience
3245	or training in this type of certification proceeding.
3246	(c)  Upon being advised that an administrative law judge
3247	has been designated, the department shall immediately file a
3248	copy of the application and all supporting documents with the
3249	administrative law judge, who shall docket the application.
3250	(2)  The administrative law judge has all powers and duties
3251	granted to administrative law judges under chapter 120 and by
3252	the laws and rules of the department.
3253	Section 51.  Section 403.5251, Florida Statutes, is amended
3254	to read:
3255	403.5251  Distribution of Application; schedules.--
3256	(1)(a)  The formal date of the filing of the application
3257	for certification and commencement of the review process for
3258	certification is the date on which the applicant submits:
3259	1.  Copies of the application for certification in a
3260	quantity and format, electronic or otherwise as prescribed by
3261	rule, to the department and other agencies identified in s.
3262	403.526(2).
3263	2.  The application fee as specified under s. 403.5365 to
3264	the department.
3265
3266	The department shall provide to the applicant and the Division
3267	of Administrative Hearings the names and addresses of any
3268	additional agencies or persons entitled to notice and copies of
3269	the application and amendments, if any, within 7 days after
3270	receiving the application for certification and the application
3271	fees.
3272	(b)  In the application, the starting point and ending
3273	point of a transmission line must be specifically defined by the
3274	applicant. Within 7 days after the filing of an application, the
3275	department shall provide the applicant and the Division of
3276	Administrative Hearings the names and addresses of those
3277	affected or other agencies entitled to notice and copies of the
3278	application and any amendments.
3279	(2)  Within 15 7 days after the formal date of the
3280	application filing completeness has been determined, the
3281	department shall prepare a proposed schedule of dates for
3282	determination of completeness, submission of statements of
3283	issues, determination of sufficiency, and submittal of final
3284	reports, from affected and other agencies and other significant
3285	dates to be followed during the certification process, including
3286	dates for filing notices of appearances to be a party under s.
3287	403.527(2) pursuant to s. 403.527(4). This schedule shall be
3288	provided by the department to the applicant, the administrative
3289	law judge, and the agencies identified under pursuant to
3290	subsection (1). Within 7 days after the filing of this proposed
3291	schedule, the administrative law judge shall issue an order
3292	establishing a schedule for the matters addressed in the
3293	department's proposed schedule and other appropriate matters, if
3294	any.
3295	(3)  Within 7 days after completeness has been determined,
3296	the applicant shall distribute copies of the application to all
3297	agencies identified by the department pursuant to subsection
3298	(1). Copies of changes and amendments to the application shall
3299	be timely distributed by the applicant to all agencies and
3300	parties who have received a copy of the application.
3301	(4)  Notice of the filing of the application shall be made
3302	in accordance with the requirements of s. 403.5363.
3303	Section 52.  Section 403.5252, Florida Statutes, is amended
3304	to read:
3305	403.5252  Determination of completeness.--
3306	(1)(a)  Within 30 days after distribution of an
3307	application, the affected agencies shall file a statement with
3308	the department containing the recommendations of each agency
3309	concerning the completeness of the application for
3310	certification.
3311	(b)  Within 7 15 days after receipt of the completeness
3312	statements of each agency an application, the department shall
3313	file a statement with the Division of Administrative Hearings,
3314	and with the applicant, and with all parties declaring its
3315	position with regard to the completeness, not the sufficiency,
3316	of the application. The statement of the department shall be
3317	based upon its consultation with the affected agencies.
3318	(2)(1)  If the department declares the application to be
3319	incomplete, the applicant, within 14 15 days after the filing of
3320	the statement by the department, shall file with the Division of
3321	Administrative Hearings, with all parties, and with the
3322	department a statement:
3323	(a)  A withdrawal of Agreeing with the statement of the
3324	department and withdrawing the application;
3325	(b)  Additional information necessary to make the
3326	application complete. After the department first determines the
3327	application to be incomplete, the time schedules under this act
3328	are not tolled if the applicant makes the application complete
3329	within the 14-day period. A subsequent finding by the department
3330	that the application remains incomplete tolls the time schedules
3331	under this act until the application is determined complete;
3332	Agreeing with the statement of the department and agreeing to
3333	amend the application without withdrawing it. The time schedules
3334	referencing a complete application under this act shall not
3335	commence until the application is determined complete; or
3336	(c)  A statement contesting the department's determination
3337	of incompleteness; or statement of the department.
3338	(d)  A statement agreeing with the department and
3339	requesting additional time to provide the information necessary
3340	to make the application complete. If the applicant exercises
3341	this option, the time schedules under this act are tolled until
3342	the application is determined complete.
3343	(3)(a)(2)  If the applicant contests the determination by
3344	the department that an application is incomplete, the
3345	administrative law judge shall schedule a hearing on the
3346	statement of completeness. The hearing shall be held as
3347	expeditiously as possible, but not later than 21 30 days after
3348	the filing of the statement by the department. The
3349	administrative law judge shall render a decision within 7 10
3350	days after the hearing.
3351	(b)  Parties to a hearing on the issue of completeness
3352	shall include the applicant, the department, and any agency that
3353	has jurisdiction over the matter in dispute. Any substantially
3354	affected person who wishes to become a party to the hearing on
3355	the issue of completeness must file a motion no later than 10
3356	days before the date of the hearing.
3357	(c)(a)  If the administrative law judge determines that the
3358	application was not complete as filed, the applicant shall
3359	withdraw the application or make such additional submittals as
3360	necessary to complete it. The time schedules referencing a
3361	complete application under this act do shall not commence until
3362	the application is determined complete.
3363	(d)(b)  If the administrative law judge determines that the
3364	application was complete at the time it was declared incomplete
3365	filed, the time schedules referencing a complete application
3366	under this act shall commence upon such determination.
3367	(4)  If the applicant provides additional information to
3368	address the issues identified in the determination of
3369	incompleteness, each affected agency may submit to the
3370	department, no later than 14 days after the applicant files the
3371	additional information, a recommendation on whether the agency
3372	believes the application is complete. Within 21 days after
3373	receipt of the additional information from the applicant
3374	submitted under paragraphs (2)(b), (2)(d), or (3)(c) and
3375	considering the recommendations of the affected agencies, the
3376	department shall determine whether the additional information
3377	supplied by an applicant makes the application complete. If the
3378	department finds that the application is still incomplete, the
3379	applicant may exercise any of the options specified in
3380	subsection (2) as often as is necessary to resolve the dispute.
3381	Section 53.  Section 403.526, Florida Statutes, is amended
3382	to read:
3383	403.526  Preliminary statements of issues, reports, and
3384	project analyses; and studies.--
3385	(1)  Each affected agency that is required to file a report
3386	which received an application in accordance with this section s.
3387	403.5251(3) shall submit a preliminary statement of issues to
3388	the department and all parties the applicant no later than 50 60
3389	days after the filing distribution of the complete application.
3390	Such statements of issues shall be made available to each local
3391	government for use as information for public meetings held under
3392	pursuant to s. 403.5272. The failure to raise an issue in this
3393	preliminary statement of issues does shall not preclude the
3394	issue from being raised in the agency's report.
3395	(2)(a)  The following affected agencies shall prepare
3396	reports as provided below and shall submit them to the
3397	department and the applicant no later than within 90 days after
3398	the filing distribution of the complete application:
3399	1.  The department shall prepare a report as to the impact
3400	of each proposed transmission line or corridor as it relates to
3401	matters within its jurisdiction.
3402	2.  Each water management district in the jurisdiction of
3403	which a proposed transmission line or corridor is to be located
3404	shall prepare a report as to the impact on water resources and
3405	other matters within its jurisdiction.
3406	3.  The Department of Community Affairs shall prepare a
3407	report containing recommendations which address the impact upon
3408	the public of the proposed transmission line or corridor, based
3409	on the degree to which the proposed transmission line or
3410	corridor is consistent with the applicable portions of the state
3411	comprehensive plan, emergency management, and other matters
3412	within its jurisdiction. The Department of Community Affairs may
3413	also comment on the consistency of the proposed transmission
3414	line or corridor with applicable strategic regional policy plans
3415	or local comprehensive plans and land development regulations.
3416	4.  The Fish and Wildlife Conservation Commission shall
3417	prepare a report as to the impact of each proposed transmission
3418	line or corridor on fish and wildlife resources and other
3419	matters within its jurisdiction.
3420	5.  Each local government shall prepare a report as to the
3421	impact of each proposed transmission line or corridor on matters
3422	within its jurisdiction, including the consistency of the
3423	proposed transmission line or corridor with all applicable local
3424	ordinances, regulations, standards, or criteria that apply to
3425	the proposed transmission line or corridor, including local
3426	comprehensive plans, zoning regulations, land development
3427	regulations, and any applicable local environmental regulations
3428	adopted pursuant to s. 403.182 or by other means. A No change by
3429	the responsible local government or local agency in local
3430	comprehensive plans, zoning ordinances, or other regulations
3431	made after the date required for the filing of the local
3432	government's report required by this section is not shall be
3433	applicable to the certification of the proposed transmission
3434	line or corridor unless the certification is denied or the
3435	application is withdrawn.
3436	6.  Each regional planning council shall present a report
3437	containing recommendations that address the impact upon the
3438	public of the proposed transmission line or corridor based on
3439	the degree to which the transmission line or corridor is
3440	consistent with the applicable provisions of the strategic
3441	regional policy plan adopted under pursuant to chapter 186 and
3442	other impacts of each proposed transmission line or corridor on
3443	matters within its jurisdiction.
3444	7.  The Department of Transportation shall prepare a report
3445	as to the impact of the proposed transmission line or corridor
3446	on state roads, railroads, airports, aeronautics, seaports, and
3447	other matters within its jurisdiction.
3448	8.  The commission shall prepare a report containing its
3449	determination under s. 403.537 and the report may include the
3450	comments from the commission with respect to any other subject
3451	within its jurisdiction.
3452	9.  Any other agency, if requested by the department, shall
3453	also perform studies or prepare reports as to subjects within
3454	the jurisdiction of the agency which may potentially be affected
3455	by the proposed transmission line.
3456	(b)  Each report must shall contain:
3457	1.  A notice of any nonprocedural requirements not
3458	specifically listed in the application from which a variance,
3459	exemption, exception, or other relief is necessary in order for
3460	the proposed corridor to be certified. Failure to include the
3461	notice shall be treated as a waiver from the nonprocedural
3462	requirements of that agency.
3463	2.  A recommendation for approval or denial of the
3464	application.
3465	3.  The information on variances required by s. 403.531(2)
3466	and proposed conditions of certification on matters within the
3467	jurisdiction of each agency. For each condition proposed by an
3468	agency, the agency shall list the specific statute, rule, or
3469	ordinance, as applicable, which authorizes the proposed
3470	condition.
3471	(c)  Each reviewing agency shall initiate the activities
3472	required by this section no later than 15 days after the
3473	complete application is filed distributed. Each agency shall
3474	keep the applicant and the department informed as to the
3475	progress of its studies and any issues raised thereby.
3476	(d)  When an agency whose agency head is a collegial body,
3477	such as a commission, board, or council, is required to submit a
3478	report pursuant to this section and is required by its own
3479	internal procedures to have the report reviewed by its agency
3480	head prior to finalization, the agency may submit to the
3481	Department a draft version of the report by the deadline
3482	indicated in subsection (a), and shall submit a final version of
3483	the report after review by the agency head, and no later than 15
3484	days after the deadline indicated in subsection (a).
3485	(e)  Receipt of an affirmative determination of need from
3486	the commission by the submittal deadline for agency reports
3487	under paragraph (a) is a condition precedent to further
3488	processing of the application.
3489	(3)  The department shall prepare a project written
3490	analysis containing which contains a compilation of agency
3491	reports and summaries of the material contained therein which
3492	shall be filed with the administrative law judge and served on
3493	all parties no later than 115 135 days after the application is
3494	filed complete application has been distributed to the affected
3495	agencies, and which shall include:
3496	(a)  A statement indicating whether the proposed electric
3497	transmission line will be in compliance with the rules of the
3498	department and affected agencies.
3499	(b)(a)  The studies and reports required by this section
3500	and s. 403.537.
3501	(c)(b)  Comments received from any other agency or person.
3502	(d)(c)  The recommendation of the department as to the
3503	disposition of the application, of variances, exemptions,
3504	exceptions, or other relief identified by any party, and of any
3505	proposed conditions of certification which the department
3506	believes should be imposed.
3507	(4)  The failure of any agency to submit a preliminary
3508	statement of issues or a report, or to submit its preliminary
3509	statement of issues or report within the allowed time, is shall
3510	not be grounds for the alteration of any time limitation in this
3511	act under pursuant to s. 403.528. Neither The failure to submit
3512	a preliminary statement of issues or a report, or nor the
3513	inadequacy of the preliminary statement of issues or report, are
3514	not shall be grounds to deny or condition certification.
3515	Section 54.  Section 403.527, Florida Statutes, is amended
3516	to read:
3517	(Substantial rewording of section. See
3518	s. 403.527, F.S., for present text.)
3519	403.527  Certification hearing, parties, participants.--
3520	(1)(a)  No later than 145 days after the application is
3521	filed, the administrative law judge shall conduct a
3522	certification hearing pursuant to ss. 120.569 and 120.57 at a
3523	central location in proximity to the proposed transmission line
3524	or corridor.
3525	(b)  Notice of the certification hearing and other public
3526	hearings provided for in this section and notice of the deadline
3527	for filing of notice of intent to be a party shall be made in
3528	accordance with the requirements of s. 403.5363.
3529	(2)(a)  Parties to the proceeding shall be:
3530	1.  The applicant.
3531	2.  The department.
3532	3.  The commission.
3533	4.  The Department of Community Affairs.
3534	5.  The Fish and Wildlife Conservation Commission.
3535	6.  The Department of Transportation.
3536	7.  Each water management district in the jurisdiction of
3537	which the proposed transmission line or corridor is to be
3538	located.
3539	8.  The local government.
3540	9.  The regional planning council.
3541	(b)  Any party listed in paragraph (a), other than the
3542	department or the applicant, may waive its right to participate
3543	in these proceedings. If any listed party fails to file a notice
3544	of its intent to be a party on or before the 30th day before the
3545	certification hearing, the party is deemed to have waived its
3546	right to be a party unless its participation would not prejudice
3547	the rights of any party to the proceeding.
3548	(c)  Notwithstanding the provisions of chapter 120 to the
3549	contrary, upon the filing with the administrative law judge of a
3550	notice of intent to be a party by an agency, corporation, or
3551	association described in subparagraphs 1. and 2. or a petition
3552	for intervention by a person described in subparagraph 3. no
3553	later than 30 days before the date set for the certification
3554	hearing, the following shall also be parties to the proceeding:
3555	1.  Any agency not listed in paragraph (a) as to matters
3556	within its jurisdiction.
3557	2.  Any domestic nonprofit corporation or association
3558	formed, in whole or in part, to promote conservation of natural
3559	beauty; to protect the environment, personal health, or other
3560	biological values; to preserve historical sites; to promote
3561	consumer interests; to represent labor, commercial, or
3562	industrial groups; or to promote comprehensive planning or
3563	orderly development of the area in which the proposed
3564	transmission line or corridor is to be located.
3565	3.  Any person whose substantial interests are affected and
3566	being determined by the proceeding.
3567	(d)  Any agency whose properties or works may be affected
3568	shall be made a party upon the request of the agency or any
3569	party to this proceeding.
3570	(3)(a)  The order of presentation at the certification
3571	hearing, unless otherwise changed by the administrative law
3572	judge to ensure the orderly presentation of witnesses and
3573	evidence, shall be:
3574	1.  The applicant.
3575	2.  The department.
3576	3.  State agencies.
3577	4.  Regional agencies, including regional planning councils
3578	and water management districts.
3579	5.  Local governments.
3580	6.  Other parties.
3581	(b)  When appropriate, any person may be given an
3582	opportunity to present oral or written communications to the
3583	administrative law judge. If the administrative law judge
3584	proposes to consider such communications, all parties shall be
3585	given an opportunity to cross-examine, challenge, or rebut the
3586	communications.
3587	(4)  One public hearing where members of the public who are
3588	not parties to the certification hearing may testify shall be
3589	held within the boundaries of each county, at the option of any
3590	local government.
3591	(a)  A local government shall notify the administrative law
3592	judge and all parties not later than 21 days after the
3593	application has been determined complete as to whether the local
3594	government wishes to have a public hearing. If a filing for an
3595	alternate corridor is accepted for consideration under s.
3596	403.5271(1) by the department and the applicant, any newly
3597	affected local government must notify the administrative law
3598	judge and all parties not later than 10 days after the data
3599	concerning the alternate corridor has been determined complete
3600	as to whether the local government wishes to have such a public
3601	hearing. The local government is responsible for providing the
3602	location of the public hearing if held separately from the
3603	certification hearing.
3604	(b)  Within 5 days after notification, the administrative
3605	law judge shall determine the date of the public hearing, which
3606	shall be held before or during the certification hearing. If two
3607	or more local governments within one county request a public
3608	hearing, the hearing shall be consolidated so that only one
3609	public hearing is held in any county. The location of a
3610	consolidated hearing shall be determined by the administrative
3611	law judge.
3612	(c)  If a local government does not request a public
3613	hearing within 21 days after the application has been determined
3614	complete, persons residing within the jurisdiction of the local
3615	government may testify during that portion of the certification
3616	hearing at which public testimony is heard.
3617	(5)  At the conclusion of the certification hearing, the
3618	administrative law judge shall, after consideration of all
3619	evidence of record, issue a recommended order disposing of the
3620	application no later than 45 days after the transcript of the
3621	certification hearing and the public hearings is filed with the
3622	Division of Administrative Hearings.
3623	(6)(a)  No later than 25 days before the certification
3624	hearing, the department or the applicant may request that the
3625	administrative law judge cancel the certification hearing and
3626	relinquish jurisdiction to the department if all parties to the
3627	proceeding stipulate that there are no disputed issues of
3628	material fact to be raised at the certification hearing.
3629	(b)  The administrative law judge shall issue an order
3630	granting or denying the request within 5 days.
3631	(c)  If the administrative law judge grants the request,
3632	the department and the applicant shall publish notices of the
3633	cancellation of the certification hearing in accordance with s.
3634	403.5363.
3635	(d)1.  If the administrative law judge grants the request,
3636	the department shall prepare and issue a final order in
3637	accordance with s. 403.529(1)(a).
3638	2.  Parties may submit proposed final orders to the
3639	department no later than 10 days after the administrative law
3640	judge issues an order relinquishing jurisdiction.
3641	(7)  The applicant shall pay those expenses and costs
3642	associated with the conduct of the hearing and the recording and
3643	transcription of the proceedings.
3644	Section 55.  Section 403.5271, Florida Statutes, is amended
3645	to read:
3646	403.5271  Alternate corridors.--
3647	(1)  No later than 45 50 days before prior to the
3648	originally scheduled certification hearing, any party may
3649	propose alternate transmission line corridor routes for
3650	consideration under pursuant to the provisions of this act.
3651	(a)  A notice of a any such proposed alternate corridor
3652	must shall be filed with the administrative law judge, all
3653	parties, and any local governments in whose jurisdiction the
3654	alternate corridor is proposed. The Such filing must shall
3655	include the most recent United States Geological Survey 1:24,000
3656	quadrangle maps specifically delineating the corridor
3657	boundaries, a description of the proposed corridor, and a
3658	statement of the reasons the proposed alternate corridor should
3659	be certified.
3660	(b)1.  Within 7 days after receipt of the such notice, the
3661	applicant and the department shall file with the administrative
3662	law judge and all parties a notice of acceptance or rejection of
3663	a proposed alternate corridor for consideration. If the
3664	alternate corridor is rejected either by the applicant or the
3665	department, the certification hearing and the public hearings
3666	shall be held as scheduled. If both the applicant and the
3667	department accept a proposed alternate corridor for
3668	consideration, the certification hearing and the public hearings
3669	shall be rescheduled, if necessary.
3670	2.  If rescheduled, the certification hearing shall be held
3671	no more than 90 days after the previously scheduled
3672	certification hearing, unless the data submitted under paragraph
3673	(d) is determined to be incomplete, in which case the
3674	rescheduled certification hearing shall be held no more than 105
3675	days after the previously scheduled certification hearing. If
3676	additional time is needed due to the alternate corridor crossing
3677	a local government jurisdiction that was not previously
3678	affected, in which case the remainder of the schedule listed
3679	below shall be appropriately adjusted by the administrative law
3680	judge to allow that local government to prepare a report
3681	pursuant to s. 403.526(2)(a)5.
3682	(c)  Notice of the filing of the alternate corridor, of the
3683	revised time schedules, of the deadline for newly affected
3684	persons and agencies to file notice of intent to become a party,
3685	of the rescheduled hearing date, and of the proceedings pursuant
3686	to s. 403.527(1)(b) and (c) shall be published in accordance
3687	with s. 403.5363.
3688	(d)  Within 21 25 days after acceptance of an alternate
3689	corridor by the department and the applicant, the party
3690	proposing an alternate corridor shall have the burden of
3691	providing all additional data to the agencies listed in s.
3692	403.526(2) and newly affected agencies s. 403.526 necessary for
3693	the preparation of a supplementary report on the proposed
3694	alternate corridor.
3695	(e)1.  Reviewing agencies shall advise the department of
3696	any issues concerning completeness no later than 15 days after
3697	the submittal of the data required by paragraph (d). Within 22
3698	days after receipt of the data, the department shall issue a
3699	determination of completeness.
3700	2.  If the department determines that the data required by
3701	paragraph (d) is not complete, the party proposing the alternate
3702	corridor must file such additional data to correct the
3703	incompleteness. This additional data must be submitted within 14
3704	days after the determination by the department.
3705	3.  If the department, within 14 days after receiving the
3706	additional data, determines that the data remains incomplete,
3707	the incompleteness of the data is deemed a withdrawal of the
3708	proposed alternate corridor. The department may make its
3709	determination based on recommendations made by other affected
3710	agencies. If the department determines within 15 days that this
3711	additional data is insufficient, the party proposing the
3712	alternate corridor shall file such additional data that corrects
3713	the insufficiency within 15 days after the filing of the
3714	department's determination. If such additional data is
3715	determined insufficient, such insufficiency of data shall be
3716	deemed a withdrawal of the proposed alternate corridor. The
3717	party proposing an alternate corridor shall have the burden of
3718	proof on the certifiability of the alternate corridor at the
3719	certification hearing pursuant to s. 403.529(4). Nothing in this
3720	act shall be construed as requiring the applicant or agencies
3721	not proposing the alternate corridor to submit data in support
3722	of such alternate corridor.
3723	(f)  The agencies listed in s. 403.526(2) and any newly
3724	affected agencies s. 403.526 shall file supplementary reports
3725	with the applicant and the department which address addressing
3726	the proposed alternate corridors no later than 24 60 days after
3727	the additional data is submitted pursuant to paragraph (d) or
3728	paragraph (e) is determined to be complete.
3729	(g)  The agency reports on alternate corridors must include
3730	all information required by s. 403.526(2) agencies shall submit
3731	supplementary notice pursuant to s. 403.531(2) at the time of
3732	filing of their supplemental report.
3733	(h)  When an agency whose agency head is a collegial body,
3734	such as a commission, board, or council, is required to submit a
3735	report pursuant to this section and is required by its own
3736	internal procedures to have the report reviewed by its agency
3737	head prior to finalization, the agency may submit to the
3738	Department a draft version of the report by the deadline
3739	indicated in subsection (f), and shall submit a final version of
3740	the report after review by the agency head, and no later than 7
3741	days after the deadline indicated in subsection (f).
3742	(i)(h)  The department shall file with the administrative
3743	law judge, the applicant, and all parties a project prepare a
3744	written analysis consistent with s. 403.526(3) no more than 16
3745	at least 29 days after submittal of agency reports on prior to
3746	the rescheduled certification hearing addressing the proposed
3747	alternate corridor.
3748	(2)  If the original certification hearing date is
3749	rescheduled, the rescheduling shall not provide the opportunity
3750	for parties to file additional alternate corridors to the
3751	applicant's proposed corridor or any accepted alternate
3752	corridor. However, an amendment to the application which changes
3753	the alignment of the applicant's proposed corridor shall require
3754	rescheduling of the certification hearing, if necessary, so as
3755	to allow time for a party to file alternate corridors to the
3756	realigned proposed corridor for which the application has been
3757	amended. Any such alternate corridor proposal shall have the
3758	same starting and ending points as the realigned portion of the
3759	corridor proposed by the applicant's amendment, provided that
3760	the administrative law judge for good cause shown may authorize
3761	another starting or ending point in the area of the applicant's
3762	amended corridor.
3763	(3)(a)  Notwithstanding the rejection of a proposed
3764	alternate corridor by the applicant or the department, any party
3765	may present evidence at the certification hearing to show that a
3766	corridor proper for certification does not satisfy the criteria
3767	listed in s. 403.529 or that a rejected alternate corridor would
3768	meet the criteria set forth in s. 403.529. No Evidence may not
3769	shall be admitted at the certification hearing on any alternate
3770	corridor, unless the alternate corridor was proposed by the
3771	filing of a notice at least 45 50 days before prior to the
3772	originally scheduled certification hearing pursuant to this
3773	section. Rejected alternate corridors shall be considered by the
3774	board as provided in s. 403.529(4) and (5).
3775	(b)  The party proposing an alternate corridor has the
3776	burden to prove that the alternate corridor can be certified at
3777	the certification hearing. This act does not require an
3778	applicant or agency that is not proposing the alternate corridor
3779	to submit data in support of the alternate corridor.
3780	(4)  If an alternate corridor is accepted by the applicant
3781	and the department pursuant to a notice of acceptance as
3782	provided in this subsection and the such corridor is ultimately
3783	determined to be the corridor that would meet the criteria set
3784	forth in s. 403.529(4) and (5), the board shall certify that
3785	corridor.
3786	Section 56.  Section 403.5272, Florida Statutes, is amended
3787	to read:
3788	403.5272  Local governments; Informational public
3789	meetings.--
3790	(1)  A local government whose jurisdiction is to be crossed
3791	by a proposed corridor governments may hold one informational
3792	public meeting meetings in addition to the hearings specifically
3793	authorized by this act on any matter associated with the
3794	transmission line proceeding. The Such informational public
3795	meeting may be conducted by the local government or the regional
3796	planning council and shall meetings should be held no later than
3797	55 80 days after the application is filed. The purpose of an
3798	informational public meeting is for the local government or
3799	regional planning council to further inform the general public
3800	about the transmission line proposed, obtain comments from the
3801	public, and formulate its recommendation with respect to the
3802	proposed transmission line.
3803	(2)  Informational public meetings shall be held solely at
3804	the option of each local government or regional planning
3805	council. It is the legislative intent that local governments or
3806	regional planning councils attempt to hold such public meetings.
3807	Parties to the proceedings under this act shall be encouraged to
3808	attend; however, a no party other than the applicant and the
3809	department is not shall be required to attend the such
3810	informational public meetings hearings.
3811	(3)  A local government or regional planning council that
3812	intends to conduct an informational public meeting must provide
3813	notice of the meeting, with notice sent to all parties listed in
3814	s. 403.527(2)(a), not less than 5 days before the meeting.
3815	(4)(3)  The failure to hold an informational public meeting
3816	or the procedure used for the informational public meeting are
3817	shall not be grounds for the alteration of any time limitation
3818	in this act under pursuant to s. 403.528 or grounds to deny or
3819	condition certification.
3820	Section 57.  Section 403.5275, Florida Statutes, is amended
3821	to read:
3822	403.5275  Amendment to the application.--
3823	(1)  Any amendment made to the application before
3824	certification shall be sent by the applicant to the
3825	administrative law judge and to all parties to the proceeding.
3826	(2)  Any amendment to the application made before prior to
3827	certification shall be disposed of as part of the original
3828	certification proceeding. Amendment of the application may be
3829	considered "good cause" for alteration of time limits pursuant
3830	to s. 403.528.
3831	Section 58.  Section 403.528, Florida Statutes, is amended
3832	to read:
3833	403.528  Alteration of time limits.--
3834	(1)  Any time limitation in this act may be altered by the
3835	administrative law judge upon stipulation between the department
3836	and the applicant unless objected to by any party within 5 days
3837	after notice or for good cause shown by any party.
3838	(2)  A comprehensive application encompassing more than one
3839	proposed transmission line may be good cause for alternation of
3840	time limits.
3841	Section 59.  Section 403.529, Florida Statutes, is amended
3842	to read:
3843	403.529  Final disposition of application.--
3844	(1)(a)  If the administrative law judge has granted a
3845	request to cancel the certification hearing and has relinquished
3846	jurisdiction to the department under s. 403.527(6), within 40
3847	days thereafter, the secretary of the department shall act upon
3848	the application by written order in accordance with the terms of
3849	this act and state the reasons for issuance or denial.
3850	(b)  If the administrative law judge does not grant a
3851	request to cancel the certification hearing under the provisions
3852	of s. 403.527(6) within 60 30 days after receipt of the
3853	administrative law judge's recommended order, the board shall
3854	act upon the application by written order, approving in whole,
3855	approving with such conditions as the board deems appropriate,
3856	or denying the certification and stating the reasons for
3857	issuance or denial.
3858	(2)  The issues that may be raised in any hearing before
3859	the board shall be limited to matters raised in the
3860	certification proceeding before the administrative law judge or
3861	raised in the recommended order of the administrative law judge.
3862	All parties, or their representatives, or persons who appear
3863	before the board shall be subject to the provisions of s.
3864	120.66.
3865	(3)  If certification is denied, the board, or secretary if
3866	applicable, shall set forth in writing the action the applicant
3867	would have to take to secure the approval of the application by
3868	the board.
3869	(4)  In determining whether an application should be
3870	approved in whole, approved with modifications or conditions, or
3871	denied, the board, or secretary when applicable, shall consider
3872	whether, and the extent to which, the location of the
3873	transmission line corridor and the construction, operation, and
3874	maintenance of the transmission line will:
3875	(a)  Ensure electric power system reliability and
3876	integrity;
3877	(b)  Meet the electrical energy needs of the state in an
3878	orderly, economical, and timely fashion;
3879	(c)  Comply with applicable nonprocedural requirements of
3880	agencies;
3881	(d)  Be consistent with applicable provisions of local
3882	government comprehensive plans, if any; and
3883	(e)  Effect a reasonable balance between the need for the
3884	transmission line as a means of providing reliable, economically
3885	efficient electric energy, as determined by the commission,
3886	under s. 403.537, abundant low-cost electrical energy and the
3887	impact upon the public and the environment resulting from the
3888	location of the transmission line corridor and the construction,
3889	operation, and maintenance of the transmission lines.
3890	(5)(a)  Any transmission line corridor certified by the
3891	board, or secretary if applicable, shall meet the criteria of
3892	this section. When more than one transmission line corridor is
3893	proper for certification under pursuant to s. 403.522(10) and
3894	meets the criteria of this section, the board, or secretary if
3895	applicable, shall certify the transmission line corridor that
3896	has the least adverse impact regarding the criteria in
3897	subsection (4), including costs.
3898	(b)  If the board, or secretary if applicable, finds that
3899	an alternate corridor rejected pursuant to s. 403.5271 meets the
3900	criteria of subsection (4) and has the least adverse impact
3901	regarding the criteria in subsection (4), including cost, of all
3902	corridors that meet the criteria of subsection (4), then the
3903	board, or secretary if applicable, shall deny certification or
3904	shall allow the applicant to submit an amended application to
3905	include the such corridor.
3906	(c)  If the board, or secretary if applicable, finds that
3907	two or more of the corridors that comply with the provisions of
3908	subsection (4) have the least adverse impacts regarding the
3909	criteria in subsection (4), including costs, and that the such
3910	corridors are substantially equal in adverse impacts regarding
3911	the criteria in subsection (4), including costs, then the board,
3912	or secretary if applicable, shall certify the corridor preferred
3913	by the applicant if the corridor is one proper for certification
3914	under pursuant to s. 403.522(10).
3915	(6)  The issuance or denial of the certification is by the
3916	board shall be the final administrative action required as to
3917	that application.
3918	Section 60.  Section 403.531, Florida Statutes, is amended
3919	to read:
3920	403.531  Effect of certification.--
3921	(1)  Subject to the conditions set forth therein,
3922	certification shall constitute the sole license of the state and
3923	any agency as to the approval of the location of transmission
3924	line corridors and the construction, operation, and maintenance
3925	of transmission lines. The certification is shall be valid for
3926	the life of the transmission line, if provided that construction
3927	on, or condemnation or acquisition of, the right-of-way is
3928	commenced within 5 years after of the date of certification or
3929	such later date as may be authorized by the board.
3930	(2)(a)  The certification authorizes shall authorize the
3931	licensee applicant to locate the transmission line corridor and
3932	to construct and maintain the transmission lines subject only to
3933	the conditions of certification set forth in the such
3934	certification.
3935	(b)  The certification may include conditions that which
3936	constitute variances and exemptions from nonprocedural standards
3937	or rules regulations of the department or any other agency,
3938	which were expressly considered during the certification review
3939	proceeding unless waived by the agency as provided in s. 403.526
3940	below and which otherwise would be applicable to the location of
3941	the proposed transmission line corridor or the construction,
3942	operation, and maintenance of the transmission lines. Each party
3943	shall notify the applicant and other parties at the time
3944	scheduled for the filing of the agency reports of any
3945	nonprocedural requirements not specifically listed in the
3946	application from which a variance, exemption, exception, or
3947	other relief is necessary in order for the board to certify any
3948	corridor proposed for certification. Failure of such
3949	notification shall be treated as a waiver from the nonprocedural
3950	requirements of that agency.
3951	(3)(a)  The certification shall be in lieu of any license,
3952	permit, certificate, or similar document required by any state,
3953	regional, or local agency under pursuant to, but not limited to,
3954	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
3955	chapter 253, chapter 258, chapter 298, chapter 370, chapter 372,
3956	chapter 373, chapter 376, chapter 380, chapter 381, chapter 387,
3957	chapter 403, chapter 404, the Florida Transportation Code, or 33
3958	U.S.C. s. 1341.
3959	(b)  On certification, any license, easement, or other
3960	interest in state lands, except those the title of which is
3961	vested in the Board of Trustees of the Internal Improvement
3962	Trust Fund, shall be issued by the appropriate agency as a
3963	ministerial act. The applicant shall be required to seek any
3964	necessary interest in state lands the title to which is vested
3965	in the Board of Trustees of the Internal Improvement Trust Fund
3966	from the board of trustees before, during, or after the
3967	certification proceeding, and certification may be made
3968	contingent upon issuance of the appropriate interest in realty.
3969	However, neither the applicant and nor any party to the
3970	certification proceeding may not directly or indirectly raise or
3971	relitigate any matter that which was or could have been an issue
3972	in the certification proceeding in any proceeding before the
3973	Board of Trustees of the Internal Improvement Trust Fund wherein
3974	the applicant is seeking a necessary interest in state lands,
3975	but the information presented in the certification proceeding
3976	shall be available for review by the board of trustees and its
3977	staff.
3978	(4)  This act does shall not in any way affect the
3979	ratemaking powers of the commission under chapter 366. This act
3980	does shall also not in any way affect the right of any local
3981	government to charge appropriate fees or require that
3982	construction be in compliance with the National Electrical
3983	Safety Code, as prescribed by the commission.
3984	(5)  A No term or condition of certification may not shall
3985	be interpreted to preclude the postcertification exercise by any
3986	party of whatever procedural rights it may have under chapter
3987	120, including those related to rulemaking proceedings.
3988	Section 61.  Section 403.5312, Florida Statutes, is amended
3989	to read:
3990	403.5312  Filing Recording of notice of certified corridor
3991	route.--
3992	(1)  Within 60 days after certification of a directly
3993	associated transmission line under pursuant to ss. 403.501-
3994	403.518 or a transmission line corridor under pursuant to ss.
3995	403.52-403.5365, the applicant shall file with the department
3996	and, in accordance with s. 28.222, with the clerk of the circuit
3997	court for each county through which the corridor will pass, a
3998	notice of the certified route.
3999	(2)  The notice must shall consist of maps or aerial
4000	photographs in the scale of 1:24,000 which clearly show the
4001	location of the certified route and must shall state that the
4002	certification of the corridor will result in the acquisition of
4003	rights-of-way within the corridor. Each clerk shall record the
4004	filing in the official record of the county for the duration of
4005	the certification or until such time as the applicant certifies
4006	to the department and the clerk that all lands required for the
4007	transmission line rights-of-way within the corridor have been
4008	acquired within the such county, whichever is sooner.
4009	(3)  The recording of this notice does shall not constitute
4010	a lien, cloud, or encumbrance on real property.
4011	Section 62.  Section 403.5315, Florida Statutes, is amended
4012	to read:
4013	403.5315  Modification of certification.--A certification
4014	may be modified after issuance in any one of the following ways:
4015	(1)  The board may delegate to the department the authority
4016	to modify specific conditions in the certification.
4017	(2)  The licensee may file a petition for modification with
4018	the department or the department may initiate the modification
4019	upon its own initiative.
4020	(a)  A petition for modification must set forth:
4021	1.  The proposed modification;
4022	2.  The factual reasons asserted for the modification; and
4023	3.  The anticipated additional environmental effects of the
4024	proposed modification.
4025	(b)(2)  The department may modify the terms and conditions
4026	of the certification if no party objects in writing to the such
4027	modification within 45 days after notice by mail to the last
4028	address of record in the certification proceeding, and if no
4029	other person whose substantial interests will be affected by the
4030	modification objects in writing within 30 days after issuance of
4031	public notice.
4032	(c)  If objections are raised or the department denies the
4033	proposed modification, the licensee may file a request for
4034	hearing on the modification with the department. Such a request
4035	shall be handled pursuant to chapter 120.
4036	(d)  A request for hearing referred to the Division of
4037	Administrative Hearings shall be disposed of in the same manner
4038	as an application but with time periods established by the
4039	administrative law judge commensurate with the significance of
4040	the modification requested. If objections are raised, the
4041	applicant may file a petition for modification pursuant to
4042	subsection (3).
4043	(3)  The applicant or the department may file a petition
4044	for modification with the department and the Division of
4045	Administrative Hearings setting forth:
4046	(a)  The proposed modification;
4047	(b)  The factual reasons asserted for the modification; and
4048	(c)  The anticipated additional environmental effects of
4049	the proposed modification.
4050	(4)  Petitions filed pursuant to subsection (3) shall be
4051	disposed of in the same manner as an application but with time
4052	periods established by the administrative law judge commensurate
4053	with the significance of the modification requested.
4054	Section 63.  Section 403.5317, Florida Statutes, is created
4055	to read:
4056	403.5317  Postcertification activities.--
4057	(1)(a)  If, subsequent to certification, a licensee
4058	proposes any material change to the application or prior
4059	amendments, the licensee shall submit to the department a
4060	written request for amendment and description of the proposed
4061	change to the application. The department shall, within 30 days
4062	after the receipt of the request for the amendment, determine
4063	whether the proposed change to the application requires a
4064	modification of the conditions of certification.
4065	(b)  If the department concludes that the change would not
4066	require a modification of the conditions of certification, the
4067	department shall notify, in writing, the licensee, all agencies,
4068	and all parties of the approval of the amendment.
4069	(c)  If the department concludes that the change would
4070	require a modification of the conditions of certification, the
4071	department shall notify the licensee that the proposed change to
4072	the application requires a request for modification under s.
4073	403.5315.
4074	(2)  Postcertification submittals filed by a licensee with
4075	one or more agencies are for the purpose of monitoring for
4076	compliance with the issued certification. Each submittal must be
4077	reviewed by each agency on an expedited and priority basis
4078	because each facility certified under this act is a critical
4079	infrastructure facility. Postcertification review may not be
4080	completed more than 90 days after complete information for a
4081	segment of the certified transmission line is submitted to the
4082	reviewing agencies.
4083	Section 64.  Section 403.5363, Florida Statutes, is created
4084	to read:
4085	403.5363  Public notices; requirements.--
4086	(1)(a)  The applicant shall arrange for the publication of
4087	the notices specified in paragraph (b).
4088	1.  The notices shall be published in newspapers of general
4089	circulation within counties crossed by the transmission line
4090	corridors proper for certification. The required newspaper
4091	notices for filing of an application and for the certification
4092	hearing shall be one-half page in size in a standard-size
4093	newspaper or a full page in a tabloid-size newspaper and
4094	published in a section of the newspaper other than the section
4095	for legal notices. These two notices must include a map
4096	generally depicting all transmission corridors proper for
4097	certification. A newspaper of general circulation shall be the
4098	newspaper within a county crossed by a transmission line
4099	corridor proper for certification which newspaper has the
4100	largest daily circulation in that county and has its principal
4101	office in that county. If the newspaper having the largest daily
4102	circulation has its principal office outside the county, the
4103	notices must appear in both the newspaper having the largest
4104	circulation in that county and in a newspaper authorized to
4105	publish legal notices in that county.
4106	2.  The department shall adopt rules specifying the content
4107	of the newspaper notices.
4108	3.  All notices published by the applicant shall be paid
4109	for by the applicant and shall be in addition to the application
4110	fee.
4111	(b)  Public notices that must be published under this
4112	section include:
4113	1.  The notice of the filing of an application, which must
4114	include a description of the proceedings required by this act.
4115	The notice must describe the provisions of s. 403.531(1) and (2)
4116	and give the date by which notice of intent to be a party or a
4117	petition to intervene in accordance with s. 403.527(2) must be
4118	filed. This notice must be published no more than 21 days after
4119	the application is filed.
4120	2.  The notice of the certification hearing and any other
4121	public hearing permitted under s. 403.527. The notice must
4122	include the date by which a person wishing to appear as a party
4123	must file the notice to do so. The notice of the certification
4124	hearing must be published at least 65 days before the date set
4125	for the certification hearing.
4126	3.  The notice of the cancellation of the certification
4127	hearing, if applicable. The notice must be published at least 3
4128	days before the date of the originally scheduled certification
4129	hearing.
4130	4.  The notice of the filing of a proposal to modify the
4131	certification submitted under s. 403.5315, if the department
4132	determines that the modification would require relocation or
4133	expansion of the transmission line right-of-way or a certified
4134	substation.
4135	(2)  The proponent of an alternate corridor shall arrange
4136	for the publication of the filing of the proposal for an
4137	alternate corridor, the revised time schedules, the date by
4138	which newly affected persons or agencies may file the notice of
4139	intent to become a party, and the date of the rescheduled
4140	hearing. A notice listed in this subsection must be published in
4141	a newspaper of general circulation within the county or counties
4142	crossed by the proposed alternate corridor and comply with the
4143	content requirements set forth in paragraph (1)(a). The notice
4144	must be published not less than 50 days before the rescheduled
4145	certification hearing.
4146	(3)  The department shall arrange for the publication of
4147	the following notices in the manner specified by chapter 120:
4148	(a)  The notice of the filing of an application and the
4149	date by which a person intending to become a party must file a
4150	petition to intervene or a notice of intent to be a party. The
4151	notice must be published no later than 21 days after the
4152	application has been filed.
4153	(b)  The notice of any administrative hearing for
4154	certification, if applicable. The notice must be published not
4155	less than 65 days before the date set for a hearing, except that
4156	notice for a rescheduled certification hearing after acceptance
4157	of an alternative corridor must be published not less than 50
4158	days before the date set for the hearing.
4159	(c)  The notice of the cancellation of a certification
4160	hearing, if applicable. The notice must be published not later
4161	than 7 days before the date of the originally scheduled
4162	certification hearing.
4163	(d)  The notice of the hearing before the siting board, if
4164	applicable.
4165	(e)  The notice of stipulations, proposed agency action, or
4166	a petition for modification.
4167	Section 65.  Section 403.5365, Florida Statutes, is amended
4168	to read:
4169	403.5365  Fees; disposition.--The department shall charge
4170	the applicant the following fees, as appropriate, which, unless
4171	otherwise specified, shall be paid into the Florida Permit Fee
4172	Trust Fund:
4173	(1)  An application fee.
4174	(a)  The application fee shall be of $100,000, plus $750
4175	per mile for each mile of corridor in which the transmission
4176	line right-of-way is proposed to be located within an existing
4177	electric electrical transmission line right-of-way or within any
4178	existing right-of-way for any road, highway, railroad, or other
4179	aboveground linear facility, or $1,000 per mile for each mile of
4180	electric transmission line corridor proposed to be located
4181	outside the such existing right-of-way.
4182	(b)(a)  Sixty percent of the fee shall go to the department
4183	to cover any costs associated with coordinating the review of
4184	reviewing and acting upon the application and any costs for
4185	field services associated with monitoring construction and
4186	operation of the electric transmission line facility.
4187	(c)(b)  The following percentage Twenty percent of the fees
4188	specified under this section, except postcertification fees,
4189	shall be transferred to the Administrative Trust Fund of the
4190	Division of Administrative Hearings of the Department of
4191	Management Services:.
4192	1.  Five percent to compensate for expenses from the
4193	initial exercise of duties associated with the filing of an
4194	application.
4195	2.  An additional 10 percent if an administrative hearing
4196	under s. 403.527 is held.
4197	(d)1.(c)  Upon written request with proper itemized
4198	accounting within 90 days after final agency action by the
4199	siting board or the department or the withdrawal of the
4200	application, the agencies that prepared reports under s. 403.526
4201	or s. 403.5271 or participated in a hearing under s. 403.527 or
4202	s. 403.5271 may submit a written request to the department for
4203	reimbursement of expenses incurred during the certification
4204	proceedings. The request must contain an accounting of expenses
4205	incurred, which may include time spent reviewing the
4206	application, department shall reimburse the expenses and costs
4207	of the Department of Community Affairs, the Fish and Wildlife
4208	Conservation Commission, the water management district, regional
4209	planning council, and local government in the jurisdiction of
4210	which the transmission line is to be located. Such reimbursement
4211	shall be authorized for the preparation of any studies required
4212	of the agencies by this act, and for agency travel and per diem
4213	to attend any hearing held under pursuant to this act, and for
4214	the local government or regional planning council providing
4215	additional notice of the informational public meeting. The
4216	department shall review the request and verify whether a claimed
4217	expense is valid. Valid expenses shall be reimbursed; however,
4218	if to participate in the proceedings. In the event the amount of
4219	funds available for reimbursement allocation is insufficient to
4220	provide for full compensation complete reimbursement to the
4221	agencies, reimbursement shall be on a prorated basis.
4222	2.  If the application review is held in abeyance for more
4223	than 1 year, the agencies may submit a request for reimbursement
4224	under subparagraph 1.
4225	(e)(d)  If any sums are remaining, the department shall
4226	retain them for its use in the same manner as is otherwise
4227	authorized by this section; provided, however, that if the
4228	certification application is withdrawn, the remaining sums shall
4229	be refunded to the applicant within 90 days after withdrawal.
4230	(2)  An amendment fee.
4231	(a)  If no corridor alignment change is proposed by the
4232	amendment, no amendment fee shall be charged.
4233	(b)  If a corridor alignment change under s. 403.5275 is
4234	proposed by the applicant, an additional fee of a minimum of
4235	$2,000 and $750 per mile shall be submitted to the department
4236	for use in accordance with this act.
4237	(c)  If an amendment is required to address issues,
4238	including alternate corridors under pursuant to s. 403.5271,
4239	raised by the department or other parties, no fee for the such
4240	amendment shall be charged.
4241	(3)  A certification modification fee.
4242	(a)  If no corridor alignment change is proposed by the
4243	licensee applicant, the modification fee shall be $4,000.
4244	(b)  If a corridor alignment change is proposed by the
4245	licensee applicant, the fee shall be $1,000 for each mile of
4246	realignment plus an amount not to exceed $10,000 to be fixed by
4247	rule on a sliding scale based on the load-carrying capability
4248	and configuration of the transmission line for use in accordance
4249	with subsection (1) (2).
4250	Section 66.  Subsection (1) of section 403.537, Florida
4251	Statutes, is amended to read:
4252	403.537  Determination of need for transmission line;
4253	powers and duties.--
4254	(1)(a)  Upon request by an applicant or upon its own
4255	motion, the Florida Public Service Commission shall schedule a
4256	public hearing, after notice, to determine the need for a
4257	transmission line regulated by the Florida Electric Transmission
4258	Line Siting Act, ss. 403.52-403.5365. The Such notice shall be
4259	published at least 21 45 days before the date set for the
4260	hearing and shall be published by the applicant in at least one-
4261	quarter page size notice in newspapers of general circulation,
4262	and by the commission in the manner specified in chapter 120 in
4263	the Florida Administrative Weekly, by giving notice to counties
4264	and regional planning councils in whose jurisdiction the
4265	transmission line could be placed, and by giving notice to any
4266	persons who have requested to be placed on the mailing list of
4267	the commission for this purpose. Within 21 days after receipt of
4268	a request for determination by an applicant, the commission
4269	shall set a date for the hearing. The hearing shall be held
4270	pursuant to s. 350.01 within 45 days after the filing of the
4271	request, and a decision shall be rendered within 60 days after
4272	such filing.
4273	(b)  The commission shall be the sole forum in which to
4274	determine the need for a transmission line. The need for a
4275	transmission line may not be raised or be the subject of review
4276	in another proceeding.
4277	(c)(b)  In the determination of need, the commission shall
4278	take into account the need for electric system reliability and
4279	integrity, the need for abundant, low-cost electrical energy to
4280	assure the economic well-being of the residents citizens of this
4281	state, the appropriate starting and ending point of the line,
4282	and other matters within its jurisdiction deemed relevant to the
4283	determination of need. The appropriate starting and ending
4284	points of the electric transmission line must be verified by the
4285	commission in its determination of need.
4286	(d)(c)  The determination by the commission of the need for
4287	the transmission line, as defined in s. 403.522(22) s.
4288	403.522(21), is binding on all parties to any certification
4289	proceeding under pursuant to the Florida Electric Transmission
4290	Line Siting Act and is a condition precedent to the conduct of
4291	the certification hearing prescribed therein. An order entered
4292	pursuant to this section constitutes final agency action.
4293	Section 67.  Subsection (3) of section 373.441, Florida
4294	Statutes, is amended to read:
4295	373.441  Role of counties, municipalities, and local
4296	pollution control programs in permit processing.--
4297	(3)  The department shall review environmental resource
4298	permit applications for electrical distribution and transmission
4299	lines and other facilities related to the production,
4300	transmission, and distribution of electricity which are not
4301	certified under ss. 403.52-403.5365, the Florida Electric
4302	Transmission Line Siting Act, regulated under this part.
4303	Section 68.  Subsection (30) of section 403.061, Florida
4304	Statutes, is amended to read:
4305	403.061  Department; powers and duties.--The department
4306	shall have the power and the duty to control and prohibit
4307	pollution of air and water in accordance with the law and rules
4308	adopted and promulgated by it and, for this purpose, to:
4309	(30)  Establish requirements by rule that reasonably
4310	protect the public health and welfare from electric and magnetic
4311	fields associated with existing 230 kV or greater electrical
4312	transmission lines, new 230 kV and greater electrical
4313	transmission lines for which an application for certification
4314	under the Florida Electric Transmission Line Siting Act, ss.
4315	403.52-403.5365, is not filed, new or existing electrical
4316	transmission or distribution lines with voltage less than 230
4317	kV, and substation facilities. Notwithstanding any other
4318	provision in this chapter or any other law of this state or
4319	political subdivision thereof, the department shall have
4320	exclusive jurisdiction in the regulation of electric and
4321	magnetic fields associated with all electrical transmission and
4322	distribution lines and substation facilities. However, nothing
4323	herein shall be construed as superseding or repealing the
4324	provisions of s. 403.523(1) and (10).
4325
4326	The department shall implement such programs in conjunction with
4327	its other powers and duties and shall place special emphasis on
4328	reducing and eliminating contamination that presents a threat to
4329	humans, animals or plants, or to the environment.
4330	Section 69.  Paragraph (a) of subsection (3) of section
4331	403.0876, Florida Statutes, is amended to read:
4332	403.0876  Permits; processing.--
4333	(3)(a)  The department shall establish a special unit for
4334	permit coordination and processing to provide expeditious
4335	processing of department permits which the district offices are
4336	unable to process expeditiously and to provide accelerated
4337	processing of certain permits or renewals for economic and
4338	operating stability. The ability of the department to process
4339	applications under pursuant to this subsection in a more timely
4340	manner than allowed by subsections (1) and (2) is dependent upon
4341	the timely exchange of information between the applicant and the
4342	department and the intervention of outside parties as allowed by
4343	law. An applicant may request the processing of its permit
4344	application by the special unit if the application is from an
4345	area of high unemployment or low per capita income, is from a
4346	business or industry that is the primary employer within an
4347	area's labor market, or is in an industry with respect to which
4348	the complexities involved in the review of the application
4349	require special skills uniquely available in the headquarters
4350	office. The department may require the applicant to waive the
4351	90-day time limitation for department issuance or denial of the
4352	permit once for a period not to exceed 90 days. The department
4353	may require a special fee to cover the direct cost of processing
4354	special applications in addition to normal permit fees and
4355	costs. The special fee may not exceed $10,000 per permit
4356	required. Applications for renewal permits, but not applications
4357	for initial permits, required for facilities pursuant to the
4358	Electrical Power Plant Siting Act or the Florida Electric
4359	Transmission Line Siting Act may be processed under this
4360	subsection. Personnel staffing the special unit shall have
4361	lengthy experience in permit processing.
4362	Section 70.  Paragraph (b) of subsection (3) of section
4363	403.809, Florida Statutes, is amended to read:
4364	403.809  Environmental districts; establishment; managers;
4365	functions.--
4366	(3)
4367	(b)  The processing of all applications for permits,
4368	licenses, certificates, and exemptions shall be accomplished at
4369	the district center or the branch office, except for those
4370	applications specifically assigned elsewhere in the department
4371	under s. 403.805 or to the water management districts under s.
4372	403.812 and those applications assigned by interagency agreement
4373	as provided in this act. However, the secretary, as head of the
4374	department, may not delegate to district or subdistrict
4375	managers, water management districts, or any unit of local
4376	government the authority to act on the following types of permit
4377	applications:
4378	1.  Permits issued under s. 403.0885, except such permit
4379	issuance may be delegated to district managers.
4380	2.  Construction of major air pollution sources.
4381	3.  Certifications under the Florida Electrical Power Plant
4382	Siting Act or the Florida Electric Transmission Line Siting Act
4383	and the associated permit issued under s. 403.0885, if
4384	applicable.
4385	4.  Permits issued under s. 403.0885 to steam electric
4386	generating facilities regulated pursuant to 40 C.F.R. part 423.
4387	5.  Permits issued under s. 378.901.
4388	Section 71.  Sections 403.5253 and 403.5369, Florida
4389	Statutes, are repealed.
4390	Section 72.  Section 403.885, Florida Statutes, is amended
4391	to read:
4392	403.885  Water Projects Stormwater management; wastewater
4393	management; and Water Restoration Grant Program.--
4394	(1)  The Department of Environmental Protection shall
4395	administer a grant program to use funds transferred pursuant to
4396	s. 212.20 to the Ecosystem Management and Restoration Trust Fund
4397	or other moneys as appropriated by the Legislature for water
4398	quality improvement, stormwater management, wastewater
4399	management, and water restoration and other water projects as
4400	specifically appropriated by the Legislature project grants.
4401	Eligible recipients of such grants include counties,
4402	municipalities, water management districts, and special
4403	districts that have legal responsibilities for water quality
4404	improvement, water management, stormwater management, wastewater
4405	management, lake and river water restoration projects, and.
4406	drinking water projects are not eligible for funding pursuant to
4407	this section.
4408	(2)  The grant program shall provide for the evaluation of
4409	annual grant proposals. The department shall evaluate such
4410	proposals to determine if they:
4411	(a)  Protect public health or and the environment.
4412	(b)  Implement plans developed pursuant to the Surface
4413	Water Improvement and Management Act created in part IV of
4414	chapter 373, other water restoration plans required by law,
4415	management plans prepared pursuant to s. 403.067, or other plans
4416	adopted by local government for water quality improvement and
4417	water restoration.
4418	(3)  In addition to meeting the criteria in subsection (2),
4419	annual grant proposals must also meet the following
4420	requirements:
4421	(a)  An application for a stormwater management project may
4422	be funded only if the application is approved by the water
4423	management district with jurisdiction in the project area.
4424	District approval must be based on a determination that the
4425	project provides a benefit to a priority water body.
4426	(b)  Except as provided in paragraph (c), an application
4427	for a wastewater management project may be funded only if:
4428	1.  The project has been funded previously through a line
4429	item in the General Appropriations Act; and
4430	2.  The project is under construction.
4431	(c)  An application for a wastewater management project
4432	that would qualify as a water pollution control project and
4433	activity in s. 403.1838 may be funded only if the project
4434	sponsor has submitted an application to the department for
4435	funding pursuant to that section.
4436	(4)  All project applicants must provide local matching
4437	funds as follows:
4438	(a)  An applicant for state funding of a stormwater
4439	management project shall provide local matching funds equal to
4440	at least 50 percent of the total cost of the project; and
4441	(b)  An applicant for state funding of a wastewater
4442	management project shall provide matching funds equal to at
4443	least 25 percent of the total cost of the project.
4444
4445	The requirement for matching funds may be waived if the
4446	applicant is a financially disadvantaged small local government
4447	as defined in subsection (5).
4448	(5)  Each fiscal year, at least 20 percent of the funds
4449	available pursuant to this section shall be used for projects to
4450	assist financially disadvantaged small local governments. For
4451	purposes of this section, the term "financially disadvantaged
4452	small local government" means a municipality having a population
4453	of 7,500 or less, a county having a population of 35,000 or
4454	less, according to the latest decennial census and a per capita
4455	annual income less than the state per capita annual income as
4456	determined by the United States Department of Commerce, or a
4457	county in an area designated by the Governor as a rural area of
4458	critical economic concern pursuant to s. 288.0656. Grants made
4459	to these eligible local governments shall not require matching
4460	local funds.
4461	(6)  Each year, stormwater management and wastewater
4462	management projects submitted for funding through the
4463	legislative process shall be submitted to the department by the
4464	appropriate fiscal committees of the House of Representatives
4465	and the Senate. The department shall review the projects and
4466	must provide each fiscal committee with a list of projects that
4467	appear to meet the eligibility requirements under this grant
4468	program.
4469	Section 73.  For the 2006-2007 fiscal year, the sum of
4470	$61,379 is appropriated from the General Revenue Fund to the
4471	Department of Revenue for the purpose of administering the
4472	energy-efficient products sales tax holiday.
4473	Section 74.  For the 2006-2007 fiscal year, the sum of
4474	$8,587,000 in nonrecurring funds is appropriated from the
4475	General Revenue Fund and $6,413,000 in nonrecurring funds is
4476	appropriated from the Grants and Donations Trust Fund in the
4477	Department of Environmental Protection for the purpose of
4478	funding the Renewable Energy Technologies Grants program
4479	authorized in s. 377.804, Florida Statutes. From the General
4480	Revenue Funds, $5,000,000 are contingent upon the coordination
4481	between the Department of Environmental Protection and the
4482	Department of Agriculture and Consumer Services pursuant to s.
4483	377.804(6), Florida Statutes.
4484	Section 75.  For the 2006-2007 fiscal year, the sum of $2.5
4485	million in nonrecurring funds is appropriated from the General
4486	Revenue Fund to the Department of Environmental Protection for
4487	the purpose of funding commercial and consumer solar incentives
4488	authorized in s. 377.806, Florida Statutes.
4489	Section 76.  This act shall take effect upon becoming a
4490	law.

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