Senate Bill sb2164
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Florida Senate - 2006 SB 2164
By Senator Aronberg
27-887C-06
1 A bill to be entitled
2 An act relating to the siting of electric
3 transmission lines; amending s. 403.52, F.S.;
4 changing the short title to the "Florida
5 Electric Transmission Line Siting Act";
6 amending s. 403.521, F.S.; revising legislative
7 intent; amending s. 403.522, F.S.; revising
8 definitions; defining the terms "licensee" and
9 "maintenance and access roads"; amending s.
10 403.523, F.S.; revising powers and duties of
11 the Department of Environmental Protection;
12 requiring the department to collect and process
13 fees, to prepare a project analysis, to act as
14 clerk for the siting board, and to administer
15 and manage the terms and conditions of the
16 certification order and supporting documents
17 and records; amending s. 403.524, F.S.;
18 revising provisions for applicability,
19 certification, and exemptions under the act;
20 revising provisions for notice by an electric
21 utility of its intent to construct an exempt
22 transmission line; amending s. 403.525, F.S.;
23 providing for powers and duties of the
24 administrative law judge designated by the
25 Division of Administrative Hearings to conduct
26 the required hearings; amending s. 403.5251,
27 F.S.; revising application procedures and
28 schedules; providing for the formal date of
29 filing an application for certification and
30 commencement of the certification review
31 process; requiring the department to prepare a
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1 proposed schedule of dates for determination of
2 completeness and other significant dates to be
3 followed during the certification process;
4 providing for the formal date of application
5 distribution; requiring the applicant to
6 provide notice of filing the application;
7 amending s. 403.5252, F.S.; revising timeframes
8 and procedures for determination of
9 completeness of the application; requiring the
10 department to consult with affected agencies;
11 revising requirements for the department to
12 file a statement of its determination of
13 completeness with the Division of
14 Administrative Hearings, the applicant, and all
15 parties within a certain time after
16 distribution of the application; revising
17 requirements for the applicant to file a
18 statement with the department, the division,
19 and all parties, if the department determines
20 the application is not complete; providing for
21 that statement to notify the department whether
22 the information will be provided; revising
23 timeframes and procedures for contests of the
24 determination by the department; providing for
25 parties to a hearing on the issue of
26 completeness; amending s. 403.526, F.S.;
27 revising criteria and procedures for
28 preliminary statements of issues, reports, and
29 studies; revising timeframes; requiring that
30 the preliminary statement of issues from each
31 affected agency be submitted to the department
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1 and the applicant; revising criteria for the
2 Department of Community Affairs' report;
3 requiring the Department of Transportation, the
4 Public Service Commission, and any other
5 affected agency to prepare a project report;
6 revising required content of the report;
7 providing for notice of any nonprocedural
8 requirements not listed in the application;
9 providing for failure to provide such
10 notification; providing for a recommendation
11 for approval or denial of the application;
12 providing that receipt of an affirmative
13 determination of need is a condition precedent
14 to further processing of the application;
15 requiring that the department prepare a project
16 analysis to be filed with the administrative
17 law judge and served on all parties within a
18 certain time; amending s. 403.527, F.S.;
19 revising procedures and timeframes for the
20 certification hearing conducted by the
21 administrative law judge; revising provisions
22 for notices and publication of notices, public
23 hearings held by local governments, testimony
24 at the public-hearing portion of the
25 certification hearing, the order of
26 presentations at the hearing, and consideration
27 of certain communications by the administrative
28 law judge; requiring the applicant to pay
29 certain expenses and costs; requiring the
30 administrative law judge to issue a recommended
31 order disposing of the application; requiring
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1 that certain notices be made in accordance with
2 specified requirements and within a certain
3 time; requiring the Department of
4 Transportation to be a party to the
5 proceedings; providing for the administrative
6 law judge to cancel the certification hearing
7 and relinquish jurisdiction to the Department
8 of Environmental Protection upon request by the
9 applicant or the department; requiring the
10 department and the applicant to publish notice
11 of such cancellation; providing for parties to
12 submit proposed recommended orders to the
13 department when the certification hearing has
14 been canceled; providing that the department
15 prepare a recommended order for final action by
16 the siting board when the hearing has been
17 canceled; amending s. 403.5271, F.S.; revising
18 procedures and timeframes for consideration of
19 proposed alternate corridors; revising notice
20 requirements; providing for notice of the
21 filing of the alternate corridor and revised
22 time schedules; providing for notice to
23 agencies newly affected by the proposed
24 alternate corridor; requiring the person
25 proposing the alternate corridor to provide all
26 data to the agencies within a certain time;
27 providing for a determination by the department
28 that the data is not complete; providing for
29 withdrawal of the proposed alternate corridor
30 upon such determination; requiring that
31 agencies file reports with the applicant and
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1 the department which address the proposed
2 alternate corridor; requiring that the
3 department file with the administrative law
4 judge, the applicant, and all parties a project
5 analysis of the proposed alternate corridor;
6 providing that the party proposing an alternate
7 corridor has the burden of proof concerning the
8 certifiability of the alternate corridor;
9 amending s. 403.5272, F.S.; revising procedures
10 for informational public meetings; providing
11 for informational public meetings held by
12 regional planning councils; revising
13 timeframes; amending s. 403.5275, F.S.;
14 revising provisions for amendment to the
15 application prior to certification; amending s.
16 403.528, F.S.; providing that a comprehensive
17 application encompassing more than one proposed
18 transmission line may be good cause for
19 altering established time limits; amending s.
20 403.529, F.S.; revising provisions for final
21 disposition of the application by the siting
22 board; providing for the administrative law
23 judge's or department's recommended order;
24 amending s. 403.531, F.S.; revising provisions
25 for conditions of certification; amending s.
26 403.5312, F.S.; requiring the applicant to file
27 notice of a certified corridor route with the
28 department; amending s. 403.5315, F.S.;
29 revising the circumstances under which a
30 certification may be modified after the
31 certification has been issued; providing for
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1 procedures if objections are raised to the
2 proposed modification; creating s. 403.5317,
3 F.S.; providing procedures for changes proposed
4 by the licensee after certification; requiring
5 the department to determine within a certain
6 time if the proposed change requires
7 modification of the conditions of
8 certification; requiring notice to the
9 licensee, all agencies, and all parties of
10 changes that are approved as not requiring
11 modification of the conditions of
12 certification; creating s. 403.5363, F.S.;
13 requiring publication of certain notices by the
14 applicant, the proponent of an alternate
15 corridor, and the department; requiring the
16 department to adopt rules specifying the
17 content of such notices; amending s. 403.5365,
18 F.S.; revising application fees and the
19 distribution of fees collected; revising
20 procedures for reimbursement of local
21 governments and regional planning
22 organizations; amending s. 403.537, F.S.;
23 revising the schedule for notice of a public
24 hearing by the Public Service Commission in
25 order to determine the need for a transmission
26 line; providing that the commission is the sole
27 forum in which to determine the need for a
28 transmission line; amending s. 403.061, F.S.;
29 conforming provisions to changes made in the
30 act; amending ss. 373.441, 403.0876, and
31 403.809, F.S.; conforming terminology to
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1 changes made by the act; repealing ss. 403.5253
2 and 403.5369, F.S., relating to determination
3 of sufficiency of application or amendment to
4 the application and the application of the act
5 to applications filed before a certain date;
6 providing an effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 403.52, Florida Statutes, is
11 amended to read:
12 403.52 Short title.--Sections 403.52-403.5365 may be
13 cited as the "Florida Electric Transmission Line Siting Act."
14 Section 2. Section 403.521, Florida Statutes, is
15 amended to read:
16 403.521 Legislative intent.--The legislative intent of
17 this act is to establish a centralized and coordinated
18 licensing permitting process for the location of electric
19 transmission line corridors and the construction, operation,
20 and maintenance of electric transmission lines, which are
21 critical infrastructure facilities. This necessarily involves
22 several broad interests of the public addressed through the
23 subject matter jurisdiction of several agencies. The
24 Legislature recognizes that electric transmission lines will
25 have an effect upon the reliability of the electric power
26 system, the environment, land use, and the welfare of the
27 population. Recognizing the need to ensure electric power
28 system reliability and integrity, and in order to meet
29 electric electrical energy needs in an orderly and timely
30 fashion, the centralized and coordinated licensing permitting
31 process established by this act is intended to further the
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1 legislative goal of ensuring through available and reasonable
2 methods that the location of transmission line corridors and
3 the construction, operation, and maintenance of electric
4 transmission lines produce minimal adverse effects on the
5 environment and public health, safety, and welfare while not
6 unduly conflicting with the goals established by the
7 applicable local comprehensive plan. It is the intent of this
8 act to fully balance the need for transmission lines with the
9 broad interests of the public in order to effect a reasonable
10 balance between the need for the facility as a means of
11 providing reliable, economical, and efficient electric
12 abundant low-cost electrical energy and the impact on the
13 public and the environment resulting from the location of the
14 transmission line corridor and the construction, operation,
15 and maintenance of the transmission lines. The Legislature
16 intends that the provisions of chapter 120 apply to this act
17 and to proceedings under pursuant to it except as otherwise
18 expressly exempted by other provisions of this act.
19 Section 3. Section 403.522, Florida Statutes, is
20 amended to read:
21 403.522 Definitions relating to the Florida Electric
22 Transmission Line Siting Act.--As used in this act:
23 (1) "Act" means the Florida Electric Transmission Line
24 Siting Act.
25 (2) "Agency," as the context requires, means an
26 official, officer, commission, authority, council, committee,
27 department, division, bureau, board, section, or other unit or
28 entity of government, including a county, municipality, or
29 other regional or local governmental entity.
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1 (3) "Amendment" means a material change in information
2 provided by the applicant to the application for certification
3 made after the initial application filing.
4 (4) "Applicant" means any electric utility that which
5 applies for certification under pursuant to the provisions of
6 this act.
7 (5) "Application" means the documents required by the
8 department to be filed to initiate and support a certification
9 review and evaluation, including the initial document filing,
10 amendments, and responses to requests from the department for
11 additional data and information proceeding. An electric
12 utility may file a comprehensive application encompassing all
13 or a part of one or more proposed transmission lines.
14 (6) "Board" means the Governor and Cabinet sitting as
15 the siting board.
16 (7) "Certification" means the approval by the board of
17 the license for a corridor proper for certification pursuant
18 to subsection (10) and the construction, operation, and
19 maintenance of transmission lines within the such corridor
20 with the such changes or conditions as the siting board deems
21 appropriate. Certification shall be evidenced by a written
22 order of the board.
23 (8) "Commission" means the Florida Public Service
24 Commission.
25 (9) "Completeness" means that the application has
26 addressed all applicable sections of the prescribed
27 application format and, but does not mean that those sections
28 are sufficient in comprehensiveness of data or in quality of
29 information provided to allow the department to determine
30 whether the application provides the reviewing agencies
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1 adequate information to prepare the reports required by s.
2 403.526.
3 (10) "Corridor" means the proposed area within which a
4 transmission line right-of-way, including maintenance and
5 access roads, is to be located. The width of the corridor
6 proposed for certification by an applicant or other party, at
7 the option of the applicant, may be the width of the
8 transmission line right-of-way, or a wider boundary, not to
9 exceed a width of 1 mile. The area within the corridor in
10 which a right-of-way may be located may be further restricted
11 by a condition of certification. After all property interests
12 required for the transmission line right-of-way and
13 maintenance and access roads have been acquired by the
14 applicant, the boundaries of the area certified shall narrow
15 to only that land within the boundaries of the transmission
16 line right-of-way. The corridors proper for certification
17 shall be those addressed in the application, in amendments to
18 the application filed under pursuant to s. 403.5275, and in
19 notices of acceptance of proposed alternate corridors filed by
20 an applicant and the department pursuant to s. 403.5271 for
21 which the required sufficient information for the preparation
22 of agency supplemental reports was filed.
23 (11) "Department" means the Department of
24 Environmental Protection.
25 (12) "Electric utility" means cities and towns,
26 counties, public utility districts, regulated electric
27 companies, electric cooperatives, regional transmission
28 organizations, operators of independent transmission systems,
29 or other transmission organizations approved by the Federal
30 Energy Regulatory Commission or the commission for the
31 operation of transmission facilities, and joint operating
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1 agencies, or combinations thereof, engaged in, or authorized
2 to engage in, the business of generating, transmitting, or
3 distributing electric energy.
4 (13) "License" means a franchise, permit,
5 certification, registration, charter, comprehensive plan
6 amendment, development order or permit as defined in chapters
7 163 and 380, or similar form of authorization required by law,
8 but it does not include a license required primarily for
9 revenue purposes when issuance of the license is merely a
10 ministerial act.
11 (14) "Licensee" means an applicant that has obtained a
12 certification order for the subject project.
13 (15)(14) "Local government" means a municipality or
14 county in the jurisdiction of which the project is proposed to
15 be located.
16 (16) "Maintenance and access roads" mean roads
17 constructed within the transmission line right-of-way. Nothing
18 in this act prohibits an applicant from constructing a road to
19 support construction, operation, or maintenance of the
20 transmission line that lies outside the transmission line
21 right-of-way.
22 (17)(15) "Modification" means any change in the
23 certification order after issuance, including a change in the
24 conditions of certification.
25 (18)(16) "Nonprocedural requirements of agencies"
26 means any agency's regulatory requirements established by
27 statute, rule, ordinance, or comprehensive plan, excluding any
28 provisions prescribing forms, fees, procedures, or time limits
29 for the review or processing of information submitted to
30 demonstrate compliance with such regulatory requirements.
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1 (19)(17) "Person" means an individual, partnership,
2 joint venture, private or public corporation, association,
3 firm, public service company, political subdivision, municipal
4 corporation, government agency, public utility district, or
5 any other entity, public or private, however organized.
6 (20)(18) "Preliminary statement of issues" means a
7 listing and explanation of those issues within the agency's
8 jurisdiction which are of major concern to the agency in
9 relation to the proposed electric electrical transmission line
10 corridor.
11 (21)(19) "Regional planning council" means a regional
12 planning council as defined in s. 186.503(4) in the
13 jurisdiction of which the project is proposed to be located.
14 (20) "Sufficiency" means that the application is not
15 only complete but that all sections are adequate in the
16 comprehensiveness of data and in the quality of information
17 provided to allow the department to determine whether the
18 application provides the reviewing agencies adequate
19 information to prepare the reports authorized by s. 403.526.
20 (22)(21) "Transmission line" or "electric transmission
21 line" means structures, maintenance and access roads, and all
22 other facilities that need to be constructed, operated, or
23 maintained for the purpose of conveying electric power any
24 electrical transmission line extending from, but not
25 including, an existing or proposed substation or power plant
26 to, but not including, an existing or proposed transmission
27 network or rights-of-way or substation to which the applicant
28 intends to connect which defines the end of the proposed
29 project and which is designed to operate at 230 kilovolts or
30 more. The starting point and ending point of a transmission
31 line must be specifically defined by the applicant and must be
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1 verified by the commission in its determination of need. A
2 transmission line includes structures and maintenance and
3 access roads that need to be constructed for the project to
4 become operational. The transmission line may include, at the
5 applicant's option, any proposed terminal or intermediate
6 substations or substation expansions necessary to serve the
7 transmission line.
8 (23)(22) "Transmission line right-of-way" means land
9 necessary for the construction and maintenance of a
10 transmission line. The typical width of the right-of-way
11 shall be identified in the application. The right-of-way
12 shall be located within the certified corridor and shall be
13 identified by the applicant subsequent to certification in
14 documents filed with the department before prior to
15 construction.
16 (24)(23) "Water management district" means a water
17 management district created pursuant to chapter 373 in the
18 jurisdiction of which the project is proposed to be located.
19 Section 4. Section 403.523, Florida Statutes, is
20 amended to read:
21 403.523 Department of Environmental Protection; powers
22 and duties.--The department has shall have the following
23 powers and duties:
24 (1) To adopt procedural rules pursuant to ss.
25 120.536(1) and 120.54 to administer implement the provisions
26 of this act and to adopt or amend rules to implement the
27 provisions of subsection (10).
28 (2) To prescribe the form and content of the public
29 notices and the form, content, and necessary supporting
30 documentation, and any required studies, for certification
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1 applications. All such data and studies shall be related to
2 the jurisdiction of the agencies relevant to the application.
3 (3) To receive applications for transmission line and
4 corridor certifications and initially determine the
5 completeness and sufficiency thereof.
6 (4) To make or contract for studies of certification
7 applications. All such studies shall be related to the
8 jurisdiction of the agencies relevant to the application. For
9 studies in areas outside the jurisdiction of the department
10 and in the jurisdiction of another agency, the department may
11 initiate such studies, but only with the consent of the such
12 agency.
13 (5) To administer the processing of applications for
14 certification and ensure that the applications, including
15 postcertification reviews, are processed on an expeditious and
16 priority basis as expeditiously as possible.
17 (6) To collect and process require such fees as
18 allowed by this act.
19 (7) To prepare a report and project written analysis
20 as required by s. 403.526.
21 (8) To prescribe the means for monitoring the effects
22 arising from the location of the transmission line corridor
23 and the construction and maintenance of the transmission lines
24 to assure continued compliance with the terms of the
25 certification.
26 (9) To make a determination of acceptability of any
27 alternate corridor proposed for consideration under pursuant
28 to s. 403.5271.
29 (10) To set requirements that reasonably protect the
30 public health and welfare from the electric and magnetic
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1 fields of transmission lines for which an application is filed
2 under after the effective date of this act.
3 (11) To present rebuttal evidence on any issue
4 properly raised at the certification hearing.
5 (12) To issue final orders after receipt of the
6 administrative law judge's order relinquishing jurisdiction
7 pursuant to s. 403.527(6).
8 (13) To act as clerk for the siting board.
9 (14) To administer and manage the terms and conditions
10 of the certification order and supporting documents and
11 records for the life of the facility.
12 (15) To issue emergency orders on behalf of the board
13 for facilities licensed under this act.
14 Section 5. Section 403.524, Florida Statutes, is
15 amended to read:
16 403.524 Applicability; and certification;
17 exemptions.--
18 (1) The provisions of This act applies apply to each
19 transmission line, except a transmission line certified under
20 pursuant to the Florida Electrical Power Plant Siting Act.
21 (2) Except as provided in subsection (1), no
22 construction of a any transmission line may not be undertaken
23 without first obtaining certification under this act, but the
24 provisions of this act does do not apply to:
25 (a) Transmission lines for which development approval
26 has been obtained under pursuant to chapter 380.
27 (b) Transmission lines that which have been exempted
28 by a binding letter of interpretation issued under s.
29 380.06(4), or in which the Department of Community Affairs or
30 its predecessor agency has determined the utility to have
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1 vested development rights within the meaning of s. 380.05(18)
2 or s. 380.06(20).
3 (c) Transmission line development in which all
4 construction is limited to established rights-of-way.
5 Established rights-of-way include such rights-of-way
6 established at any time for roads, highways, railroads, gas,
7 water, oil, electricity, or sewage and any other public
8 purpose rights-of-way. If an established transmission line
9 right-of-way is used to qualify for this exemption, the
10 transmission line right-of-way must have been established at
11 least 5 years before notice of the start of construction under
12 subsection (4) of the proposed transmission line. If an
13 established transmission line right-of-way is relocated to
14 accommodate a public project, the date the original
15 transmission line right-of-way was established applies to the
16 relocated transmission line right-of-way for purposes of this
17 exemption. Except for transmission line rights-of-way,
18 established rights-of-way include rights-of-way created before
19 or after October 1, 1983. For transmission line
20 rights-of-way, established rights-of-way include rights-of-way
21 created before October 1, 1983.
22 (d) Unless the applicant has applied for certification
23 under this act, transmission lines that which are less than 15
24 miles in length or are located in a single which do not cross
25 a county within the state line, unless the applicant has
26 elected to apply for certification under the act.
27 (3) The exemption of a transmission line under this
28 act does not constitute an exemption for the transmission line
29 from other applicable permitting processes under other
30 provisions of law or local government ordinances.
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1 (4) An electric A utility shall notify the department
2 in writing, before prior to the start of construction, of its
3 intent to construct a transmission line exempted under
4 pursuant to this section. The Such notice is shall be only for
5 information purposes, and no action by the department is not
6 shall be required pursuant to the such notice. This notice may
7 be included in any submittal filed with the department before
8 the start of construction demonstrating that a new
9 transmission line complies with the applicable electric and
10 magnetic field standards.
11 Section 6. Section 403.525, Florida Statutes, is
12 amended to read:
13 403.525 Appointment of Administrative law judge;
14 appointment; powers and duties.--
15 (1)(a) Within 7 days after receipt of an application,
16 whether complete or not, the department shall request the
17 Division of Administrative Hearings to designate an
18 administrative law judge to conduct the hearings required by
19 this act.
20 (b) The division director shall designate an
21 administrative law judge to conduct the hearings required by
22 this act within 7 days after receipt of the request from the
23 department. Whenever practicable, the division director shall
24 assign an administrative law judge who has had prior
25 experience or training in this type of certification
26 proceeding.
27 (c) Upon being advised that an administrative law
28 judge has been designated, the department shall immediately
29 file a copy of the application and all supporting documents
30 with the administrative law judge, who shall docket the
31 application.
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1 (2) The administrative law judge has all powers and
2 duties granted to administrative law judges under chapter 120
3 and by the laws and rules of the department.
4 Section 7. Section 403.5251, Florida Statutes, is
5 amended to read:
6 403.5251 Distribution of Application; schedules.--
7 (1)(a) The formal date of the filing of the
8 application for certification and commencement of the review
9 process for certification is the date on which the applicant
10 submits:
11 1. Copies of the application for certification in a
12 quantity and format, electronic or otherwise as prescribed by
13 rule, to the department and other agencies identified in s.
14 403.526(2); and
15 2. The application fee as specified under s. 403.5365
16 to the department.
17
18 The department shall provide to the applicant and the Division
19 of Administrative Hearings the names and addresses of any
20 additional agencies or persons entitled to notice and copies
21 of the application and amendments, if any, within 7 days after
22 receiving the application for certification and the
23 application fees.
24 (b) In the application, the starting point and ending
25 point of a transmission line must be specifically defined by
26 the applicant. Within 7 days after the filing of an
27 application, the department shall provide the applicant and
28 the Division of Administrative Hearings the names and
29 addresses of those affected or other agencies entitled to
30 notice and copies of the application and any amendments.
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1 (2) Within 15 7 days after the formal date of the
2 application filing completeness has been determined, the
3 department shall prepare a proposed schedule of dates for
4 determination of completeness, submission of statements of
5 issues, determination of sufficiency, and submittal of final
6 reports, from affected and other agencies and other
7 significant dates to be followed during the certification
8 process, including dates for filing notices of appearances to
9 be a party under s. 403.527(2) pursuant to s. 403.527(4).
10 This schedule shall be provided by the department to the
11 applicant, the administrative law judge, and the agencies
12 identified under pursuant to subsection (2)(1). Within 7 days
13 after the filing of this proposed schedule, the administrative
14 law judge shall issue an order establishing a schedule for the
15 matters addressed in the department's proposed schedule and
16 other appropriate matters, if any.
17 (3) Within 7 days after completeness has been
18 determined, the applicant shall distribute copies of the
19 application to all agencies identified by the department
20 pursuant to subsection (1). Copies of changes and amendments
21 to the application shall be timely distributed by the
22 applicant to all agencies and parties who have received a copy
23 of the application.
24 (4) Notice of the filing of the application shall be
25 made in accordance with the requirements of s. 403.5363.
26 Section 8. Section 403.5252, Florida Statutes, is
27 amended to read:
28 403.5252 Determination of completeness.--
29 (1)(a) Within 30 days after distribution of an
30 application, the affected agencies shall file a statement with
31 the department containing the recommendations of each agency
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1 concerning the completeness of the application for
2 certification.
3 (b) Within (7) 15 days after receipt of the
4 completeness statements of each agency an application, the
5 department shall file a statement with the Division of
6 Administrative Hearings, and with the applicant, and with all
7 parties declaring its position with regard to the
8 completeness, not the sufficiency, of the application. The
9 statement of the department shall be based upon its
10 consultation with the affected agencies.
11 (2)(1) If the department declares the application to
12 be incomplete, the applicant, within 14 15 days after the
13 filing of the statement by the department, shall file with the
14 Division of Administrative Hearings, with all parties, and
15 with the department a statement:
16 (a) A withdrawal of Agreeing with the statement of the
17 department and withdrawing the application;
18 (b) Additional information necessary to make the
19 application complete. After the department first determines
20 the application to be incomplete, the time schedules under
21 this act are not tolled if the applicant makes the application
22 complete within the 14-day period. A subsequent finding by the
23 department that the application remains incomplete tolls the
24 time schedules under this act until the application is
25 determined complete; Agreeing with the statement of the
26 department and agreeing to amend the application without
27 withdrawing it. The time schedules referencing a complete
28 application under this act shall not commence until the
29 application is determined complete; or
30
31
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1 (c) A statement contesting the department's
2 determination of incompleteness; or statement of the
3 department.
4 (d) A statement agreeing with the department and
5 requesting additional time to provide the information
6 necessary to make the application complete. If the applicant
7 exercises this option, the time schedules under this act are
8 tolled until the application is determined complete.
9 (3)(a)(2) If the applicant contests the determination
10 by the department that an application is incomplete, the
11 administrative law judge shall schedule a hearing on the
12 statement of completeness. The hearing shall be held as
13 expeditiously as possible, but not later than 21 30 days after
14 the filing of the statement by the department. The
15 administrative law judge shall render a decision within 7 10
16 days after the hearing.
17 (b) Parties to a hearing on the issue of completeness
18 shall include the applicant, the department, and any agency
19 that has jurisdiction over the matter in dispute. Any
20 substantially affected person who wishes to become a party to
21 the hearing on the issue of completeness must file a motion no
22 later than 10 days before the date of the hearing.
23 (c)(a) If the administrative law judge determines that
24 the application was not complete as filed, the applicant shall
25 withdraw the application or make such additional submittals as
26 necessary to complete it. The time schedules referencing a
27 complete application under this act do shall not commence
28 until the application is determined complete.
29 (d)(b) If the administrative law judge determines that
30 the application was complete at the time it was declared
31 incomplete filed, the time schedules referencing a complete
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1 application under this act shall commence upon such
2 determination.
3 (4) If the applicant provides additional information
4 to address the issues identified in the determination of
5 incompleteness, each affected agency may submit to the
6 department, no later than 14 days after the applicant files
7 the additional information, a recommendation on whether the
8 agency believes the application is complete. Within 21 days
9 after receipt of the additional information from the applicant
10 submitted under paragraphs (2)(b), (2)(d), or (3)(c) and
11 considering the recommendations of the affected agencies, the
12 department shall determine whether the additional information
13 supplied by an applicant makes the application complete. If
14 the department finds that the application is still incomplete,
15 the applicant may exercise any of the options specified in
16 subsection (2) as often as is necessary to resolve the
17 dispute.
18 Section 9. Section 403.526, Florida Statutes, is
19 amended to read:
20 403.526 Preliminary statements of issues, reports, and
21 project analyses; and studies.--
22 (1) Each affected agency that is required to file a
23 report which received an application in accordance with this
24 section s. 403.5251(3) shall submit a preliminary statement of
25 issues to the department and all parties the applicant no
26 later than 50 60 days after filing distribution of the
27 complete application. Such statements of issues shall be made
28 available to each local government for use as information for
29 public meetings held under pursuant to s. 403.5272. The
30 failure to raise an issue in this preliminary statement of
31
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1 issues does shall not preclude the issue from being raised in
2 the agency's report.
3 (2)(a) The following affected agencies shall prepare
4 reports as provided below and shall submit them to the
5 department and the applicant no later than within 90 days
6 after filing distribution of the complete application:
7 1. The department shall prepare a report as to the
8 impact of each proposed transmission line or corridor as it
9 relates to matters within its jurisdiction.
10 2. Each water management district in the jurisdiction
11 of which a proposed transmission line or corridor is to be
12 located shall prepare a report as to the impact on water
13 resources and other matters within its jurisdiction.
14 3. The Department of Community Affairs shall prepare a
15 report containing recommendations which address the impact
16 upon the public of the proposed transmission line or corridor,
17 based on the degree to which the proposed transmission line or
18 corridor is consistent with the applicable portions of the
19 state comprehensive plan, emergency management, and other
20 matters within its jurisdiction. The Department of Community
21 Affairs may also comment on the consistency of the proposed
22 transmission line or corridor with applicable strategic
23 regional policy plans or local comprehensive plans and land
24 development regulations.
25 4. The Fish and Wildlife Conservation Commission shall
26 prepare a report as to the impact of each proposed
27 transmission line or corridor on fish and wildlife resources
28 and other matters within its jurisdiction.
29 5. Each local government shall prepare a report as to
30 the impact of each proposed transmission line or corridor on
31 matters within its jurisdiction, including the consistency of
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1 the proposed transmission line or corridor with all applicable
2 local ordinances, regulations, standards, or criteria that
3 apply to the proposed transmission line or corridor, including
4 local comprehensive plans, zoning regulations, land
5 development regulations, and any applicable local
6 environmental regulations adopted pursuant to s. 403.182 or by
7 other means. A No change by the responsible local government
8 or local agency in local comprehensive plans, zoning
9 ordinances, or other regulations made after the date required
10 for the filing of the local government's report required by
11 this section is not shall be applicable to the certification
12 of the proposed transmission line or corridor unless the
13 certification is denied or the application is withdrawn.
14 6. Each regional planning council shall present a
15 report containing recommendations that address the impact upon
16 the public of the proposed transmission line or corridor based
17 on the degree to which the transmission line or corridor is
18 consistent with the applicable provisions of the strategic
19 regional policy plan adopted under pursuant to chapter 186 and
20 other impacts of each proposed transmission line or corridor
21 on matters within its jurisdiction.
22 7. The Department of Transportation shall prepare a
23 report as to the impact of the proposed transmission line or
24 corridor on state roads, railroads, airports, aeronautics,
25 seaports, and other matters within its jurisdiction.
26 8. The commission shall prepare a report containing
27 its determination under s. 403.537 and the report may include
28 the comments from the commission with respect to any other
29 subject within its jurisdiction.
30 9. Any other agency, if requested by the department,
31 shall also perform studies or prepare reports as to subjects
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1 within the jurisdiction of the agency which may potentially be
2 affected by the proposed transmission line.
3 (b) Each report must shall contain:
4 1. A notice of any nonprocedural requirements not
5 specifically listed in the application from which a variance,
6 exemption, exception, or other relief is necessary in order
7 for the proposed corridor to be certified. Failure to include
8 the notice shall be treated as a waiver from the nonprocedural
9 requirements of that agency.
10 2. A recommendation for approval or denial of the
11 application.
12 3. The proposed the information on variances required
13 by s. 403.531(2) and proposed conditions of certification on
14 matters within the jurisdiction of each agency. For each
15 condition proposed by an agency, the agency shall list the
16 specific statute, rule, or ordinance, as applicable, which
17 authorizes the proposed condition.
18 (c) Each reviewing agency shall initiate the
19 activities required by this section no later than 15 days
20 after the complete application is filed distributed. Each
21 agency shall keep the applicant and the department informed as
22 to the progress of its studies and any issues raised thereby.
23 (d) Receipt of an affirmative determination of need by
24 the submittal deadline for agency reports under paragraph (a)
25 is a condition precedent to further processing of the
26 application.
27 (3) The department shall prepare a project written
28 analysis containing which contains a compilation of agency
29 reports and summaries of the material contained therein which
30 shall be filed with the administrative law judge and served on
31 all parties no later than 115 135 days after the application
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1 is filed complete application has been distributed to the
2 affected agencies, and which shall include:
3 (a) A statement indicating whether the proposed
4 electric transmission line will be in compliance with the
5 rules of the department and affected agencies.
6 (b)(a) The studies and reports required by this
7 section and s. 403.537.
8 (c)(b) Comments received from any other agency or
9 person.
10 (d)(c) The recommendation of the department as to the
11 disposition of the application, of variances, exemptions,
12 exceptions, or other relief identified by any party, and of
13 any proposed conditions of certification which the department
14 believes should be imposed.
15 (4) The failure of any agency to submit a preliminary
16 statement of issues or a report, or to submit its preliminary
17 statement of issues or report within the allowed time, is
18 shall not be grounds for the alteration of any time limitation
19 in this act under pursuant to s. 403.528. Neither The failure
20 to submit a preliminary statement of issues or a report, or
21 nor the inadequacy of the preliminary statement of issues or
22 report, are not shall be grounds to deny or condition
23 certification.
24 Section 10. Section 403.527, Florida Statutes, is
25 amended to read:
26 (Substantial rewording of section. See s. 403.527,
27 F.S., for present text.)
28 403.527 Certification hearing, parties,
29 participants.--
30 (1)(a) No later than 145 days after the application is
31 filed, the administrative law judge shall conduct a
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1 certification hearing pursuant to ss. 120.569 and 120.57 at a
2 central location in proximity to the proposed transmission
3 line or corridor.
4 (b) Notice of the certification hearing and other
5 public hearings provided for in this section and notice of the
6 deadline for filing of notice of intent to be a party shall be
7 made in accordance with the requirements of s. 403.5363.
8 (2)(a) Parties to the proceeding shall be:
9 1. The applicant.
10 2. The department.
11 3. The commission.
12 4. The Department of Community Affairs.
13 5. The Fish and Wildlife Conservation Commission.
14 6. The Department of Transportation.
15 7. Each water management district in the jurisdiction
16 of which the proposed transmission line or corridor is to be
17 located.
18 8. The local government.
19 9. The regional planning council.
20 (b) Any party listed in paragraph (a), other than the
21 department or the applicant, may waive its right to
22 participate in these proceedings. If any listed party fails to
23 file a notice of its intent to be a party on or before the
24 30th day before the certification hearing, the party is deemed
25 to have waived its right to be a party unless its
26 participation would not prejudice the rights of any party to
27 the proceeding.
28 (c) Notwithstanding the provisions of chapter 120 to
29 the contrary, upon the filing with the administrative law
30 judge of a notice of intent to be a party by an agency,
31 corporation, or association described in subparagraphs 1. and
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1 2. or a petition for intervention by a person described in
2 subparagraph 3. no later than 30 days before the date set for
3 the certification hearing, the following shall also be parties
4 to the proceeding:
5 1. Any agency not listed in paragraph (a) as to
6 matters within its jurisdiction.
7 2. Any domestic nonprofit corporation or association
8 formed, in whole or in part, to promote conservation of
9 natural beauty; to protect the environment, personal health,
10 or other biological values; to preserve historical sites; to
11 promote consumer interests; to represent labor, commercial, or
12 industrial groups; or to promote comprehensive planning or
13 orderly development of the area in which the proposed
14 transmission line or corridor is to be located.
15 3. Any person whose substantial interests are affected
16 and being determined by the proceeding.
17 (d) Any agency whose properties or works may be
18 affected shall be made a party upon the request of the agency
19 or any party to this proceeding.
20 (3)(a) The order of presentation at the certification
21 hearing, unless otherwise changed by the administrative law
22 judge to ensure the orderly presentation of witnesses and
23 evidence, shall be:
24 1. The applicant.
25 2. The department.
26 3. State agencies.
27 4. Regional agencies, including regional planning
28 councils and water management districts.
29 5. Local governments.
30 6. Other parties.
31
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1 (b) When appropriate, any person may be given an
2 opportunity to present oral or written communications to the
3 administrative law judge. If the administrative law judge
4 proposes to consider such communications, all parties shall be
5 given an opportunity to cross-examine, challenge, or rebut the
6 communications.
7 (4) One public hearing where members of the public who
8 are not parties to the certification hearing may testify shall
9 be held within the boundaries of each county, at the option of
10 any local government.
11 (a) A local government shall notify the administrative
12 law judge and all parties not later than 21 days after the
13 application has been determined complete as to whether the
14 local government wishes to have a public hearing. If a filing
15 for an alternate corridor is accepted for consideration under
16 s. 403.5271(1) by the department and the applicant, any newly
17 affected local government must notify the administrative law
18 judge and all parties not later than 10 days after the data
19 concerning the alternate corridor has been determined complete
20 as to whether the local government wishes to have such a
21 public hearing. The local government is responsible for
22 providing the location of the public hearing if held
23 separately from the certification hearing.
24 (b) Within 5 days after notification, the
25 administrative law judge shall determine the date of the
26 public hearing, which shall be held before or during the
27 certification hearing. If two or more local governments within
28 one county request a public hearing, the hearing shall be
29 consolidated so that only one public hearing is held in any
30 county. The location of a consolidated hearing shall be
31 determined by the administrative law judge.
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1 (c) If a local government does not request a public
2 hearing within 21 days after the application has been
3 determined complete, persons residing within the jurisdiction
4 of the local government may testify during that portion of the
5 certification hearing at which public testimony is heard.
6 (5) At the conclusion of the certification hearing,
7 the administrative law judge shall, after consideration of all
8 evidence of record, issue a recommended order disposing of the
9 application no later than 45 days after the transcript of the
10 certification hearing and the public hearings is filed with
11 the Division of Administrative Hearings.
12 (6)(a) No later than 25 days before the certification
13 hearing, the department or the applicant may request that the
14 administrative law judge cancel the certification hearing and
15 relinquish jurisdiction to the department if all parties to
16 the proceeding stipulate that there are no disputed issues of
17 material fact to be raised at the certification hearing.
18 (b) The administrative law judge shall issue an order
19 granting or denying the request within 5 days.
20 (c) If the administrative law judge grants the
21 request, the department and the applicant shall publish
22 notices of the cancellation of the certification hearing in
23 accordance with s. 403.5363.
24 (d)1. If the administrative law judge grants the
25 request, the department shall prepare and issue a final order
26 in accordance with s. 403.529(1)(a).
27 2. Parties may submit proposed final orders to the
28 department no later than 10 days after the administrative law
29 judge issues an order relinquishing jurisdiction.
30
31
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1 (7) The applicant shall pay those expenses and costs
2 associated with the conduct of the hearing and the recording
3 and transcription of the proceedings.
4 Section 11. Section 403.5271, Florida Statutes, is
5 amended to read:
6 403.5271 Alternate corridors.--
7 (1) No later than 45 50 days before prior to the
8 originally scheduled certification hearing, any party may
9 propose alternate transmission line corridor routes for
10 consideration under pursuant to the provisions of this act.
11 (a) A notice of a any such proposed alternate corridor
12 must shall be filed with the administrative law judge, all
13 parties, and any local governments in whose jurisdiction the
14 alternate corridor is proposed. The Such filing must shall
15 include the most recent United States Geological Survey
16 1:24,000 quadrangle maps specifically delineating the corridor
17 boundaries, a description of the proposed corridor, and a
18 statement of the reasons the proposed alternate corridor
19 should be certified.
20 (b)1. Within 7 days after receipt of the such notice,
21 the applicant and the department shall file with the
22 administrative law judge and all parties a notice of
23 acceptance or rejection of a proposed alternate corridor for
24 consideration. If the alternate corridor is rejected either by
25 the applicant or the department, the certification hearing and
26 the public hearings shall be held as scheduled. If both the
27 applicant and the department accept a proposed alternate
28 corridor for consideration, the certification hearing and the
29 public hearings shall be rescheduled, if necessary.
30 2. If rescheduled, the certification hearing shall be
31 held no more than 90 days after the previously scheduled
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1 certification hearing, unless the data submitted under
2 paragraph (d) is determined to be incomplete, in which case
3 the rescheduled certification hearing shall be held no more
4 than 105 days after the previously scheduled certification
5 hearing. If additional time is needed due to the alternate
6 corridor crossing a local government jurisdiction that was not
7 previously affected, in which case the remainder of the
8 schedule listed below shall be appropriately adjusted by the
9 administrative law judge to allow that local government to
10 prepare a report pursuant to s. 403.526(2)(a)5.
11 (c) Notice of the filing of the alternate corridor, of
12 the revised time schedules, of the deadline for newly affected
13 persons and agencies to file notice of intent to become a
14 party, of the rescheduled hearing date, and of the proceedings
15 pursuant to s. 403.527(1)(b) and (c) shall be published in
16 accordance with s. 403.5363.
17 (d) Within 21 25 days after acceptance of an alternate
18 corridor by the department and the applicant, the party
19 proposing an alternate corridor shall have the burden of
20 providing all additional data to the agencies listed in s.
21 403.526(2) and newly affected agencies s. 403.526 necessary
22 for the preparation of a supplementary report on the proposed
23 alternate corridor.
24 (e)1. Reviewing agencies shall advise the department
25 of any issues concerning completeness no later than 15 days
26 after the submittal of the data required by paragraph (d).
27 Within 22 days after receipt of the data, the department shall
28 issue a determination of completeness.
29 2. If the department determines that the data required
30 by paragraph (d) is not complete, the party proposing the
31 alternate corridor must file such additional data to correct
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1 the incompleteness. This additional data must be submitted
2 within 15 days after the filing of the determination by the
3 department.
4 3. If the department, within 15 days after receiving
5 the additional data, determines that the data remains
6 incomplete, the incompleteness of the data is deemed a
7 withdrawal of the proposed alternate corridor. The department
8 may make its determination based on recommendations made by
9 other affected agencies. If the department determines within
10 15 days that this additional data is insufficient, the party
11 proposing the alternate corridor shall file such additional
12 data that corrects the insufficiency within 15 days after the
13 filing of the department's determination. If such additional
14 data is determined insufficient, such insufficiency of data
15 shall be deemed a withdrawal of the proposed alternate
16 corridor. The party proposing an alternate corridor shall
17 have the burden of proof on the certifiability of the
18 alternate corridor at the certification hearing pursuant to s.
19 403.529(4). Nothing in this act shall be construed as
20 requiring the applicant or agencies not proposing the
21 alternate corridor to submit data in support of such alternate
22 corridor.
23 (f) The agencies listed in s. 403.526(2) and any newly
24 affected agencies s. 403.526 shall file supplementary reports
25 with the applicant and the department which address addressing
26 the proposed alternate corridors no later than 24 60 days
27 after the additional data is submitted pursuant to paragraph
28 (d) or paragraph (e) is determined to be complete.
29 (g) The agency reports on alternate corridors must
30 include all information required by s. 403.526(2) agencies
31
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1 shall submit supplementary notice pursuant to s. 403.531(2) at
2 the time of filing of their supplemental report.
3 (h) The department shall file with the administrative
4 law judge, the applicant, and all parties a project prepare a
5 written analysis consistent with s. 403.526(3) no more than 14
6 at least 29 days after submittal of agency reports on prior to
7 the rescheduled certification hearing addressing the proposed
8 alternate corridor.
9 (2) If the original certification hearing date is
10 rescheduled, the rescheduling shall not provide the
11 opportunity for parties to file additional alternate corridors
12 to the applicant's proposed corridor or any accepted alternate
13 corridor. However, an amendment to the application which
14 changes the alignment of the applicant's proposed corridor
15 shall require rescheduling of the certification hearing, if
16 necessary, so as to allow time for a party to file alternate
17 corridors to the realigned proposed corridor for which the
18 application has been amended. Any such alternate corridor
19 proposal shall have the same starting and ending points as the
20 realigned portion of the corridor proposed by the applicant's
21 amendment, provided that the administrative law judge for good
22 cause shown may authorize another starting or ending point in
23 the area of the applicant's amended corridor.
24 (3)(a) Notwithstanding the rejection of a proposed
25 alternate corridor by the applicant or the department, any
26 party may present evidence at the certification hearing to
27 show that a corridor proper for certification does not satisfy
28 the criteria listed in s. 403.529 or that a rejected alternate
29 corridor would meet the criteria set forth in s. 403.529. No
30 Evidence may not shall be admitted at the certification
31 hearing on any alternate corridor, unless the alternate
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1 corridor was proposed by the filing of a notice at least 45 50
2 days before prior to the originally scheduled certification
3 hearing pursuant to this section. Rejected alternate corridors
4 shall be considered by the board as provided in s. 403.529(4)
5 and (5).
6 (b) The party proposing an alternate corridor has the
7 burden to prove that the alternate corridor can be certified
8 at the certification hearing. This act does not require an
9 applicant or agency that is not proposing the alternate
10 corridor to submit data in support of the alternate corridor.
11 (4) If an alternate corridor is accepted by the
12 applicant and the department pursuant to a notice of
13 acceptance as provided in this subsection and the such
14 corridor is ultimately determined to be the corridor that
15 would meet the criteria set forth in s. 403.529(4) and (5),
16 the board shall certify that corridor.
17 Section 12. Section 403.5272, Florida Statutes, is
18 amended to read:
19 403.5272 Local governments; Informational public
20 meetings.--
21 (1) A local government whose jurisdiction is to be
22 crossed by a proposed corridor governments may hold one
23 informational public meeting meetings in addition to the
24 hearings specifically authorized by this act on any matter
25 associated with the transmission line proceeding. The Such
26 informational public meeting may be conducted by the local
27 government or the regional planning council and shall meetings
28 should be held no later than 50 80 days after the application
29 is filed. The purpose of an informational public meeting is
30 for the local government or regional planning council to
31 further inform the general public about the transmission line
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1 proposed, obtain comments from the public, and formulate its
2 recommendation with respect to the proposed transmission line.
3 (2) Informational public meetings shall be held solely
4 at the option of each local government or regional planning
5 council. It is the legislative intent that local governments
6 or regional planning councils attempt to hold such public
7 meetings. Parties to the proceedings under this act shall be
8 encouraged to attend; however, a no party other than the
9 applicant and the department is not shall be required to
10 attend the such informational public meetings hearings.
11 (3) A local government or regional planning council
12 that intends to conduct an informational public meeting must
13 provide notice of the meeting, with notice sent to all parties
14 listed in s. 403.527(2)(a), not less than 5 days before the
15 meeting.
16 (4)(3) The failure to hold an informational public
17 meeting or the procedure used for the informational public
18 meeting are shall not be grounds for the alteration of any
19 time limitation in this act under pursuant to s. 403.528 or
20 grounds to deny or condition certification.
21 Section 13. Section 403.5275, Florida Statutes, is
22 amended to read:
23 403.5275 Amendment to the application.--
24 (1) Any amendment made to the application before
25 certification shall be sent by the applicant to the
26 administrative law judge and to all parties to the proceeding.
27 (2) Any amendment to the application made before prior
28 to certification shall be disposed of as part of the original
29 certification proceeding. Amendment of the application may be
30 considered "good cause" for alteration of time limits pursuant
31 to s. 403.528.
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1 Section 14. Section 403.528, Florida Statutes, is
2 amended to read:
3 403.528 Alteration of time limits.--
4 (1) Any time limitation in this act may be altered by
5 the administrative law judge upon stipulation between the
6 department and the applicant unless objected to by any party
7 within 5 days after notice or for good cause shown by any
8 party.
9 (2) A comprehensive application encompassing more than
10 one proposed transmission line may be good cause for
11 alternation of time limits.
12 Section 15. Section 403.529, Florida Statutes, is
13 amended to read:
14 403.529 Final disposition of application.--
15 (1)(a) If the administrative law judge has granted a
16 request to cancel the certification hearing and has
17 relinquished jurisdiction to the department under s.
18 403.527(6), within 40 days thereafter, the secretary of the
19 department shall act upon the application by written order in
20 accordance with the terms of this act and state the reasons
21 for issuance or denial.
22 (b) If the administrative law judge does not grant a
23 request to cancel the certification hearing under the
24 provisions of s. 403.527(6) within 60 30 days after receipt of
25 the administrative law judge's recommended order, the board
26 shall act upon the application by written order, approving in
27 whole, approving with such conditions as the board deems
28 appropriate, or denying the certification and stating the
29 reasons for issuance or denial.
30 (2) The issues that may be raised in any hearing
31 before the board shall be limited to matters raised in the
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1 certification proceeding before the administrative law judge
2 or raised in the recommended order of the administrative law
3 judge. All parties, or their representatives, or persons who
4 appear before the board shall be subject to the provisions of
5 s. 120.66.
6 (3) If certification is denied, the board, or
7 secretary if applicable, shall set forth in writing the action
8 the applicant would have to take to secure the approval of the
9 application by the board.
10 (4) In determining whether an application should be
11 approved in whole, approved with modifications or conditions,
12 or denied, the board, or secretary when applicable, shall
13 consider whether, and the extent to which, the location of the
14 transmission line corridor and the construction, operation,
15 and maintenance of the transmission line will:
16 (a) Ensure electric power system reliability and
17 integrity;
18 (b) Meet the electrical energy needs of the state in
19 an orderly, economical, and timely fashion;
20 (c) Comply with applicable nonprocedural requirements
21 of agencies;
22 (d) Be consistent with applicable provisions of local
23 government comprehensive plans, if any; and
24 (e) Effect a reasonable balance between the need for
25 the transmission line as a means of providing reliable,
26 economically efficient electric energy, as determined by the
27 commission, under s. 403.537, abundant low-cost electrical
28 energy and the impact upon the public and the environment
29 resulting from the location of the transmission line corridor
30 and the construction, operation, and maintenance of the
31 transmission lines.
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1 (5)(a) Any transmission line corridor certified by the
2 board, or secretary if applicable, shall meet the criteria of
3 this section. When more than one transmission line corridor
4 is proper for certification under pursuant to s. 403.522(10)
5 and meets the criteria of this section, the board, or
6 secretary if applicable, shall certify the transmission line
7 corridor that has the least adverse impact regarding the
8 criteria in subsection (4), including costs.
9 (b) If the board, or secretary if applicable, finds
10 that an alternate corridor rejected pursuant to s. 403.5271
11 meets the criteria of subsection (4) and has the least adverse
12 impact regarding the criteria in subsection (4), including
13 cost, of all corridors that meet the criteria of subsection
14 (4), then the board, or secretary if applicable, shall deny
15 certification or shall allow the applicant to submit an
16 amended application to include the such corridor.
17 (c) If the board, or secretary if applicable, finds
18 that two or more of the corridors that comply with the
19 provisions of subsection (4) have the least adverse impacts
20 regarding the criteria in subsection (4), including costs, and
21 that the such corridors are substantially equal in adverse
22 impacts regarding the criteria in subsection (4), including
23 costs, then the board, or secretary if applicable, shall
24 certify the corridor preferred by the applicant if the
25 corridor is one proper for certification under pursuant to s.
26 403.522(10).
27 (6) The issuance or denial of the certification is by
28 the board shall be the final administrative action required as
29 to that application.
30 Section 16. Section 403.531, Florida Statutes, is
31 amended to read:
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1 403.531 Effect of certification.--
2 (1) Subject to the conditions set forth therein,
3 certification shall constitute the sole license of the state
4 and any agency as to the approval of the location of
5 transmission line corridors and the construction, operation,
6 and maintenance of transmission lines. The certification is
7 shall be valid for the life of the transmission line, if
8 provided that construction on, or condemnation or acquisition
9 of, the right-of-way is commenced within 5 years after of the
10 date of certification or such later date as may be authorized
11 by the board.
12 (2)(a) The certification authorizes shall authorize
13 the licensee applicant to locate the transmission line
14 corridor and to construct and maintain the transmission lines
15 subject only to the conditions of certification set forth in
16 the such certification.
17 (b) The certification may include conditions that
18 which constitute variances and exemptions from nonprocedural
19 standards or rules regulations of the department or any other
20 agency, which were expressly considered during the
21 certification review proceeding unless waived by the agency as
22 provided in s. 403.526 below and which otherwise would be
23 applicable to the location of the proposed transmission line
24 corridor or the construction, operation, and maintenance of
25 the transmission lines. Each party shall notify the applicant
26 and other parties at the time scheduled for the filing of the
27 agency reports of any nonprocedural requirements not
28 specifically listed in the application from which a variance,
29 exemption, exception, or other relief is necessary in order
30 for the board to certify any corridor proposed for
31 certification. Failure of such notification shall be treated
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1 as a waiver from the nonprocedural requirements of that
2 agency.
3 (3)(a) The certification shall be in lieu of any
4 license, permit, certificate, or similar document required by
5 any state, regional, or local agency under pursuant to, but
6 not limited to, chapter 125, chapter 161, chapter 163, chapter
7 166, chapter 186, chapter 253, chapter 258, chapter 298,
8 chapter 370, chapter 372, chapter 373, chapter 376, chapter
9 380, chapter 381, chapter 387, chapter 403, chapter 404, the
10 Florida Transportation Code, or 33 U.S.C. s. 1341.
11 (b) On certification, any license, easement, or other
12 interest in state lands, except those the title of which is
13 vested in the Board of Trustees of the Internal Improvement
14 Trust Fund, shall be issued by the appropriate agency as a
15 ministerial act. The applicant shall be required to seek any
16 necessary interest in state lands the title to which is vested
17 in the Board of Trustees of the Internal Improvement Trust
18 Fund from the board of trustees before, during, or after the
19 certification proceeding, and certification may be made
20 contingent upon issuance of the appropriate interest in
21 realty. However, neither the applicant and nor any party to
22 the certification proceeding may not directly or indirectly
23 raise or relitigate any matter that which was or could have
24 been an issue in the certification proceeding in any
25 proceeding before the Board of Trustees of the Internal
26 Improvement Trust Fund wherein the applicant is seeking a
27 necessary interest in state lands, but the information
28 presented in the certification proceeding shall be available
29 for review by the board of trustees and its staff.
30 (4) This act does shall not in any way affect the
31 ratemaking powers of the commission under chapter 366. This
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1 act does shall also not in any way affect the right of any
2 local government to charge appropriate fees or require that
3 construction be in compliance with the National Electrical
4 Safety Code, as prescribed by the commission.
5 (5) A No term or condition of certification may not
6 shall be interpreted to preclude the postcertification
7 exercise by any party of whatever procedural rights it may
8 have under chapter 120, including those related to rulemaking
9 proceedings.
10 Section 17. Section 403.5312, Florida Statutes, is
11 amended to read:
12 403.5312 Filing Recording of notice of certified
13 corridor route.--
14 (1) Within 60 days after certification of a directly
15 associated transmission line under pursuant to ss.
16 403.501-403.518 or a transmission line corridor under pursuant
17 to ss. 403.52-403.5365, the applicant shall file, in
18 accordance with s. 28.222, with the department clerk and the
19 clerk of the circuit court for each county through which the
20 corridor will pass, a notice of the certified route.
21 (2) The notice must shall consist of maps or aerial
22 photographs in the scale of 1:24,000 which clearly show the
23 location of the certified route and must shall state that the
24 certification of the corridor will result in the acquisition
25 of rights-of-way within the corridor. Each clerk shall record
26 the filing in the official record of the county for the
27 duration of the certification or until such time as the
28 applicant certifies to the department and the clerk that all
29 lands required for the transmission line rights-of-way within
30 the corridor have been acquired within the such county,
31 whichever is sooner.
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1 (3) The recording of this notice does shall not
2 constitute a lien, cloud, or encumbrance on real property.
3 Section 18. Section 403.5315, Florida Statutes, is
4 amended to read:
5 403.5315 Modification of certification.--A
6 certification may be modified after issuance in any one of the
7 following ways:
8 (1) The board may delegate to the department the
9 authority to modify specific conditions in the certification.
10 (2) The licensee may file a petition for modification
11 with the department or the department may initiate the
12 modification upon its own initiative.
13 (a) A petition for modification must set forth:
14 1. The proposed modification;
15 2. The factual reasons asserted for the modification;
16 and
17 3. The anticipated additional environmental effects of
18 the proposed modification.
19 (b)(2) The department may modify the terms and
20 conditions of the certification if no party objects in writing
21 to the such modification within 45 days after notice by mail
22 to the last address of record in the certification proceeding,
23 and if no other person whose substantial interests will be
24 affected by the modification objects in writing within 30 days
25 after issuance of public notice.
26 (c) If objections are raised or the department denies
27 the proposed modification, the licensee may file a request for
28 hearing on the modification with the department. Such a
29 request shall be handled pursuant to chapter 120.
30 (d) A request for hearing referred to the Division of
31 Administrative Hearings shall be disposed of in the same
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1 manner as an application but with time periods established by
2 the administrative law judge commensurate with the
3 significance of the modification requested. If objections are
4 raised, the applicant may file a petition for modification
5 pursuant to subsection (3).
6 (3) The applicant or the department may file a
7 petition for modification with the department and the Division
8 of Administrative Hearings setting forth:
9 (a) The proposed modification;
10 (b) The factual reasons asserted for the modification;
11 and
12 (c) The anticipated additional environmental effects
13 of the proposed modification.
14 (4) Petitions filed pursuant to subsection (3) shall
15 be disposed of in the same manner as an application but with
16 time periods established by the administrative law judge
17 commensurate with the significance of the modification
18 requested.
19 Section 19. Section 403.5317, Florida Statutes, is
20 created to read:
21 403.5317 Postcertification activities.--
22 (1)(a) If, subsequent to certification, a licensee
23 proposes any material change to the application or prior
24 amendments, the licensee shall submit to the department a
25 written request for amendment and description of the proposed
26 change to the application. The department shall, within 30
27 days after the receipt of the request for the amendment,
28 determine whether the proposed change to the application
29 requires a modification of the conditions of certification.
30 (b) If the department concludes that the change would
31 not require a modification of the conditions of certification,
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1 the department shall notify, in writing, the licensee, all
2 agencies, and all parties of the approval of the amendment.
3 (c) If the department concludes that the change would
4 require a modification of the conditions of certification, the
5 department shall notify the licensee that the proposed change
6 to the application requires a request for modification under
7 s. 403.5315.
8 (2) Postcertification submittals filed by a licensee
9 with one or more agencies are for the purpose of monitoring
10 for compliance with the issued certification. Each submittal
11 must be reviewed by each agency on an expedited and priority
12 basis because each facility certified under this act is a
13 critical infrastructure facility. Postcertification review
14 shall be completed within 90 days after complete information
15 for a segment of the certified transmission line is submitted
16 to the reviewing agencies.
17 Section 20. Section 403.5363, Florida Statutes, is
18 created to read:
19 403.5363 Public notices; requirements.--
20 (1)(a) The applicant shall arrange for the publication
21 of the notices specified in paragraph (b).
22 1. The notices shall be published in newspapers of
23 general circulation within counties crossed by the
24 transmission line corridors proper for certification. The
25 required newspaper notices for filing of an application and
26 for the certification hearing shall be one-half page in size
27 in a standard-size newspaper or a full page in a tabloid-size
28 newspaper and published in a section of the newspaper other
29 than the section for legal notices. These two notices must
30 include a map generally depicting all transmission corridors
31 proper for certification. A newspaper of general circulation
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1 shall be the newspaper within a county crossed by a
2 transmission line corridor proper for certification which
3 newspaper has the largest daily circulation in that county and
4 has its principal office in that county. If the newspaper
5 having the largest daily circulation has its principal office
6 outside the county, the notices must appear in both the
7 newspaper having the largest circulation in that county and in
8 a newspaper authorized to publish legal notices in that
9 county.
10 2. The department shall adopt rules specifying the
11 content of the newspaper notices.
12 3. All notices published by the applicant shall be
13 paid for by the applicant and shall be in addition to the
14 application fee.
15 (b) Public notices that must be published under this
16 section include:
17 1. The notice of the filing of an application, which
18 must include a description of the proceedings required by this
19 act. The notice must describe the provisions of s. 403.531(1)
20 and (2) and give the date by which notice of intent to be a
21 party to or an intervenor in a petition to intervene in
22 accordance with s. 403.527(2) must be filed. This notice must
23 be published no more than 21 days after the application is
24 filed.
25 2. The notice of the certification hearing and any
26 other public hearing permitted under s. 403.527. The notice
27 must include the date by which a person wishing to appear as a
28 party must file the notice to do so. The notice of the
29 certification hearing must be published at least 65 days
30 before the date set for the certification hearing.
31
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1 3. The notice of the cancellation of the certification
2 hearing, if applicable. The notice must be published at least
3 3 days before the date of the originally scheduled
4 certification hearing.
5 4. The notice of the filing of a proposal to modify
6 the certification submitted under s. 403.5315, if the
7 department determines that the modification would require
8 relocation or expansion of the transmission line rights-of-way
9 or a certified substation.
10 (2) The proponent of an alternate corridor shall
11 arrange for the publication of the filing of the proposal for
12 an alternate corridor, the revised time schedules, the date by
13 which newly affected persons or agencies may file a petition
14 to intervene or notice of intent to become a party, as
15 appropriate, and the date of the rescheduled hearing. A notice
16 listed in this subsection must be published in a newspaper of
17 general circulation within the county or counties crossed by
18 the proposed alternate corridor and comply with the content
19 requirements set forth in paragraph (1)(a). The notice must be
20 published not less than 50 days before the rescheduled
21 certification hearing.
22 (3) The department shall arrange for the publication
23 of the following notices in the manner specified by chapter
24 120:
25 (a) The notice of the filing of an application and the
26 date by which a person intending to become a party must file a
27 petition to intervene or a notice of intent to be a party, as
28 appropriate. The notice must be published no later than 21
29 days after the application has been filed.
30 (b) The notice of any administrative hearing for
31 certification, if applicable. The notice must be published not
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1 less than 65 days before the date set for a hearing, except
2 that notice for a rescheduled certification hearing after
3 acceptance of an alternative corridor must be published not
4 less than 50 days before the date set for the hearing.
5 (c) The notice of the cancellation of a certification
6 hearing, if applicable. The notice must be published not later
7 than 7 days before the date of the originally scheduled
8 certification hearing.
9 (d) The notice of the hearing before the siting board,
10 if applicable.
11 (e) The notice of stipulations, proposed agency
12 action, or a petition for modification.
13 Section 21. Section 403.5365, Florida Statutes, is
14 amended to read:
15 403.5365 Fees; disposition.--The department shall
16 charge the applicant the following fees, as appropriate,
17 which, unless otherwise specified, shall be paid into the
18 Florida Permit Fee Trust Fund:
19 (1) An application fee.
20 (a) The application fee shall be of $100,000, plus
21 $750 per mile for each mile of corridor in which the
22 transmission line right-of-way is proposed to be located
23 within an existing electric electrical transmission line
24 right-of-way or within any existing right-of-way for any road,
25 highway, railroad, or other aboveground linear facility, or
26 $1,000 per mile for each mile of transmission line corridor
27 proposed to be located outside the such existing right-of-way.
28 (b)(a) Sixty percent of the fee shall go to the
29 department to cover any costs associated with coordinating the
30 review of reviewing and acting upon the application and any
31 costs for field services associated with monitoring
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1 construction and operation of the electric transmission line
2 facility.
3 (c)(b) The following percentage Twenty percent of the
4 fees specified under this section, except postcertification
5 fees, shall be transferred to the Administrative Trust Fund of
6 the Division of Administrative Hearings of the Department of
7 Management Services:.
8 1. Five percent to compensate for expenses from the
9 initial exercise of duties associated with the filing of an
10 application.
11 2. An additional 10 percent if an administrative
12 hearing under s. 403.527 is held.
13 (d)1.(c) Upon written request with proper itemized
14 accounting within 90 days after final agency action by the
15 siting board, the department, or the withdrawal of the
16 application, the agencies that prepared reports under s.
17 403.526 or s. 403.5271 or participated in a hearing under s.
18 403.527 or s. 403.5271 may submit a written request to the
19 department for reimbursement of expenses incurred during the
20 certification proceedings. The request must contain an
21 accounting of expenses incurred, which may include time spent
22 reviewing the application, department shall reimburse the
23 expenses and costs of the Department of Community Affairs, the
24 Fish and Wildlife Conservation Commission, the water
25 management district, regional planning council, and local
26 government in the jurisdiction of which the transmission line
27 is to be located. Such reimbursement shall be authorized for
28 the preparation of any studies required of the agencies by
29 this act, and for agency travel and per diem to attend any
30 hearing held under pursuant to this act, and for the local
31 government or regional planning council providing additional
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1 notice of the informational public meeting. The department
2 shall review the request and verify whether a claimed expense
3 is valid. Valid expenses shall be reimbursed; however, if to
4 participate in the proceedings. In the event the amount of
5 funds available for reimbursement allocation is insufficient
6 to provide for full compensation complete reimbursement to the
7 agencies, reimbursement shall be on a prorated basis.
8 2. If the application review is held in abeyance for
9 more than 1 year, the agencies may submit a request for
10 reimbursement under subparagraph 1.
11 (e)(d) If any sums are remaining, the department shall
12 retain them for its use in the same manner as is otherwise
13 authorized by this section; provided, however, that if the
14 certification application is withdrawn, the remaining sums
15 shall be refunded to the applicant within 90 days after
16 withdrawal.
17 (2) An amendment fee.
18 (a) If no corridor alignment change is proposed by the
19 amendment, no amendment fee shall be charged.
20 (b) If a corridor alignment change under s. 403.5275,
21 is proposed by the applicant, an additional fee of a minimum
22 of $2,000 and $750 per mile shall be submitted to the
23 department for use in accordance with this act.
24 (c) If an amendment is required to address issues,
25 including alternate corridors under pursuant to s. 403.5271,
26 raised by the department or other parties, no fee for the such
27 amendment shall be charged.
28 (3) A certification modification fee.
29 (a) If no corridor alignment change is proposed by the
30 licensee applicant, the modification fee shall be $4,000.
31
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1 (b) If a corridor alignment change is proposed by the
2 applicant, the fee shall be $1,000 for each mile of
3 realignment plus an amount not to exceed $10,000 to be fixed
4 by rule on a sliding scale based on the load-carrying
5 capability and configuration of the transmission line for use
6 in accordance with subsection (1) (2).
7 Section 22. Subsection (1) of section 403.537, Florida
8 Statutes, is amended to read:
9 403.537 Determination of need for transmission line;
10 powers and duties.--
11 (1)(a) Upon request by an applicant or upon its own
12 motion, the Florida Public Service Commission shall schedule a
13 public hearing, after notice, to determine the need for a
14 transmission line regulated by the Florida Electric
15 Transmission Line Siting Act, ss. 403.52-403.5365. The Such
16 notice shall be published at least 21 45 days before the date
17 set for the hearing and shall be published by the applicant in
18 at least one-quarter page size notice in newspapers of general
19 circulation, and the commission in the manner specified in
20 chapter 120 in the Florida Administrative Weekly, by giving
21 notice to counties and regional planning councils in whose
22 jurisdiction the transmission line could be placed, and by
23 giving notice to any persons who have requested to be placed
24 on the mailing list of the commission for this purpose.
25 Within 21 days after receipt of a request for determination by
26 an applicant, the commission shall set a date for the hearing.
27 The hearing shall be held pursuant to s. 350.01 within 45 days
28 after the filing of the request, and a decision shall be
29 rendered within 60 days after such filing.
30 (b) The commission shall be the sole forum in which to
31 determine the need for a transmission line. The need for a
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1 transmission line may not be raised or be the subject of
2 review in another proceeding.
3 (c)(b) In the determination of need, the commission
4 shall take into account the need for electric system
5 reliability and integrity, the need for abundant, low-cost
6 electrical energy to assure the economic well-being of the
7 residents citizens of this state, the appropriate starting and
8 ending point of the line, and other matters within its
9 jurisdiction deemed relevant to the determination of need. The
10 appropriate starting and ending points of the electric
11 transmission line must be verified by the commission in its
12 determination of need.
13 (d)(c) The determination by the commission of the need
14 for the transmission line, as defined in s. 403.522(22) s.
15 403.522(21), is binding on all parties to any certification
16 proceeding under pursuant to the Florida Electric Transmission
17 Line Siting Act and is a condition precedent to the conduct of
18 the certification hearing prescribed therein. An order
19 entered pursuant to this section constitutes final agency
20 action.
21 Section 23. Subsection (3) of section 373.441, Florida
22 Statutes, is amended to read:
23 373.441 Role of counties, municipalities, and local
24 pollution control programs in permit processing.--
25 (3) The department shall review environmental resource
26 permit applications for electrical distribution and
27 transmission lines and other facilities related to the
28 production, transmission, and distribution of electricity
29 which are not certified under ss. 403.52-403.5365, the Florida
30 Electric Transmission Line Siting Act, regulated under this
31 part.
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1 Section 24. Subsection (30) of section 403.061,
2 Florida Statutes, is amended to read:
3 403.061 Department; powers and duties.--The department
4 shall have the power and the duty to control and prohibit
5 pollution of air and water in accordance with the law and
6 rules adopted and promulgated by it and, for this purpose, to:
7 (30) Establish requirements by rule that reasonably
8 protect the public health and welfare from electric and
9 magnetic fields associated with existing 230 kV or greater
10 electrical transmission lines, new 230 kV and greater
11 electrical transmission lines for which an application for
12 certification under the Florida Electric Transmission Line
13 Siting Act, ss. 403.52-403.5365, is not filed, new or existing
14 electrical transmission or distribution lines with voltage
15 less than 230 kV, and substation facilities. Notwithstanding
16 any other provision in this chapter or any other law of this
17 state or political subdivision thereof, the department shall
18 have exclusive jurisdiction in the regulation of electric and
19 magnetic fields associated with all electrical transmission
20 and distribution lines and substation facilities. However,
21 nothing herein shall be construed as superseding or repealing
22 the provisions of s. 403.523(1) and (10).
23 Section 25. Paragraph (a) of subsection (3) of section
24 403.0876, Florida Statutes, is amended to read:
25 403.0876 Permits; processing.--
26 (3)(a) The department shall establish a special unit
27 for permit coordination and processing to provide expeditious
28 processing of department permits which the district offices
29 are unable to process expeditiously and to provide accelerated
30 processing of certain permits or renewals for economic and
31 operating stability. The ability of the department to process
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1 applications under pursuant to this subsection in a more
2 timely manner than allowed by subsections (1) and (2) is
3 dependent upon the timely exchange of information between the
4 applicant and the department and the intervention of outside
5 parties as allowed by law. An applicant may request the
6 processing of its permit application by the special unit if
7 the application is from an area of high unemployment or low
8 per capita income, is from a business or industry that is the
9 primary employer within an area's labor market, or is in an
10 industry with respect to which the complexities involved in
11 the review of the application require special skills uniquely
12 available in the headquarters office. The department may
13 require the applicant to waive the 90-day time limitation for
14 department issuance or denial of the permit once for a period
15 not to exceed 90 days. The department may require a special
16 fee to cover the direct cost of processing special
17 applications in addition to normal permit fees and costs. The
18 special fee may not exceed $10,000 per permit required.
19 Applications for renewal permits, but not applications for
20 initial permits, required for facilities pursuant to the
21 Electrical Power Plant Siting Act or the Florida Electric
22 Transmission Line Siting Act may be processed under this
23 subsection. Personnel staffing the special unit shall have
24 lengthy experience in permit processing.
25 Section 26. Paragraph (b) of subsection (3) of section
26 403.809, Florida Statutes, is amended to read:
27 403.809 Environmental districts; establishment;
28 managers; functions.--
29 (3)
30 (b) The processing of all applications for permits,
31 licenses, certificates, and exemptions shall be accomplished
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1 at the district center or the branch office, except for those
2 applications specifically assigned elsewhere in the department
3 under s. 403.805 or to the water management districts under s.
4 403.812 and those applications assigned by interagency
5 agreement as provided in this act. However, the secretary, as
6 head of the department, may not delegate to district or
7 subdistrict managers, water management districts, or any unit
8 of local government the authority to act on the following
9 types of permit applications:
10 1. Permits issued under s. 403.0885, except such
11 permit issuance may be delegated to district managers.
12 2. Construction of major air pollution sources.
13 3. Certifications under the Florida Electrical Power
14 Plant Siting Act or the Florida Electric Transmission Line
15 Siting Act and the associated permit issued under s. 403.0885,
16 if applicable.
17 4. Permits issued under s. 403.0885 to steam electric
18 generating facilities regulated pursuant to 40 C.F.R. part
19 423.
20 5. Permits issued under s. 378.901.
21 Section 27. Sections 403.5253 and 403.5369, Florida
22 Statutes, are repealed.
23 Section 28. This act shall take effect upon becoming a
24 law.
25
26
27
28
29
30
31
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1 *****************************************
2 SENATE SUMMARY
3 Revises the powers and duties of the Department of
Environmental Protection. Requires the department to
4 collect and process fees, to prepare a project impact
analysis, to act as clerk for the siting board, and to
5 administer and manage the terms and conditions of the
certification order and supporting documents and records.
6 Revises provisions for notice by an electric utility of
its intent to construct an exempted transmission line.
7 Provides for the powers and duties of the administrative
law judge designated by the Division of Administrative
8 Hearings to conduct required hearings. Revises
application procedures and schedules for certification.
9 Requires the department to prepare a proposed schedule of
dates for determination of completeness and other
10 significant dates to be followed during the certification
process. Requires the applicant to file a notice of
11 filing of the application. Revises timeframes and
procedures for determination of completeness of the
12 application. Requires the department to consult with
affected agencies. Requires the department to file a
13 statement of its determination of completeness with the
Division of Administrative Hearings, the applicant, and
14 all parties within a certain time after distribution of
the application. Revises requirements for the applicant
15 to file a statement with the department, the division,
and all parties, if the department determines the
16 application is not complete. Provides for the statement
to notify the department that the information will not be
17 provided. Revises criteria and procedures for preliminary
statements of issues, reports, and studies. Requires that
18 the preliminary statement of issues from each affected
agency be submitted to the department and the applicant.
19 Requires affected agencies to prepare a project impact
report. Provides for notice of any agency nonprocedural
20 requirements not listed in the application. Provides that
receipt of an affirmative determination of need is a
21 condition precedent to further processing of the
application. Requires the department to prepare a project
22 impact analysis to be filed with the administrative law
judge and served on all parties within a certain
23 timeframe. Revises provisions for notices and publication
of notices and for procedures at hearings. Requires that
24 certain notices be made in accordance with specified
requirements and within a certain timeframe. Authorizes
25 the administrative law judge to cancel the certification
hearing and relinquish jurisdiction to the department
26 upon request by the applicant or the department. Requires
the department and the applicant to publish notice of the
27 cancellation. Requires the parties to submit proposed
recommended orders to the department when the
28 certification hearing has been canceled. Revises
procedures, notices, and timeframes for consideration of
29 proposed alternate corridors. Provides for notice of the
filing of the alternate corridor and revised time
30 schedules. Requires the person proposing the alternate
corridor to provide all data to the agencies within a
31 certain timeframe. Provides for the department to
determine if the data is complete. Provides for
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1 withdrawal of the proposed alternate corridor if the data
is incomplete. Requires the agencies to file reports with
2 the applicant and department which address the proposed
alternate corridor. Requires the party proposing an
3 alternate corridor to have the burden of proof on the
certifiability of the alternate corridor. Revises the
4 procedures for the informational public meetings. Revises
the provisions for amending the application before
5 certification. Provides that a comprehensive application
encompassing more than one proposed transmission line may
6 be good cause for altering established time limits.
Revises provisions for final disposition of the
7 application by the siting board. Requires the applicant
to file notice of a certified corridor route with the
8 department. Revises the circumstances under which a
certification may be modified after the certification has
9 been issued. Provides procedures for changes proposed by
the licensee after certification. Requires the department
10 to determine within a certain time if the proposed change
requires modification of the conditions of certification.
11 Requires publication of certain notices by the applicant,
the proponent of an alternate corridor, and the
12 department. Provides for application fees and the
distribution of fees collected. Revises procedures for
13 reimbursement of local governments and regional planning
organizations. Provides that the Public Service
14 Commission is the only forum in which to determine the
need for a transmission line. (See bill for details.)
15
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57
CODING: Words stricken are deletions; words underlined are additions.