HB 0431CS

CHAMBER ACTION




1The Utilities & Telecommunications Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to electrical transmission and
8distribution; creating s. 163.3208, F.S.; providing
9legislative intent; providing criteria for adoption and
10enforcement by a local government of land development
11regulations for new electrical substations; providing that
12new substations are a permittable use in all land use
13categories and zoning districts within a utility's service
14territory; providing for exceptions; providing standards
15which apply if a local government does not adopt
16reasonable standards for substation siting; providing for
17application of certain local siting standards to
18applications received after public notice of the adoption
19of those standards; providing a timeframe and procedures
20for a local government to approve or deny an application
21for an electrical substation; providing that the
22application is deemed approved if not acted on within the
23timeframe; providing for application to a land use,
24conditional use, or special-exception review of an
25electrical substation; providing for public input;
26creating s. 163.3209, F.S.; prohibiting local governments
27from requiring any permits or approvals for certain
28vegetation maintenance in an established electrical
29transmission or distribution line right-of-way; providing
30for a utility to give notice to the local government
31before conducting such vegetation-maintenance activities;
32providing for exceptions; requiring the utility to provide
33its vegetation-maintenance plan to the local government
34and discuss it with the local government; specifying
35standards for vegetation maintenance; providing for
36supervision of vegetation management activities; limiting
37the height and space of vegetation that may be required by
38a local government in an established right-of-way;
39providing for application of specified requirements to
40certain lines; providing for application to local
41franchise authority and removal of certain trees; creating
42s. 186.0201, F.S.; requiring electric utilities to notify
43the regional planning council of plans to site electrical
44substations; requiring the plans be included in the
45regional planning council's annual report; providing an
46effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Section 163.3208, Florida Statutes, is created
51to read:
52     163.3208  Substation approval process.--
53     (1)  It is the intent of the Legislature to maintain,
54encourage, and ensure adequate and reliable electrical
55infrastructure in the state. It is essential that electrical
56infrastructure be constructed and maintained in various
57locations in order to ensure the efficient and reliable delivery
58of electric service.
59     (2)  Electrical substations are a critical component of
60electrical transmission and distribution. Local governments may
61adopt and enforce reasonable land development regulations for
62new substations addressing only setback, landscaping, buffering,
63screening, and other aesthetic compatibility-based standards.
64Vegetated buffers or screening beneath aerial access points to
65the substation equipment may not be required to have a mature
66height in excess of 14 feet. New substations shall be a
67permittable use in all land use categories in the applicable
68local government comprehensive plan and in zoning districts
69within the service territory of a utility, except those
70designated as preservation or conservation land on the future
71land use map or in a duly adopted ordinance. If a local
72government has not adopted reasonable standards for substation
73siting in accordance with applicable adoption procedures,
74including public hearings, the following standards apply:
75     (a)  In nonresidential areas, the substation must comply
76with the criteria for a setback and landscaped buffer area which
77apply to other similar uses in that district.
78     (b)  In residential areas, a setback of up to 100 feet
79between the property boundary of the substation and permanent
80equipment structures must be maintained as follows:
81     1.  For setbacks between 100 feet and 50 feet, a landscaped
82area having native trees and shrub material with a security
83fence around the substation equipment must be installed,
84creating an open green-space area.
85     2.  For setbacks between 25 feet and 49 feet, a buffer wall
868 feet high or a fence 8 feet high with native landscaping must
87be installed around the substation.
88     3.  For setbacks of less than 25 feet, a decorative wall or
89facade at least 10 feet in height with exterior native
90landscaping must be installed around the substation.
91     (3)  Standards for the siting of a substation that are
92adopted after the effective date of this act do not apply to
93applications for an electrical utility substation that were
94submitted prior to notice of the adoption hearing by the local
95government.
96     (4)(a)  If a local government has adopted standards for the
97siting of electrical substations within any of the land use and
98zoning districts of the local government, the local government
99shall approve or deny a properly completed application for a
100permit to locate an electrical substation within the land use
101and zoning district within 60 business days after the date the
102properly completed application is declared complete in
103accordance with the application procedures of the local
104government, if issuance of such permit does not relieve the
105applicant from complying with applicable federal or state laws
106or rules and applicable local land development or building
107rules. If the local government fails to approve or deny a
108properly completed application for an electrical substation
109within the timeframes set forth, the application shall be deemed
110automatically approved and the applicant may proceed with
111construction consistent with its application without
112interference or penalty.
113     (b)  The local government shall notify the permit applicant
114within 30 business days after the date the application is
115submitted as to whether the application is, for administrative
116purposes only, properly completed and has been properly
117submitted. Further determinations of completeness shall be
118provided within 15 days after the receipt of additional
119information. However, such determination is not deemed an
120approval of the application.
121     (5)  This section does not affect the applicability and
122enforceability of any existing local regulatory land use
123procedures for conditional use or special exceptions that
124provide for public input in a workshop or informational format
125if the procedures are in effect as of the effective date of this
126section. However, in a land use, conditional use, or special-
127exception review of an electrical substation, the local
128government is limited to imposing those standards and conditions
129previously adopted under subsection (2), and public input may be
130provided in a workshop or informational format.
131     Section 2.  Section 163.3209, Florida Statutes, is created
132to read:
133     163.3209  Electrical transmission and distribution line
134right-of-way maintenance.--After a right-of-way for any
135electrical transmission or distribution line has been
136established and constructed, a local government may not require
137any permits or other approvals for vegetation maintenance and
138tree pruning or trimming within the established right-of-way.
139Before conducting vegetation-maintenance activities within an
140established right-of-way, the utility shall provide the local
141government with a minimum of 5 days' advance notice, except in
142emergencies or when required to restore electric service. Upon
143the request of the local government, the electric utility shall
144meet with the local government to discuss and submit the
145utility's vegetation-maintenance plan, including the utility's
146trimming specifications and maintenance practices. Vegetation
147maintenance shall conform to ANSI A300 (Part I)--2001 pruning
148standards and ANSI Z133.1-2000 Pruning, Repairing, Maintaining,
149and Removing Trees, and Cutting Brush--Safety Requirements.
150Vegetation management conducted by utilities must be supervised
151by qualified personnel from the electric utility or licensed
152contractors under control of the utility or by certified
153arborists certified by the International Society of
154Arboriculture. A local government may not adopt an ordinance or
155land development regulation that requires the planting of a tree
156or other vegetation that will achieve a height greater than 14
157feet in an established right-of-way for an electric utility or
158intrude from the side closer than the clearance distance
159specified in Table 2 of ANSI Z133.1-2000. For lines affected by
160the North American Electric Reliability Council Standard, FAC
161003.1 requirement R1.2 applies. This section does not supersede
162or nullify the terms of specific franchise agreements between an
163electric utility and a local government and may not be construed
164to limit the franchising authority of a local government. This
165section does not supersede local government ordinances or rules
166governing removal of specimen trees, historical trees, or trees
167within canopy road protection areas.
168     Section 3.  Section 186.0201, Florida Statutes, is created
169to read:
170     186.0201  Electrical substation planning.--Electrical
171utility substations respond to development, and consequently
172siting locations cannot be precisely planned years in advance.
173On or before June 1 of every year after the effective date of
174this act, the electric utilities having service areas within
175each regional planning council shall notify the regional
176planning council of the utilities' current plans over a 3-year
177period to site electrical substations within the local
178governments contained within each region. This information is
179advisory and must be included in the annual report of the
180regional planning council prepared pursuant to s. 186.513.
181     Section 4.  This act shall take effect upon becoming a law.


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