| 1 | The Utilities & Telecommunications Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to electrical transmission and |
| 8 | distribution; creating s. 163.3208, F.S.; providing |
| 9 | legislative intent; providing criteria for adoption and |
| 10 | enforcement by a local government of land development |
| 11 | regulations for new electrical substations; providing that |
| 12 | new substations are a permittable use in all land use |
| 13 | categories and zoning districts within a utility's service |
| 14 | territory; providing for exceptions; providing standards |
| 15 | which apply if a local government does not adopt |
| 16 | reasonable standards for substation siting; providing for |
| 17 | application of certain local siting standards to |
| 18 | applications received after public notice of the adoption |
| 19 | of those standards; providing a timeframe and procedures |
| 20 | for a local government to approve or deny an application |
| 21 | for an electrical substation; providing that the |
| 22 | application is deemed approved if not acted on within the |
| 23 | timeframe; providing for application to a land use, |
| 24 | conditional use, or special-exception review of an |
| 25 | electrical substation; providing for public input; |
| 26 | creating s. 163.3209, F.S.; prohibiting local governments |
| 27 | from requiring any permits or approvals for certain |
| 28 | vegetation maintenance in an established electrical |
| 29 | transmission or distribution line right-of-way; providing |
| 30 | for a utility to give notice to the local government |
| 31 | before conducting such vegetation-maintenance activities; |
| 32 | providing for exceptions; requiring the utility to provide |
| 33 | its vegetation-maintenance plan to the local government |
| 34 | and discuss it with the local government; specifying |
| 35 | standards for vegetation maintenance; providing for |
| 36 | supervision of vegetation management activities; limiting |
| 37 | the height and space of vegetation that may be required by |
| 38 | a local government in an established right-of-way; |
| 39 | providing for application of specified requirements to |
| 40 | certain lines; providing for application to local |
| 41 | franchise authority and removal of certain trees; creating |
| 42 | s. 186.0201, F.S.; requiring electric utilities to notify |
| 43 | the regional planning council of plans to site electrical |
| 44 | substations; requiring the plans be included in the |
| 45 | regional planning council's annual report; providing an |
| 46 | effective date. |
| 47 |
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| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
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| 50 | Section 1. Section 163.3208, Florida Statutes, is created |
| 51 | to read: |
| 52 | 163.3208 Substation approval process.-- |
| 53 | (1) It is the intent of the Legislature to maintain, |
| 54 | encourage, and ensure adequate and reliable electrical |
| 55 | infrastructure in the state. It is essential that electrical |
| 56 | infrastructure be constructed and maintained in various |
| 57 | locations in order to ensure the efficient and reliable delivery |
| 58 | of electric service. |
| 59 | (2) Electrical substations are a critical component of |
| 60 | electrical transmission and distribution. Local governments may |
| 61 | adopt and enforce reasonable land development regulations for |
| 62 | new substations addressing only setback, landscaping, buffering, |
| 63 | screening, and other aesthetic compatibility-based standards. |
| 64 | Vegetated buffers or screening beneath aerial access points to |
| 65 | the substation equipment may not be required to have a mature |
| 66 | height in excess of 14 feet. New substations shall be a |
| 67 | permittable use in all land use categories in the applicable |
| 68 | local government comprehensive plan and in zoning districts |
| 69 | within the service territory of a utility, except those |
| 70 | designated as preservation or conservation land on the future |
| 71 | land use map or in a duly adopted ordinance. If a local |
| 72 | government has not adopted reasonable standards for substation |
| 73 | siting in accordance with applicable adoption procedures, |
| 74 | including public hearings, the following standards apply: |
| 75 | (a) In nonresidential areas, the substation must comply |
| 76 | with the criteria for a setback and landscaped buffer area which |
| 77 | apply to other similar uses in that district. |
| 78 | (b) In residential areas, a setback of up to 100 feet |
| 79 | between the property boundary of the substation and permanent |
| 80 | equipment structures must be maintained as follows: |
| 81 | 1. For setbacks between 100 feet and 50 feet, a landscaped |
| 82 | area having native trees and shrub material with a security |
| 83 | fence around the substation equipment must be installed, |
| 84 | creating an open green-space area. |
| 85 | 2. For setbacks between 25 feet and 49 feet, a buffer wall |
| 86 | 8 feet high or a fence 8 feet high with native landscaping must |
| 87 | be installed around the substation. |
| 88 | 3. For setbacks of less than 25 feet, a decorative wall or |
| 89 | facade at least 10 feet in height with exterior native |
| 90 | landscaping must be installed around the substation. |
| 91 | (3) Standards for the siting of a substation that are |
| 92 | adopted after the effective date of this act do not apply to |
| 93 | applications for an electrical utility substation that were |
| 94 | submitted prior to notice of the adoption hearing by the local |
| 95 | government. |
| 96 | (4)(a) If a local government has adopted standards for the |
| 97 | siting of electrical substations within any of the land use and |
| 98 | zoning districts of the local government, the local government |
| 99 | shall approve or deny a properly completed application for a |
| 100 | permit to locate an electrical substation within the land use |
| 101 | and zoning district within 60 business days after the date the |
| 102 | properly completed application is declared complete in |
| 103 | accordance with the application procedures of the local |
| 104 | government, if issuance of such permit does not relieve the |
| 105 | applicant from complying with applicable federal or state laws |
| 106 | or rules and applicable local land development or building |
| 107 | rules. If the local government fails to approve or deny a |
| 108 | properly completed application for an electrical substation |
| 109 | within the timeframes set forth, the application shall be deemed |
| 110 | automatically approved and the applicant may proceed with |
| 111 | construction consistent with its application without |
| 112 | interference or penalty. |
| 113 | (b) The local government shall notify the permit applicant |
| 114 | within 30 business days after the date the application is |
| 115 | submitted as to whether the application is, for administrative |
| 116 | purposes only, properly completed and has been properly |
| 117 | submitted. Further determinations of completeness shall be |
| 118 | provided within 15 days after the receipt of additional |
| 119 | information. However, such determination is not deemed an |
| 120 | approval of the application. |
| 121 | (5) This section does not affect the applicability and |
| 122 | enforceability of any existing local regulatory land use |
| 123 | procedures for conditional use or special exceptions that |
| 124 | provide for public input in a workshop or informational format |
| 125 | if the procedures are in effect as of the effective date of this |
| 126 | section. However, in a land use, conditional use, or special- |
| 127 | exception review of an electrical substation, the local |
| 128 | government is limited to imposing those standards and conditions |
| 129 | previously adopted under subsection (2), and public input may be |
| 130 | provided in a workshop or informational format. |
| 131 | Section 2. Section 163.3209, Florida Statutes, is created |
| 132 | to read: |
| 133 | 163.3209 Electrical transmission and distribution line |
| 134 | right-of-way maintenance.--After a right-of-way for any |
| 135 | electrical transmission or distribution line has been |
| 136 | established and constructed, a local government may not require |
| 137 | any permits or other approvals for vegetation maintenance and |
| 138 | tree pruning or trimming within the established right-of-way. |
| 139 | Before conducting vegetation-maintenance activities within an |
| 140 | established right-of-way, the utility shall provide the local |
| 141 | government with a minimum of 5 days' advance notice, except in |
| 142 | emergencies or when required to restore electric service. Upon |
| 143 | the request of the local government, the electric utility shall |
| 144 | meet with the local government to discuss and submit the |
| 145 | utility's vegetation-maintenance plan, including the utility's |
| 146 | trimming specifications and maintenance practices. Vegetation |
| 147 | maintenance shall conform to ANSI A300 (Part I)--2001 pruning |
| 148 | standards and ANSI Z133.1-2000 Pruning, Repairing, Maintaining, |
| 149 | and Removing Trees, and Cutting Brush--Safety Requirements. |
| 150 | Vegetation management conducted by utilities must be supervised |
| 151 | by qualified personnel from the electric utility or licensed |
| 152 | contractors under control of the utility or by certified |
| 153 | arborists certified by the International Society of |
| 154 | Arboriculture. A local government may not adopt an ordinance or |
| 155 | land development regulation that requires the planting of a tree |
| 156 | or other vegetation that will achieve a height greater than 14 |
| 157 | feet in an established right-of-way for an electric utility or |
| 158 | intrude from the side closer than the clearance distance |
| 159 | specified in Table 2 of ANSI Z133.1-2000. For lines affected by |
| 160 | the North American Electric Reliability Council Standard, FAC |
| 161 | 003.1 requirement R1.2 applies. This section does not supersede |
| 162 | or nullify the terms of specific franchise agreements between an |
| 163 | electric utility and a local government and may not be construed |
| 164 | to limit the franchising authority of a local government. This |
| 165 | section does not supersede local government ordinances or rules |
| 166 | governing removal of specimen trees, historical trees, or trees |
| 167 | within canopy road protection areas. |
| 168 | Section 3. Section 186.0201, Florida Statutes, is created |
| 169 | to read: |
| 170 | 186.0201 Electrical substation planning.--Electrical |
| 171 | utility substations respond to development, and consequently |
| 172 | siting locations cannot be precisely planned years in advance. |
| 173 | On or before June 1 of every year after the effective date of |
| 174 | this act, the electric utilities having service areas within |
| 175 | each regional planning council shall notify the regional |
| 176 | planning council of the utilities' current plans over a 3-year |
| 177 | period to site electrical substations within the local |
| 178 | governments contained within each region. This information is |
| 179 | advisory and must be included in the annual report of the |
| 180 | regional planning council prepared pursuant to s. 186.513. |
| 181 | Section 4. This act shall take effect upon becoming a law. |