HB 0431CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to electric transmission and distribution;
7creating s. 163.3208, F.S.; providing legislative intent;
8defining the term "distribution electric substation";
9providing criteria for adoption and enforcement by a local
10government of land development regulations for new
11electric substations; providing that new substations are a
12permitted use in all land use categories and zoning
13districts within a utility's service territory; providing
14for exceptions; providing standards which apply if a local
15government does not adopt reasonable standards for
16substation siting; providing for approval of an
17application for development of a proposed distribution
18electric substation when the application demonstrates that
19the design is consistent with the local government's
20applicable standards; providing alternative procedures for
21site approval; providing for application of certain local
22siting standards to applications received after public
23notice of the adoption hearing on those standards;
24providing a timeframe and procedures for a local
25government to approve or deny an application for an
26electric substation; providing that the application is
27deemed approved if not acted on within the timeframe;
28providing for waiver of timeframes; authorizing the local
29government to establish timeframes for certain required
30information to be furnished; creating s. 163.3209, F.S.;
31prohibiting local governments from requiring any permits
32or approvals for certain vegetation maintenance in an
33established electric transmission or distribution line
34right-of-way; defining the term "vegetation maintenance
35and tree pruning or trimming"; providing for a utility to
36give notice to the local government before conducting such
37vegetation-maintenance activities; providing for
38exceptions; requiring the utility to provide its
39vegetation-maintenance plan to the local government and
40discuss it with the local government; specifying standards
41for vegetation maintenance and tree pruning or trimming
42conducted by utilities; providing for supervision of
43vegetation maintenance and tree pruning or trimming
44activities; limiting the height and clearance distance of
45vegetation that may be required by a local government in
46an established right-of-way of certain lines; providing
47for application and construction with respect to local
48franchise authority and ordinances or regulations
49governing planting, pruning, trimming, or removal of
50certain trees; providing for application when a local
51government adopts a described plan for vegetation
52maintenance, tree pruning, tree removal, and tree trimming
53within established rights-of-way; providing that
54vegetation maintenance costs be considered recoverable;
55creating s. 186.0201, F.S.; requiring electric utilities
56to notify the regional planning council of plans to site
57electric substations; providing for content of the
58notification; requiring that the information be included
59in the regional planning council's annual report and
60supplied to local governments under certain conditions;
61amending s. 186.513, F.S.; correcting a reference to a
62specified agency; providing for application to the Florida
63Electrical Power Plant Siting Act; providing an effective
64date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Section 163.3208, Florida Statutes, is created
69to read:
70     163.3208  Substation approval process.--
71     (1)  It is the intent of the Legislature to maintain,
72encourage, and ensure adequate and reliable electric
73infrastructure in the state. It is essential that electric
74infrastructure be constructed and maintained in various
75locations in order to ensure the efficient and reliable delivery
76of electric service. Electric infrastructure should be
77constructed, to the maximum extent practicable, to achieve
78compatibility with adjacent and surrounding land uses and the
79criteria included in this section are intended to balance the
80need for electricity with land use compatibility.
81     (2)  The term "distribution electric substation" means an
82electric substation which takes electricity from the
83transmission grid and converts it to a lower voltage so it can
84be distributed to customers in the local area on the local
85distribution grid through one or more distribution lines less
86than 69 kilovolts in size.
87     (3)  Electric substations are a critical component of
88electric transmission and distribution. Local governments may
89adopt and enforce reasonable land development regulations for
90new distribution electric substations addressing only setback,
91landscaping, buffering, screening, lighting, and other aesthetic
92compatibility-based standards. Vegetated buffers or screening
93beneath aerial access points to the substation equipment shall
94not be required to have a mature height in excess of 14 feet.
95     (4)  New distribution electric substations shall be a
96permitted use in all land use categories in the applicable local
97government comprehensive plan and zoning districts within a
98utility's service territory except those designated as
99preservation, conservation, or historic preservation on the
100future land use map or duly adopted ordinance. If a local
101government has not adopted reasonable standards for substation
102siting in accordance with subsection (3), the following
103standards shall apply to new distribution electric substations:
104     (a)  In nonresidential areas, the substation must comply
105with the setback and landscaped buffer area criteria applicable
106to other similar uses in that district, if any.
107     (b)  Unless the local government approves a lesser setback
108or landscape requirement, in residential areas, a setback of up
109to 100 feet between the substation property boundary and
110permanent equipment structures shall be maintained as follows:
111     1.  For setbacks between 100 feet and 50 feet, an open
112green space shall be formed by installing native landscaping,
113including trees and shrub material, consistent with the relevant
114local government's land development regulations. Substation
115equipment shall be protected by a security fence consistent with
116the relevant local government's land development regulations.
117     2.  For setbacks of less than 50 feet, a buffer wall 8 feet
118high or a fence 8 feet high with native landscaping consistent
119with the relevant local government's regulations shall be
120installed around the substation.
121     (5)  If the application for a proposed distribution
122electric substation demonstrates that the substation design is
123consistent with the local government's applicable setback,
124landscaping, buffering, screening, and other aesthetic
125compatibility-based standards, the application for development
126approval for the substation shall be approved.
127     (6)(a)  This paragraph may apply to the proposed placement
128or construction of a new distribution electric substation within
129a residential area. Prior to submitting an application for the
130location of a new distribution electric substation in
131residential areas, the utility shall consult with the local
132government regarding the selection of a site. The utility shall
133provide information regarding the utility's preferred site and
134as many as three alternative available sites, including sites
135within nonresidential areas, that are technically and
136electrically reasonable for the load to be served, if the local
137government deems that the siting of a new distribution electric
138substation warrants this additional review and consideration.
139The final determination on the site application as to the
140preferred and alternative sites shall be made solely by the
141local government within 90 days of presentation of all the
142necessary and required information on the preferred site and on
143the alternative sites. In the event the utility and the local
144government are unable to reach agreement on an appropriate
145location, the substation site selection shall be submitted to
146mediation conducted pursuant to ss. 44.401-44.406, unless
147otherwise agreed to in writing by the parties, and the mediation
148shall be concluded within 30 days unless extended by written
149agreement of the parties. The 90-day time period for the local
150government to render a final decision on the site application is
151tolled from the date a notice of intent to mediate the site
152selection issue is served on the utility or local government,
153until the mediation is concluded, terminated, or an impasse is
154declared. The local government and utility may agree to waive or
155extend this 90-day time period. Upon rendition of a final
156decision of the local government, a person may pursue available
157legal remedies in accordance with law and the matter shall be
158considered on an expedited basis.
159     (b)  A local government's land development and construction
160regulations for electrical distribution substations and the
161local government's review of an application for the placement or
162construction of a new electrical substation shall only address
163land development, zoning, or aesthetic compatibility-based
164issues. In such local government regulations or review, a local
165government may not require information or evaluate a utility's
166business decisions about its service, customer demand for its
167service, or quality of its service to or from a particular area
168or site, unless the utility voluntarily offers this information
169to the local government.
170     (7)  Substation siting standards adopted after the
171effective date of this act shall not apply to electric utility
172substation applications that were submitted prior to the notice
173of the local government's adoption hearing.
174     (8)(a)  If a local government has adopted standards for the
175siting of electric substations within any of the local
176government's land use categories or zoning districts, the local
177government shall grant or deny a properly completed application
178for a permit to locate an electric substation within the land
179use category or zoning district within 90 days after the date
180the properly completed application is declared complete in
181accordance with the applicable local government application
182procedures. If the local government fails to approve or deny a
183properly completed application for an electric substation within
184the timeframes set forth, the application shall be deemed
185automatically approved and the applicant may proceed with
186construction consistent with its application without
187interference or penalty. Issuance of such local permit does not
188relieve the applicant from complying with applicable federal or
189state laws or regulations and other applicable local land
190development or building regulations, if any.
191     (b)  The local government shall notify the permit applicant
192within 30 days after the date the application is submitted as to
193whether the application is, for administrative purposes only,
194properly completed and has been properly submitted. Further
195completeness determinations shall be provided within 15 days
196after the receipt of additional information. However, such
197determination shall not be not deemed an approval of the
198application.
199     (c)  To be effective, a waiver of the timeframes set forth
200in this subsection must be voluntarily agreed to by the utility
201applicant and the local government. A local government may
202request, but not require, a waiver of the timeframes by the
203applicant, except that, with respect to a specific application,
204a one-time waiver may be required in the case of a declared
205local, state, or federal emergency that directly affects the
206administration of all permitting activities of the local
207government.
208     (d)  The local government may establish reasonable
209timeframes within which the required information to cure the
210application deficiency is to be provided or the application will
211be considered withdrawn or closed.
212     Section 2.  Section 163.3209, Florida Statutes, is created
213to read:
214     163.3209  Electric transmission and distribution line
215right-of-way maintenance.--After a right-of-way for any electric
216transmission or distribution line has been established and
217constructed, no local government shall require or apply any
218permits or other approvals or code provisions for or related to
219vegetation maintenance and tree pruning or trimming within the
220established right-of-way. The term "vegetation maintenance and
221tree pruning or trimming" means the mowing of vegetation within
222the right-of-way, removal of trees or brush within the right-of-
223way, and selective removal of tree branches that extend within
224the right-of-way. The provisions of this section do not include
225the removal of trees outside the right-of-way, which may be
226allowed in compliance with applicable local ordinances. Prior to
227conducting scheduled routine vegetation maintenance and tree
228pruning or trimming activities within an established right-of-
229way, the utility shall provide the official designated by the
230local government with a minimum of 5 business days' advance
231notice. Such advance notice is not required for vegetation
232maintenance and tree pruning or trimming required to restore
233electric service or to avoid an imminent vegetation-caused
234outage or when performed at the request of the property owner
235adjacent to the right-of-way, provided that the owner has
236approval of the local government, if needed. Upon the request of
237the local government, the electric utility shall meet with the
238local government to discuss and submit the utility's vegetation
239maintenance plan, including the utility's trimming
240specifications and maintenance practices. Vegetation maintenance
241and tree pruning or trimming conducted by utilities shall
242conform to ANSI A300 (Part I)--2001 pruning standards and ANSI
243Z133.1-2000 Pruning, Repairing, Maintaining, and Removing Trees,
244and Cutting Brush--Safety Requirements. Vegetation maintenance
245and tree pruning or trimming conducted by utilities must be
246supervised by qualified electric utility personnel or licensed
247contractors trained to conduct vegetation maintenance and tree
248trimming or pruning consistent with this section or by Certified
249Arborists certified by the Certification Program of the
250International Society of Arboriculture. A local government shall
251not adopt an ordinance or land development regulation that
252requires the planting of a tree or other vegetation that will
253achieve a height greater than 14 feet in an established electric
254utility right-of-way or intrude from the side closer than the
255clearance distance specified in Table 2 of ANSI Z133.1-2000 for
256lines affected by the North American Electric Reliability
257Council Standard, FAC 003.1 requirement R1.2. This section does
258not supersede or nullify the terms of specific franchise
259agreements between an electric utility and a local government
260and shall not be construed to limit a local government's
261franchising authority. This section does not supersede local
262government ordinances or regulations governing planting,
263pruning, trimming, or removal of specimen trees or historical
264trees, as defined in a local government's ordinances or
265regulations, or trees within designated canopied protection
266areas. This section shall not apply if a local government
267develops, with input from the utility, and the local government
268adopts, a written plan specifically for vegetation maintenance,
269tree pruning, tree removal, and tree trimming by the utility
270within the local government's established rights-of-way and the
271plan is not inconsistent with the minimum requirements of the
272National Electrical Safety Code as adopted by the Public Service
273Commission. Provided, however, such a plan shall not require the
274planting of a tree or other vegetation that will achieve a
275height greater than 14 feet in an established electric right-of-
276way. Vegetation maintenance costs shall be considered
277recoverable costs.
278     Section 3.  Section 186.0201, Florida Statutes, is created
279to read:
280     186.0201  Electric substation planning.--Electric utility
281substations respond to development and, consequently, siting
282locations cannot be precisely planned years in advance.
283Nevertheless, on or before June 1 of every year after the
284effective date of this act, the electric utilities with service
285areas within each regional planning council shall notify the
286regional planning council of the utilities' current plans over a
2875-year period to site electric substations within the local
288governments contained within each region, including an
289identification of whether each electric substation planned
290within a general area is a distribution or transmission electric
291substation, a listing of the proposed substations' site acreage
292needs and anticipated capacity, and maps showing general
293locations of the planned electric substations. This information
294is advisory, shall be included in the regional planning
295council's annual report prepared pursuant to s. 186.513, and
296shall be supplied directly to local governments requesting the
297information.
298     Section 4.  Section 186.513, Florida Statutes, is amended
299to read:
300     186.513  Reports.--Each regional planning council shall
301prepare and furnish an annual report on its activities to the
302state land planning agency as defined in s. 163.3164(20)
303department and the local general-purpose governments within its
304boundaries and, upon payment as may be established by the
305council, to any interested person. The regional planning
306councils shall make a joint report and recommendations to
307appropriate legislative committees.
308     Section 5.  Nothing in this act is intended to supersede
309the provisions of part II of chapter 403, Florida Statutes.
310     Section 6.  This act shall take effect upon becoming a law.


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