HB 0431CS

CHAMBER ACTION



1The Commerce Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to electric transmission and distribution;
8creating s. 163.3208, F.S.; providing legislative intent;
9defining the term "distribution electric substation";
10providing criteria for adoption and enforcement by a local
11government of land development regulations for new
12electric substations; providing that new distribution
13electric substations are a permitted use in all land use
14categories and zoning districts within a utility's service
15territory; providing for exceptions; providing standards
16which apply if a local government does not adopt
17reasonable standards for substation siting; providing for
18approval of an application for development of a proposed
19distribution electric substation when the application
20demonstrates that the design is consistent with the local
21government's applicable standards; providing alternative
22procedures for site approval; providing for application of
23certain local siting standards to applications received
24after public notice of the adoption hearing on those
25standards; providing a timeframe and procedures for a
26local government to approve or deny an application for a
27permit to locate a new distribution electric substation
28within any of the local government's land use categories
29or zoning districts; providing that the application is
30deemed approved if not acted on within the timeframe;
31providing for waiver of timeframes; authorizing the local
32government to establish timeframes for certain required
33information to be furnished; creating s. 163.3209, F.S.;
34prohibiting local governments from requiring any permits
35or approvals for certain vegetation maintenance in an
36established electric transmission or distribution line
37right-of-way; defining the term "vegetation maintenance
38and tree pruning or trimming"; providing for a utility to
39give notice to the local government before conducting such
40vegetation-maintenance activities; providing for
41exceptions; requiring the utility to provide its
42vegetation-maintenance plan to the local government and
43discuss it with the local government; specifying standards
44for vegetation maintenance and tree pruning or trimming
45conducted by utilities; providing for supervision of
46vegetation maintenance and tree pruning or trimming
47activities; limiting the height and clearance distance of
48vegetation that may be required by a local government in
49an established right-of-way of certain lines; providing
50for application and construction with respect to local
51franchise authority and ordinances or regulations
52governing planting, pruning, trimming, or removal of
53certain trees; providing for application when a local
54government adopts a described plan for vegetation
55maintenance, tree pruning, tree removal, and tree trimming
56within established rights-of-way; providing that
57vegetation maintenance costs be considered recoverable;
58creating s. 186.0201, F.S.; requiring electric utilities
59to notify the regional planning council of plans to site
60electric substations; providing for content of the
61notification; requiring that the information be included
62in the regional planning council's annual report and
63supplied to local governments under certain conditions;
64amending s. 186.513, F.S.; correcting a reference to a
65specified agency; providing for application to the Florida
66Electrical Power Plant Siting Act; providing an effective
67date.
68
69Be It Enacted by the Legislature of the State of Florida:
70
71     Section 1.  Section 163.3208, Florida Statutes, is created
72to read:
73     163.3208  Substation approval process.--
74     (1)  It is the intent of the Legislature to maintain,
75encourage, and ensure adequate and reliable electric
76infrastructure in the state. It is essential that electric
77infrastructure be constructed and maintained in various
78locations in order to ensure the efficient and reliable delivery
79of electric service. Electric infrastructure should be
80constructed, to the maximum extent practicable, to achieve
81compatibility with adjacent and surrounding land uses and the
82criteria included in this section are intended to balance the
83need for electricity with land use compatibility.
84     (2)  The term "distribution electric substation" means an
85electric substation which takes electricity from the
86transmission grid and converts it to a lower voltage so it can
87be distributed to customers in the local area on the local
88distribution grid through one or more distribution lines less
89than 69 kilovolts in size.
90     (3)  Electric substations are a critical component of
91electric transmission and distribution. Local governments may
92adopt and enforce reasonable land development regulations for
93new distribution electric substations addressing only setback,
94landscaping, buffering, screening, lighting, and other aesthetic
95compatibility-based standards. Vegetated buffers or screening
96beneath aerial access points to the substation equipment shall
97not be required to have a mature height in excess of 14 feet.
98     (4)  New distribution electric substations shall be a
99permitted use in all land use categories in the applicable local
100government comprehensive plan and zoning districts within a
101utility's service territory except those designated as
102preservation, conservation, or historic preservation on the
103future land use map or duly adopted ordinance. If a local
104government has not adopted reasonable standards for substation
105siting in accordance with subsection (3), the following
106standards shall apply to new distribution electric substations:
107     (a)  In nonresidential areas, the substation must comply
108with the setback and landscaped buffer area criteria applicable
109to other similar uses in that district, if any.
110     (b)  Unless the local government approves a lesser setback
111or landscape requirement, in residential areas, a setback of up
112to 100 feet between the substation property boundary and
113permanent equipment structures shall be maintained as follows:
114     1.  For setbacks between 100 feet and 50 feet, an open
115green space shall be formed by installing native landscaping,
116including trees and shrub material, consistent with the relevant
117local government's land development regulations. Substation
118equipment shall be protected by a security fence consistent with
119the relevant local government's land development regulations.
120     2.  For setbacks of less than 50 feet, a buffer wall 8 feet
121high or a fence 8 feet high with native landscaping consistent
122with the relevant local government's regulations shall be
123installed around the substation.
124     (5)  If the application for a proposed distribution
125electric substation demonstrates that the substation design is
126consistent with the local government's applicable setback,
127landscaping, buffering, screening, and other aesthetic
128compatibility-based standards, the application for development
129approval for the substation shall be approved.
130     (6)(a)  This paragraph may apply to the proposed placement
131or construction of a new distribution electric substation within
132a residential area. Prior to submitting an application for the
133location of a new distribution electric substation in
134residential areas, the utility shall consult with the local
135government regarding the selection of a site. The utility shall
136provide information regarding the utility's preferred site and
137as many as three alternative available sites, including sites
138within nonresidential areas, that are technically and
139electrically reasonable for the load to be served, if the local
140government deems that the siting of a new distribution electric
141substation warrants this additional review and consideration.
142The final determination on the site application as to the
143preferred and alternative sites shall be made solely by the
144local government within 90 days of presentation of all the
145necessary and required information on the preferred site and on
146the alternative sites. In the event the utility and the local
147government are unable to reach agreement on an appropriate
148location, the substation site selection shall be submitted to
149mediation conducted pursuant to ss. 44.401-44.406, unless
150otherwise agreed to in writing by the parties, and the mediation
151shall be concluded within 30 days unless extended by written
152agreement of the parties. The 90-day time period for the local
153government to render a final decision on the site application is
154tolled from the date a notice of intent to mediate the site
155selection issue is served on the utility or local government,
156until the mediation is concluded, terminated, or an impasse is
157declared. The local government and utility may agree to waive or
158extend this 90-day time period. Upon rendition of a final
159decision of the local government, a person may pursue available
160legal remedies in accordance with law and the matter shall be
161considered on an expedited basis.
162     (b)  A local government's land development and construction
163regulations for new distribution electric substations and the
164local government's review of an application for the placement or
165construction of a new distribution electric substation shall
166only address land development, zoning, or aesthetic
167compatibility-based issues. In such local government regulations
168or review, a local government may not require information or
169evaluate a utility's business decisions about its service,
170customer demand for its service, or quality of its service to or
171from a particular area or site, unless the utility voluntarily
172offers this information to the local government.
173     (7)  Substation siting standards adopted after the
174effective date of this section shall not apply to new
175distribution electric utility substation applications that were
176submitted prior to the notice of the local government's adoption
177hearing.
178     (8)(a)  If a local government has adopted standards for the
179siting of new distribution electric substations within any of
180the local government's land use categories or zoning districts,
181the local government shall grant or deny a properly completed
182application for a permit to locate a new distribution electric
183substation within the land use category or zoning district
184within 90 days after the date the properly completed application
185is declared complete in accordance with the applicable local
186government application procedures. If the local government fails
187to approve or deny a properly completed application for a new
188distribution electric substation within the timeframes set
189forth, the application shall be deemed automatically approved
190and the applicant may proceed with construction consistent with
191its application without interference or penalty. Issuance of
192such local permit does not relieve the applicant from complying
193with applicable federal or state laws or regulations and other
194applicable local land development or building regulations, if
195any.
196     (b)  The local government shall notify the permit applicant
197within 30 days after the date the application is submitted as to
198whether the application is, for administrative purposes only,
199properly completed and has been properly submitted. Further
200completeness determinations shall be provided within 15 days
201after the receipt of additional information. However, such
202determination shall not be not deemed an approval of the
203application.
204     (c)  To be effective, a waiver of the timeframes set forth
205in this subsection must be voluntarily agreed to by the utility
206applicant and the local government. A local government may
207request, but not require, a waiver of the timeframes by the
208applicant, except that, with respect to a specific application,
209a one-time waiver may be required in the case of a declared
210local, state, or federal emergency that directly affects the
211administration of all permitting activities of the local
212government.
213     (d)  The local government may establish reasonable
214timeframes within which the required information to cure the
215application deficiency is to be provided or the application will
216be considered withdrawn or closed.
217     Section 2.  Section 163.3209, Florida Statutes, is created
218to read:
219     163.3209  Electric transmission and distribution line
220right-of-way maintenance.--After a right-of-way for any electric
221transmission or distribution line has been established and
222constructed, no local government shall require or apply any
223permits or other approvals or code provisions for or related to
224vegetation maintenance and tree pruning or trimming within the
225established right-of-way. The term "vegetation maintenance and
226tree pruning or trimming" means the mowing of vegetation within
227the right-of-way, removal of trees or brush within the right-of-
228way, and selective removal of tree branches that extend within
229the right-of-way. The provisions of this section do not include
230the removal of trees outside the right-of-way, which may be
231allowed in compliance with applicable local ordinances. Prior to
232conducting scheduled routine vegetation maintenance and tree
233pruning or trimming activities within an established right-of-
234way, the utility shall provide the official designated by the
235local government with a minimum of 5 business days' advance
236notice. Such advance notice is not required for vegetation
237maintenance and tree pruning or trimming required to restore
238electric service or to avoid an imminent vegetation-caused
239outage or when performed at the request of the property owner
240adjacent to the right-of-way, provided that the owner has
241approval of the local government, if needed. Upon the request of
242the local government, the electric utility shall meet with the
243local government to discuss and submit the utility's vegetation
244maintenance plan, including the utility's trimming
245specifications and maintenance practices. Vegetation maintenance
246and tree pruning or trimming conducted by utilities shall
247conform to ANSI A300 (Part I)--2001 pruning standards and ANSI
248Z133.1-2000 Pruning, Repairing, Maintaining, and Removing Trees,
249and Cutting Brush--Safety Requirements. Vegetation maintenance
250and tree pruning or trimming conducted by utilities must be
251supervised by qualified electric utility personnel or licensed
252contractors trained to conduct vegetation maintenance and tree
253trimming or pruning consistent with this section or by Certified
254Arborists certified by the Certification Program of the
255International Society of Arboriculture. A local government shall
256not adopt an ordinance or land development regulation that
257requires the planting of a tree or other vegetation that will
258achieve a height greater than 14 feet in an established electric
259utility right-of-way or intrude from the side closer than the
260clearance distance specified in Table 2 of ANSI Z133.1-2000 for
261lines affected by the North American Electric Reliability
262Council Standard, FAC 003.1 requirement R1.2. This section does
263not supersede or nullify the terms of specific franchise
264agreements between an electric utility and a local government
265and shall not be construed to limit a local government's
266franchising authority. This section does not supersede local
267government ordinances or regulations governing planting,
268pruning, trimming, or removal of specimen trees or historical
269trees, as defined in a local government's ordinances or
270regulations, or trees within designated canopied protection
271areas. This section shall not apply if a local government
272develops, with input from the utility, and the local government
273adopts, a written plan specifically for vegetation maintenance,
274tree pruning, tree removal, and tree trimming by the utility
275within the local government's established rights-of-way and the
276plan is not inconsistent with the minimum requirements of the
277National Electrical Safety Code as adopted by the Public Service
278Commission. Provided, however, such a plan shall not require the
279planting of a tree or other vegetation that will achieve a
280height greater than 14 feet in an established electric right-of-
281way. Vegetation maintenance costs shall be considered
282recoverable costs.
283     Section 3.  Section 186.0201, Florida Statutes, is created
284to read:
285     186.0201  Electric substation planning.--Electric utility
286substations respond to development and, consequently, siting
287locations cannot be precisely planned years in advance.
288Nevertheless, on or before June 1 of every year after the
289effective date of this act, the electric utilities with service
290areas within each regional planning council shall notify the
291regional planning council of the utilities' current plans over a
2925-year period to site electric substations within the local
293governments contained within each region, including an
294identification of whether each electric substation planned
295within a general area is a distribution or transmission electric
296substation, a listing of the proposed substations' site acreage
297needs and anticipated capacity, and maps showing general
298locations of the planned electric substations. This information
299is advisory, shall be included in the regional planning
300council's annual report prepared pursuant to s. 186.513, and
301shall be supplied directly to local governments requesting the
302information.
303     Section 4.  Section 186.513, Florida Statutes, is amended
304to read:
305     186.513  Reports.--Each regional planning council shall
306prepare and furnish an annual report on its activities to the
307state land planning agency as defined in s. 163.3164(20)
308department and the local general-purpose governments within its
309boundaries and, upon payment as may be established by the
310council, to any interested person. The regional planning
311councils shall make a joint report and recommendations to
312appropriate legislative committees.
313     Section 5.  Nothing in this act is intended to supersede
314the provisions of part II of chapter 403, Florida Statutes.
315     Section 6.  This act shall take effect upon becoming a law.


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