HB 431

1
A bill to be entitled
2An act relating to electric transmission and distribution;
3creating s. 163.3208, F.S.; providing legislative intent;
4defining the term "distribution electric substation";
5providing criteria for adoption and enforcement by a local
6government of land development regulations for new
7electric substations; providing that new distribution
8electric substations are a permitted use in all land use
9categories and zoning districts within a utility's service
10territory; providing for exceptions; providing standards
11which apply if a local government does not adopt
12reasonable standards for substation siting; providing for
13approval of an application for development of a proposed
14distribution electric substation when the application
15demonstrates that the design is consistent with the local
16government's applicable standards; providing alternative
17procedures for site approval; providing for application of
18certain local siting standards to applications received
19after public notice of the adoption hearing on those
20standards; providing a timeframe and procedures for a
21local government to approve or deny an application for a
22permit to locate a new distribution electric substation
23within any of the local government's land use categories
24or zoning districts; providing that the application is
25deemed approved if not acted on within the timeframe;
26providing for waiver of timeframes; authorizing the local
27government to establish timeframes for certain required
28information to be furnished; creating s. 163.3209, F.S.;
29prohibiting local governments from requiring any permits
30or approvals for certain vegetation maintenance in an
31established electric transmission or distribution line
32right-of-way; defining the term "vegetation maintenance
33and tree pruning or trimming"; providing for a utility to
34give notice to the local government before conducting such
35vegetation-maintenance activities; providing for
36exceptions; requiring the utility to provide its
37vegetation-maintenance plan to the local government and
38discuss it with the local government; specifying standards
39for vegetation maintenance and tree pruning or trimming
40conducted by utilities; providing for supervision of
41vegetation maintenance and tree pruning or trimming
42activities; limiting the height and clearance distance of
43vegetation that may be required by a local government in
44an established right-of-way of certain lines; providing
45for application and construction with respect to local
46franchise authority and ordinances or regulations
47governing planting, pruning, trimming, or removal of
48certain trees; providing for application when a local
49government adopts a described plan for vegetation
50maintenance, tree pruning, tree removal, and tree trimming
51within established rights-of-way; providing that
52vegetation maintenance costs be considered recoverable;
53creating s. 186.0201, F.S.; requiring electric utilities
54to notify the regional planning council of plans to site
55electric substations; providing for content of the
56notification; requiring that the information be included
57in the regional planning council's annual report and
58supplied to local governments under certain conditions;
59amending s. 186.513, F.S.; correcting a reference to a
60specified agency; providing for application to the Florida
61Electrical Power Plant Siting Act; providing an effective
62date.
63
64Be It Enacted by the Legislature of the State of Florida:
65
66     Section 1.  Section 163.3208, Florida Statutes, is created
67to read:
68     163.3208  Substation approval process.--
69     (1)  It is the intent of the Legislature to maintain,
70encourage, and ensure adequate and reliable electric
71infrastructure in the state. It is essential that electric
72infrastructure be constructed and maintained in various
73locations in order to ensure the efficient and reliable delivery
74of electric service. Electric infrastructure should be
75constructed, to the maximum extent practicable, to achieve
76compatibility with adjacent and surrounding land uses and the
77criteria included in this section are intended to balance the
78need for electricity with land use compatibility.
79     (2)  The term "distribution electric substation" means an
80electric substation which takes electricity from the
81transmission grid and converts it to a lower voltage so it can
82be distributed to customers in the local area on the local
83distribution grid through one or more distribution lines less
84than 69 kilovolts in size.
85     (3)  Electric substations are a critical component of
86electric transmission and distribution. Local governments may
87adopt and enforce reasonable land development regulations for
88new distribution electric substations addressing only setback,
89landscaping, buffering, screening, lighting, and other aesthetic
90compatibility-based standards. Vegetated buffers or screening
91beneath aerial access points to the substation equipment shall
92not be required to have a mature height in excess of 14 feet.
93     (4)  New distribution electric substations shall be a
94permitted use in all land use categories in the applicable local
95government comprehensive plan and zoning districts within a
96utility's service territory except those designated as
97preservation, conservation, or historic preservation on the
98future land use map or duly adopted ordinance. If a local
99government has not adopted reasonable standards for substation
100siting in accordance with subsection (3), the following
101standards shall apply to new distribution electric substations:
102     (a)  In nonresidential areas, the substation must comply
103with the setback and landscaped buffer area criteria applicable
104to other similar uses in that district, if any.
105     (b)  Unless the local government approves a lesser setback
106or landscape requirement, in residential areas, a setback of up
107to 100 feet between the substation property boundary and
108permanent equipment structures shall be maintained as follows:
109     1.  For setbacks between 100 feet and 50 feet, an open
110green space shall be formed by installing native landscaping,
111including trees and shrub material, consistent with the relevant
112local government's land development regulations. Substation
113equipment shall be protected by a security fence consistent with
114the relevant local government's land development regulations.
115     2.  For setbacks of less than 50 feet, a buffer wall 8 feet
116high or a fence 8 feet high with native landscaping consistent
117with the relevant local government's regulations shall be
118installed around the substation.
119     (5)  If the application for a proposed distribution
120electric substation demonstrates that the substation design is
121consistent with the local government's applicable setback,
122landscaping, buffering, screening, and other aesthetic
123compatibility-based standards, the application for development
124approval for the substation shall be approved.
125     (6)(a)  This paragraph may apply to the proposed placement
126or construction of a new distribution electric substation within
127a residential area. Prior to submitting an application for the
128location of a new distribution electric substation in
129residential areas, the utility shall consult with the local
130government regarding the selection of a site. The utility shall
131provide information regarding the utility's preferred site and
132as many as three alternative available sites, including sites
133within nonresidential areas, that are technically and
134electrically reasonable for the load to be served, if the local
135government deems that the siting of a new distribution electric
136substation warrants this additional review and consideration.
137The final determination on the site application as to the
138preferred and alternative sites shall be made solely by the
139local government within 90 days of presentation of all the
140necessary and required information on the preferred site and on
141the alternative sites. In the event the utility and the local
142government are unable to reach agreement on an appropriate
143location, the substation site selection shall be submitted to
144mediation conducted pursuant to ss. 44.401-44.406, unless
145otherwise agreed to in writing by the parties, and the mediation
146shall be concluded within 30 days unless extended by written
147agreement of the parties. The 90-day time period for the local
148government to render a final decision on the site application is
149tolled from the date a notice of intent to mediate the site
150selection issue is served on the utility or local government,
151until the mediation is concluded, terminated, or an impasse is
152declared. The local government and utility may agree to waive or
153extend this 90-day time period. Upon rendition of a final
154decision of the local government, a person may pursue available
155legal remedies in accordance with law and the matter shall be
156considered on an expedited basis.
157     (b)  A local government's land development and construction
158regulations for new distribution electric substations and the
159local government's review of an application for the placement or
160construction of a new distribution electric substation shall
161only address land development, zoning, or aesthetic
162compatibility-based issues. In such local government regulations
163or review, a local government may not require information or
164evaluate a utility's business decisions about its service,
165customer demand for its service, or quality of its service to or
166from a particular area or site, unless the utility voluntarily
167offers this information to the local government.
168     (7)  Substation siting standards adopted after the
169effective date of this section shall not apply to new
170distribution electric utility substation applications that were
171submitted prior to the notice of the local government's adoption
172hearing.
173     (8)(a)  If a local government has adopted standards for the
174siting of new distribution electric substations within any of
175the local government's land use categories or zoning districts,
176the local government shall grant or deny a properly completed
177application for a permit to locate a new distribution electric
178substation within the land use category or zoning district
179within 90 days after the date the properly completed application
180is declared complete in accordance with the applicable local
181government application procedures. If the local government fails
182to approve or deny a properly completed application for a new
183distribution electric substation within the timeframes set
184forth, the application shall be deemed automatically approved
185and the applicant may proceed with construction consistent with
186its application without interference or penalty. Issuance of
187such local permit does not relieve the applicant from complying
188with applicable federal or state laws or regulations and other
189applicable local land development or building regulations, if
190any.
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.