Amendment
Bill No. 7237

Amendment No. 872879

CHAMBER ACTION
Senate		House
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1	Representative(s) Littlefield offered the following:
2
3	Amendment to Senate Amendment (211682) (with title
4	amendment)
5	On page 1, line 17, through page 2, line(s) 16,
6	remove:  All of said lines
7
8	and insert:
9	Section 1.  Subsections (5), (8), (9), (12), (18), (24),
10	and (27) of section 403.503, Florida Statutes, are amended,
11	subsections (6) through (14) are renumbered as subsections (7)
12	through (15), respectively, subsections (15) through (28) are
13	renumbered as subsections (17) through (30), respectively, and
14	new subsections (6) and (16) are added to that section, to read:
15	403.503  Definitions relating to Florida Electrical Power
16	Plant Siting Act.--As used in this act:
17	(5)  "Application" means the documents required by the
18	department to be filed to initiate a certification review and
19	evaluation, including the initial document filing, amendments,
20	and responses to requests from the department for additional
21	data and information proceeding and shall include the documents
22	necessary for the department to render a decision on any permit
23	required pursuant to any federally delegated or approved permit
24	program.
25	(6)  "Associated facilities" means, for the purpose of
26	certification, those facilities which directly support the
27	construction and operation of the electrical power plant such as
28	fuel unloading facilities; pipelines necessary for transporting
29	fuel for the operation of the facility or other fuel
30	transportation facilities; water or wastewater transport
31	pipelines; construction, maintenance, and access roads; and
32	railway lines necessary for transport of construction equipment
33	or fuel for the operation of the facility.
34	(9)(8)  "Completeness" means that the application has
35	addressed all applicable sections of the prescribed application
36	format, and but does not mean that those sections are sufficient
37	in comprehensiveness of data or in quality of information
38	provided to allow the department to determine whether the
39	application provides the reviewing agencies adequate information
40	to prepare the reports required by s. 403.507.
41	(10)(9)  "Corridor" means the proposed area within which an
42	associated linear facility right-of-way is to be located. The
43	width of the corridor proposed for certification as an
44	associated facility, at the option of the applicant, may be the
45	width of the right-of-way or a wider boundary, not to exceed a
46	width of 1 mile. The area within the corridor in which a right-
47	of-way may be located may be further restricted by a condition
48	of certification. After all property interests required for the
49	right-of-way have been acquired by the licensee applicant, the
50	boundaries of the area certified shall narrow to only that land
51	within the boundaries of the right-of-way.
52	(13)(12)  "Electrical power plant" means, for the purpose
53	of certification, any steam or solar electrical generating
54	facility using any process or fuel, including nuclear materials,
55	and includes associated facilities which directly support the
56	construction and operation of the electrical power plant and
57	those associated transmission lines which connect the electrical
58	power plant to an existing transmission network or rights-of-way
59	to which the applicant intends to connect, except that this term
60	does not include any steam or solar electrical generating
61	facility of less than 75 megawatts in capacity unless the
62	applicant for such a facility elects to apply for certification
63	under this act. This term includes associated facilities to be
64	owned by the applicant which are physically connected to the
65	electrical power plant site or which are directly connected to
66	the electrical power plant site by other proposed associated
67	facilities to be owned by the applicant, and associated
68	transmission lines to be owned by the applicant which connect
69	the electrical power plant to an existing transmission network
70	or rights-of-way of which the applicant intends to connect. An
71	associated transmission line may include, At the applicant's
72	option, this term may include, any offsite associated facilities
73	which will not be owned by the applicant; offsite associated
74	facilities which are owned by the applicant but which are not
75	directly connected to the electrical power plant site; any
76	proposed terminal or intermediate substations or substation
77	expansions connected to the associated transmission line; or new
78	transmission lines, upgrades, or improvements of an existing
79	transmission line on any portion of the applicant's electrical
80	transmission system necessary to support the generation injected
81	into the system from the proposed electrical power plant.
82	(16)  "Licensee" means an applicant that has obtained a
83	certification order for the subject project.
84	(20)(18)  "Nonprocedural requirements of agencies" means
85	any agency's regulatory requirements established by statute,
86	rule, ordinance, zoning ordinance, land development code, or
87	comprehensive plan, excluding any provisions prescribing forms,
88	fees, procedures, or time limits for the review or processing of
89	information submitted to demonstrate compliance with such
90	regulatory requirements.
91	(26)(24)  "Right-of-way" means land necessary for the
92	construction and maintenance of a connected associated linear
93	facility, such as a railroad line, pipeline, or transmission
94	line as owned by or proposed to be certified by the applicant.
95	The typical width of the right-of-way shall be identified in the
96	application. The right-of-way shall be located within the
97	certified corridor and shall be identified by the applicant
98	subsequent to certification in documents filed with the
99	department prior to construction.
100	(29)(27)  "Ultimate site capacity" means the maximum
101	generating capacity for a site as certified by the board.
102	"Sufficiency" means that the application is not only complete
103	but that all sections are sufficient in the comprehensiveness of
104	data or in the quality of information provided to allow the
105	department to determine whether the application provides the
106	reviewing agencies adequate information to prepare the reports
107	required by s. 403.507.
108	Section 2.  Subsections (1), (7), (9), and (10) of section
109	403.504, Florida Statutes, are amended, and new subsections (9),
110	(10), (11), and (12) are added to that section, to read:
111	403.504  Department of Environmental Protection; powers and
112	duties enumerated.--The department shall have the following
113	powers and duties in relation to this act:
114	(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54
115	to implement the provisions of this act, including rules setting
116	forth environmental precautions to be followed in relation to
117	the location, construction, and operation of electrical power
118	plants.
119	(7)  To conduct studies and prepare a project written
120	analysis under s. 403.507.
121	(9)  To issue final orders after receipt of the
122	administrative law judge's order relinquishing jurisdiction
123	pursuant to s. 403.508(6).
124	(10)  To act as clerk for the siting board.
125	(11)  To administer and manage the terms and conditions of
126	the certification order and supporting documents and records for
127	the life of the facility.
128	(12)  To issue emergency orders on behalf of the board for
129	facilities licensed under this act.
130	(9)  To notify all affected agencies of the filing of a
131	notice of intent within 15 days after receipt of the notice.
132	(10)  To issue, with the electrical power plant
133	certification, any license required pursuant to any federally
134	delegated or approved permit program.
135	Section 3.  Section 403.5055, Florida Statutes, is amended
136	to read:
137	403.5055  Application for permits pursuant to s.
138	403.0885.--In processing applications for permits pursuant to s.
139	403.0885 that are associated with applications for electrical
140	power plant certification:
141	(1)  The procedural requirements set forth in 40 C.F.R. s.
142	123.25, including public notice, public comments, and public
143	hearings, shall be closely coordinated with the certification
144	process established under this part. In the event of a conflict
145	between the certification process and federally required
146	procedures for NPDES permit issuance, the applicable federal
147	requirements shall control.
148	(2)  The department's proposed action pursuant to 40 C.F.R.
149	s. 124.6, including any draft NPDES permit (containing the
150	information required under 40 C.F.R. s. 124.6(d)), shall within
151	130 days after the submittal of a complete application be
152	publicly noticed and transmitted to the United States
153	Environmental Protection Agency for its review pursuant to 33
154	U.S.C. s. 1342(d).
155	(2)(3)  If available at the time the department issues its
156	project analysis pursuant to s. 403.507(5), the department shall
157	include in its project analysis written analysis pursuant to s.
158	403.507(3) copies of the department's proposed action pursuant
159	to 40 C.F.R. s. 124.6 on any application for a NPDES permit; any
160	corresponding comments received from the United States
161	Environmental Protection Agency, the applicant, or the general
162	public; and the department's response to those comments.
163	(3)(4)  The department shall not issue or deny the permit
164	pursuant to s. 403.0885 in advance of the issuance of the
165	electrical electric power plant certification under this part
166	unless required to do so by the provisions of federal law. When
167	possible, any hearing on a permit issued pursuant to s. 403.0885
168	shall be conducted in conjunction with the certification hearing
169	held pursuant to this act. The department's actions on an NPDES
170	permit shall be based on the record and recommended order of the
171	certification hearing, if the hearing on the NPDES was conducted
172	in conjunction with the certification hearing, and of any other
173	proceeding held in connection with the application for an NPDES
174	permit, timely public comments received with respect to the
175	application, and the provisions of federal law. The department's
176	action on an NPDES permit, if issued, shall differ from the
177	actions taken by the siting board regarding the certification
178	order if federal laws and regulations require different action
179	to be taken to ensure compliance with the Clean Water Act, as
180	amended, and implementing regulations. Nothing in this part
181	shall be construed to displace the department's authority as the
182	final permitting entity under the federally approved state NPDES
183	program. Nothing in this part shall be construed to authorize
184	the issuance of a state NPDES permit which does not conform to
185	the requirements of the federally approved state NPDES program.
186	The permit, if issued, shall be valid for no more than 5 years.
187	(5)  The department's action on an NPDES permit renewal, if
188	issued, shall differ from the actions taken by the siting board
189	regarding the certification order if federal laws and
190	regulations require different action to be taken to ensure
191	compliance with the Clean Water Act, as amended, and
192	implementing regulations.
193	Section 4.  Section 403.506, Florida Statutes, is amended
194	to read:
195	403.506  Applicability, thresholds, and certification.--
196	(1)  The provisions of this act shall apply to any
197	electrical power plant as defined herein, except that the
198	provisions of this act shall not apply to any electrical power
199	plant or steam generating plant of less than 75 megawatts in
200	capacity or to any substation to be constructed as part of an
201	associated transmission line unless the applicant has elected to
202	apply for certification of such plant or substation under this
203	act. The provisions of this act shall not apply to any unit
204	capacity expansion of 35 megawatts or less of an existing
205	exothermic reaction cogeneration unit that was exempt from this
206	act when it was originally built; however, this exemption shall
207	not apply if the unit uses oil or natural gas for purposes other
208	than unit startup. No construction of any new electrical power
209	plant or expansion in steam generating capacity as measured by
210	an increase in the maximum electrical generator rating of any
211	existing electrical power plant may be undertaken after October
212	1, 1973, without first obtaining certification in the manner as
213	herein provided, except that this act shall not apply to any
214	such electrical power plant which is presently operating or
215	under construction or which has, upon the effective date of
216	chapter 73-33, Laws of Florida, applied for a permit or
217	certification under requirements in force prior to the effective
218	date of such act.
219	(2)  Except as provided in the certification, modification
220	of nonnuclear fuels, internal related hardware, including
221	increases in steam turbine efficiency, or operating conditions
222	not in conflict with certification which increase the electrical
223	output of a unit to no greater capacity than the maximum
224	electrical generator rating operating capacity of the existing
225	generator shall not constitute an alteration or addition to
226	generating capacity which requires certification pursuant to
227	this act.
228	(3)  The application for any related department license
229	which is required pursuant to any federally delegated or
230	approved permit program shall be processed within the time
231	periods allowed by this act, in lieu of those specified in s.
232	120.60. However, permits issued pursuant to s. 403.0885 shall be
233	processed in accordance with 40 C.F.R. part 123.
234	Section 5.  Section 403.5064, Florida Statutes, is amended
235	to read:
236	403.5064  Distribution of Application; schedules.--
237	(1)  The formal date of filing of a certification
238	application and commencement of the certification review process
239	shall be when the applicant submits:
240	(a)  Copies of the certification application in a quantity
241	and format as prescribed by rule to the department and other
242	agencies identified in s. 403.507(2)(a).
243	(b)  The application fee specified under s. 403.518 to the
244	department.
245	(2)(1)  Within 7 days after the filing of an application,
246	the department shall provide to the applicant and the Division
247	of Administrative Hearings the names and addresses of any
248	additional those affected or other agencies or persons entitled
249	to notice and copies of the application and any amendments.
250	Copies of the application shall be distributed within 5 days by
251	the applicant to these additional agencies. This distribution
252	shall not be a basis for altering the schedule of dates for the
253	certification process.
254	(3)  Any amendment to the application made prior to
255	certification shall be disposed of as part of the original
256	certification proceeding. Amendment of the application may be
257	considered good cause for alteration of time limits pursuant to
258	s. 403.5095.
259	(4)(2)  Within 7 days after the filing of an application
260	completeness has been determined, the department shall prepare a
261	proposed schedule of dates for determination of completeness,
262	submission of statements of issues, determination of
263	sufficiency, and submittal of final reports, from affected and
264	other agencies and other significant dates to be followed during
265	the certification process, including dates for filing notices of
266	appearance to be a party pursuant to s. 403.508(3)(4). This
267	schedule shall be timely provided by the department to the
268	applicant, the administrative law judge, all agencies identified
269	pursuant to subsection (2) (1), and all parties. Within 7 days
270	after the filing of the proposed schedule, the administrative
271	law judge shall issue an order establishing a schedule for the
272	matters addressed in the department's proposed schedule and
273	other appropriate matters, if any.
274	(5)(3)  Within 7 days after completeness has been
275	determined, the applicant shall distribute copies of the
276	application to all agencies identified by the department
277	pursuant to subsection (1). Copies of changes and amendments to
278	the application shall be timely distributed by the applicant to
279	all affected agencies and parties who have received a copy of
280	the application.
281	(6)  Notice of the filing of the application shall be
282	published in accordance with the requirements of s. 403.5115.
283	Section 6.  Section 403.5065, Florida Statutes, is amended
284	to read:
285	403.5065  Appointment of administrative law judge; powers
286	and duties.--
287	(1)  Within 7 days after receipt of an application, whether
288	complete or not, the department shall request the Division of
289	Administrative Hearings to designate an administrative law judge
290	to conduct the hearings required by this act. The division
291	director shall designate an administrative law judge within 7
292	days after receipt of the request from the department. In
293	designating an administrative law judge for this purpose, the
294	division director shall, whenever practicable, assign an
295	administrative law judge who has had prior experience or
296	training in electrical power plant site certification
297	proceedings. Upon being advised that an administrative law judge
298	has been appointed, the department shall immediately file a copy
299	of the application and all supporting documents with the
300	designated administrative law judge, who shall docket the
301	application.
302	(2)  The administrative law judge shall have all powers and
303	duties granted to administrative law judges by chapter 120 and
304	by the laws and rules of the department.
305	Section 7.  Section 403.5066, Florida Statutes, is amended
306	to read:
307	403.5066  Determination of completeness.--
308	(1)(a)  Within 30 days after the filing of an application,
309	affected agencies shall file a statement with the department
310	containing each agency's recommendations on the completeness of
311	the application.
312	(b)  Within 40 15 days after the filing receipt of an
313	application, the department shall file a statement with the
314	Division of Administrative Hearings, and with the applicant, and
315	with all parties declaring its position with regard to the
316	completeness, not the sufficiency, of the application. The
317	department's statement shall be based upon consultation with the
318	affected agencies.
319	(2)(1)  If the department declares the application to be
320	incomplete, the applicant, within 15 days after the filing of
321	the statement by the department, shall file with the Division of
322	Administrative Hearings, and with the department, and all
323	parties a statement:
324	(a)  A withdrawal of Agreeing with the statement of the
325	department and withdrawing the application;
326	(b)  A statement agreeing to supply the additional
327	information necessary to make the application complete. Such
328	additional information shall be provided within 30 days after
329	the issuance of the department's statement on completeness of
330	the application. The time schedules under this act shall not be
331	tolled if the applicant makes the application complete within 30
332	days after the issuance of the department's statement on
333	completeness of the application. A subsequent finding by the
334	department that the application remains incomplete, based upon
335	the additional information submitted by the applicant or upon
336	the failure of the applicant to timely submit the additional
337	information, tolls the time schedules under this act until the
338	application is determined complete; Agreeing with the statement
339	of the department and agreeing to amend the application without
340	withdrawing it. The time schedules referencing a complete
341	application under this act shall not commence until the
342	application is determined complete; or
343	(c)  A statement contesting the department's determination
344	of incompleteness; or contesting the statement of the
345	department.
346	(d)  A statement agreeing with the department and
347	requesting additional time beyond 30 days to provide the
348	information necessary to make the application complete. If the
349	applicant exercises this option, the time schedules under this
350	act are tolled until the application is determined complete.
351	(3)(a)(2)  If the applicant contests the determination by
352	the department that an application is incomplete, the
353	administrative law judge shall schedule a hearing on the
354	statement of completeness. The hearing shall be held as
355	expeditiously as possible, but not later than 21 30 days after
356	the filing of the statement by the department. The
357	administrative law judge shall render a decision within 7 10
358	days after the hearing.
359	(b)  Parties to a hearing on the issue of completeness
360	shall include the applicant, the department, and any agency that
361	has jurisdiction over the matter in dispute.
362	(c)(a)  If the administrative law judge determines that the
363	application was not complete as filed, the applicant shall
364	withdraw the application or make such additional submittals as
365	necessary to complete it. The time schedules referencing a
366	complete application under this act shall not commence until the
367	application is determined complete.
368	(d)(b)  If the administrative law judge determines that the
369	application was complete at the time it was declared incomplete
370	filed, the time schedules referencing a complete application
371	under this act shall commence upon such determination.
372	(4)  If the applicant provides additional information to
373	address the issues identified in the determination of
374	incompleteness, each affected agency may submit to the
375	department, no later than 15 days after the applicant files the
376	additional information, a recommendation on whether the agency
377	believes the application is complete. Within 22 days after
378	receipt of the additional information from the applicant
379	submitted under paragraph (2)(b), paragraph (2)(d), or paragraph
380	(3)(c), the department shall determine whether the additional
381	information supplied by an applicant makes the application
382	complete. If the department finds that the application is still
383	incomplete, the applicant may exercise any of the options
384	specified in subsection (2) as often as is necessary to resolve
385	the dispute.
386	Section 8.  Section 403.50663, Florida Statutes, is created
387	to read:
388	403.50663  Informational public meetings.--
389	(1)  A local government within whose jurisdiction the power
390	plant is proposed to be sited may hold one informational public
391	meeting in addition to the hearings specifically authorized by
392	this act on any matter associated with the electrical power
393	plant proceeding. Such informational public meetings shall be
394	held by the local government or by the regional planning council
395	if the local government does not hold such meeting within 70
396	days after the filing of the application. The purpose of an
397	informational public meeting is for the local government or
398	regional planning council to further inform the public about the
399	proposed electrical power plant or associated facilities, obtain
400	comments from the public, and formulate its recommendation with
401	respect to the proposed electrical power plant.
402	(2)  Informational public meetings shall be held solely at
403	the option of each local government or regional planning council
404	if a public meeting is not held by the local government. It is
405	the legislative intent that local governments or regional
406	planning councils attempt to hold such public meetings. Parties
407	to the proceedings under this act shall be encouraged to attend;
408	however, no party other than the applicant and the department
409	shall be required to attend such informational public meetings.
410	(3)  A local government or regional planning council that
411	intends to conduct an informational public meeting must provide
412	notice of the meeting to all parties not less than 5 days prior
413	to the meeting.
414	(4)  The failure to hold an informational public meeting or
415	the procedure used for the informational public meeting are not
416	grounds for the alteration of any time limitation in this act
417	under s. 403.5095 or grounds to deny or condition certification.
418	Section 9.  Section 403.50665, Florida Statutes, is created
419	to read:
420	403.50665  Land use consistency.--
421	(1)  The applicant shall include in the application a
422	statement on the consistency of the site or any directly
423	associated facilities with existing land use plans and zoning
424	ordinances that were in effect on the date the application was
425	filed and a full description of such consistency.
426	(2)  Within 45 days after the filing of the application,
427	each local government shall file a determination with the
428	department, the applicant, the administrative law judge, and all
429	parties on the consistency of the site or any directly
430	associated facilities with existing land use plans and zoning
431	ordinances that were in effect on the date the application was
432	filed, based on the information provided in the application. The
433	local government may issue its determination up to 35 days later
434	if the local government has requested additional information on
435	land use and zoning consistency as part of the local
436	government's statement on completeness of the application
437	submitted pursuant to s. 403.5066(1)(a). Notice of the
438	consistency determination shall be published in accordance with
439	the requirements of s. 403.5115.
440	(3)  If the local government issues a determination that
441	the proposed electrical power plant is not consistent or in
442	compliance with local land use plans and zoning ordinances, the
443	applicant may apply to the local government for the necessary
444	local approval to address the inconsistencies in the local
445	government's determination. If the applicant makes such an
446	application to the local government, the time schedules under
447	this act shall be tolled until the local government issues its
448	revised determination on land use and zoning or the applicant
449	otherwise withdraws its application to the local government. If
450	the applicant applies to the local government for necessary
451	local land use or zoning approval, the local government shall
452	issue a revised determination within 30 days following the
453	conclusion of that local proceeding, and the time schedules and
454	notice requirements under this act shall apply to such revised
455	determination.
456	(4)  If any substantially affected person wishes to dispute
457	the local government's determination, he or she shall file a
458	petition with the department within 21 days after the
459	publication of notice of the local government's determination.
460	If a hearing is requested, the provisions of s. 403.508(1) shall
461	apply.
462	(5)  The dates in this section may be altered upon
463	agreement between the applicant, the local government, and the
464	department pursuant to s. 403.5095.
465	(6)  If it is determined by the local government that the
466	proposed site or directly associated facility does conform with
467	existing land use plans and zoning ordinances in effect as of
468	the date of the application and no petition has been filed, the
469	responsible zoning or planning authority shall not thereafter
470	change such land use plans or zoning ordinances so as to
471	foreclose construction and operation of the proposed site or
472	directly associated facilities unless certification is
473	subsequently denied or withdrawn.
474	Section 10.  Section 403.5067, Florida Statutes, is
475	repealed.
476	Section 11.  Section 403.507, Florida Statutes, is amended
477	to read:
478	403.507  Preliminary statements of issues, reports, project
479	analyses, and studies.--
480	(1)  Each affected agency identified in paragraph (2)(a)
481	shall submit a preliminary statement of issues to the
482	department, and the applicant, and all parties no later than 40
483	60 days after the certification application has been determined
484	distribution of the complete application. The failure to raise
485	an issue in this statement shall not preclude the issue from
486	being raised in the agency's report.
487	(2)(a)  No later than 100 days after the certification
488	application has been determined complete, the following agencies
489	shall prepare reports as provided below and shall submit them to
490	the department and the applicant within 150 days after
491	distribution of the complete application:
492	1.  The Department of Community Affairs shall prepare a
493	report containing recommendations which address the impact upon
494	the public of the proposed electrical power plant, based on the
495	degree to which the electrical power plant is consistent with
496	the applicable portions of the state comprehensive plan,
497	emergency management, and other such matters within its
498	jurisdiction. The Department of Community Affairs may also
499	comment on the consistency of the proposed electrical power
500	plant with applicable strategic regional policy plans or local
501	comprehensive plans and land development regulations.
502	2.  The Public Service Commission shall prepare a report as
503	to the present and future need for the electrical generating
504	capacity to be supplied by the proposed electrical power plant.
505	The report shall include the commission's determination pursuant
506	to s. 403.519 and may include the commission's comments with
507	respect to any other matters within its jurisdiction.
508	2.3.  The water management district shall prepare a report
509	as to matters within its jurisdiction, including but not limited
510	to, the impact of the proposed electrical power plant on water
511	resources, regional water supply planning, and district-owned
512	lands and works.
513	3.4.  Each local government in whose jurisdiction the
514	proposed electrical power plant is to be located shall prepare a
515	report as to the consistency of the proposed electrical power
516	plant with all applicable local ordinances, regulations,
517	standards, or criteria that apply to the proposed electrical
518	power plant, including adopted local comprehensive plans, land
519	development regulations, and any applicable local environmental
520	regulations adopted pursuant to s. 403.182 or by other means.
521	4.5.  The Fish and Wildlife Conservation Commission shall
522	prepare a report as to matters within its jurisdiction.
523	5.6.  Each The regional planning council shall prepare a
524	report containing recommendations that address the impact upon
525	the public of the proposed electrical power plant, based on the
526	degree to which the electrical power plant is consistent with
527	the applicable provisions of the strategic regional policy plan
528	adopted pursuant to chapter 186 and other matters within its
529	jurisdiction.
530	6.  The Department of Transportation shall address the
531	impact of the proposed electrical power plant on matters within
532	its jurisdiction.
533	(b)7.  Any other agency, if requested by the department,
534	shall also perform studies or prepare reports as to matters
535	within that agency's jurisdiction which may potentially be
536	affected by the proposed electrical power plant.
537	(b)  As needed to verify or supplement the studies made by
538	the applicant in support of the application, it shall be the
539	duty of the department to conduct, or contract for, studies of
540	the proposed electrical power plant and site, including, but not
541	limited to, the following, which shall be completed no later
542	than 210 days after the complete application is filed with the
543	department:
544	1.  Cooling system requirements.
545	2.  Construction and operational safeguards.
546	3.  Proximity to transportation systems.
547	4.  Soil and foundation conditions.
548	5.  Impact on suitable present and projected water supplies
549	for this and other competing uses.
550	6.  Impact on surrounding land uses.
551	7.  Accessibility to transmission corridors.
552	8.  Environmental impacts.
553	9.  Requirements applicable under any federally delegated
554	or approved permit program.
555	(3)(c)  Each report described in subsection (2) paragraphs
556	(a) and (b) shall contain:
557	(a)  A notice of any nonprocedural requirements not
558	specifically listed in the application from which a variance,
559	exemption, exception all information on variances, exemptions,
560	exceptions, or other relief is necessary in order for the
561	proposed electrical power plant to be certified. Failure of such
562	notification by an agency shall be treated as a waiver from
563	nonprocedural requirements of that agency. However, no variance
564	shall be granted from standards or regulations of the department
565	applicable under any federally delegated or approved permit
566	program, except as expressly allowed in such program. which may
567	be required by s. 403.511(2) and
568	(b)  A recommendation for approval or denial of the
569	application.
570	(c)  Any proposed conditions of certification on matters
571	within the jurisdiction of such agency. For each condition
572	proposed by an agency in its report, the agency shall list the
573	specific statute, rule, or ordinance which authorizes the
574	proposed condition.
575	(d)  The agencies shall initiate the activities required by
576	this section no later than 15 30 days after the complete
577	application is distributed. The agencies shall keep the
578	applicant and the department informed as to the progress of the
579	studies and any issues raised thereby.
580	(3)  No later than 60 days after the application for a
581	federally required new source review or prevention of
582	significant deterioration permit for the electrical power plant
583	is complete and sufficient, the department shall issue its
584	preliminary determination on such permit. Notice of such
585	determination shall be published as required by the department's
586	rules for notices of such permits. The department shall receive
587	public comments and comments from the United States
588	Environmental Protection Agency and other affected agencies on
589	the preliminary determination as provided for in the federally
590	approved state implementation plan. The department shall
591	maintain a record of all comments received and considered in
592	taking action on such permits. If a petition for an
593	administrative hearing on the department's preliminary
594	determination is filed by a substantially affected person, that
595	hearing shall be consolidated with the certification hearing.
596	(4)(a)  No later than 150 days after the application is
597	filed, the Public Service Commission shall prepare a report as
598	to the present and future need for electrical generating
599	capacity to be supplied by the proposed electrical power plant.
600	The report shall include the commission's determination pursuant
601	to s. 403.519 and may include the commission's comments with
602	respect to any other matters within its jurisdiction.
603	(b)  Receipt of an affirmative determination of need by the
604	submittal deadline under paragraph (a) shall be a condition
605	precedent to issuance of the department's project analysis and
606	conduct of the certification hearing.
607	(5)(4)  The department shall prepare a project written
608	analysis, which shall be filed with the designated
609	administrative law judge and served on all parties no later than
610	130 240 days after the complete application is determined
611	complete filed with the department, but no later than 60 days
612	prior to the hearing, and which shall include:
613	(a)  A statement indicating whether the proposed electrical
614	power plant and proposed ultimate site capacity will be in
615	compliance and consistent with matters within the department's
616	standard jurisdiction, including with the rules of the
617	department, as well as whether the proposed electrical power
618	plant and proposed ultimate site capacity will be in compliance
619	with the nonprocedural requirements of the affected agencies.
620	(b)  Copies of the studies and reports required by this
621	section and s. 403.519.
622	(c)  The comments received by the department from any other
623	agency or person.
624	(d)  The recommendation of the department as to the
625	disposition of the application, of variances, exemptions,
626	exceptions, or other relief identified by any party, and of any
627	proposed conditions of certification which the department
628	believes should be imposed.
629	(e)  If available, the recommendation of the department
630	regarding the issuance of any license required pursuant to a
631	federally delegated or approved permit program.
632	(f)  Copies of the department's draft of the operation
633	permit for a major source of air pollution, which must also be
634	provided to the United States Environmental Protection Agency
635	for review within 5 days after issuance of the written analysis.
636	(6)(5)  Except when good cause is shown, the failure of any
637	agency to submit a preliminary statement of issues or a report,
638	or to submit its preliminary statement of issues or report
639	within the allowed time, shall not be grounds for the alteration
640	of any time limitation in this act. Neither the failure to
641	submit a preliminary statement of issues or a report nor the
642	inadequacy of the preliminary statement of issues or report are
643	shall be grounds to deny or condition certification.
644	Section 12.  Section 403.508, Florida Statutes, is amended
645	to read:
646	403.508  Land use and certification hearings proceedings,
647	parties, participants.--
648	(1)(a)  If a petition for a hearing on land use has been
649	filed pursuant to s. 403.50665, the designated administrative
650	law judge shall conduct a land use hearing in the county of the
651	proposed site or directly associated facility, as applicable, as
652	expeditiously as possible, but not later than 30 within 90 days
653	after the department's receipt of the petition a complete
654	application for electrical power plant site certification by the
655	department. The place of such hearing shall be as close as
656	possible to the proposed site or directly associated facility.
657	If a petition is filed, the hearing shall be held regardless of
658	the status of the completeness of the application. However,
659	incompleteness of information necessary for a local government
660	to evaluate an application may be claimed by the local
661	government as cause for a statement of inconsistency with
662	existing land use plans and zoning ordinances under s.
663	403.50665.
664	(b)  Notice of the land use hearing shall be published in
665	accordance with the requirements of s. 403.5115.
666	(c)(2)  The sole issue for determination at the land use
667	hearing shall be whether or not the proposed site is consistent
668	and in compliance with existing land use plans and zoning
669	ordinances. If the administrative law judge concludes that the
670	proposed site is not consistent or in compliance with existing
671	land use plans and zoning ordinances, the administrative law
672	judge shall receive at the hearing evidence on, and address in
673	the recommended order any changes to or approvals or variances
674	under, the applicable land use plans or zoning ordinances which
675	will render the proposed site consistent and in compliance with
676	the local land use plans and zoning ordinances.
677	(d)  The designated administrative law judge's recommended
678	order shall be issued within 30 days after completion of the
679	hearing and shall be reviewed by the board within 60 45 days
680	after receipt of the recommended order by the board.
681	(e)  If it is determined by the board that the proposed
682	site does conform with existing land use plans and zoning
683	ordinances in effect as of the date of the application, or as
684	otherwise provided by this act, the responsible zoning or
685	planning authority shall not thereafter change such land use
686	plans or zoning ordinances so as to foreclose construction and
687	operation of affect the proposed electrical power plant on the
688	proposed site or directly associated facilities unless
689	certification is subsequently denied or withdrawn.
690	(f)  If it is determined by the board that the proposed
691	site does not conform with existing land use plans and zoning
692	ordinances, it shall be the responsibility of the applicant to
693	make the necessary application for rezoning. Should the
694	application for rezoning be denied, the applicant may appeal
695	this decision to the board, which may, if it determines after
696	notice and hearing and upon consideration of the recommended
697	order on land use and zoning issues that it is in the public
698	interest to authorize the use of the land as a site for an
699	electrical power plant, authorize a variance or other necessary
700	approval to the adopted land use plan and zoning ordinances
701	required to render the proposed site consistent with local land
702	use plans and zoning ordinances. The board's action shall not be
703	controlled by any other procedural requirements of law. In the
704	event a variance or other approval is denied by the board, it
705	shall be the responsibility of the applicant to make the
706	necessary application for any approvals determined by the board
707	as required to make the proposed site consistent and in
708	compliance with local land use plans and zoning ordinances. No
709	further action may be taken on the complete application by the
710	department until the proposed site conforms to the adopted land
711	use plan or zoning ordinances or the board grants relief as
712	provided under this act.
713	(2)(a)(3)  A certification hearing shall be held by the
714	designated administrative law judge no later than 265 300 days
715	after the complete application is filed with the department;
716	however, an affirmative determination of need by the Public
717	Service Commission pursuant to s. 403.519 shall be a condition
718	precedent to the conduct of the certification hearing. The
719	certification hearing shall be held at a location in proximity
720	to the proposed site. The certification hearing shall also
721	constitute the sole hearing allowed by chapter 120 to determine
722	the substantial interest of a party regarding any required
723	agency license or any related permit required pursuant to any
724	federally delegated or approved permit program. At the
725	conclusion of the certification hearing, the designated
726	administrative law judge shall, after consideration of all
727	evidence of record, submit to the board a recommended order no
728	later than 45 60 days after the filing of the hearing
729	transcript. In the event the administrative law judge fails to
730	issue a recommended order within 60 days after the filing of the
731	hearing transcript, the administrative law judge shall submit a
732	report to the board with a copy to all parties within 60 days
733	after the filing of the hearing transcript to advise the board
734	of the reason for the delay in the issuance of the recommended
735	order and of the date by which the recommended order will be
736	issued.
737	(b)  Notice of the certification hearing and notice of the
738	deadline for filing of notice of intent to be a party shall be
739	made in accordance with the requirements of s. 403.5115.
740	(3)(4)(a)  Parties to the proceeding shall include:
741	1.  The applicant.
742	2.  The Public Service Commission.
743	3.  The Department of Community Affairs.
744	4.  The Fish and Wildlife Conservation Commission.
745	5.  The water management district.
746	6.  The department.
747	7.  The regional planning council.
748	8.  The local government.
749	9.  The Department of Transportation.
750	(b)  Any party listed in paragraph (a) other than the
751	department or the applicant may waive its right to participate
752	in these proceedings. If such listed party fails to file a
753	notice of its intent to be a party on or before the 90th day
754	prior to the certification hearing, such party shall be deemed
755	to have waived its right to be a party.
756	(c)  Notwithstanding the provisions of chapter 120, upon
757	the filing with the administrative law judge of a notice of
758	intent to be a party no later than 75 days after the application
759	is filed at least 15 days prior to the date of the land use
760	hearing, the following shall also be parties to the proceeding:
761	1.  Any agency not listed in paragraph (a) as to matters
762	within its jurisdiction.
763	2.  Any domestic nonprofit corporation or association
764	formed, in whole or in part, to promote conservation or natural
765	beauty; to protect the environment, personal health, or other
766	biological values; to preserve historical sites; to promote
767	consumer interests; to represent labor, commercial, or
768	industrial groups; or to promote comprehensive planning or
769	orderly development of the area in which the proposed electrical
770	power plant is to be located.
771	(d)  Notwithstanding paragraph (e), failure of an agency
772	described in subparagraph (c)1. to file a notice of intent to be
773	a party within the time provided herein shall constitute a
774	waiver of the right of that agency to participate as a party in
775	the proceeding.
776	(e)  Other parties may include any person, including those
777	persons enumerated in paragraph (c) who have failed to timely
778	file a notice of intent to be a party, whose substantial
779	interests are affected and being determined by the proceeding
780	and who timely file a motion to intervene pursuant to chapter
781	120 and applicable rules. Intervention pursuant to this
782	paragraph may be granted at the discretion of the designated
783	administrative law judge and upon such conditions as he or she
784	may prescribe any time prior to 30 days before the commencement
785	of the certification hearing.
786	(f)  Any agency, including those whose properties or works
787	are being affected pursuant to s. 403.509(4), shall be made a
788	party upon the request of the department or the applicant.
789	(4)(a)  The order of presentation at the certification
790	hearing, unless otherwise changed by the administrative law
791	judge to ensure the orderly presentation of witnesses and
792	evidence, shall be:
793	1.  The applicant.
794	2.  The department.
795	3.  State agencies.
796	4.  Regional agencies, including regional planning councils
797	and water management districts.
798	5.  Local governments.
799	6.  Other parties.
800	(b)(5)  When appropriate, any person may be given an
801	opportunity to present oral or written communications to the
802	designated administrative law judge. If the designated
803	administrative law judge proposes to consider such
804	communications, then all parties shall be given an opportunity
805	to cross-examine or challenge or rebut such communications.
806	(5)  At the conclusion of the certification hearing, the
807	designated administrative law judge shall, after consideration
808	of all evidence of record, submit to the board a recommended
809	order no later than 45 days after the filing of the hearing
810	transcript.
811	(6)(a)  No earlier than 29 days prior to the conduct of the
812	certification hearing, the department or the applicant may
813	request that the administrative law judge cancel the
814	certification hearing and relinquish jurisdiction to the
815	department if all parties to the proceeding stipulate that there
816	are no disputed issues of fact or law to be raised at the
817	certification hearing, and if sufficient time remains for the
818	applicant and the department to publish public notices of the
819	cancellation of the hearing at least 3 days prior to the
820	scheduled date of the hearing.
821	(b)  The administrative law judge shall issue an order
822	granting or denying the request within 5 days after receipt of
823	the request.
824	(c)  If the administrative law judge grants the request,
825	the department and the applicant shall publish notices of the
826	cancellation of the certification hearing, in accordance with s.
827	403.5115.
828	(d)1.  If the administrative law judge grants the request,
829	the department shall prepare and issue a final order in
830	accordance with s. 403.509(1)(a).
831	2.  Parties may submit proposed recommended orders to the
832	department no later than 10 days after the administrative law
833	judge issues an order relinquishing jurisdiction.
834	(7)  The applicant shall pay those expenses and costs
835	associated with the conduct of the hearings and the recording
836	and transcription of the proceedings.
837	(6)  The designated administrative law judge shall have all
838	powers and duties granted to administrative law judges by
839	chapter 120 and this chapter and by the rules of the department
840	and the Administration Commission, including the authority to
841	resolve disputes over the completeness and sufficiency of an
842	application for certification.
843	(7)  The order of presentation at the certification
844	hearing, unless otherwise changed by the administrative law
845	judge to ensure the orderly presentation of witnesses and
846	evidence, shall be:
847	(a)  The applicant.
848	(b)  The department.
849	(c)  State agencies.
850	(d)  Regional agencies, including regional planning
851	councils and water management districts.
852	(e)  Local governments.
853	(f)  Other parties.
854	(8)  In issuing permits under the federally approved new
855	source review or prevention of significant deterioration permit
856	program, the department shall observe the procedures specified
857	under the federally approved state implementation plan,
858	including public notice, public comment, public hearing, and
859	notice of applications and amendments to federal, state, and
860	local agencies, to assure that all such permits issued in
861	coordination with the certification of a power plant under this
862	act are federally enforceable and are issued after opportunity
863	for informed public participation regarding the terms and
864	conditions thereof. When possible, any hearing on a federally
865	approved or delegated program permit such as new source review,
866	prevention of significant deterioration permit, or NPDES permit
867	shall be conducted in conjunction with the certification hearing
868	held under this act. The department shall accept written comment
869	with respect to an application for, or the department's
870	preliminary determination on, a new source review or prevention
871	of significant deterioration permit for a period of no less than
872	30 days from the date notice of such action is published. Upon
873	request submitted within 30 days after published notice, the
874	department shall hold a public meeting, in the area affected,
875	for the purpose of receiving public comment on issues related to
876	the new source review or prevention of significant deterioration
877	permit. If requested following notice of the department's
878	preliminary determination, the public meeting to receive public
879	comment shall be held prior to the scheduled certification
880	hearing. The department shall also solicit comments from the
881	United States Environmental Protection Agency and other affected
882	federal agencies regarding the department's preliminary
883	determination for any federally required new source review or
884	prevention of significant deterioration permit. It is the intent
885	of the Legislature that the review, processing, and issuance of
886	such federally delegated or approved permits be closely
887	coordinated with the certification process established under
888	this part. In the event of a conflict between the certification
889	process and federally required procedures contained in the state
890	implementation plan, the applicable federal requirements of the
891	implementation plan shall control.
892	Section 13.  Section 403.509, Florida Statutes, is amended
893	to read:
894	403.509  Final disposition of application.--
895	(1)(a)  If the administrative law judge has granted a
896	request to cancel the certification hearing and has relinquished
897	jurisdiction to the department under the provisions of s.
898	403.508(6), within 40 days thereafter, the secretary of the
899	department shall act upon the application by written order in
900	accordance with the terms of this act and the stipulation of the
901	parties in requesting cancellation of the certification hearing.
902	(b)  If the administrative law judge has not granted a
903	request to cancel the certification hearing under the provisions
904	of s. 403.508(6), within 60 days after receipt of the designated
905	administrative law judge's recommended order, the board shall
906	act upon the application by written order, approving
907	certification or denying certification the issuance of a
908	certificate, in accordance with the terms of this act, and
909	stating the reasons for issuance or denial. If certification the
910	certificate is denied, the board shall set forth in writing the
911	action the applicant would have to take to secure the board's
912	approval of the application.
913	(2)  The issues that may be raised in any hearing before
914	the board shall be limited to those matters raised in the
915	certification proceeding before the administrative law judge or
916	raised in the recommended order. All parties, or their
917	representatives, or persons who appear before the board shall be
918	subject to the provisions of s. 120.66.
919	(3)  In determining whether an application should be
920	approved in whole, approved with modifications or conditions, or
921	denied, the board, or secretary when applicable, shall consider
922	whether, and the extent to which, the location of the electrical
923	power plant and directly associated facilities and their
924	construction and operation will:
925	(a)  Provide reasonable assurance that operational
926	safeguards are technically sufficient for the public welfare and
927	protection.
928	(b)  Comply with applicable nonprocedural requirements of
929	agencies.
930	(c)  Be consistent with applicable local government
931	comprehensive plans and land development regulations.
932	(d)  Meet the electrical energy needs of the state in an
933	orderly and timely fashion.
934	(e)  Effect a reasonable balance between the need for the
935	facility as established pursuant to s. 403.519, and the impacts
936	upon air and water quality, fish and wildlife, water resources,
937	and other natural resources of the state resulting from the
938	construction and operation of the facility.
939	(f)  Minimize, through the use of reasonable and available
940	methods, the adverse effects on human health, the environment,
941	and the ecology of the land and its wildlife and the ecology of
942	state waters and their aquatic life.
943	(g)  Serve and protect the broad interests of the public.
944	(3)  Within 30 days after issuance of the certification,
945	the department shall issue and forward to the United States
946	Environmental Protection Agency a proposed operation permit for
947	a major source of air pollution and must issue or deny any other
948	license required pursuant to any federally delegated or approved
949	permit program. The department's action on the license and its
950	action on the proposed operation permit for a major source of
951	air pollution shall be based upon the record and recommended
952	order of the certification hearing. The department's actions on
953	a federally required new source review or prevention of
954	significant deterioration permit shall be based on the record
955	and recommended order of the certification hearing and of any
956	other proceeding held in connection with the application for a
957	new source review or prevention of significant deterioration
958	permit, on timely public comments received with respect to the
959	application or preliminary determination for such permit, and on
960	the provisions of the state implementation plan.
961	(4)  The department's action on a federally required new
962	source review or prevention of significant deterioration permit
963	shall differ from the actions taken by the siting board
964	regarding the certification if the federally approved state
965	implementation plan requires such a different action to be taken
966	by the department. Nothing in this part shall be construed to
967	displace the department's authority as the final permitting
968	entity under the federally approved permit program. Nothing in
969	this part shall be construed to authorize the issuance of a new
970	source review or prevention of significant deterioration permit
971	which does not conform to the requirements of the federally
972	approved state implementation plan. Any final operation permit
973	for a major source of air pollution must be issued in accordance
974	with the provisions of s. 403.0872. Unless the federally
975	delegated or approved permit program provides otherwise,
976	licenses issued by the department under this subsection shall be
977	effective for the term of the certification issued by the board.
978	If renewal of any license issued by the department pursuant to a
979	federally delegated or approved permit program is required, such
980	renewal shall not affect the certification issued by the board,
981	except as necessary to resolve inconsistencies pursuant to s.
982	403.516(1)(a).
983	(5)(4)  In regard to the properties and works of any agency
984	which is a party to the certification hearing, the board shall
985	have the authority to decide issues relating to the use, the
986	connection thereto, or the crossing thereof, for the electrical
987	power plant and directly associated facilities site and to
988	direct any such agency to execute, within 30 days after the
989	entry of certification, the necessary license or easement for
990	such use, connection, or crossing, subject only to the
991	conditions set forth in such certification.
992	(6)(5)  Except for the issuance of any operation permit for
993	a major source of air pollution pursuant to s. 403.0872, The
994	issuance or denial of the certification by the board or
995	secretary of the department and the issuance or denial of any
996	related department license required pursuant to any federally
997	delegated or approved permit program shall be the final
998	administrative action required as to that application.
999	(6)  All certified electrical power plants must apply for
1000	and obtain a major source air-operation permit pursuant to s.
1001	403.0872. Major source air-operation permit applications for
1002	certified electrical power plants must be submitted pursuant to
1003	a schedule developed by the department. To the extent that any
1004	conflicting provision, limitation, or restriction under any
1005	rule, regulation, or ordinance imposed by any political
1006	subdivision of the state, or by any local pollution control
1007	program, was superseded during the certification process
1008	pursuant to s. 403.510(1), such rule, regulation, or ordinance
1009	shall continue to be superseded for purposes of the major source
1010	air-operation permit program under s. 403.0872.
1011	Section 14.  Section 403.511, Florida Statutes, is amended
1012	to read:
1013	403.511  Effect of certification.--
1014	(1)  Subject to the conditions set forth therein, any
1015	certification signed by the Governor shall constitute the sole
1016	license of the state and any agency as to the approval of the
1017	site and the construction and operation of the proposed
1018	electrical power plant, except for the issuance of department
1019	licenses required under any federally delegated or approved
1020	permit program and except as otherwise provided in subsection
1021	(4).
1022	(2)(a)  The certification shall authorize the licensee
1023	applicant named therein to construct and operate the proposed
1024	electrical power plant, subject only to the conditions of
1025	certification set forth in such certification, and except for
1026	the issuance of department licenses or permits required under
1027	any federally delegated or approved permit program.
1028	(b)1.  Except as provided in subsection (4), the
1029	certification may include conditions which constitute variances,
1030	exemptions, or exceptions from nonprocedural requirements of the
1031	department or any agency which were expressly considered during
1032	the proceeding, including, but not limited to, any site specific
1033	criteria, standards, or limitations under local land use and
1034	zoning approvals which affect the proposed electrical power
1035	plant or its site, unless waived by the agency as provided below
1036	and which otherwise would be applicable to the construction and
1037	operation of the proposed electrical power plant.
1038	2.  No variance, exemption, exception, or other relief
1039	shall be granted from a state statute or rule for the protection
1040	of endangered or threatened species, aquatic preserves,
1041	Outstanding National Resource Waters, or Outstanding Florida
1042	Waters or for the disposal of hazardous waste, except to the
1043	extent authorized by the applicable statute or rule or except
1044	upon a finding in the certification order by the siting board
1045	that the public interests set forth in s. 403.509(3) 403.502 in
1046	certifying the electrical power plant at the site proposed by
1047	the applicant overrides the public interest protected by the
1048	statute or rule from which relief is sought. Each party shall
1049	notify the applicant and other parties at least 60 days prior to
1050	the certification hearing of any nonprocedural requirements not
1051	specifically listed in the application from which a variance,
1052	exemption, exception, or other relief is necessary in order for
1053	the board to certify any electrical power plant proposed for
1054	certification. Failure of such notification by an agency shall
1055	be treated as a waiver from nonprocedural requirements of the
1056	department or any other agency. However, no variance shall be
1057	granted from standards or regulations of the department
1058	applicable under any federally delegated or approved permit
1059	program, except as expressly allowed in such program.
1060	(3)  The certification and any order on land use and zoning
1061	issued under this act shall be in lieu of any license, permit,
1062	certificate, or similar document required by any state,
1063	regional, or local agency pursuant to, but not limited to,
1064	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
1065	chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
1066	chapter 380, chapter 381, chapter 387, chapter 403, except for
1067	permits issued pursuant to any federally delegated or approved
1068	permit program s. 403.0885 and except as provided in s.
1069	403.509(3) and (6), chapter 404, or the Florida Transportation
1070	Code, or 33 U.S.C. s. 1341.
1071	(4)  This act shall not affect in any way the ratemaking
1072	powers of the Public Service Commission under chapter 366; nor
1073	shall this act in any way affect the right of any local
1074	government to charge appropriate fees or require that
1075	construction be in compliance with applicable building
1076	construction codes.
1077	(5)(a)  An electrical power plant certified pursuant to
1078	this act shall comply with rules adopted by the department
1079	subsequent to the issuance of the certification which prescribe
1080	new or stricter criteria, to the extent that the rules are
1081	applicable to electrical power plants. Except when express
1082	variances, exceptions, exemptions, or other relief have been
1083	granted, subsequently adopted rules which prescribe new or
1084	stricter criteria shall operate as automatic modifications to
1085	certifications.
1086	(b)  Upon written notification to the department, any
1087	holder of a certification issued pursuant to this act may choose
1088	to operate the certified electrical power plant in compliance
1089	with any rule subsequently adopted by the department which
1090	prescribes criteria more lenient than the criteria required by
1091	the terms and conditions in the certification which are not
1092	site-specific.
1093	(c)  No term or condition of certification shall be
1094	interpreted to preclude the postcertification exercise by any
1095	party of whatever procedural rights it may have under chapter
1096	120, including those related to rulemaking proceedings. This
1097	subsection shall apply to previously issued certifications.
1098	(6)  No term or condition of a site certification shall be
1099	interpreted to supersede or control the provisions of a final
1100	operation permit for a major source of air pollution issued by
1101	the department pursuant to s. 403.0872 to a such facility
1102	certified under this part.
1103	(7)  Pursuant to s. 380.23, electrical power plants are
1104	subject to the federal coastal consistency review program.
1105	Issuance of certification shall constitute the state's
1106	certification of coastal zone consistency.
1107	Section 15.  Section 403.5112, Florida Statutes, is created
1108	to read:
1109	403.5112  Filing of notice of certified corridor route.--
1110	(1)  Within 60 days after certification of a directly
1111	associated linear facility pursuant to this act, the applicant
1112	shall file, in accordance with s. 28.222, with the department
1113	and the clerk of the circuit court for each county through which
1114	the corridor will pass, a notice of the certified route.
1115	(2)  The notice shall consist of maps or aerial photographs
1116	in the scale of 1:24,000 which clearly show the location of the
1117	certified route and shall state that the certification of the
1118	corridor will result in the acquisition of rights-of-way within
1119	the corridor. Each clerk shall record the filing in the official
1120	record of the county for the duration of the certification or
1121	until such time as the applicant certifies to the department and
1122	the clerk that all lands required for the transmission line
1123	rights-of-way within the corridor have been acquired within such
1124	county, whichever is sooner.
1125	Section 16.  Section 403.5113, Florida Statutes, is created
1126	to read:
1127	403.5113  Postcertification amendments.--
1128	(1)  If, subsequent to certification by the board, a
1129	licensee proposes any material change to the application and
1130	revisions or amendments thereto, as certified, the licensee
1131	shall submit a written request for amendment and a description
1132	of the proposed change to the application to the department.
1133	Within 30 days after the receipt of the request for the
1134	amendment, the department shall determine whether the proposed
1135	change to the application requires a modification of the
1136	conditions of certification.
1137	(2)  If the department concludes that the change would not
1138	require a modification of the conditions of certification, the
1139	department shall provide written notification of the approval of
1140	the proposed amendment to the licensee, all agencies, and all
1141	other parties.
1142	(3)  If the department concludes that the change would
1143	require a modification of the conditions of certification, the
1144	department shall provide written notification to the licensee
1145	that the proposed change to the application requires a request
1146	for modification pursuant to s. 403.516.
1147	(4)  Postcertification submittals filed by the licensee
1148	with one or more agencies are for the purpose of monitoring for
1149	compliance with the issued certification and must be reviewed by
1150	the agencies on an expedited and priority basis because each
1151	facility certified under this act is a critical infrastructure
1152	facility. In no event shall a postcertification review be
1153	completed in more than 90 days after complete information is
1154	submitted to the reviewing agencies.
1155	Section 17.  Section 403.5115, Florida Statutes, is amended
1156	to read:
1157	403.5115  Public notice; costs of proceeding.--
1158	(1)  The following notices are to be published by the
1159	applicant:
1160	(a)  Notice A notice of the filing of a notice of intent
1161	under s. 403.5063, which shall be published within 21 days after
1162	the filing of the notice. The notice shall be published as
1163	specified by subsection (2), except that the newspaper notice
1164	shall be one-fourth page in size in a standard size newspaper or
1165	one-half page in size in a tabloid size newspaper.
1166	(b)  Notice A notice of filing of the application, which
1167	shall include a description of the proceedings required by this
1168	act, within 21 days after the date of the application filing be
1169	published as specified in subsection (2), within 15 days after
1170	the application has been determined complete. Such notice shall
1171	give notice of the provisions of s. 403.511(1) and (2) and that
1172	the application constitutes a request for a federally required
1173	new source review or prevention of significant deterioration
1174	permit.
1175	(c)  Notice of the land use determination made pursuant to
1176	s. 403.50665(1) within 21 days after the determination is filed.
1177	(d)  Notice of the land use hearing, which shall be
1178	published as specified in subsection (2), no later than 15 45
1179	days before the hearing.
1180	(e)(d)  Notice of the certification hearing and notice of
1181	the deadline for filing notice of intent to be a party, which
1182	shall be published as specified in subsection (2), at least 65
1183	days before the date set for the certification no later than 45
1184	days before the hearing.
1185	(f)  Notice of the cancellation of the certification
1186	hearing, if applicable, no later than 3 days before the date of
1187	the originally scheduled certification hearing.
1188	(g)(e)  Notice of modification when required by the
1189	department, based on whether the requested modification of
1190	certification will significantly increase impacts to the
1191	environment or the public. Such notice shall be published as
1192	specified under subsection (2):
1193	1.  Within 21 days after receipt of a request for
1194	modification., except that The newspaper notice shall be of a
1195	size as directed by the department commensurate with the scope
1196	of the modification.
1197	2.  If a hearing is to be conducted in response to the
1198	request for modification, then notice shall be published no
1199	later than 30 days before the hearing provided as specified in
1200	paragraph (d).
1201	(h)(f)  Notice of a supplemental application, which shall
1202	be published as specified in paragraph (b) and subsection (2).
1203	follows:
1204	1.  Notice of receipt of the supplemental application shall
1205	be published as specified in paragraph (b).
1206	2.  Notice of the certification hearing shall be published
1207	as specified in paragraph (d).
1208	(i)  Notice of existing site certification pursuant to s.
1209	403.5175. Notices shall be published as specified in paragraph
1210	(b) and subsection (2).
1211	(2)  Notices provided by the applicant shall be published
1212	in newspapers of general circulation within the county or
1213	counties in which the proposed electrical power plant will be
1214	located. The newspaper notices shall be at least one-half page
1215	in size in a standard size newspaper or a full page in a tabloid
1216	size newspaper and published in a section of the newspaper other
1217	than the legal notices section. These notices shall include a
1218	map generally depicting the project and all associated
1219	facilities corridors. A newspaper of general circulation shall
1220	be the newspaper which has the largest daily circulation in that
1221	county and has its principal office in that county. If the
1222	newspaper with the largest daily circulation has its principal
1223	office outside the county, the notices shall appear in both the
1224	newspaper having the largest circulation in that county and in a
1225	newspaper authorized to publish legal notices in that county.
1226	(3)  All notices published by the applicant shall be paid
1227	for by the applicant and shall be in addition to the application
1228	fee.
1229	(4)  The department shall arrange for publication of the
1230	following notices in the manner specified by chapter 120 and
1231	provide copies of those notices to any persons who have
1232	requested to be placed on the departmental mailing list for this
1233	purpose:
1234	(a)  Notice Publish in the Florida Administrative Weekly
1235	notices of the filing of the notice of intent within 15 days
1236	after receipt of the notice.;
1237	(b)  Notice of the filing of the application, no later than
1238	21 days after the application filing.;
1239	(c)  Notice of the land use determination made pursuant to
1240	s. 403.50665(1) within 21 days after the determination is filed.
1241	(d)  Notice of the land use hearing before the
1242	administrative law judge, if applicable, no later than 15 days
1243	before the hearing.;
1244	(e)  Notice of the land use hearing before the board, if
1245	applicable.
1246	(f)  Notice of the certification hearing at least 45 days
1247	before the date set for the certification hearing.;
1248	(g)  Notice of the cancellation of the certification
1249	hearing, if applicable, no later than 3 days prior to the date
1250	of the originally scheduled certification hearing.
1251	(h)  Notice of the hearing before the board, if
1252	applicable.; and
1253	(i)  Notice of stipulations, proposed agency action, or
1254	petitions for modification.; and
1255	(b)  Provide copies of those notices to any persons who
1256	have requested to be placed on the departmental mailing list for
1257	this purpose.
1258	(5)  The applicant shall pay those expenses and costs
1259	associated with the conduct of the hearings and the recording
1260	and transcription of the proceedings.
1261	Section 18.  Section 403.513, Florida Statutes, is amended
1262	to read:
1263	403.513  Review.--Proceedings under this act shall be
1264	subject to judicial review as provided in chapter 120. When
1265	possible, separate appeals of the certification order issued by
1266	the board and of any department permit issued pursuant to a
1267	federally delegated or approved permit program may shall be
1268	consolidated for purposes of judicial review.
1269	Section 19.  Section 403.516, Florida Statutes, is amended
1270	to read:
1271	403.516  Modification of certification.--
1272	(1)  A certification may be modified after issuance in any
1273	one of the following ways:
1274	(a)  The board may delegate to the department the authority
1275	to modify specific conditions in the certification.
1276	(b)1.  The department may modify specific conditions of a
1277	site certification which are inconsistent with the terms of any
1278	federally delegated or approved final air pollution operation
1279	permit for the certified electrical power plant issued by the
1280	United States Environmental Protection Agency under the terms of
1281	42 U.S.C. s. 7661d.
1282	2.  Such modification may be made without further notice if
1283	the matter has been previously noticed under the requirements
1284	for any federally delegated or approved permit program.
1285	(c)  The licensee may file a petition for modification with
1286	the department, or the department may initiate the modification
1287	upon its own initiative.
1288	1.  A petition for modification must set forth:
1289	a.  The proposed modification.
1290	b.  The factual reasons asserted for the modification.
1291	c.  The anticipated environmental effects of the proposed
1292	modification.
1293	2.(b)  The department may modify the terms and conditions
1294	of the certification if no party to the certification hearing
1295	objects in writing to such modification within 45 days after
1296	notice by mail to such party's last address of record, and if no
1297	other person whose substantial interests will be affected by the
1298	modification objects in writing within 30 days after issuance of
1299	public notice.
1300	3.  If objections are raised or the department denies the
1301	request, the applicant or department may file a request petition
1302	for a hearing on the modification with the department. Such
1303	request shall be handled pursuant to chapter 120 paragraph (c).
1304	(c)  A petition for modification may be filed by the
1305	applicant or the department setting forth:
1306	1.  The proposed modification,
1307	2.  The factual reasons asserted for the modification, and
1308	3.  The anticipated effects of the proposed modification on
1309	the applicant, the public, and the environment.
1310
1311	The petition for modification shall be filed with the department
1312	and the Division of Administrative Hearings.
1313	4.  Requests referred to the Division of Administrative
1314	Hearings shall be disposed of in the same manner as an
1315	application, but with time periods established by the
1316	administrative law judge commensurate with the significance of
1317	the modification requested.
1318	(d)  As required by s. 403.511(5).
1319	(2)  Petitions filed pursuant to paragraph (1)(c) shall be
1320	disposed of in the same manner as an application, but with time
1321	periods established by the administrative law judge commensurate
1322	with the significance of the modification requested.
1323	(2)(3)  Any agreement or modification under this section
1324	must be in accordance with the terms of this act. No
1325	modification to a certification shall be granted that
1326	constitutes a variance from standards or regulations of the
1327	department applicable under any federally delegated or approved
1328	permit program, except as expressly allowed in such program.
1329	Section 20.  Section 403.517, Florida Statutes, is amended
1330	to read:
1331	403.517  Supplemental applications for sites certified for
1332	ultimate site capacity.--
1333	(1)(a)  Supplemental The department shall adopt rules
1334	governing the processing of supplemental applications may be
1335	submitted for certification of the construction and operation of
1336	electrical power plants to be located at sites which have been
1337	previously certified for an ultimate site capacity pursuant to
1338	this act. Supplemental applications shall be limited to
1339	electrical power plants using the fuel type previously certified
1340	for that site. Such applications shall include all new directly
1341	associated facilities that support the construction and
1342	operation of the electrical power plant. The rules adopted
1343	pursuant to this section shall include provisions for:
1344	1.  Prompt appointment of a designated administrative law
1345	judge.
1346	2.  The contents of the supplemental application.
1347	3.  Resolution of disputes as to the completeness and
1348	sufficiency of supplemental applications by the designated
1349	administrative law judge.
1350	4.  Public notice of the filing of the supplemental
1351	applications.
1352	5.  Time limits for prompt processing of supplemental
1353	applications.
1354	6.  Final disposition by the board within 215 days of the
1355	filing of a complete supplemental application.
1356	(b)  The review shall use the same procedural steps and
1357	notices as for an initial application.
1358	(c)  The time limits for the processing of a complete
1359	supplemental application shall be designated by the department
1360	commensurate with the scope of the supplemental application, but
1361	shall not exceed any time limitation governing the review of
1362	initial applications for site certification pursuant to this
1363	act, it being the legislative intent to provide shorter time
1364	limitations for the processing of supplemental applications for
1365	electrical power plants to be constructed and operated at sites
1366	which have been previously certified for an ultimate site
1367	capacity.
1368	(d)(c)  Any time limitation in this section or in rules
1369	adopted pursuant to this section may be altered pursuant to s.
1370	403.5095 by the designated administrative law judge upon
1371	stipulation between the department and the applicant, unless
1372	objected to by any party within 5 days after notice, or for good
1373	cause shown by any party. The parties to the proceeding shall
1374	adhere to the provisions of chapter 120 and this act in
1375	considering and processing such supplemental applications.
1376	(2)  Supplemental applications shall be reviewed as
1377	provided in ss. 403.507-403.511, except that the time limits
1378	provided in this section shall apply to such supplemental
1379	applications.
1380	(2)(3)  The land use and zoning consistency determination
1381	of s. 403.50665 hearing requirements of s. 403.508(1) and (2)
1382	shall not be applicable to the processing of supplemental
1383	applications pursuant to this section so long as:
1384	(a)  The previously certified ultimate site capacity is not
1385	exceeded; and
1386	(b)  The lands required for the construction or operation
1387	of the electrical power plant which is the subject of the
1388	supplemental application are within the boundaries of the
1389	previously certified site.
1390	(4)  For the purposes of this act, the term "ultimate site
1391	capacity" means the maximum generating capacity for a site as
1392	certified by the board.
1393	Section 21.  Section 403.5175, Florida Statutes, is amended
1394	to read:
1395	403.5175  Existing electrical power plant site
1396	certification.--
1397	(1)  An electric utility that owns or operates an existing
1398	electrical power plant as defined in s. 403.503(13)(12) may
1399	apply for certification of an existing power plant and its site
1400	in order to obtain all agency licenses necessary to ensure
1401	assure compliance with federal or state environmental laws and
1402	regulation using the centrally coordinated, one-stop licensing
1403	process established by this part. An application for site
1404	certification under this section must be in the form prescribed
1405	by department rule. Applications must be reviewed and processed
1406	using the same procedural steps and notices as for an
1407	application for a new facility in accordance with ss. 403.5064-
1408	403.5115, except that a determination of need by the Public
1409	Service Commission is not required.
1410	(2)  An application for certification under this section
1411	must include:
1412	(a)  A description of the site and existing power plant
1413	installations;
1414	(b)  A description of all proposed changes or alterations
1415	to the site or electrical power plant, including all new
1416	associated facilities that are the subject of the application;
1417	(c)  A description of the environmental and other impacts
1418	caused by the existing utilization of the site and directly
1419	associated facilities, and the operation of the electrical power
1420	plant that is the subject of the application, and of the
1421	environmental and other benefits, if any, to be realized as a
1422	result of the proposed changes or alterations if certification
1423	is approved and such other information as is necessary for the
1424	reviewing agencies to evaluate the proposed changes and the
1425	expected impacts;
1426	(d)  The justification for the proposed changes or
1427	alterations;
1428	(e)  Copies of all existing permits, licenses, and
1429	compliance plans authorizing utilization of the site and
1430	directly associated facilities or operation of the electrical
1431	power plant that is the subject of the application.
1432	(3)  The land use and zoning determination hearing
1433	requirements of s. 403.50665 s. 403.508(1) and (2) do not apply
1434	to an application under this section if the applicant does not
1435	propose to expand the boundaries of the existing site. If the
1436	applicant proposes to expand the boundaries of the existing site
1437	to accommodate portions of the plant or associated facilities, a
1438	land use and zoning determination shall be made hearing must be
1439	held as specified in s. 403.50665 s. 403.508(1) and (2);
1440	provided, however, that the sole issue for determination through
1441	the land use hearing is whether the proposed site expansion is
1442	consistent and in compliance with the existing land use plans
1443	and zoning ordinances.
1444	(4)  In considering whether an application submitted under
1445	this section should be approved in whole, approved with
1446	appropriate conditions, or denied, the board shall consider
1447	whether, and to the extent to which the proposed changes to the
1448	electrical power plant and its continued operation under
1449	certification will:
1450	(a)  Comply with the provisions of s. 403.509(3).
1451	applicable nonprocedural requirements of agencies;
1452	(b)  Result in environmental or other benefits compared to
1453	current utilization of the site and operations of the electrical
1454	power plant if the proposed changes or alterations are
1455	undertaken.;
1456	(c)  Minimize, through the use of reasonable and available
1457	methods, the adverse effects on human health, the environment,
1458	and the ecology of the land and its wildlife and the ecology of
1459	state waters and their aquatic life; and
1460	(d)  Serve and protect the broad interests of the public.
1461	(5)  An applicant's failure to receive approval for
1462	certification of an existing site or an electrical power plant
1463	under this section is without prejudice to continued operation
1464	of the electrical power plant or site under existing agency
1465	licenses.
1466	Section 22.  Section 403.518, Florida Statutes, is amended
1467	to read:
1468	403.518  Fees; disposition.--
1469	(1)  The department shall charge the applicant the
1470	following fees, as appropriate, which, unless otherwise
1471	specified, shall be paid into the Florida Permit Fee Trust Fund:
1472	(1)(a)  A fee for a notice of intent pursuant to s.
1473	403.5063, in the amount of $2,500, to be submitted to the
1474	department at the time of filing of a notice of intent. The
1475	notice-of-intent fee shall be used and disbursed in the same
1476	manner as the application fee.
1477	(2)(b)  An application fee, which shall not exceed
1478	$200,000. The fee shall be fixed by rule on a sliding scale
1479	related to the size, type, ultimate site capacity, or increase
1480	in electrical generating capacity proposed by the application,
1481	or the number and size of local governments in whose
1482	jurisdiction the electrical power plant is located.
1483	(a)1.  Sixty percent of the fee shall go to the department
1484	to cover any costs associated with coordinating the review
1485	reviewing and acting upon the application, to cover any field
1486	services associated with monitoring construction and operation
1487	of the facility, and to cover the costs of the public notices
1488	published by the department.
1489	(b)2.  The following percentages Twenty percent of the fee
1490	or $25,000, whichever is greater, shall be transferred to the
1491	Administrative Trust Fund of the Division of Administrative
1492	Hearings of the Department of Management Services:.
1493	1.  Five percent to compensate expenses from the initial
1494	exercise of duties associated with the filing of an application.
1495	2.  An additional 5 percent if a land use hearing is held
1496	pursuant to s. 403.508.
1497	3.  An additional 10 percent if a certification hearing is
1498	held pursuant to s. 403.508.
1499	(c)1.3.  Upon written request with proper itemized
1500	accounting within 90 days after final agency action by the board
1501	or withdrawal of the application, the agencies that prepared
1502	reports pursuant to s. 403.507 or participated in a hearing
1503	pursuant to s. 403.508 may submit a written request to the
1504	department for reimbursement of expenses incurred during the
1505	certification proceedings. The request shall contain an
1506	accounting of expenses incurred which may include time spent
1507	reviewing the application, the department shall reimburse the
1508	Department of Community Affairs, the Fish and Wildlife
1509	Conservation Commission, and any water management district
1510	created pursuant to chapter 373, regional planning council, and
1511	local government in the jurisdiction of which the proposed
1512	electrical power plant is to be located, and any other agency
1513	from which the department requests special studies pursuant to
1514	s. 403.507(2)(a)7. Such reimbursement shall be authorized for
1515	the preparation of any studies required of the agencies by this
1516	act, and for agency travel and per diem to attend any hearing
1517	held pursuant to this act, and for any agency or local
1518	government's provision of notice of public meetings or hearings
1519	required as a result of the application for certification
1520	governments to participate in the proceedings. The department
1521	shall review the request and verify that the expenses are valid.
1522	Valid expenses shall be reimbursed; however, in the event the
1523	amount of funds available for reimbursement allocation is
1524	insufficient to provide for full compensation complete
1525	reimbursement to the agencies requesting reimbursement,
1526	reimbursement shall be on a prorated basis.
1527	2.  If the application review is held in abeyance for more
1528	than 1 year, the agencies may submit a request for
1529	reimbursement.
1530	(d)4.  If any sums are remaining, the department shall
1531	retain them for its use in the same manner as is otherwise
1532	authorized by this act; provided, however, that if the
1533	certification application is withdrawn, the remaining sums shall
1534	be refunded to the applicant within 90 days after withdrawal.
1535	(3)(a)(c)  A certification modification fee, which shall
1536	not exceed $30,000. The department shall establish rules for
1537	determining such a fee based on the equipment redesign, change
1538	in site size, type, increase in generating capacity proposed, or
1539	change in an associated linear facility location.
1540	(b)  The fee shall be submitted to the department with a
1541	formal petition for modification to the department pursuant to
1542	s. 403.516. This fee shall be established, disbursed, and
1543	processed in the same manner as the application fee in
1544	subsection (2) paragraph (b), except that the Division of
1545	Administrative Hearings shall not receive a portion of the fee
1546	unless the petition for certification modification is referred
1547	to the Division of Administrative Hearings for hearing. If the
1548	petition is so referred, only $10,000 of the fee shall be
1549	transferred to the Administrative Trust Fund of the Division of
1550	Administrative Hearings of the Department of Management
1551	Services. The fee for a modification by agreement filed pursuant
1552	to s. 403.516(1)(b) shall be $10,000 to be paid upon the filing
1553	of the request for modification. Any sums remaining after
1554	payment of authorized costs shall be refunded to the applicant
1555	within 90 days of issuance or denial of the modification or
1556	withdrawal of the request for modification.
1557	(4)(d)  A supplemental application fee, not to exceed
1558	$75,000, to cover all reasonable expenses and costs of the
1559	review, processing, and proceedings of a supplemental
1560	application. This fee shall be established, disbursed, and
1561	processed in the same manner as the certification application
1562	fee in subsection (2) paragraph (b), except that only $20,000 of
1563	the fee shall be transferred to the Administrative Trust Fund of
1564	the Division of Administrative Hearings of the Department of
1565	Management Services.
1566	(5)(e)  An existing site certification application fee, not
1567	to exceed $200,000, to cover all reasonable costs and expenses
1568	of the review processing and proceedings for certification of an
1569	existing power plant site under s. 403.5175. This fee must be
1570	established, disbursed, and processed in the same manner as the
1571	certification application fee in subsection (2) paragraph (b).
1572	(2)  Effective upon the date commercial operation begins,
1573	the operator of an electrical power plant certified under this
1574	part is required to pay to the department an annual operation
1575	license fee as specified in s. 403.0872(11) to be deposited in
1576	the Air Pollution Control Trust Fund.
1577	Section 23.  Any application for electrical power plant
1578	certification filed pursuant to ss. 403.501-403.518, Florida
1579	Statutes, shall be processed under the provisions of the law
1580	applicable at the time the application was filed, except that
1581	the provisions relating to cancellation of the certification
1582	hearing under s. 403.508(6), Florida Statutes, the provisions
1583	relating to the final disposition of the application and
1584	issuance of the written order by the secretary under s.
1585	403.509(1)(a), Florida Statutes, and notice of the cancellation
1586	of the certification hearing under s. 403.5115, Florida
1587	Statutes, may apply to any application for electrical power
1588	plant certification.
1589	Section 24.  Section 403.519, Florida Statutes, is amended
1590	to read:
1591	403.519  Exclusive forum for determination of need.--
1592	(1)  On request by an applicant or on its own motion, the
1593	commission shall begin a proceeding to determine the need for an
1594	electrical power plant subject to the Florida Electrical Power
1595	Plant Siting Act.
1596	(2)  The applicant commission shall publish a notice of the
1597	proceeding in a newspaper of general circulation in each county
1598	in which the proposed electrical power plant will be located.
1599	The notice shall be at least one-quarter of a page and published
1600	at least 21 45 days prior to the scheduled date for the
1601	proceeding. The commission shall publish notice of the
1602	proceeding in the manner specified by chapter 120 at least 21
1603	days prior to the scheduled date for the proceeding.
1604	(3)  The commission shall be the sole forum for the
1605	determination of this matter, which accordingly shall not be
1606	raised in any other forum or in the review of proceedings in
1607	such other forum. In making its determination, the commission
1608	shall take into account the need for electric system reliability
1609	and integrity, the need for adequate electricity at a reasonable
1610	cost, the need for fuel diversity and supply reliability, and
1611	whether the proposed plant is the most cost-effective
1612	alternative available. The commission shall also expressly
1613	consider the conservation measures taken by or reasonably
1614	available to the applicant or its members which might mitigate
1615	the need for the proposed plant and other matters within its
1616	jurisdiction which it deems relevant. The commission's
1617	determination of need for an electrical power plant shall create
1618	a presumption of public need and necessity and shall serve as
1619	the commission's report required by s. 403.507(4)
1620	403.507(2)(a)2. An order entered pursuant to this section
1621	constitutes final agency action.
1622	(4)  In making its determination on a proposed electrical
1623	power plant using nuclear materials as fuel, the commission
1624	shall hold a hearing within 90 days after the filing of the
1625	petition to determine need and shall issue an order granting or
1626	denying the petition within 135 days after the date of the
1627	filing of the petition. The commission shall be the sole forum
1628	for the determination of this matter and the issues addressed in
1629	the petition, which accordingly shall not be reviewed in any
1630	other forum, or in the review of proceedings in such other
1631	forum. In making its determination to either grant or deny the
1632	petition, the commission shall consider the need for electric
1633	system reliability and integrity, including fuel diversity, the
1634	need for base-load generating capacity, and the need for
1635	adequate electricity at a reasonable cost.
1636	(a)  The applicant's petition shall include:
1637	1.  A description of the need for the generation capacity.
1638	2.  A description of how the proposed nuclear power plant
1639	will enhance the reliability of electric power production within
1640	the state by improving the balance of power plant fuel diversity
1641	and reducing Florida's dependence on fuel oil and natural gas.
1642	3.  A description of and a nonbinding estimate of the cost
1643	of the nuclear power plant.
1644	4.  The annualized base revenue requirement for the first
1645	12 months of operation of the nuclear power plant.
1646	5.  Information on whether there were any discussions with
1647	any electric utilities regarding ownership of a portion of the
1648	plant by such electric utilities.
1649	(b)  In making its determination, the commission shall take
1650	into account matters within its jurisdiction, which it deems
1651	relevant, including whether the nuclear power plant will:
1652	1.  Provide needed base-load capacity.
1653	2.  Enhance the reliability of electric power production
1654	within the state by improving the balance of power plant fuel
1655	diversity and reducing Florida's dependence on fuel oil and
1656	natural gas.
1657	3.  Provide the most cost-effective source of power, taking
1658	into account the need to improve the balance of fuel diversity,
1659	reduce Florida's dependence on fuel oil and natural gas, reduce
1660	air emission compliance costs, and contribute to the long-term
1661	stability and reliability of the electric grid.
1662	(c)  No provision of rule 25-22.082, Florida Administrative
1663	Code, shall be applicable to a nuclear power plant sited under
1664	this act, including provisions for cost recovery, and an
1665	applicant shall not otherwise be required to secure competitive
1666	proposals for power supply prior to making application under
1667	this act or receiving a determination of need from the
1668	commission.
1669	(d)  The commission's determination of need for a nuclear
1670	power plant shall create a presumption of public need and
1671	necessity and shall serve as the commission's report required by
1672	s. 403.507(4)(a). An order entered pursuant to this section
1673	constitutes final agency action. Any petition for
1674	reconsideration of a final order on a petition for need
1675	determination shall be filed within 5 days after the date of
1676	such order. The commission's final order, including any order on
1677	reconsideration, shall be reviewable on appeal in the Florida
1678	Supreme Court. Inasmuch as delay in the determination of need
1679	will delay siting of a nuclear power plant or diminish the
1680	opportunity for savings to customers under the federal Energy
1681	Policy Act of 2005, the Supreme Court shall proceed to hear and
1682	determine the action as expeditiously as practicable and give
1683	the action precedence over matters not accorded similar
1684	precedence by law.
1685	(e)  After a petition for determination of need for a
1686	nuclear power plant has been granted, the right of a utility to
1687	recover any costs incurred prior to commercial operation,
1688	including, but not limited to, costs associated with the siting,
1689	design, licensing, or construction of the plant, shall not be
1690	subject to challenge unless and only to the extent the
1691	commission finds, based on a preponderance of the evidence
1692	adduced at a hearing before the commission under s. 120.57, that
1693	certain costs were imprudently incurred. Proceeding with the
1694	construction of the nuclear power plant following an order by
1695	the commission approving the need for the nuclear power plant
1696	under this act shall not constitute or be evidence of
1697	imprudence. Imprudence shall not include any cost increases due
1698	to events beyond the utility's control. Further, a utility's
1699	right to recover costs associated with a nuclear power plant may
1700	not be raised in any other forum or in the review of proceedings
1701	in such other forum. Costs incurred prior to commercial
1702	operation shall be recovered pursuant to chapter 366.
1703	Section 25.  Section 366.93, Florida Statutes, is created
1704	to read:
1705	366.93  Cost recovery for the siting, design, licensing,
1706	and construction of nuclear power plants.--
1707	(1)  As used in this section, the term:
1708	(a)  "Cost" includes, but is not limited to, all capital
1709	investments, including rate of return, any applicable taxes, and
1710	all expenses, including operation and maintenance expenses,
1711	related to or resulting from the siting, licensing, design,
1712	construction, or operation of the nuclear power plant.
1713	(b)  "Electric utility" or "utility" has the same meaning
1714	as that provided in s. 366.8255(1)(a).
1715	(c)  "Nuclear power plant" or "plant" is an electrical
1716	power plant as defined in s. 403.503(13) that uses nuclear
1717	materials for fuel.
1718	(d)  "Preconstruction" is that period of time after a site
1719	has been selected through and including the date the utility
1720	completes site clearing work. Preconstruction costs shall be
1721	afforded deferred accounting treatment and shall accrue a
1722	carrying charge equal to the utility's allowance for funds
1723	during construction (AFUDC) rate until recovered in rates.
1724	(2)  Within 6 months after the enactment of this act, the
1725	commission shall establish, by rule, alternative cost recovery
1726	mechanisms for the recovery of costs incurred in the siting,
1727	design, licensing, and construction of a nuclear power plant.
1728	Such mechanisms shall be designed to promote utility investment
1729	in nuclear power plants and allow for the recovery in rates all
1730	prudently incurred costs, and shall include, but are not limited
1731	to:
1732	(a)  Recovery through the capacity cost recovery clause of
1733	any preconstruction costs.
1734	(b)  Recovery through an incremental increase in the
1735	utility's capacity cost recovery clause rates of the carrying
1736	costs on the utility's projected construction cost balance
1737	associated with the nuclear power plant. To encourage investment
1738	and provide certainty, for nuclear power plant need petitions
1739	submitted on or before December 31, 2010, associated carrying
1740	costs shall be equal to the pretax AFUDC in effect upon this act
1741	becoming law. For nuclear power plants for which need petitions
1742	are submitted after December 31, 2010, the utility's existing
1743	pretax AFUDC rate is presumed to be appropriate unless
1744	determined otherwise by the commission in the determination of
1745	need for the nuclear power plant.
1746	(3)  After a petition for determination of need is granted,
1747	a utility may petition the commission for cost recovery as
1748	permitted by this section and commission rules.
1749	(4)  When the nuclear power plant is placed in commercial
1750	service, the utility shall be allowed to increase its base rate
1751	charges by the projected annual revenue requirements of the
1752	nuclear power plant based on the jurisdictional annual revenue
1753	requirements of the plant for the first 12 months of operation.
1754	The rate of return on capital investments shall be calculated
1755	using the utility's rate of return last approved by the
1756	commission prior to the commercial inservice date of the nuclear
1757	power plant. If any existing generating plant is retired as a
1758	result of operation of the nuclear power plant, the commission
1759	shall allow for the recovery, through an increase in base rate
1760	charges, of the net book value of the retired plant over a
1761	period not to exceed 5 years.
1762	(5)  The utility shall report to the commission annually
1763	the budgeted and actual costs as compared to the estimated
1764	inservice cost of the nuclear power plant provided by the
1765	utility pursuant to s. 403.519(4), until the commercial
1766	operation of the nuclear power plant. The utility shall provide
1767	such information on an annual basis following the final order by
1768	the commission approving the determination of need for the
1769	nuclear power plant, with the understanding that some costs may
1770	be higher than estimated and other costs may be lower.
1771	(6)  In the event the utility elects not to complete or is
1772	precluded from completing construction of the nuclear power
1773	plant, the utility shall be allowed to recover all prudent
1774	preconstruction and construction costs incurred following the
1775	commission's issuance of a final order granting a determination
1776	of need for the nuclear power plant. The utility shall recover
1777	such costs through the capacity cost recovery clause over a
1778	period equal to the period during which the costs were incurred
1779	or 5 years, whichever is greater. The unrecovered balance during
1780	the recovery period will accrue interest at the utility's
1781	weighted average cost of capital as reported in the commission's
1782	earnings surveillance reporting requirement for the prior year.
1783	Section 26.  Paragraphs (a) and (b) of subsection (2),
1784	subsection (3), and subsection (5) of section 350.01, Florida
1785	Statutes, are amended to read:
1786	350.01  Florida Public Service Commission; terms of
1787	commissioners; vacancies; election and duties of chair; quorum;
1788	proceedings.--
1789	(2)(a)  Each commissioner serving on July 1, 1978, shall be
1790	permitted to remain in office until the completion of his or her
1791	current term. Upon the expiration of the term, a successor shall
1792	be appointed in the manner prescribed by s. 350.031(5), (6), (3)
1793	and (7) (4) for a 4-year term, except that the terms of the
1794	initial members appointed under this act shall be as follows:
1795	1.  The vacancy created by the present term ending in
1796	January, 1981, shall be filled by appointment for a 4-year term
1797	and for 4-year terms thereafter; and
1798	2.  The vacancies created by the two present terms ending
1799	in January, 1979, shall be filled by appointment for a 3-year
1800	term and for 4-year terms thereafter.
1801	(b)  Two additional commissioners shall be appointed in the
1802	manner prescribed by s. 350.031(5), (6), (3) and (7) (4) for 4-
1803	year terms beginning the first Tuesday after the first Monday in
1804	January, 1979, and successors shall be appointed for 4-year
1805	terms thereafter with each term beginning on January 2 of the
1806	year the term commences and ending 4 years later on January 1.
1807	(3)  Any person serving on the commission who seeks to be
1808	appointed or reappointed shall file with the nominating council
1809	at least 210 180 days before the expiration of his or her term a
1810	statement that he or she desires to serve an additional term.
1811
1812
1813	======= T I T L E  A M E N D M E N T =========
1814	Remove the entire title and insert:
1815	A bill to be entitled
1816	An act relating to the Public Service Commission; amending
1817	s. 403.503, F.S.; revising and providing definitions
1818	applicable to the Florida Electrical Power Plant Siting
1819	Act; amending s. 403.504, F.S.; providing the Department
1820	of Environmental Protection with additional powers and
1821	duties relating to the Florida Electrical Power Plant
1822	Siting Act; amending s. 403.5055, F.S.; revising
1823	provisions for certain permits associated with
1824	applications for electrical power plant certification;
1825	amending s. 403.506, F.S.; revising provisions relating to
1826	applicability and certification of certain power plants;
1827	amending s. 403.5064, F.S.; revising provisions for
1828	distribution of applications and schedules relating to
1829	certification; amending s. 403.5065, F.S.; revising
1830	provisions relating to the appointment of administrative
1831	law judges and specifying their powers and duties;
1832	amending s. 403.5066, F.S.; revising provisions relating
1833	to the determination of completeness for certain
1834	applications; creating s. 403.50663, F.S.; authorizing
1835	certain local governments and regional planning councils
1836	to hold an informational public meeting about a proposed
1837	electrical power plant or associated facilities; providing
1838	requirements and procedures therefor; creating s.
1839	403.50665, F.S.; requiring local governments to file
1840	certain land use determinations; providing requirements
1841	and procedures therefor; repealing s. 403.5067, F.S.,
1842	relating to the determination of sufficiency for certain
1843	applications; amending s. 403.507, F.S.; revising required
1844	preliminary statement provisions for affected agencies;
1845	requiring a report as a condition precedent to the project
1846	analysis and certification hearing; amending s. 403.508,
1847	F.S.; revising provisions relating to land use and
1848	certification hearings, including cancellation and
1849	responsibility for payment of expenses and costs;
1850	requiring certain notice; amending s. 403.509, F.S.;
1851	revising provisions relating to the final disposition of
1852	certain applications; providing requirements and
1853	provisions with respect thereto; amending s. 403.511,
1854	F.S.; revising provisions relating to the effect of
1855	certification for the construction and operation of
1856	proposed electrical power plants; providing that issuance
1857	of certification meets certain coastal zone consistency
1858	requirements; creating s. 403.5112, F.S.; requiring filing
1859	of notice for certified corridor routes; providing
1860	requirements and procedures with respect thereto; creating
1861	s. 403.5113, F.S.; authorizing postcertification
1862	amendments for power plant site certification
1863	applications; providing requirements and procedures with
1864	respect thereto; amending s. 403.5115, F.S.; requiring
1865	certain public notice for activities relating to
1866	electrical power plant site application, certification,
1867	and land use determination; providing requirements and
1868	procedures with respect thereto; directing the Department
1869	of Environmental Protection to maintain certain lists and
1870	provide copies of certain publications; amending s.
1871	403.513, F.S.; revising provisions for judicial review of
1872	appeals relating to electrical power plant site
1873	certification; amending s. 403.516, F.S.; revising
1874	provisions relating to modification of certification for
1875	electrical power plant sites; amending s. 403.517, F.S.;
1876	revising provisions relating to supplemental applications
1877	for sites certified for ultimate site capacity; amending
1878	s. 403.5175, F.S.; revising provisions relating to
1879	existing electrical power plant site certification;
1880	revising the procedure for reviewing and processing
1881	applications; requiring additional information to be
1882	included in certain applications; amending s. 403.518,
1883	F.S.; revising the allocation of proceeds from certain
1884	fees collected; providing for reimbursement of certain
1885	expenses; directing the Department of Environmental
1886	Protection to establish rules for determination of certain
1887	fees; eliminating certain operational license fees;
1888	providing for the application, processing, approval, and
1889	cancellation of electrical power plant certification;
1890	amending s. 403.519, F.S.; directing the Public Service
1891	Commission to consider fuel diversity and reliability in
1892	certain determinations; providing requirements and
1893	procedures for determination of need for certain power
1894	plants; providing an exemption from purchased power supply
1895	bid rules under certain circumstances; creating s. 366.93,
1896	F.S.; providing definitions; requiring the Public Service
1897	Commission to implement rules related to nuclear power
1898	plant cost recovery; requiring a report; amending s.
1899	350.01, F.S.; correcting cross-references; revising
1900	provisions for terms of commissioners on the Public
1901	Service Commission; revising a reference to the office of
1902	hearing examiners; amending s. 350.011, F.S.; deleting
1903	obsolete provisions relating to a transfer of certain
1904	functions and duties to the Public Service Commission;
1905	amending s. 350.012, F.S.; removing a provision for
1906	governance of the Committee on Public Service Commission
1907	Oversight; repealing s. 350.051, F.S., relating to
1908	qualifications of the Chief Auditor of the commission;
1909	amending s. 350.06, F.S.; deleting certain provisions
1910	relating to the employment of reporters and furnishing of
1911	transcripts by the commission; revising provisions for the
1912	collection and accounting of fees for furnishing
1913	transcripts and other documents or instruments; amending
1914	s. 350.113, F.S.; removing limits on the amount of certain
1915	regulatory fees; amending s. 350.117, F.S.; removing an
1916	exception for railroads from certain audits by the
1917	commission; repealing s. 350.80, F.S., relating to
1918	regulation of certain coal slurry pipeline companies;
1919	amending s. 361.08, F.S.; removing a provision for
1920	consideration by the court of certain findings by the
1921	commission relating to coal slurry pipeline companies, to
1922	conform to changes made by the act; providing an effective
1923	date.

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