Amendment
Bill No. 0888

Amendment No. 784891

CHAMBER ACTION
Senate		House
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1	Representative Hasner offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Legislative findings and intent.--The
6	Legislature finds that advancing the development of renewable
7	energy technologies and energy efficiency is important for the
8	state's future, its energy stability, and the protection of its
9	citizens' public health and its environment. The Legislature
10	finds that the development of renewable energy technologies and
11	energy efficiency in the state will help to reduce demand for
12	foreign fuels, promote energy diversity, enhance system
13	reliability, reduce pollution, educate the public on the promise
14	of renewable energy technologies, and promote economic growth.
15	The Legislature finds that there is a need to assist in the
16	development of market demand that will advance the
17	commercialization and widespread application of renewable energy
18	technologies. The Legislature further finds that the state is
19	ideally positioned to stimulate economic development through
20	such renewable energy technologies due to its ongoing and
21	successful research and development track record in these areas,
22	an abundance of natural and renewable energy sources, an ability
23	to attract significant federal research and development funds,
24	and the need to find and secure renewable energy technologies
25	for the benefit of its citizens, visitors, and environment.
26	Section 2.  Section 377.801, Florida Statutes, is created
27	to read:
28	377.801  Short title.--Sections 377.801-377.806 may be
29	cited as the "Florida Renewable Energy Technologies and Energy
30	Efficiency Act."
31	Section 3.  Section 377.802, Florida Statutes, is created
32	to read:
33	377.802  Purpose.--This act is intended to provide matching
34	grants to stimulate capital investment in the state and to
35	enhance the market for and promote the statewide utilization of
36	renewable energy technologies. The targeted grants program is
37	designed to advance the already growing establishment of
38	renewable energy technologies in the state and encourage the use
39	of other incentives such as tax exemptions and regulatory
40	certainty to attract additional renewable energy technology
41	producers, developers, and users to the state. This act is also
42	intended to provide incentives for the purchase of energy-
43	efficient appliances and rebates for solar energy equipment
44	installations for residential and commercial buildings.
45	Section 4.  Section 377.803, Florida Statutes, is created
46	to read:
47	377.803  Definitions.--As used in ss. 377.801-377.806, the
48	term:
49	(1)  "Act" means the Florida Renewable Energy Technologies
50	and Energy Efficiency Act.
51	(2)  "Approved metering equipment" means a device capable
52	of measuring the energy output of a solar thermal system that
53	has been approved by the commission.
54	(3)  "Commission" means the Florida Public Service
55	Commission.
56	(4)  "Department" means the Department of Environmental
57	Protection.
58	(5)  "Person" means an individual, partnership, joint
59	venture, private or public corporation, association, firm,
60	public service company, or any other public or private entity.
61	(6)  "Renewable energy" means electrical, mechanical, or
62	thermal energy produced from a method that uses one or more of
63	the following fuels or energy sources: hydrogen, biomass, solar
64	energy, geothermal energy, wind energy, ocean energy, waste
65	heat, or hydroelectric power.
66	(7)  "Renewable energy technology" means any technology
67	that generates or utilizes a renewable energy resource.
68	(8)  "Solar energy system" means equipment that provides
69	for the collection and use of incident solar energy for water
70	heating, space heating or cooling, or other applications that
71	would normally require a conventional source of energy such as
72	petroleum products, natural gas, or electricity that performs
73	primarily with solar energy. In other systems in which solar
74	energy is used in a supplemental way, only those components that
75	collect and transfer solar energy shall be included in this
76	definition.
77	(9)  "Solar photovoltaic system" means a device that
78	converts incident sunlight into electrical current.
79	(10)  "Solar thermal system" means a device that traps heat
80	from incident sunlight in order to heat water.
81	Section 5.  Section 377.804, Florida Statutes, is created
82	to read:
83	377.804  Renewable Energy Technologies Grants Program.--
84	(1)  The Renewable Energy Technologies Grants Program is
85	established within the department to provide renewable energy
86	matching grants for demonstration, commercialization, research,
87	and development projects relating to renewable energy
88	technologies.
89	(2)  Matching grants for renewable energy technology
90	demonstration, commercialization, research, and development
91	projects may be made to any of the following:
92	(a)  Municipalities and county governments.
93	(b)  Established for-profit companies licensed to do
94	business in the state.
95	(c)  Universities and colleges in the state.
96	(d)  Utilities located and operating within the state.
97	(e)  Not-for-profit organizations.
98	(f)  Other qualified persons, as determined by the
99	department.
100	(3)  The department may adopt rules pursuant to ss.
101	120.536(1) and 120.54 to provide for application requirements,
102	provide for ranking of applications, and administer the awarding
103	of grants under this program.
104	(4)  Factors the department shall consider in awarding
105	grants include, but are not limited to:
106	(a)  The availability of matching funds or other in-kind
107	contributions applied to the total project from an applicant.
108	The department shall give greater preference to projects that
109	provide such matching funds or other in-kind contributions.
110	(b)  The degree to which the project stimulates in-state
111	capital investment and economic development in metropolitan and
112	rural areas, including the creation of jobs and the future
113	development of a commercial market for renewable energy
114	technologies.
115	(c)  The extent to which the proposed project has been
116	demonstrated to be technically feasible based on pilot project
117	demonstrations, laboratory testing, scientific modeling, or
118	engineering or chemical theory that supports the proposal.
119	(d)  The degree to which the project incorporates an
120	innovative new technology or an innovative application of an
121	existing technology.
122	(e)  The degree to which a project generates thermal,
123	mechanical, or electrical energy by means of a renewable energy
124	resource that has substantial long-term production potential.
125	(f)  The degree to which a project demonstrates efficient
126	use of energy and material resources.
127	(g)  The degree to which the project fosters overall
128	understanding and appreciation of renewable energy technologies.
129	(h)  The ability to administer a complete project.
130	(i)  Project duration and timeline for expenditures.
131	(j)  The geographic area in which the project is to be
132	conducted in relation to other projects.
133	(k)  The degree of public visibility and interaction.
134	(5)  The department shall solicit the expertise of other
135	state agencies in evaluating project proposals. State agencies
136	shall cooperate with the Department of Environmental Protection
137	and provide such assistance as requested.
138	(6)  The department shall coordinate and actively consult
139	with the Department of Agriculture and Consumer Services during
140	the review and approval process of grants relating to bioenergy
141	projects for renewable energy technology, and the departments
142	shall jointly determine the grant awards to these bioenergy
143	projects. No grant funding shall be awarded to any bioenergy
144	project without such joint approval. Factors for consideration
145	in awarding grants may include, but are not limited to, the
146	degree to which:
147	(a)  The project stimulates in-state capital investment and
148	economic development in metropolitan and rural areas, including
149	the creation of jobs and the future development of a commercial
150	market for bioenergy.
151	(b)  The project produces bioenergy from Florida-grown
152	crops or biomass.
153	(c)  The project demonstrates efficient use of energy and
154	material resources.
155	(d)  The project fosters overall understanding and
156	appreciation of bioenergy technologies.
157	(e)  Matching funds and in-kind contributions from an
158	applicant are available.
159	(f)  The project duration and the timeline for expenditures
160	are acceptable.
161	(g)  The project has a reasonable assurance of enhancing
162	the value of agricultural products or will expand agribusiness
163	in the state.
164	(h)  Preliminary market and feasibility research has been
165	conducted by the applicant or others and shows there is a
166	reasonable assurance of a potential market.
167	Section 6.  The period from 12:01 a.m., October 5, through
168	midnight, October 11, 2006, shall be designated "Energy
169	Efficient Week," and the tax levied under chapter 212 may not be
170	collected on the sale of a new energy-efficient product having a
171	selling price of $1,500 or less per product during that period.
172	This exemption applies only when the energy-efficient product is
173	purchased for noncommercial home or personal use and does not
174	apply when the product is purchased for trade, business, or
175	resale. As used in this section, the term "energy-efficient
176	product" means a dishwasher, clothes washer, air conditioner,
177	ceiling fan, incandescent or florescent light bulb,
178	dehumidifier, programmable thermostat, or refrigerator that has
179	been designated by the United States Environmental Protection
180	Agency or by the United States Department of Energy as meeting
181	or exceeding the requirements under the Energy Star Program of
182	either agency. Purchases made under this section may not be made
183	using a business or company credit or debit card or check. Any
184	construction company, building contractor, or commercial
185	business or entity that purchases or attempts to purchase the
186	energy-efficient products as exempt under this section commits
187	an unfair method of competition in violation of s. 501.204,
188	punishable as provided in s. 501.2075. The Department of Revenue
189	may adopt rules under ss. 120.536(1) and 120.54 to administer
190	this section.
191	Section 7.  Section 377.806, Florida Statutes, is created
192	to read:
193	377.806  Solar Energy System Incentives Program.--
194	(1)  PURPOSE.--The Solar Energy System Incentives Program
195	is established within the department to provide financial
196	incentives for the purchase and installation of solar energy
197	systems. Any resident of the state who purchases and installs a
198	new solar energy system of 2 kilowatts or larger for a solar
199	photovoltaic system, a solar energy system that provides at
200	least 50 percent of a building's hot water consumption for a
201	solar thermal system, or a solar thermal pool heater, from July
202	1, 2006, through June 30, 2010, is eligible for a rebate on a
203	portion of the purchase price of that solar energy system.
204	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
205	(a)  Eligibility requirements.--A solar photovoltaic system
206	qualifies for a rebate if:
207	1.  The system is installed by a state-licensed master
208	electrician, electrical contractor, or solar contractor.
209	2.  The system complies with state interconnection
210	standards as provided by the commission.
211	3.  The system complies with all applicable building codes
212	as defined by the local jurisdictional authority.
213	(b)  Rebate amounts.--The rebate amount shall be set at $4
214	per watt based on the total wattage rating of the system. The
215	maximum allowable rebate per solar photovoltaic system
216	installation shall be as follows:
217	1.  Twenty thousand dollars for a residence.
218	2.  One hundred thousand dollars for a place of business, a
219	publicly owned or operated facility, or a facility owned or
220	operated by a private, not-for-profit organization, including
221	condominiums or apartment buildings.
222	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
223	(a)  Eligibility requirements.--A solar thermal system
224	qualifies for a rebate if:
225	1.  The system is installed by a state-licensed solar or
226	plumbing contractor.
227	2.  The system complies with all applicable building codes
228	as defined by the local jurisdictional authority.
229	(b)  Rebate amounts.--Authorized rebates for installation
230	of solar thermal systems shall be as follows:
231	1.  Five hundred dollars for a residence.
232	2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
233	for a place of business, a publicly owned or operated facility,
234	or a facility owned or operated by a private, not-for-profit
235	organization, including condominiums or apartment buildings. Btu
236	must be verified by approved metering equipment.
237	(4)  SOLAR THERMAL POOL HEATER INCENTIVE.--
238	(a)  Eligibility requirements.--A solar thermal pool heater
239	qualifies for a rebate if the system is installed by a
240	state-licensed solar or plumbing contractor and the system
241	complies with all applicable building codes as defined by the
242	local jurisdictional authority.
243	(b)  Rebate amount.--Authorized rebates for installation of
244	solar thermal pool heaters shall be $100 per installation.
245	(5)  APPLICATION.--Application for a rebate must be made
246	within 90 days after the purchase of the solar energy equipment.
247	(6)  REBATE AVAILABILITY.--The department shall determine
248	and publish on a regular basis the amount of rebate funds
249	remaining in each fiscal year. The total dollar amount of all
250	rebates issued by the department is subject to the total amount
251	of appropriations in any fiscal year for this program. If funds
252	are insufficient during the current fiscal year, any requests
253	for rebates received during that fiscal year may be processed
254	during the following fiscal year. Requests for rebates received
255	in a fiscal year that are processed during the following fiscal
256	year shall be given priority over requests for rebates received
257	during the following fiscal year.
258	(7)  RULES.--The department shall adopt rules pursuant to
259	ss. 120.536(1) and 120.54 to develop rebate applications and
260	administer the issuance of rebates.
261	Section 8.  Florida Energy Commission.--
262	(1)  The Florida Energy Commission is created and shall be
263	located within the Office of Legislative Services for
264	administrative purposes. The commission shall be comprised of a
265	total of nine members.
266	(a)  The members shall be appointed as follows: the
267	President of the Senate and the Speaker of the House of
268	Representatives shall appoint four members each and shall
269	jointly appoint the ninth member, who shall serve as chair.
270	Members shall be appointed to 2-year terms; however, in order to
271	establish staggered terms, for the initial appointments, each
272	appointing official shall appoint two members to a 1-year term
273	and two members to a 2-year term. Members must meet the
274	following qualifications and restrictions:
275	1.  A member must be an expert in one or more of the
276	following fields: energy, natural resource conservation,
277	economics, engineering, finance, law, consumer protection, state
278	energy policy, or another field substantially related to the
279	duties and functions of the commission. The commission shall
280	fairly represent the fields specified in this subparagraph.
281	2.  Each member shall, at the time of appointment and at
282	each commission meeting during his or her term of office,
283	disclose:
284	a.  Whether he or she has any financial interest, other
285	than ownership of shares in a mutual fund, in any business
286	entity that, directly or indirectly, owns or controls, or is an
287	affiliate or subsidiary of, any business entity that may profit
288	by the policy recommendations developed by the commission.
289	b.  Whether he or she is employed by or is engaged in any
290	business activity with any business entity that, directly or
291	indirectly, owns or controls, or is an affiliate or subsidiary
292	of, any business entity that may profit by the policy
293	recommendations developed by the commission.
294	(b)  The following may also attend meetings and provide
295	information and advise at the request of the chair:
296	1.  The chair of the Florida Public Service Commission, or
297	his or her designee.
298	2.  The Public Counsel, or his or her designee.
299	3.  The Commissioner of Agriculture, or his or her
300	designee.
301	4.  The Director of the Office of Insurance Regulation, or
302	his or her designee.
303	5.  The Secretary of Health, or his or her designee.
304	6.  The chair of the State Board of Education, or his or
305	her designee.
306	7.  The Secretary of Community Affairs, or his or her
307	designee.
308	8.  The Secretary of Transportation, or his or her
309	designee.
310	9.  The Secretary of Environmental Protection, or his or
311	her designee.
312	(2)  Members shall serve without compensation but are
313	entitled to reimbursement for per diem and travel expenses as
314	provided in s. 112.061, Florida Statutes.
315	(3)  Meetings of the commission shall be held in various
316	locations around the state and at the call of the chair;
317	however, the commission must meet at least twice each year.
318	(4)(a)  The commission may employ staff to assist in the
319	performance of its duties, including an executive director, an
320	attorney, a communications staff member, and an executive
321	assistant.
322	(b)  The commission may form advisory groups consisting of
323	members of the public to provide information on specific issues.
324	(5)  The commission shall develop recommendations for
325	legislation to establish a state energy policy. The
326	recommendations of the commission shall be based on the guiding
327	principles of reliability, efficiency, affordability, and
328	diversity as provided in subsection (7). The commission shall
329	continually review the state energy policy and shall recommend
330	to the Legislature any additional necessary changes or
331	improvements.
332	(6)(a)  The commission shall report by December 31 of each
333	year to the President of the Senate and the Speaker of the House
334	of Representatives on its progress and recommendations,
335	including draft legislation.
336	(b)  The commission's initial report must be filed by
337	December 31, 2007, and must identify incentives for research,
338	development, or deployment projects involving the goals and
339	issues set forth in this section; set forth policy
340	recommendations for conservation of all forms of energy; and set
341	forth a plan of action, together with a timetable, for
342	addressing additional issues.
343	(c)  The commission's initial report shall also recommend
344	consensus-based public-involvement processes that evaluate
345	greenhouse gas emissions in this state and make recommendations
346	regarding related economic, energy, and environmental benefits.
347	(d)  The report must include recommended steps and a
348	schedule for the development of a comprehensive state climate
349	action plan with greenhouse gas reduction through a public-
350	involvement process, including transportation and land use;
351	power generation; residential, commercial, and industrial
352	activities; waste management; agriculture and forestry;
353	emissions-reporting systems; and public education.
354	(7)  In developing its recommendations, the commission
355	shall be guided by the principles of reliability, efficiency,
356	affordability, and diversity, and more specifically as follows:
357	(a)  The state should have a reliable electric supply with
358	adequate reserves.
359	(b)  The transmission and delivery of electricity should be
360	reliable.
361	(c)  The generation, transmission, and delivery of
362	electricity should be accomplished with the least detriment to
363	the environment and public health.
364	(d)  The generation, transmission, and delivery of
365	electricity should be accomplished compatibly with the goals for
366	growth management.
367	(e)  Electricity generation, transmission, and delivery
368	facilities should be reasonably secure from damage, taking all
369	factors into consideration, and recovery from damage should be
370	prompt.
371	(f)  Electric rates should be affordable, as to base rates
372	and all recovery-clause additions, with sufficient incentives
373	for utilities to achieve this goal.
374	(g)  The state should have a reliable supply of motor
375	vehicle fuels, both under normal circumstances and during
376	hurricanes and other emergency situations.
377	(h)  In-state research, development, and deployment of
378	alternative energy technologies and alternative motor vehicle
379	fuels should be encouraged.
380	(i)  When possible, the resources of the state should be
381	used in achieving the goals enumerated in this subsection.
382	(j)  Consumers of energy should be encouraged and given
383	incentives to be more efficient in their use of energy.
384
385	It is the specific intent of the Legislature that nothing in
386	this section shall in any way change the powers, duties, and
387	responsibilities of the Public Service Commission or the powers,
388	duties, and responsibilities assigned by the Florida Electrical
389	Power Plant Siting Act, ss. 403.501-403.518, Florida Statutes.
390	Section 9.  Paragraph (ccc) is added to subsection (7) of
391	section 212.08, Florida Statutes, to read:
392	212.08  Sales, rental, use, consumption, distribution, and
393	storage tax; specified exemptions.--The sale at retail, the
394	rental, the use, the consumption, the distribution, and the
395	storage to be used or consumed in this state of the following
396	are hereby specifically exempt from the tax imposed by this
397	chapter.
398	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
399	entity by this chapter do not inure to any transaction that is
400	otherwise taxable under this chapter when payment is made by a
401	representative or employee of the entity by any means,
402	including, but not limited to, cash, check, or credit card, even
403	when that representative or employee is subsequently reimbursed
404	by the entity. In addition, exemptions provided to any entity by
405	this subsection do not inure to any transaction that is
406	otherwise taxable under this chapter unless the entity has
407	obtained a sales tax exemption certificate from the department
408	or the entity obtains or provides other documentation as
409	required by the department. Eligible purchases or leases made
410	with such a certificate must be in strict compliance with this
411	subsection and departmental rules, and any person who makes an
412	exempt purchase with a certificate that is not in strict
413	compliance with this subsection and the rules is liable for and
414	shall pay the tax. The department may adopt rules to administer
415	this subsection.
416	(ccc)  Equipment, machinery, and other materials for
417	renewable energy technologies.--
418	1.  As used in this paragraph, the term:
419	a.  "Biodiesel" means the mono-alkyl esters of long-chain
420	fatty acids derived from plant or animal matter for use as a
421	source of energy and meeting the specifications for biodiesel
422	and biodiesel blends with petroleum products as adopted by the
423	Department of Agriculture and Consumer Services. Biodiesel may
424	refer to biodiesel blends designated BXX, where XX represents
425	the volume percentage of biodiesel fuel in the blend.
426	b.  "Ethanol" means nominally anhydrous denatured alcohol
427	produced by the fermentation of plant sugars meeting the
428	specifications for fuel ethanol and fuel ethanol blends with
429	petroleum products as adopted by the Department of Agriculture
430	and Consumer Services. Ethanol may refer to fuel ethanol blends
431	designated EXX, where XX represents the volume percentage of
432	fuel ethanol in the blend.
433	c.  "Hydrogen fuel cells" means equipment using hydrogen or
434	a hydrogen-rich fuel in an electrochemical process to generate
435	energy, electricity, or the transfer of heat.
436	2.  The sale or use of the following in the state is exempt
437	from the tax imposed by this chapter:
438	a.  Hydrogen-powered vehicles, materials incorporated into
439	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
440	a limit of $2 million in tax each state fiscal year for all
441	taxpayers.
442	b.  Commercial stationary hydrogen fuel cells, up to a
443	limit of $1 million in tax each state fiscal year for all
444	taxpayers.
445	c.  Materials used in the distribution of biodiesel (B10-
446	B100) and ethanol (E10-100), including fueling infrastructure,
447	transportation, and storage, up to a limit of $1 million in tax
448	each state fiscal year for all taxpayers. Gasoline fueling
449	station pump retrofits for ethanol (E10-E100) distribution
450	qualify for the exemption provided in this sub-subparagraph.
451	3.  The Department of Environmental Protection shall
452	provide to the department a list of items eligible for the
453	exemption provided in this paragraph.
454	4.a.  The exemption provided in this paragraph shall be
455	available to a purchaser only through a refund of previously
456	paid taxes.
457	b.  To be eligible to receive the exemption provided in
458	this paragraph, a purchaser shall file an application with the
459	Department of Environmental Protection. The application shall be
460	developed by the Department of Environmental Protection, in
461	consultation with the department, and shall require:
462	(I)  The name and address of the person claiming the
463	refund.
464	(II)  A specific description of the purchase for which a
465	refund is sought, including, when applicable, a serial number or
466	other permanent identification number.
467	(III)  The sales invoice or other proof of purchase showing
468	the amount of sales tax paid, the date of purchase, and the name
469	and address of the sales tax dealer from whom the property was
470	purchased.
471	(IV)  A sworn statement that the information provided is
472	accurate and that the requirements of this paragraph have been
473	met.
474	c.  Within 30 days after receipt of an application, the
475	Department of Environmental Protection shall review the
476	application and shall notify the applicant of any deficiencies.
477	Upon receipt of a completed application, the Department of
478	Environmental Protection shall evaluate the application for
479	exemption and issue a written certification that the applicant
480	is eligible for a refund or issue a written denial of such
481	certification within 60 days after receipt of the application.
482	The Department of Environmental Protection shall provide the
483	department with a copy of each certification issued upon
484	approval of an application.
485	d.  Each certified applicant shall be responsible for
486	forwarding a certified copy of the application and copies of all
487	required documentation to the department within 6 months after
488	certification by the Department of Environmental Protection.
489	e.  The provisions of s. 212.095 do not apply to any refund
490	application made pursuant to this paragraph. A refund approved
491	pursuant to this paragraph shall be made within 30 days after
492	formal approval by the department.
493	f.  The department may adopt all rules pursuant to ss.
494	120.536(1) and 120.54 to administer this paragraph, including
495	rules establishing forms and procedures for claiming this
496	exemption.
497	g.  The Department of Environmental Protection shall be
498	responsible for ensuring that the total amounts of the
499	exemptions authorized do not exceed the limits as specified in
500	subparagraph 2.
501	5.  The Department of Environmental Protection shall
502	determine and publish on a regular basis the amount of sales tax
503	funds remaining in each fiscal year.
504	6.  This paragraph expires July 1, 2010.
505	Section 10.  Paragraph (y) is added to subsection (7) of
506	section 213.053, Florida Statutes, to read:
507	213.053  Confidentiality and information sharing.--
508	(7)  Notwithstanding any other provision of this section,
509	the department may provide:
510	(y)  Information relative to ss. 212.08(7)(ccc) and 220.192
511	to the Department of Environmental Protection for use in the
512	conduct of its official business.
513
514	Disclosure of information under this subsection shall be
515	pursuant to a written agreement between the executive director
516	and the agency. Such agencies, governmental or nongovernmental,
517	shall be bound by the same requirements of confidentiality as
518	the Department of Revenue. Breach of confidentiality is a
519	misdemeanor of the first degree, punishable as provided by s.
520	775.082 or s. 775.083.
521	Section 11.  Subsection (8) of section 220.02, Florida
522	Statutes, is amended to read:
523	220.02  Legislative intent.--
524	(8)  It is the intent of the Legislature that credits
525	against either the corporate income tax or the franchise tax be
526	applied in the following order: those enumerated in s. 631.828,
527	those enumerated in s. 220.191, those enumerated in s. 220.181,
528	those enumerated in s. 220.183, those enumerated in s. 220.182,
529	those enumerated in s. 220.1895, those enumerated in s. 221.02,
530	those enumerated in s. 220.184, those enumerated in s. 220.186,
531	those enumerated in s. 220.1845, those enumerated in s. 220.19,
532	those enumerated in s. 220.185, and those enumerated in s.
533	220.187, those enumerated in s. 220.192, and those enumerated in
534	s. 220.193.
535	Section 12.  Section 220.192, Florida Statutes, is created
536	to read:
537	220.192  Renewable energy technologies investment tax
538	credit.--
539	(1)  DEFINITIONS.--For purposes of this section, the term:
540	(a)  "Biodiesel" means biodiesel as defined in s.
541	212.08(7)(ccc).
542	(b)  "Eligible costs" means:
543	1.  Seventy-five percent of all capital costs, operation
544	and maintenance costs, and research and development costs
545	incurred between July 1, 2006, and June 30, 2010, up to a limit
546	of $3 million per state fiscal year for all taxpayers, in
547	connection with an investment in hydrogen-powered vehicles and
548	hydrogen vehicle fueling stations in the state, including, but
549	not limited to, the costs of constructing, installing, and
550	equipping such technologies in the state.
551	2.  Seventy-five percent of all capital costs, operation
552	and maintenance costs, and research and development costs
553	incurred between July 1, 2006, and June 30, 2010, up to a limit
554	of $1.5 million per state fiscal year for all taxpayers, and
555	limited to a maximum of $12,000 per fuel cell, in connection
556	with an investment in commercial stationary hydrogen fuel cells
557	in the state, including, but not limited to, the costs of
558	constructing, installing, and equipping such technologies in the
559	state.
560	3.  Seventy-five percent of all capital costs, operation
561	and maintenance costs, and research and development costs
562	incurred between July 1, 2006, and June 30, 2010, up to a limit
563	of $6.5 million per state fiscal year for all taxpayers, in
564	connection with an investment in the production, storage, and
565	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
566	the state, including the costs of constructing, installing, and
567	equipping such technologies in the state. Gasoline fueling
568	station pump retrofits for ethanol (E10-E100) distribution
569	qualify as an eligible cost under this subparagraph.
570	(c)  "Ethanol" means ethanol as defined in s.
571	212.08(7)(ccc).
572	(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
573	defined in s. 212.08(7)(ccc).
574	(2)  TAX CREDIT.--For tax years beginning on or after
575	January 1, 2007, a credit against the tax imposed by this
576	chapter shall be granted in an amount equal to the eligible
577	costs. Credits may be used in tax years beginning January 1,
578	2007, and ending December 31, 2010, after which the credit shall
579	expire. If the credit is not fully used in any one tax year
580	because of insufficient tax liability on the part of the
581	corporation, the unused amount may be carried forward and used
582	in tax years beginning January 1, 2007, and ending December 31,
583	2012, after which the credit carryover expires and may not be
584	used. A taxpayer that files a consolidated return in this state
585	as a member of an affiliated group under s. 220.131(1) may be
586	allowed the credit on a consolidated return basis up to the
587	amount of tax imposed upon the consolidated group. Any eligible
588	cost for which a credit is claimed and which is deducted or
589	otherwise reduces federal taxable income shall be added back in
590	computing adjusted federal income under s. 220.13.
591	(3)  CORPORATE APPLICATION PROCESS.--Any corporation
592	wishing to obtain tax credits available under this section must
593	submit to the Department of Environmental Protection an
594	application for tax credit that includes a complete description
595	of all eligible costs for which the corporation is seeking a
596	credit and a description of the total amount of credits sought.
597	The Department of Environmental Protection shall make a
598	determination on the eligibility of the applicant for the
599	credits sought and certify the determination to the applicant
600	and the Department of Revenue. The corporation must attach the
601	Department of Environmental Protection's certification to the
602	tax return on which the credit is claimed. The Department of
603	Environmental Protection shall be responsible for ensuring that
604	the corporate income tax credits granted in each fiscal year do
605	not exceed the limits provided for in this section. The
606	Department of Environmental Protection is authorized to adopt
607	the necessary rules, guidelines, and application materials for
608	the application process.
609	(4)  TAXPAYER APPLICATION PROCESS.--To claim a credit under
610	this section, each taxpayer must apply to the Department of
611	Environmental Protection for an allocation of each type of
612	annual credit by the date established by the Department of
613	Environmental Protection. The application form may be
614	established by the Department of Environmental Protection and
615	shall include an affidavit from each taxpayer certifying that
616	all information contained in the application, including all
617	records of eligible costs claimed as the basis for the tax
618	credit, are true and correct. Approval of the credits under this
619	section shall be accomplished on a first-come, first-served
620	basis, based upon the date complete applications are received by
621	the Department of Environmental Protection. A taxpayer shall
622	submit only one complete application based upon eligible costs
623	incurred within a particular state fiscal year. Incomplete
624	placeholder applications will not be accepted and will not
625	secure a place in the first-come, first-served application line.
626	If a taxpayer does not receive a tax credit allocation due to
627	the exhaustion of the annual tax credit authorizations, then
628	such taxpayer may reapply in the following year for those
629	eligible costs and will have priority over other applicants for
630	the allocation of credits.
631	(5)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
632	CREDITS.--
633	(a)  In addition to its existing audit and investigation
634	authority, the Department of Revenue may perform any additional
635	financial and technical audits and investigations, including
636	examining the accounts, books, and records of the tax credit
637	applicant, that are necessary to verify the eligible costs
638	included in the tax credit return and to ensure compliance with
639	this section. The Department of Environmental Protection shall
640	provide technical assistance when requested by the Department of
641	Revenue on any technical audits or examinations performed
642	pursuant to this section.
643	(b)  It is grounds for forfeiture of previously claimed and
644	received tax credits if the Department of Revenue determines, as
645	a result of either an audit or examination or from information
646	received from the Department of Environmental Protection, that a
647	taxpayer received tax credits pursuant to this section to which
648	the taxpayer was not entitled. The taxpayer is responsible for
649	returning forfeited tax credits to the Department of Revenue,
650	and such funds shall be paid into the General Revenue Fund of
651	the state.
652	(c)  The Department of Environmental Protection may revoke
653	or modify any written decision granting eligibility for tax
654	credits under this section if it is discovered that the tax
655	credit applicant submitted any false statement, representation,
656	or certification in any application, record, report, plan, or
657	other document filed in an attempt to receive tax credits under
658	this section. The Department of Environmental Protection shall
659	immediately notify the Department of Revenue of any revoked or
660	modified orders affecting previously granted tax credits.
661	Additionally, the taxpayer must notify the Department of Revenue
662	of any change in its tax credit claimed.
663	(d)  The taxpayer shall file with the Department of Revenue
664	an amended return or such other report as the Department of
665	Revenue prescribes by rule and shall pay any required tax and
666	interest within 60 days after the taxpayer receives notification
667	from the Department of Environmental Protection that previously
668	approved tax credits have been revoked or modified. If the
669	revocation or modification order is contested, the taxpayer
670	shall file an amended return or other report as provided in this
671	paragraph within 60 days after a final order is issued following
672	proceedings.
673	(e)  A notice of deficiency may be issued by the Department
674	of Revenue at any time within 3 years after the taxpayer
675	receives formal notification from the Department of
676	Environmental Protection that previously approved tax credits
677	have been revoked or modified. If a taxpayer fails to notify the
678	Department of Revenue of any changes to its tax credit claimed,
679	a notice of deficiency may be issued at any time.
680	(6)  RULES.--The Department of Revenue shall have the
681	authority to adopt rules relating to the forms required to claim
682	a tax credit under this section, the requirements and basis for
683	establishing an entitlement to a credit, and the examination and
684	audit procedures required to administer this section.
685	(7)  PUBLICATION.--The Department of Environmental
686	Protection shall determine and publish on a regular basis the
687	amount of available tax credits remaining in each fiscal year.
688	Section 13.  Section 220.193, Florida Statutes, is created
689	to read:
690	220.193  Florida renewable energy production credit.--
691	(1)  The purpose of this section is to encourage the
692	development and expansion of facilities that produce renewable
693	energy in Florida.
694	(2)  As used in this section, the term:
695	(a)  "Commission" shall mean the Public Service Commission.
696	(b)  "Department" shall mean the Department of Revenue.
697	(c)  "Expanded facility" shall mean a Florida renewable
698	energy facility that increases its electrical production and
699	sale by more than 5 percent above the facility's electrical
700	production and sale during the 2005 calendar year.
701	(d)  "Florida renewable energy facility" shall mean a
702	facility in the state that produces electricity for sale from
703	renewable energy, as defined in s. 377.803.
704	(e)  "New facility" shall mean a Florida renewable energy
705	facility that is operationally placed in service after May 1,
706	2006.
707	(3)  An annual credit against the tax imposed by this
708	section shall be allowed to a taxpayer, based on the taxpayer's
709	production and sale of electricity from a new or expanded
710	Florida renewable energy facility. For a new facility, the
711	credit shall be based on the taxpayer's sale of the facility's
712	entire electrical production. For an expanded facility, the
713	credit shall be based on the increases in the facility's
714	electrical production that are achieved after May 1, 2006.
715	(a)  The credit shall be $0.01 for each kilowatt-hour of
716	electricity produced and sold by the taxpayer to an unrelated
717	party during a given tax year.
718	(b)  The credit may be claimed for electricity produced and
719	sold on or after January 1, 2007. Beginning in 2008 and
720	continuing until 2011, each taxpayer claiming a credit under
721	this section must first apply to the department by February 1 of
722	each year for an allocation of available credit. The department,
723	in consultation with the commission, shall develop an
724	application form. The application form shall, at a minimum,
725	require a sworn affidavit from each taxpayer certifying the
726	increase in production and sales that form the basis of the
727	application and certifying that all information contained in the
728	application is true and correct.
729	(c)  If the amount of credits applied for each year exceeds
730	$5 million, the department shall award to each applicant a
731	prorated amount based on each applicant's increased production
732	and sales and the increased production and sales of all
733	applicants.
734	(d)  If the credit granted pursuant to this section is not
735	fully used in one year because of insufficient tax liability on
736	the part of the taxpayer, the unused amount may be carried
737	forward for a period not to exceed 5 years. The carryover credit
738	may be used in a subsequent year when the tax imposed by this
739	chapter for such year exceeds the credit for such year, after
740	applying the other credits and unused credit carryovers in the
741	order provided in s. 220.02(8).
742	(e)  A taxpayer that files a consolidated return in this
743	state as a member of an affiliated group under s. 220.131(1) may
744	be allowed the credit on a consolidated return basis up to the
745	amount of tax imposed upon the consolidated group.
746	(f)1.  Tax credits that may be available under this section
747	to an entity eligible under this section may be transferred
748	after a merger or acquisition to the surviving or acquiring
749	entity and used in the same manner with the same limitations.
750	2.  The entity or its surviving or acquiring entity as
751	described in subparagraph 1. may transfer any unused credit in
752	whole or in units of no less than 25 percent of the remaining
753	credit. The entity acquiring such credit may use it in the same
754	manner and with the same limitations under this section. Such
755	transferred credits may not be transferred again although they
756	may succeed to a surviving or acquiring entity subject to the
757	same conditions and limitations as described in this section.
758	3.  In the event the credit provided for under this section
759	is reduced as a result of an examination or audit by the
760	department, such tax deficiency shall be recovered from the
761	first entity or the surviving or acquiring entity to have
762	claimed such credit up to the amount of credit taken. Any
763	subsequent deficiencies shall be assessed against any entity
764	acquiring and claiming such credit, or in the case of multiple
765	succeeding entities in the order of credit succession.
766	(g)  Notwithstanding any other provision of this section,
767	credits for the production and sale of electricity from a new or
768	expanded Florida renewable energy facility may be earned between
769	January 1, 2007 and June 30, 2010. The combined total amount of
770	tax credits which may be granted for all taxpayers under this
771	section is limited to $5 million per state fiscal year.
772	(h)  A taxpayer claiming a credit under this section shall
773	be required to add back to net income that portion of its
774	business deductions claimed on its federal return paid or
775	incurred for the taxable year which is equal to the amount of
776	the credit allowable for the taxable year under this section.
777	(i)  A taxpayer claiming credit under this section may not
778	claim a credit under s. 220.192. A taxpayer claiming credit
779	under s. 220.192 may not claim a credit under this section.
780	(4)  The department may adopt rules to implement and
781	administer this section, including rules prescribing forms, the
782	documentation needed to substantiate a claim for the tax credit,
783	and the specific procedures and guidelines for claiming the
784	credit.
785	(5)  This section shall take effect upon becoming law and
786	shall apply to tax years beginning on and after January 1, 2007.
787	Section 14.  Paragraph (a) of subsection (1) of section
788	220.13, Florida Statutes, is amended to read:
789	220.13  "Adjusted federal income" defined.--
790	(1)  The term "adjusted federal income" means an amount
791	equal to the taxpayer's taxable income as defined in subsection
792	(2), or such taxable income of more than one taxpayer as
793	provided in s. 220.131, for the taxable year, adjusted as
794	follows:
795	(a)  Additions.--There shall be added to such taxable
796	income:
797	1.  The amount of any tax upon or measured by income,
798	excluding taxes based on gross receipts or revenues, paid or
799	accrued as a liability to the District of Columbia or any state
800	of the United States which is deductible from gross income in
801	the computation of taxable income for the taxable year.
802	2.  The amount of interest which is excluded from taxable
803	income under s. 103(a) of the Internal Revenue Code or any other
804	federal law, less the associated expenses disallowed in the
805	computation of taxable income under s. 265 of the Internal
806	Revenue Code or any other law, excluding 60 percent of any
807	amounts included in alternative minimum taxable income, as
808	defined in s. 55(b)(2) of the Internal Revenue Code, if the
809	taxpayer pays tax under s. 220.11(3).
810	3.  In the case of a regulated investment company or real
811	estate investment trust, an amount equal to the excess of the
812	net long-term capital gain for the taxable year over the amount
813	of the capital gain dividends attributable to the taxable year.
814	4.  That portion of the wages or salaries paid or incurred
815	for the taxable year which is equal to the amount of the credit
816	allowable for the taxable year under s. 220.181. The provisions
817	of this subparagraph shall expire and be void on June 30, 2005.
818	5.  That portion of the ad valorem school taxes paid or
819	incurred for the taxable year which is equal to the amount of
820	the credit allowable for the taxable year under s. 220.182. The
821	provisions of this subparagraph shall expire and be void on June
822	30, 2005.
823	6.  The amount of emergency excise tax paid or accrued as a
824	liability to this state under chapter 221 which tax is
825	deductible from gross income in the computation of taxable
826	income for the taxable year.
827	7.  That portion of assessments to fund a guaranty
828	association incurred for the taxable year which is equal to the
829	amount of the credit allowable for the taxable year.
830	8.  In the case of a nonprofit corporation which holds a
831	pari-mutuel permit and which is exempt from federal income tax
832	as a farmers' cooperative, an amount equal to the excess of the
833	gross income attributable to the pari-mutuel operations over the
834	attributable expenses for the taxable year.
835	9.  The amount taken as a credit for the taxable year under
836	s. 220.1895.
837	10.  Up to nine percent of the eligible basis of any
838	designated project which is equal to the credit allowable for
839	the taxable year under s. 220.185.
840	11.  The amount taken as a credit for the taxable year
841	under s. 220.187.
842	12.  The amount taken as a credit for the taxable year
843	under s. 220.192.
844	13.  The amount taken as a credit for the taxable year
845	under s. 220.193.
846	Section 15.  Subsection (2) of section 186.801, Florida
847	Statutes, is amended to read:
848	186.801  Ten-year site plans.--
849	(2)  Within 9 months after the receipt of the proposed
850	plan, the commission shall make a preliminary study of such plan
851	and classify it as "suitable" or "unsuitable." The commission
852	may suggest alternatives to the plan. All findings of the
853	commission shall be made available to the Department of
854	Environmental Protection for its consideration at any subsequent
855	electrical power plant site certification proceedings. It is
856	recognized that 10-year site plans submitted by an electric
857	utility are tentative information for planning purposes only and
858	may be amended at any time at the discretion of the utility upon
859	written notification to the commission. A complete application
860	for certification of an electrical power plant site under
861	chapter 403, when such site is not designated in the current 10-
862	year site plan of the applicant, shall constitute an amendment
863	to the 10-year site plan. In its preliminary study of each 10-
864	year site plan, the commission shall consider such plan as a
865	planning document and shall review:
866	(a)  The need, including the need as determined by the
867	commission, for electrical power in the area to be served.
868	(b)  The effect on fuel diversity within the state.
869	(c)(b)  The anticipated environmental impact of each
870	proposed electrical power plant site.
871	(d)(c)  Possible alternatives to the proposed plan.
872	(e)(d)  The views of appropriate local, state, and federal
873	agencies, including the views of the appropriate water
874	management district as to the availability of water and its
875	recommendation as to the use by the proposed plant of salt water
876	or fresh water for cooling purposes.
877	(f)(e)  The extent to which the plan is consistent with the
878	state comprehensive plan.
879	(g)(f)  The plan with respect to the information of the
880	state on energy availability and consumption.
881	Section 16.  Subsection (6) of section 366.04, Florida
882	Statutes, is amended to read:
883	366.04  Jurisdiction of commission.--
884	(6)  The commission shall further have exclusive
885	jurisdiction to prescribe and enforce safety standards for
886	transmission and distribution facilities of all public electric
887	utilities, cooperatives organized under the Rural Electric
888	Cooperative Law, and electric utilities owned and operated by
889	municipalities. In adopting safety standards, the commission
890	shall, at a minimum:
891	(a)  Adopt the 1984 edition of the National Electrical
892	Safety Code (ANSI C2) as initial standards; and
893	(b)  Adopt, after review, any new edition of the National
894	Electrical Safety Code (ANSI C2).
895
896	The standards prescribed by the current 1984 edition of the
897	National Electrical Safety Code (ANSI C2) shall constitute
898	acceptable and adequate requirements for the protection of the
899	safety of the public, and compliance with the minimum
900	requirements of that code shall constitute good engineering
901	practice by the utilities. The administrative authority referred
902	to in the 1984 edition of the National Electrical Safety Code is
903	the commission. However, nothing herein shall be construed as
904	superseding, repealing, or amending the provisions of s.
905	403.523(1) and (10).
906	Section 17.  Subsections (1) and (8) of section 366.05,
907	Florida Statutes, are amended to read:
908	366.05  Powers.--
909	(1)  In the exercise of such jurisdiction, the commission
910	shall have power to prescribe fair and reasonable rates and
911	charges, classifications, standards of quality and measurements,
912	including the ability to adopt construction standards that
913	exceed the National Electrical Safety Code, for purposes of
914	ensuring the reliable provision of service, and service rules
915	and regulations to be observed by each public utility; to
916	require repairs, improvements, additions, replacements, and
917	extensions to the plant and equipment of any public utility when
918	reasonably necessary to promote the convenience and welfare of
919	the public and secure adequate service or facilities for those
920	reasonably entitled thereto; to employ and fix the compensation
921	for such examiners and technical, legal, and clerical employees
922	as it deems necessary to carry out the provisions of this
923	chapter; and to adopt rules pursuant to ss. 120.536(1) and
924	120.54 to implement and enforce the provisions of this chapter.
925	(8)  If the commission determines that there is probable
926	cause to believe that inadequacies exist with respect to the
927	energy grids developed by the electric utility industry,
928	including inadequacies in fuel diversity or fuel supply
929	reliability, it shall have the power, after proceedings as
930	provided by law, and after a finding that mutual benefits will
931	accrue to the electric utilities involved, to require
932	installation or repair of necessary facilities, including
933	generating plants and transmission facilities, with the costs to
934	be distributed in proportion to the benefits received, and to
935	take all necessary steps to ensure compliance. The electric
936	utilities involved in any action taken or orders issued pursuant
937	to this subsection shall have full power and authority,
938	notwithstanding any general or special laws to the contrary, to
939	jointly plan, finance, build, operate, or lease generating and
940	transmission facilities and shall be further authorized to
941	exercise the powers granted to corporations in chapter 361. This
942	subsection shall not supersede or control any provision of the
943	Florida Electrical Power Plant Siting Act, ss. 403.501-403.518.
944	Section 18.  Section 366.92, Florida Statutes, is created
945	to read:
946	366.92  Florida renewable energy policy.--
947	(1)  It is the intent of the Legislature to promote the
948	development of renewable energy; protect the economic viability
949	of Florida's existing renewable energy facilities; diversify the
950	types of fuel used to generate electricity in Florida; lessen
951	Florida's dependence on natural gas and fuel oil for the
952	production of electricity; minimize the volatility of fuel
953	costs; encourage investment within the state; improve
954	environmental conditions; and at the same time, minimize the
955	costs of power supply to electric utilities and their customers.
956	(2)  For the purposes of this section, "Florida renewable
957	energy resources" shall mean renewable energy, as defined in s.
958	377.803, that is produced in Florida.
959	(3)  The commission may adopt appropriate goals for
960	increasing the use of existing, expanded, and new Florida
961	renewable energy resources. The commission may change the goals.
962	The commission may review and reestablish the goals at least
963	once every five years.
964	(4)  The commission may adopt rules to administer and
965	implement the provisions of this section.
966	Section 19.  (1)  The Florida Public Service Commission
967	shall direct a study of the electric transmission grid in the
968	state. The study shall look at electric system reliability to
969	examine the efficiency and reliability of power transfer and
970	emergency contingency conditions. In addition, the study shall
971	examine the hardening of infrastructure to address issues
972	arising from the 2004 and 2005 hurricane seasons. A report of
973	the results of the study shall be provided to the Governor, the
974	President of the Senate, and the Speaker of the House of
975	Representatives by March 1, 2007.
976	(2)  The commission shall conduct a review to determine
977	what should be done to enhance the reliability of Florida's
978	transmission and distribution grids during extreme weather
979	events, including the strengthening of distribution and
980	transmission facilities. Considerations may include:
981	(a)  Recommendations for promoting and encouraging
982	underground electric distribution for new service or
983	construction provided by public utilities.
984	(b)  Recommendations for promoting and encouraging the
985	conversion of existing overhead distribution facilities to
986	underground facilities, including any recommended incentives to
987	local governments for local-government-sponsored conversions.
988	(c)  Recommendations as to whether incentives for local-
989	government-sponsored conversions should include participation by
990	a public utility in the conversion costs as an investment in the
991	reliability of the grid in total, with such investment
992	recognized as a new plant in service for regulatory purposes.
993	(d)  Recommendations for promoting and encouraging the use
994	of road rights-of-way for the location of underground facilities
995	in any local-government-sponsored conversion project, provided
996	the customers of the public utility do not incur increased
997	liability and future relocation costs.
998	(3)  The commission shall submit its review and
999	recommendations to the Governor, the President of the Senate,
1000	and the Speaker of the House of Representatives by July 1, 2007.
1001	(4)  This section does not limit the existing jurisdiction
1002	or powers of the commission. It may not be construed to delay or
1003	defer any activities that are currently docketed which relate to
1004	matters to be addressed by the study required by this section,
1005	nor may it be construed to delay or defer any case or proceeding
1006	that may be initiated before the commission pursuant to current
1007	statutory powers of the commission.
1008	Section 20.  Subsections (5), (8), (9), (12), (18), (24),
1009	and (27) of section 403.503, Florida Statutes, are amended,
1010	subsections (6) through (28) are renumbered as (7) through (29),
1011	respectively, and new subsections (6) and (16) are added to that
1012	section, to read:
1013	403.503  Definitions relating to Florida Electrical Power
1014	Plant Siting Act.--As used in this act:
1015	(5)  "Application" means the documents required by the
1016	department to be filed to initiate a certification review and
1017	evaluation, including the initial document filing, amendments,
1018	and responses to requests from the department for additional
1019	data and information proceeding and shall include the documents
1020	necessary for the department to render a decision on any permit
1021	required pursuant to any federally delegated or approved permit
1022	program.
1023	(6)  "Associated facilities" means, for the purpose of
1024	certification, those facilities which directly support the
1025	construction and operation of the electrical power plant such as
1026	fuel unloading facilities; pipelines necessary for transporting
1027	fuel for the operation of the facility or other fuel
1028	transportation facilities; water or wastewater transport
1029	pipelines; construction, maintenance, and access roads; and
1030	railway lines necessary for transport of construction equipment
1031	or fuel for the operation of the facility.
1032	(8)  "Completeness" means that the application has
1033	addressed all applicable sections of the prescribed application
1034	format, and but does not mean that those sections are sufficient
1035	in comprehensiveness of data or in quality of information
1036	provided to allow the department to determine whether the
1037	application provides the reviewing agencies adequate information
1038	to prepare the reports required by s. 403.507.
1039	(9)  "Corridor" means the proposed area within which an
1040	associated linear facility right-of-way is to be located. The
1041	width of the corridor proposed for certification as an
1042	associated facility, at the option of the applicant, may be the
1043	width of the right-of-way or a wider boundary, not to exceed a
1044	width of 1 mile. The area within the corridor in which a right-
1045	of-way may be located may be further restricted by a condition
1046	of certification. After all property interests required for the
1047	right-of-way have been acquired by the licensee applicant, the
1048	boundaries of the area certified shall narrow to only that land
1049	within the boundaries of the right-of-way.
1050	(12)  "Electrical power plant" means, for the purpose of
1051	certification, any steam or solar electrical generating facility
1052	using any process or fuel, including nuclear materials, and
1053	includes associated facilities which directly support the
1054	construction and operation of the electrical power plant and
1055	those associated transmission lines which connect the electrical
1056	power plant to an existing transmission network or rights-of-way
1057	to which the applicant intends to connect, except that this term
1058	does not include any steam or solar electrical generating
1059	facility of less than 75 megawatts in capacity unless the
1060	applicant for such a facility elects to apply for certification
1061	under this act. This term includes associated facilities to be
1062	owned by the applicant which are physically connected to the
1063	electrical power plant site or which are directly connected to
1064	the electrical power plant site by other proposed associated
1065	facilities to be owned by the applicant, and associated
1066	transmission lines to be owned by the applicant which connect
1067	the electrical power plant to an existing transmission network
1068	or rights-of-way of which the applicant intends to connect. An
1069	associated transmission line may include, At the applicant's
1070	option, this term may include, any offsite associated facilities
1071	which will not be owned by the applicant; offsite associated
1072	facilities which are owned by the applicant but which are not
1073	directly connected to the electrical power plant site; any
1074	proposed terminal or intermediate substations or substation
1075	expansions connected to the associated transmission line; or new
1076	transmission lines, upgrades, or improvements of an existing
1077	transmission line on any portion of the applicant's electrical
1078	transmission system necessary to support the generation injected
1079	into the system from the proposed electrical power plant.
1080	(16)  "Licensee" means an applicant that has obtained a
1081	certification order for the subject project.
1082	(19)(18)  "Nonprocedural requirements of agencies" means
1083	any agency's regulatory requirements established by statute,
1084	rule, ordinance, zoning ordinance, land development code, or
1085	comprehensive plan, excluding any provisions prescribing forms,
1086	fees, procedures, or time limits for the review or processing of
1087	information submitted to demonstrate compliance with such
1088	regulatory requirements.
1089	(25)(24)  "Right-of-way" means land necessary for the
1090	construction and maintenance of a connected associated linear
1091	facility, such as a railroad line, pipeline, or transmission
1092	line as owned by or proposed to be certified by the applicant.
1093	The typical width of the right-of-way shall be identified in the
1094	application. The right-of-way shall be located within the
1095	certified corridor and shall be identified by the applicant
1096	subsequent to certification in documents filed with the
1097	department prior to construction.
1098	(28)(27)  "Ultimate site capacity" means the maximum
1099	generating capacity for a site as certified by the board.
1100	"Sufficiency" means that the application is not only complete
1101	but that all sections are sufficient in the comprehensiveness of
1102	data or in the quality of information provided to allow the
1103	department to determine whether the application provides the
1104	reviewing agencies adequate information to prepare the reports
1105	required by s. 403.507.
1106	Section 21.  Subsections (1), (7), (9), and (10) of section
1107	403.504, Florida Statutes, are amended, and new subsections (9),
1108	(10), (11), and (12) are added to that section, to read:
1109	403.504  Department of Environmental Protection; powers and
1110	duties enumerated.--The department shall have the following
1111	powers and duties in relation to this act:
1112	(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54
1113	to implement the provisions of this act, including rules setting
1114	forth environmental precautions to be followed in relation to
1115	the location, construction, and operation of electrical power
1116	plants.
1117	(7)  To conduct studies and prepare a project written
1118	analysis under s. 403.507.
1119	(9)  To issue final orders after receipt of the
1120	administrative law judge's order relinquishing jurisdiction
1121	pursuant to s. 403.508(6).
1122	(10)  To act as clerk for the siting board.
1123	(11)  To administer and manage the terms and conditions of
1124	the certification order and supporting documents and records for
1125	the life of the facility.
1126	(12)  To issue emergency orders on behalf of the board for
1127	facilities licensed under this act.
1128	(9)  To notify all affected agencies of the filing of a
1129	notice of intent within 15 days after receipt of the notice.
1130	(10)  To issue, with the electrical power plant
1131	certification, any license required pursuant to any federally
1132	delegated or approved permit program.
1133	Section 22.  Section 403.5055, Florida Statutes, is amended
1134	to read:
1135	403.5055  Application for permits pursuant to s.
1136	403.0885.--In processing applications for permits pursuant to s.
1137	403.0885 that are associated with applications for electrical
1138	power plant certification:
1139	(1)  The procedural requirements set forth in 40 C.F.R. s.
1140	123.25, including public notice, public comments, and public
1141	hearings, shall be closely coordinated with the certification
1142	process established under this part. In the event of a conflict
1143	between the certification process and federally required
1144	procedures for NPDES permit issuance, the applicable federal
1145	requirements shall control.
1146	(2)  The department's proposed action pursuant to 40 C.F.R.
1147	s. 124.6, including any draft NPDES permit (containing the
1148	information required under 40 C.F.R. s. 124.6(d)), shall within
1149	130 days after the submittal of a complete application be
1150	publicly noticed and transmitted to the United States
1151	Environmental Protection Agency for its review pursuant to 33
1152	U.S.C. s. 1342(d).
1153	(2)(3)  If available at the time the department issues its
1154	project analysis pursuant to s. 403.507(5), the department shall
1155	include in its project analysis written analysis pursuant to s.
1156	403.507(3) copies of the department's proposed action pursuant
1157	to 40 C.F.R. s. 124.6 on any application for a NPDES permit; any
1158	corresponding comments received from the United States
1159	Environmental Protection Agency, the applicant, or the general
1160	public; and the department's response to those comments.
1161	(3)(4)  The department shall not issue or deny the permit
1162	pursuant to s. 403.0885 in advance of the issuance of the
1163	electrical electric power plant certification under this part
1164	unless required to do so by the provisions of federal law. When
1165	possible, any hearing on a permit issued pursuant to s. 403.0885
1166	shall be conducted in conjunction with the certification hearing
1167	held pursuant to this act. The department's actions on an NPDES
1168	permit shall be based on the record and recommended order of the
1169	certification hearing, if the hearing on the NPDES was conducted
1170	in conjunction with the certification hearing, and of any other
1171	proceeding held in connection with the application for an NPDES
1172	permit, timely public comments received with respect to the
1173	application, and the provisions of federal law. The department's
1174	action on an NPDES permit, if issued, shall differ from the
1175	actions taken by the siting board regarding the certification
1176	order if federal laws and regulations require different action
1177	to be taken to ensure compliance with the Clean Water Act, as
1178	amended, and implementing regulations. Nothing in this part
1179	shall be construed to displace the department's authority as the
1180	final permitting entity under the federally approved state NPDES
1181	program. Nothing in this part shall be construed to authorize
1182	the issuance of a state NPDES permit which does not conform to
1183	the requirements of the federally approved state NPDES program.
1184	The permit, if issued, shall be valid for no more than 5 years.
1185	(5)  The department's action on an NPDES permit renewal, if
1186	issued, shall differ from the actions taken by the siting board
1187	regarding the certification order if federal laws and
1188	regulations require different action to be taken to ensure
1189	compliance with the Clean Water Act, as amended, and
1190	implementing regulations.
1191	Section 23.  Section 403.506, Florida Statutes, is amended
1192	to read:
1193	403.506  Applicability, thresholds, and certification.--
1194	(1)  The provisions of this act shall apply to any
1195	electrical power plant as defined herein, except that the
1196	provisions of this act shall not apply to any electrical power
1197	plant or steam generating plant of less than 75 megawatts in
1198	capacity or to any substation to be constructed as part of an
1199	associated transmission line unless the applicant has elected to
1200	apply for certification of such plant or substation under this
1201	act. The provisions of this act shall not apply to any unit
1202	capacity expansion of 35 megawatts or less of an existing
1203	exothermic reaction cogeneration unit that was exempt from this
1204	act when it was originally built; however, this exemption shall
1205	not apply if the unit uses oil or natural gas for purposes other
1206	than unit startup. No construction of any new electrical power
1207	plant or expansion in steam generating capacity as measured by
1208	an increase in the maximum electrical generator rating of any
1209	existing electrical power plant may be undertaken after October
1210	1, 1973, without first obtaining certification in the manner as
1211	herein provided, except that this act shall not apply to any
1212	such electrical power plant which is presently operating or
1213	under construction or which has, upon the effective date of
1214	chapter 73-33, Laws of Florida, applied for a permit or
1215	certification under requirements in force prior to the effective
1216	date of such act.
1217	(2)  Except as provided in the certification, modification
1218	of nonnuclear fuels, internal related hardware, including
1219	increases in steam turbine efficiency, or operating conditions
1220	not in conflict with certification which increase the electrical
1221	output of a unit to no greater capacity than the maximum
1222	electrical generator rating operating capacity of the existing
1223	generator shall not constitute an alteration or addition to
1224	generating capacity which requires certification pursuant to
1225	this act.
1226	(3)  The application for any related department license
1227	which is required pursuant to any federally delegated or
1228	approved permit program shall be processed within the time
1229	periods allowed by this act, in lieu of those specified in s.
1230	120.60. However, permits issued pursuant to s. 403.0885 shall be
1231	processed in accordance with 40 C.F.R. part 123.
1232	Section 24.  Section 403.5064, Florida Statutes, is amended
1233	to read:
1234	403.5064  Application Distribution of application;
1235	schedules.--
1236	(1)  The formal date of filing of a certification
1237	application and commencement of the certification review process
1238	shall be when the applicant submits:
1239	(a)  Copies of the certification application in a quantity
1240	and format as prescribed by rule to the department and other
1241	agencies identified in s. 403.507(2)(a).
1242	(b)  The application fee specified under s. 403.518 to the
1243	department.
1244	(2)(1)  Within 7 days after the filing of an application,
1245	the department shall provide to the applicant and the Division
1246	of Administrative Hearings the names and addresses of any
1247	additional those affected or other agencies or persons entitled
1248	to notice and copies of the application and any amendments.
1249	Copies of the application shall be distributed within 5 days by
1250	the applicant to these additional agencies. This distribution
1251	shall not be a basis for altering the schedule of dates for the
1252	certification process.
1253	(3)  Any amendment to the application made prior to
1254	certification shall be disposed of as part of the original
1255	certification proceeding. Amendment of the application may be
1256	considered good cause for alteration of time limits pursuant to
1257	s. 403.5095.
1258	(4)(2)  Within 7 days after the filing of an application
1259	completeness has been determined, the department shall prepare a
1260	proposed schedule of dates for determination of completeness,
1261	submission of statements of issues, determination of
1262	sufficiency, and submittal of final reports, from affected and
1263	other agencies and other significant dates to be followed during
1264	the certification process, including dates for filing notices of
1265	appearance to be a party pursuant to s. 403.508(3)(4). This
1266	schedule shall be timely provided by the department to the
1267	applicant, the administrative law judge, all agencies identified
1268	pursuant to subsection (2) (1), and all parties. Within 7 days
1269	after the filing of the proposed schedule, the administrative
1270	law judge shall issue an order establishing a schedule for the
1271	matters addressed in the department's proposed schedule and
1272	other appropriate matters, if any.
1273	(5)(3)  Within 7 days after completeness has been
1274	determined, the applicant shall distribute copies of the
1275	application to all agencies identified by the department
1276	pursuant to subsection (1). Copies of changes and amendments to
1277	the application shall be timely distributed by the applicant to
1278	all affected agencies and parties who have received a copy of
1279	the application.
1280	(6)  Notice of the filing of the application shall be
1281	published in accordance with the requirements of s. 403.5115.
1282	Section 25.  Section 403.5065, Florida Statutes, is amended
1283	to read:
1284	403.5065  Appointment of administrative law judge; powers
1285	and duties.--
1286	(1)  Within 7 days after receipt of an application, whether
1287	complete or not, the department shall request the Division of
1288	Administrative Hearings to designate an administrative law judge
1289	to conduct the hearings required by this act. The division
1290	director shall designate an administrative law judge within 7
1291	days after receipt of the request from the department. In
1292	designating an administrative law judge for this purpose, the
1293	division director shall, whenever practicable, assign an
1294	administrative law judge who has had prior experience or
1295	training in electrical power plant site certification
1296	proceedings. Upon being advised that an administrative law judge
1297	has been appointed, the department shall immediately file a copy
1298	of the application and all supporting documents with the
1299	designated administrative law judge, who shall docket the
1300	application.
1301	(2)  The administrative law judge shall have all powers and
1302	duties granted to administrative law judges by chapter 120 and
1303	by the laws and rules of the department.
1304	Section 26.  Section 403.5066, Florida Statutes, is amended
1305	to read:
1306	403.5066  Determination of completeness.--
1307	(1)(a)  Within 30 days after the filing of an application,
1308	affected agencies shall file a statement with the department
1309	containing each agency's recommendations on the completeness of
1310	the application.
1311	(b)  Within 40 15 days after the filing receipt of an
1312	application, the department shall file a statement with the
1313	Division of Administrative Hearings, and with the applicant, and
1314	with all parties declaring its position with regard to the
1315	completeness, not the sufficiency, of the application. The
1316	department's statement shall be based upon consultation with the
1317	affected agencies.
1318	(2)(1)  If the department declares the application to be
1319	incomplete, the applicant, within 15 days after the filing of
1320	the statement by the department, shall file with the Division of
1321	Administrative Hearings, and with the department, and all
1322	parties a statement:
1323	(a)  A withdrawal of Agreeing with the statement of the
1324	department and withdrawing the application;
1325	(b)  A statement agreeing to supply the additional
1326	information necessary to make the application complete. Such
1327	additional information shall be provided within 30 days after
1328	the issuance of the department's statement on completeness of
1329	the application. The time schedules under this act shall not be
1330	tolled if the applicant makes the application complete within 30
1331	days after the issuance of the department's statement on
1332	completeness of the application. A subsequent finding by the
1333	department that the application remains incomplete, based upon
1334	the additional information submitted by the applicant or upon
1335	the failure of the applicant to timely submit the additional
1336	information, tolls the time schedules under this act until the
1337	application is determined complete; Agreeing with the statement
1338	of the department and agreeing to amend the application without
1339	withdrawing it. The time schedules referencing a complete
1340	application under this act shall not commence until the
1341	application is determined complete; or
1342	(c)  A statement contesting the department's determination
1343	of incompleteness; or contesting the statement of the
1344	department.
1345	(d)  A statement agreeing with the department and
1346	requesting additional time beyond 30 days to provide the
1347	information necessary to make the application complete. If the
1348	applicant exercises this option, the time schedules under this
1349	act are tolled until the application is determined complete.
1350	(3)(a)(2)  If the applicant contests the determination by
1351	the department that an application is incomplete, the
1352	administrative law judge shall schedule a hearing on the
1353	statement of completeness. The hearing shall be held as
1354	expeditiously as possible, but not later than 21 30 days after
1355	the filing of the statement by the department. The
1356	administrative law judge shall render a decision within 7 10
1357	days after the hearing.
1358	(b)  Parties to a hearing on the issue of completeness
1359	shall include the applicant, the department, and any agency that
1360	has jurisdiction over the matter in dispute.
1361	(c)(a)  If the administrative law judge determines that the
1362	application was not complete as filed, the applicant shall
1363	withdraw the application or make such additional submittals as
1364	necessary to complete it. The time schedules referencing a
1365	complete application under this act shall not commence until the
1366	application is determined complete.
1367	(d)(b)  If the administrative law judge determines that the
1368	application was complete at the time it was declared incomplete
1369	filed, the time schedules referencing a complete application
1370	under this act shall commence upon such determination.
1371	(4)  If the applicant provides additional information to
1372	address the issues identified in the determination of
1373	incompleteness, each affected agency may submit to the
1374	department, no later than 15 days after the applicant files the
1375	additional information, a recommendation on whether the agency
1376	believes the application is complete. Within 22 days after
1377	receipt of the additional information from the applicant
1378	submitted under paragraph (2)(b), paragraph (2)(d), or paragraph
1379	(3)(c), the department shall determine whether the additional
1380	information supplied by an applicant makes the application
1381	complete. If the department finds that the application is still
1382	incomplete, the applicant may exercise any of the options
1383	specified in subsection (2) as often as is necessary to resolve
1384	the dispute.
1385	Section 27.  Section 403.50663, Florida Statutes, is
1386	created to read:
1387	403.50663  Informational public meetings.--
1388	(1)  A local government within whose jurisdiction the power
1389	plant is proposed to be sited may hold one informational public
1390	meeting in addition to the hearings specifically authorized by
1391	this act on any matter associated with the electrical power
1392	plant proceeding. Such informational public meetings shall be
1393	held by the local government or by the regional planning council
1394	if the local government does not hold such meeting within 70
1395	days after the filing of the application. The purpose of an
1396	informational public meeting is for the local government or
1397	regional planning council to further inform the public about the
1398	proposed electrical power plant or associated facilities, obtain
1399	comments from the public, and formulate its recommendation with
1400	respect to the proposed electrical power plant.
1401	(2)  Informational public meetings shall be held solely at
1402	the option of each local government or regional planning council
1403	if a public meeting is not held by the local government. It is
1404	the legislative intent that local governments or regional
1405	planning councils attempt to hold such public meetings. Parties
1406	to the proceedings under this act shall be encouraged to attend;
1407	however, no party other than the applicant and the department
1408	shall be required to attend such informational public meetings.
1409	(3)  A local government or regional planning council that
1410	intends to conduct an informational public meeting must provide
1411	notice of the meeting to all parties not less than 5 days prior
1412	to the meeting.
1413	(4)  The failure to hold an informational public meeting or
1414	the procedure used for the informational public meeting are not
1415	grounds for the alteration of any time limitation in this act
1416	under s. 403.5095 or grounds to deny or condition certification.
1417	Section 28.  Section 403.50665, Florida Statutes, is
1418	created to read:
1419	403.50665  Land use consistency.--
1420	(1)  The applicant shall include in the application a
1421	statement on the consistency of the site or any directly
1422	associated facilities with existing land use plans and zoning
1423	ordinances that were in effect on the date the application was
1424	filed and a full description of such consistency.
1425	(2)  Within 45 days after the filing of the application,
1426	each local government shall file a determination with the
1427	department, the applicant, the administrative law judge, and all
1428	parties on the consistency of the site or any directly
1429	associated facilities with existing land use plans and zoning
1430	ordinances that were in effect on the date the application was
1431	filed, based on the information provided in the application. The
1432	local government may issue its determination up to 35 days later
1433	if the local government has requested additional information on
1434	land use and zoning consistency as part of the local
1435	government's statement on completeness of the application
1436	submitted pursuant to s. 403.5066(1)(a). Notice of the
1437	consistency determination shall be published in accordance with
1438	the requirements of s. 403.5115.
1439	(3)  If the local government issues a determination that
1440	the proposed electrical power plant is not consistent or in
1441	compliance with local land use plans and zoning ordinances, the
1442	applicant may apply to the local government for the necessary
1443	local approval to address the inconsistencies in the local
1444	government's determination. If the applicant makes such an
1445	application to the local government, the time schedules under
1446	this act shall be tolled until the local government issues its
1447	revised determination on land use and zoning or the applicant
1448	otherwise withdraws its application to the local government. If
1449	the applicant applies to the local government for necessary
1450	local land use or zoning approval, the local government shall
1451	issue a revised determination within 30 days following the
1452	conclusion of that local proceeding, and the time schedules and
1453	notice requirements under this act shall apply to such revised
1454	determination.
1455	(4)  If any substantially affected person wishes to dispute
1456	the local government's determination, he or she shall file a
1457	petition with the department within 21 days after the
1458	publication of notice of the local government's determination.
1459	If a hearing is requested, the provisions of s. 403.508(1) shall
1460	apply.
1461	(5)  The dates in this section may be altered upon
1462	agreement between the applicant, the local government, and the
1463	department pursuant to s. 403.5095.
1464	(6)  If it is determined by the local government that the
1465	proposed site or directly associated facility does conform with
1466	existing land use plans and zoning ordinances in effect as of
1467	the date of the application and no petition has been filed, the
1468	responsible zoning or planning authority shall not thereafter
1469	change such land use plans or zoning ordinances so as to
1470	foreclose construction and operation of the proposed site or
1471	directly associated facilities unless certification is
1472	subsequently denied or withdrawn.
1473	Section 29.  Section 403.5067, Florida Statutes, is
1474	repealed.
1475	Section 30.  Section 403.507, Florida Statutes, is amended
1476	to read:
1477	403.507  Preliminary statements of issues, reports, project
1478	analyses, and studies.--
1479	(1)  Each affected agency identified in paragraph (2)(a)
1480	shall submit a preliminary statement of issues to the
1481	department, and the applicant, and all parties no later than 40
1482	60 days after the certification application has been determined
1483	distribution of the complete application. The failure to raise
1484	an issue in this statement shall not preclude the issue from
1485	being raised in the agency's report.
1486	(2)(a)  No later than 100 days after the certification
1487	application has been determined complete, the following agencies
1488	shall prepare reports as provided below and shall submit them to
1489	the department and the applicant within 150 days after
1490	distribution of the complete application:
1491	1.  The Department of Community Affairs shall prepare a
1492	report containing recommendations which address the impact upon
1493	the public of the proposed electrical power plant, based on the
1494	degree to which the electrical power plant is consistent with
1495	the applicable portions of the state comprehensive plan,
1496	emergency management, and other such matters within its
1497	jurisdiction. The Department of Community Affairs may also
1498	comment on the consistency of the proposed electrical power
1499	plant with applicable strategic regional policy plans or local
1500	comprehensive plans and land development regulations.
1501	2.  The Public Service Commission shall prepare a report as
1502	to the present and future need for the electrical generating
1503	capacity to be supplied by the proposed electrical power plant.
1504	The report shall include the commission's determination pursuant
1505	to s. 403.519 and may include the commission's comments with
1506	respect to any other matters within its jurisdiction.
1507	2.3.  The water management district shall prepare a report
1508	as to matters within its jurisdiction, including but not limited
1509	to, the impact of the proposed electrical power plant on water
1510	resources, regional water supply planning, and district-owned
1511	lands and works.
1512	3.4.  Each local government in whose jurisdiction the
1513	proposed electrical power plant is to be located shall prepare a
1514	report as to the consistency of the proposed electrical power
1515	plant with all applicable local ordinances, regulations,
1516	standards, or criteria that apply to the proposed electrical
1517	power plant, including adopted local comprehensive plans, land
1518	development regulations, and any applicable local environmental
1519	regulations adopted pursuant to s. 403.182 or by other means.
1520	4.5.  The Fish and Wildlife Conservation Commission shall
1521	prepare a report as to matters within its jurisdiction.
1522	5.6.  Each The regional planning council shall prepare a
1523	report containing recommendations that address the impact upon
1524	the public of the proposed electrical power plant, based on the
1525	degree to which the electrical power plant is consistent with
1526	the applicable provisions of the strategic regional policy plan
1527	adopted pursuant to chapter 186 and other matters within its
1528	jurisdiction.
1529	6.  The Department of Transportation shall address the
1530	impact of the proposed electrical power plant on matters within
1531	its jurisdiction.
1532	(b)7.  Any other agency, if requested by the department,
1533	shall also perform studies or prepare reports as to matters
1534	within that agency's jurisdiction which may potentially be
1535	affected by the proposed electrical power plant.
1536	(b)  As needed to verify or supplement the studies made by
1537	the applicant in support of the application, it shall be the
1538	duty of the department to conduct, or contract for, studies of
1539	the proposed electrical power plant and site, including, but not
1540	limited to, the following, which shall be completed no later
1541	than 210 days after the complete application is filed with the
1542	department:
1543	1.  Cooling system requirements.
1544	2.  Construction and operational safeguards.
1545	3.  Proximity to transportation systems.
1546	4.  Soil and foundation conditions.
1547	5.  Impact on suitable present and projected water supplies
1548	for this and other competing uses.
1549	6.  Impact on surrounding land uses.
1550	7.  Accessibility to transmission corridors.
1551	8.  Environmental impacts.
1552	9.  Requirements applicable under any federally delegated
1553	or approved permit program.
1554	(3)(c)  Each report described in subsection (2) paragraphs
1555	(a) and (b) shall contain:
1556	(a)  A notice of any nonprocedural requirements not
1557	specifically listed in the application from which a variance,
1558	exemption, exception all information on variances, exemptions,
1559	exceptions, or other relief is necessary in order for the
1560	proposed electrical power plant to be certified. Failure of such
1561	notification by an agency shall be treated as a waiver from
1562	nonprocedural requirements of that agency. However, no variance
1563	shall be granted from standards or regulations of the department
1564	applicable under any federally delegated or approved permit
1565	program, except as expressly allowed in such program. which may
1566	be required by s. 403.511(2) and
1567	(b)  A recommendation for approval or denial of the
1568	application.
1569	(c)  Any proposed conditions of certification on matters
1570	within the jurisdiction of such agency. For each condition
1571	proposed by an agency in its report, the agency shall list the
1572	specific statute, rule, or ordinance which authorizes the
1573	proposed condition.
1574	(d)  The agencies shall initiate the activities required by
1575	this section no later than 15 30 days after the complete
1576	application is distributed. The agencies shall keep the
1577	applicant and the department informed as to the progress of the
1578	studies and any issues raised thereby.
1579	(3)  No later than 60 days after the application for a
1580	federally required new source review or prevention of
1581	significant deterioration permit for the electrical power plant
1582	is complete and sufficient, the department shall issue its
1583	preliminary determination on such permit. Notice of such
1584	determination shall be published as required by the department's
1585	rules for notices of such permits. The department shall receive
1586	public comments and comments from the United States
1587	Environmental Protection Agency and other affected agencies on
1588	the preliminary determination as provided for in the federally
1589	approved state implementation plan. The department shall
1590	maintain a record of all comments received and considered in
1591	taking action on such permits. If a petition for an
1592	administrative hearing on the department's preliminary
1593	determination is filed by a substantially affected person, that
1594	hearing shall be consolidated with the certification hearing.
1595	(4)(a)  No later than 150 days after the application is
1596	filed, the Public Service Commission shall prepare a report as
1597	to the present and future need for electrical generating
1598	capacity to be supplied by the proposed electrical power plant.
1599	The report shall include the commission's determination pursuant
1600	to s. 403.519 and may include the commission's comments with
1601	respect to any other matters within its jurisdiction.
1602	(b)  Receipt of an affirmative determination of need by the
1603	submittal deadline under paragraph (a) shall be a condition
1604	precedent to issuance of the department's project analysis and
1605	conduct of the certification hearing.
1606	(5)(4)  The department shall prepare a project written
1607	analysis, which shall be filed with the designated
1608	administrative law judge and served on all parties no later than
1609	130 240 days after the complete application is determined
1610	complete filed with the department, but no later than 60 days
1611	prior to the hearing, and which shall include:
1612	(a)  A statement indicating whether the proposed electrical
1613	power plant and proposed ultimate site capacity will be in
1614	compliance and consistent with matters within the department's
1615	standard jurisdiction, including with the rules of the
1616	department, as well as whether the proposed electrical power
1617	plant and proposed ultimate site capacity will be in compliance
1618	with the nonprocedural requirements of the affected agencies.
1619	(b)  Copies of the studies and reports required by this
1620	section and s. 403.519.
1621	(c)  The comments received by the department from any other
1622	agency or person.
1623	(d)  The recommendation of the department as to the
1624	disposition of the application, of variances, exemptions,
1625	exceptions, or other relief identified by any party, and of any
1626	proposed conditions of certification which the department
1627	believes should be imposed.
1628	(e)  If available, the recommendation of the department
1629	regarding the issuance of any license required pursuant to a
1630	federally delegated or approved permit program.
1631	(f)  Copies of the department's draft of the operation
1632	permit for a major source of air pollution, which must also be
1633	provided to the United States Environmental Protection Agency
1634	for review within 5 days after issuance of the written analysis.
1635	(6)(5)  Except when good cause is shown, the failure of any
1636	agency to submit a preliminary statement of issues or a report,
1637	or to submit its preliminary statement of issues or report
1638	within the allowed time, shall not be grounds for the alteration
1639	of any time limitation in this act. Neither the failure to
1640	submit a preliminary statement of issues or a report nor the
1641	inadequacy of the preliminary statement of issues or report are
1642	shall be grounds to deny or condition certification.
1643	Section 31.  Section 403.508, Florida Statutes, is amended
1644	to read:
1645	403.508  Land use and certification hearings proceedings,
1646	parties, participants.--
1647	(1)(a)  If a petition for a hearing on land use has been
1648	filed pursuant to s. 403.50665, the designated administrative
1649	law judge shall conduct a land use hearing in the county of the
1650	proposed site or directly associated facility, as applicable, as
1651	expeditiously as possible, but not later than 30 within 90 days
1652	after the department's receipt of the petition a complete
1653	application for electrical power plant site certification by the
1654	department. The place of such hearing shall be as close as
1655	possible to the proposed site or directly associated facility.
1656	If a petition is filed, the hearing shall be held regardless of
1657	the status of the completeness of the application. However,
1658	incompleteness of information necessary for a local government
1659	to evaluate an application may be claimed by the local
1660	government as cause for a statement of inconsistency with
1661	existing land use plans and zoning ordinances under s.
1662	403.50665.
1663	(b)  Notice of the land use hearing shall be published in
1664	accordance with the requirements of s. 403.5115.
1665	(c)(2)  The sole issue for determination at the land use
1666	hearing shall be whether or not the proposed site is consistent
1667	and in compliance with existing land use plans and zoning
1668	ordinances. If the administrative law judge concludes that the
1669	proposed site is not consistent or in compliance with existing
1670	land use plans and zoning ordinances, the administrative law
1671	judge shall receive at the hearing evidence on, and address in
1672	the recommended order any changes to or approvals or variances
1673	under, the applicable land use plans or zoning ordinances which
1674	will render the proposed site consistent and in compliance with
1675	the local land use plans and zoning ordinances.
1676	(d)  The designated administrative law judge's recommended
1677	order shall be issued within 30 days after completion of the
1678	hearing and shall be reviewed by the board within 60 45 days
1679	after receipt of the recommended order by the board.
1680	(e)  If it is determined by the board that the proposed
1681	site does conform with existing land use plans and zoning
1682	ordinances in effect as of the date of the application, or as
1683	otherwise provided by this act, the responsible zoning or
1684	planning authority shall not thereafter change such land use
1685	plans or zoning ordinances so as to foreclose construction and
1686	operation of affect the proposed electrical power plant on the
1687	proposed site or directly associated facilities unless
1688	certification is subsequently denied or withdrawn.
1689	(f)  If it is determined by the board that the proposed
1690	site does not conform with existing land use plans and zoning
1691	ordinances, it shall be the responsibility of the applicant to
1692	make the necessary application for rezoning. Should the
1693	application for rezoning be denied, the applicant may appeal
1694	this decision to the board, which may, if it determines after
1695	notice and hearing and upon consideration of the recommended
1696	order on land use and zoning issues that it is in the public
1697	interest to authorize the use of the land as a site for an
1698	electrical power plant, authorize a variance or other necessary
1699	approval to the adopted land use plan and zoning ordinances
1700	required to render the proposed site consistent with local land
1701	use plans and zoning ordinances. The board's action shall not be
1702	controlled by any other procedural requirements of law. In the
1703	event a variance or other approval is denied by the board, it
1704	shall be the responsibility of the applicant to make the
1705	necessary application for any approvals determined by the board
1706	as required to make the proposed site consistent and in
1707	compliance with local land use plans and zoning ordinances. No
1708	further action may be taken on the complete application by the
1709	department until the proposed site conforms to the adopted land
1710	use plan or zoning ordinances or the board grants relief as
1711	provided under this act.
1712	(2)(a)(3)  A certification hearing shall be held by the
1713	designated administrative law judge no later than 265 300 days
1714	after the complete application is filed with the department;
1715	however, an affirmative determination of need by the Public
1716	Service Commission pursuant to s. 403.519 shall be a condition
1717	precedent to the conduct of the certification hearing. The
1718	certification hearing shall be held at a location in proximity
1719	to the proposed site. The certification hearing shall also
1720	constitute the sole hearing allowed by chapter 120 to determine
1721	the substantial interest of a party regarding any required
1722	agency license or any related permit required pursuant to any
1723	federally delegated or approved permit program. At the
1724	conclusion of the certification hearing, the designated
1725	administrative law judge shall, after consideration of all
1726	evidence of record, submit to the board a recommended order no
1727	later than 45 60 days after the filing of the hearing
1728	transcript. In the event the administrative law judge fails to
1729	issue a recommended order within 60 days after the filing of the
1730	hearing transcript, the administrative law judge shall submit a
1731	report to the board with a copy to all parties within 60 days
1732	after the filing of the hearing transcript to advise the board
1733	of the reason for the delay in the issuance of the recommended
1734	order and of the date by which the recommended order will be
1735	issued.
1736	(b)  Notice of the certification hearing and notice of the
1737	deadline for filing of notice of intent to be a party shall be
1738	made in accordance with the requirements of s. 403.5115.
1739	(3)(a)(4)(a)  Parties to the proceeding shall include:
1740	1.  The applicant.
1741	2.  The Public Service Commission.
1742	3.  The Department of Community Affairs.
1743	4.  The Fish and Wildlife Conservation Commission.
1744	5.  The water management district.
1745	6.  The department.
1746	7.  The regional planning council.
1747	8.  The local government.
1748	9.  The Department of Transportation.
1749	(b)  Any party listed in paragraph (a) other than the
1750	department or the applicant may waive its right to participate
1751	in these proceedings. If such listed party fails to file a
1752	notice of its intent to be a party on or before the 90th day
1753	prior to the certification hearing, such party shall be deemed
1754	to have waived its right to be a party.
1755	(c)  Notwithstanding the provisions of chapter 120, upon
1756	the filing with the administrative law judge of a notice of
1757	intent to be a party no later than 75 days after the application
1758	is filed at least 15 days prior to the date of the land use
1759	hearing, the following shall also be parties to the proceeding:
1760	1.  Any agency not listed in paragraph (a) as to matters
1761	within its jurisdiction.
1762	2.  Any domestic nonprofit corporation or association
1763	formed, in whole or in part, to promote conservation or natural
1764	beauty; to protect the environment, personal health, or other
1765	biological values; to preserve historical sites; to promote
1766	consumer interests; to represent labor, commercial, or
1767	industrial groups; or to promote comprehensive planning or
1768	orderly development of the area in which the proposed electrical
1769	power plant is to be located.
1770	(d)  Notwithstanding paragraph (e), failure of an agency
1771	described in subparagraph (c)1. to file a notice of intent to be
1772	a party within the time provided herein shall constitute a
1773	waiver of the right of that agency to participate as a party in
1774	the proceeding.
1775	(e)  Other parties may include any person, including those
1776	persons enumerated in paragraph (c) who have failed to timely
1777	file a notice of intent to be a party, whose substantial
1778	interests are affected and being determined by the proceeding
1779	and who timely file a motion to intervene pursuant to chapter
1780	120 and applicable rules. Intervention pursuant to this
1781	paragraph may be granted at the discretion of the designated
1782	administrative law judge and upon such conditions as he or she
1783	may prescribe any time prior to 30 days before the commencement
1784	of the certification hearing.
1785	(f)  Any agency, including those whose properties or works
1786	are being affected pursuant to s. 403.509(4), shall be made a
1787	party upon the request of the department or the applicant.
1788	(4)(a)  The order of presentation at the certification
1789	hearing, unless otherwise changed by the administrative law
1790	judge to ensure the orderly presentation of witnesses and
1791	evidence, shall be:
1792	1.  The applicant.
1793	2.  The department.
1794	3.  State agencies.
1795	4.  Regional agencies, including regional planning councils
1796	and water management districts.
1797	5.  Local governments.
1798	6.  Other parties.
1799	(b)(5)  When appropriate, any person may be given an
1800	opportunity to present oral or written communications to the
1801	designated administrative law judge. If the designated
1802	administrative law judge proposes to consider such
1803	communications, then all parties shall be given an opportunity
1804	to cross-examine or challenge or rebut such communications.
1805	(5)  At the conclusion of the certification hearing, the
1806	designated administrative law judge shall, after consideration
1807	of all evidence of record, submit to the board a recommended
1808	order no later than 45 days after the filing of the hearing
1809	transcript.
1810	(6)(a)  No earlier than 29 days prior to the conduct of the
1811	certification hearing, the department or the applicant may
1812	request that the administrative law judge cancel the
1813	certification hearing and relinquish jurisdiction to the
1814	department if all parties to the proceeding stipulate that there
1815	are no disputed issues of fact or law to be raised at the
1816	certification hearing, and if sufficient time remains for the
1817	applicant and the department to publish public notices of the
1818	cancellation of the hearing at least 3 days prior to the
1819	scheduled date of the hearing.
1820	(b)  The administrative law judge shall issue an order
1821	granting or denying the request within 5 days after receipt of
1822	the request.
1823	(c)  If the administrative law judge grants the request,
1824	the department and the applicant shall publish notices of the
1825	cancellation of the certification hearing, in accordance with s.
1826	403.5115.
1827	(d)1.  If the administrative law judge grants the request,
1828	the department shall prepare and issue a final order in
1829	accordance with s. 403.509(1)(a).
1830	2.  Parties may submit proposed recommended orders to the
1831	department no later than 10 days after the administrative law
1832	judge issues an order relinquishing jurisdiction.
1833	(7)  The applicant shall pay those expenses and costs
1834	associated with the conduct of the hearings and the recording
1835	and transcription of the proceedings.
1836	(6)  The designated administrative law judge shall have all
1837	powers and duties granted to administrative law judges by
1838	chapter 120 and this chapter and by the rules of the department
1839	and the Administration Commission, including the authority to
1840	resolve disputes over the completeness and sufficiency of an
1841	application for certification.
1842	(7)  The order of presentation at the certification
1843	hearing, unless otherwise changed by the administrative law
1844	judge to ensure the orderly presentation of witnesses and
1845	evidence, shall be:
1846	(a)  The applicant.
1847	(b)  The department.
1848	(c)  State agencies.
1849	(d)  Regional agencies, including regional planning
1850	councils and water management districts.
1851	(e)  Local governments.
1852	(f)  Other parties.
1853	(8)  In issuing permits under the federally approved new
1854	source review or prevention of significant deterioration permit
1855	program, the department shall observe the procedures specified
1856	under the federally approved state implementation plan,
1857	including public notice, public comment, public hearing, and
1858	notice of applications and amendments to federal, state, and
1859	local agencies, to assure that all such permits issued in
1860	coordination with the certification of a power plant under this
1861	act are federally enforceable and are issued after opportunity
1862	for informed public participation regarding the terms and
1863	conditions thereof. When possible, any hearing on a federally
1864	approved or delegated program permit such as new source review,
1865	prevention of significant deterioration permit, or NPDES permit
1866	shall be conducted in conjunction with the certification hearing
1867	held under this act. The department shall accept written comment
1868	with respect to an application for, or the department's
1869	preliminary determination on, a new source review or prevention
1870	of significant deterioration permit for a period of no less than
1871	30 days from the date notice of such action is published. Upon
1872	request submitted within 30 days after published notice, the
1873	department shall hold a public meeting, in the area affected,
1874	for the purpose of receiving public comment on issues related to
1875	the new source review or prevention of significant deterioration
1876	permit. If requested following notice of the department's
1877	preliminary determination, the public meeting to receive public
1878	comment shall be held prior to the scheduled certification
1879	hearing. The department shall also solicit comments from the
1880	United States Environmental Protection Agency and other affected
1881	federal agencies regarding the department's preliminary
1882	determination for any federally required new source review or
1883	prevention of significant deterioration permit. It is the intent
1884	of the Legislature that the review, processing, and issuance of
1885	such federally delegated or approved permits be closely
1886	coordinated with the certification process established under
1887	this part. In the event of a conflict between the certification
1888	process and federally required procedures contained in the state
1889	implementation plan, the applicable federal requirements of the
1890	implementation plan shall control.
1891	Section 32.  Section 403.509, Florida Statutes, is amended
1892	to read:
1893	403.509  Final disposition of application.--
1894	(1)(a)  If the administrative law judge has granted a
1895	request to cancel the certification hearing and has relinquished
1896	jurisdiction to the department under the provisions of s.
1897	403.508(6), within 40 days thereafter, the secretary of the
1898	department shall act upon the application by written order in
1899	accordance with the terms of this act and the stipulation of the
1900	parties in requesting cancellation of the certification hearing.
1901	(b)  If the administrative law judge has not granted a
1902	request to cancel the certification hearing under the provisions
1903	of s. 403.508(6), within 60 days after receipt of the designated
1904	administrative law judge's recommended order, the board shall
1905	act upon the application by written order, approving
1906	certification or denying certification the issuance of a
1907	certificate, in accordance with the terms of this act, and
1908	stating the reasons for issuance or denial. If certification the
1909	certificate is denied, the board shall set forth in writing the
1910	action the applicant would have to take to secure the board's
1911	approval of the application.
1912	(2)  The issues that may be raised in any hearing before
1913	the board shall be limited to those matters raised in the
1914	certification proceeding before the administrative law judge or
1915	raised in the recommended order. All parties, or their
1916	representatives, or persons who appear before the board shall be
1917	subject to the provisions of s. 120.66.
1918	(3)  In determining whether an application should be
1919	approved in whole, approved with modifications or conditions, or
1920	denied, the board, or secretary when applicable, shall consider
1921	whether, and the extent to which, the location of the electrical
1922	power plant and directly associated facilities and their
1923	construction and operation will:
1924	(a)  Provide reasonable assurance that operational
1925	safeguards are technically sufficient for the public welfare and
1926	protection.
1927	(b)  Comply with applicable nonprocedural requirements of
1928	agencies.
1929	(c)  Be consistent with applicable local government
1930	comprehensive plans and land development regulations.
1931	(d)  Meet the electrical energy needs of the state in an
1932	orderly and timely fashion.
1933	(e)  Effect a reasonable balance between the need for the
1934	facility as established pursuant to s. 403.519, and the impacts
1935	upon air and water quality, fish and wildlife, water resources,
1936	and other natural resources of the state resulting from the
1937	construction and operation of the facility.
1938	(f)  Minimize, through the use of reasonable and available
1939	methods, the adverse effects on human health, the environment,
1940	and the ecology of the land and its wildlife and the ecology of
1941	state waters and their aquatic life.
1942	(g)  Serve and protect the broad interests of the public.
1943	(3)  Within 30 days after issuance of the certification,
1944	the department shall issue and forward to the United States
1945	Environmental Protection Agency a proposed operation permit for
1946	a major source of air pollution and must issue or deny any other
1947	license required pursuant to any federally delegated or approved
1948	permit program. The department's action on the license and its
1949	action on the proposed operation permit for a major source of
1950	air pollution shall be based upon the record and recommended
1951	order of the certification hearing. The department's actions on
1952	a federally required new source review or prevention of
1953	significant deterioration permit shall be based on the record
1954	and recommended order of the certification hearing and of any
1955	other proceeding held in connection with the application for a
1956	new source review or prevention of significant deterioration
1957	permit, on timely public comments received with respect to the
1958	application or preliminary determination for such permit, and on
1959	the provisions of the state implementation plan.
1960	(4)  The department's action on a federally required new
1961	source review or prevention of significant deterioration permit
1962	shall differ from the actions taken by the siting board
1963	regarding the certification if the federally approved state
1964	implementation plan requires such a different action to be taken
1965	by the department. Nothing in this part shall be construed to
1966	displace the department's authority as the final permitting
1967	entity under the federally approved permit program. Nothing in
1968	this part shall be construed to authorize the issuance of a new
1969	source review or prevention of significant deterioration permit
1970	which does not conform to the requirements of the federally
1971	approved state implementation plan. Any final operation permit
1972	for a major source of air pollution must be issued in accordance
1973	with the provisions of s. 403.0872. Unless the federally
1974	delegated or approved permit program provides otherwise,
1975	licenses issued by the department under this subsection shall be
1976	effective for the term of the certification issued by the board.
1977	If renewal of any license issued by the department pursuant to a
1978	federally delegated or approved permit program is required, such
1979	renewal shall not affect the certification issued by the board,
1980	except as necessary to resolve inconsistencies pursuant to s.
1981	403.516(1)(a).
1982	(5)(4)  In regard to the properties and works of any agency
1983	which is a party to the certification hearing, the board shall
1984	have the authority to decide issues relating to the use, the
1985	connection thereto, or the crossing thereof, for the electrical
1986	power plant and directly associated facilities site and to
1987	direct any such agency to execute, within 30 days after the
1988	entry of certification, the necessary license or easement for
1989	such use, connection, or crossing, subject only to the
1990	conditions set forth in such certification.
1991	(6)(5)  Except for the issuance of any operation permit for
1992	a major source of air pollution pursuant to s. 403.0872, The
1993	issuance or denial of the certification by the board or
1994	secretary of the department and the issuance or denial of any
1995	related department license required pursuant to any federally
1996	delegated or approved permit program shall be the final
1997	administrative action required as to that application.
1998	(6)  All certified electrical power plants must apply for
1999	and obtain a major source air-operation permit pursuant to s.
2000	403.0872. Major source air-operation permit applications for
2001	certified electrical power plants must be submitted pursuant to
2002	a schedule developed by the department. To the extent that any
2003	conflicting provision, limitation, or restriction under any
2004	rule, regulation, or ordinance imposed by any political
2005	subdivision of the state, or by any local pollution control
2006	program, was superseded during the certification process
2007	pursuant to s. 403.510(1), such rule, regulation, or ordinance
2008	shall continue to be superseded for purposes of the major source
2009	air-operation permit program under s. 403.0872.
2010	Section 33.  Section 403.511, Florida Statutes, is amended
2011	to read:
2012	403.511  Effect of certification.--
2013	(1)  Subject to the conditions set forth therein, any
2014	certification signed by the Governor shall constitute the sole
2015	license of the state and any agency as to the approval of the
2016	site and the construction and operation of the proposed
2017	electrical power plant, except for the issuance of department
2018	licenses required under any federally delegated or approved
2019	permit program and except as otherwise provided in subsection
2020	(4).
2021	(2)(a)  The certification shall authorize the licensee
2022	applicant named therein to construct and operate the proposed
2023	electrical power plant, subject only to the conditions of
2024	certification set forth in such certification, and except for
2025	the issuance of department licenses or permits required under
2026	any federally delegated or approved permit program.
2027	(b)1.  Except as provided in subsection (4), the
2028	certification may include conditions which constitute variances,
2029	exemptions, or exceptions from nonprocedural requirements of the
2030	department or any agency which were expressly considered during
2031	the proceeding, including, but not limited to, any site specific
2032	criteria, standards, or limitations under local land use and
2033	zoning approvals which affect the proposed electrical power
2034	plant or its site, unless waived by the agency as provided below
2035	and which otherwise would be applicable to the construction and
2036	operation of the proposed electrical power plant.
2037	2.  No variance, exemption, exception, or other relief
2038	shall be granted from a state statute or rule for the protection
2039	of endangered or threatened species, aquatic preserves,
2040	Outstanding National Resource Waters, or Outstanding Florida
2041	Waters or for the disposal of hazardous waste, except to the
2042	extent authorized by the applicable statute or rule or except
2043	upon a finding in the certification order by the siting board
2044	that the public interests set forth in s. 403.509(3) 403.502 in
2045	certifying the electrical power plant at the site proposed by
2046	the applicant overrides the public interest protected by the
2047	statute or rule from which relief is sought. Each party shall
2048	notify the applicant and other parties at least 60 days prior to
2049	the certification hearing of any nonprocedural requirements not
2050	specifically listed in the application from which a variance,
2051	exemption, exception, or other relief is necessary in order for
2052	the board to certify any electrical power plant proposed for
2053	certification. Failure of such notification by an agency shall
2054	be treated as a waiver from nonprocedural requirements of the
2055	department or any other agency. However, no variance shall be
2056	granted from standards or regulations of the department
2057	applicable under any federally delegated or approved permit
2058	program, except as expressly allowed in such program.
2059	(3)  The certification and any order on land use and zoning
2060	issued under this act shall be in lieu of any license, permit,
2061	certificate, or similar document required by any state,
2062	regional, or local agency pursuant to, but not limited to,
2063	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
2064	chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
2065	chapter 380, chapter 381, chapter 387, chapter 403, except for
2066	permits issued pursuant to any federally delegated or approved
2067	permit program s. 403.0885 and except as provided in s.
2068	403.509(3) and (6), chapter 404, or the Florida Transportation
2069	Code, or 33 U.S.C. s. 1341.
2070	(4)  This act shall not affect in any way the ratemaking
2071	powers of the Public Service Commission under chapter 366; nor
2072	shall this act in any way affect the right of any local
2073	government to charge appropriate fees or require that
2074	construction be in compliance with applicable building
2075	construction codes.
2076	(5)(a)  An electrical power plant certified pursuant to
2077	this act shall comply with rules adopted by the department
2078	subsequent to the issuance of the certification which prescribe
2079	new or stricter criteria, to the extent that the rules are
2080	applicable to electrical power plants. Except when express
2081	variances, exceptions, exemptions, or other relief have been
2082	granted, subsequently adopted rules which prescribe new or
2083	stricter criteria shall operate as automatic modifications to
2084	certifications.
2085	(b)  Upon written notification to the department, any
2086	holder of a certification issued pursuant to this act may choose
2087	to operate the certified electrical power plant in compliance
2088	with any rule subsequently adopted by the department which
2089	prescribes criteria more lenient than the criteria required by
2090	the terms and conditions in the certification which are not
2091	site-specific.
2092	(c)  No term or condition of certification shall be
2093	interpreted to preclude the postcertification exercise by any
2094	party of whatever procedural rights it may have under chapter
2095	120, including those related to rulemaking proceedings. This
2096	subsection shall apply to previously issued certifications.
2097	(6)  No term or condition of a site certification shall be
2098	interpreted to supersede or control the provisions of a final
2099	operation permit for a major source of air pollution issued by
2100	the department pursuant to s. 403.0872 to a such facility
2101	certified under this part.
2102	(7)  Pursuant to s. 380.23, electrical power plants are
2103	subject to the federal coastal consistency review program.
2104	Issuance of certification shall constitute the state's
2105	certification of coastal zone consistency.
2106	Section 34.  Section 403.5112, Florida Statutes, is created
2107	to read:
2108	403.5112  Filing of notice of certified corridor route.--
2109	(1)  Within 60 days after certification of a directly
2110	associated linear facility pursuant to this act, the applicant
2111	shall file, in accordance with s. 28.222, with the department
2112	and the clerk of the circuit court for each county through which
2113	the corridor will pass, a notice of the certified route.
2114	(2)  The notice shall consist of maps or aerial photographs
2115	in the scale of 1:24,000 which clearly show the location of the
2116	certified route and shall state that the certification of the
2117	corridor will result in the acquisition of rights-of-way within
2118	the corridor. Each clerk shall record the filing in the official
2119	record of the county for the duration of the certification or
2120	until such time as the applicant certifies to the department and
2121	the clerk that all lands required for the transmission line
2122	rights-of-way within the corridor have been acquired within such
2123	county, whichever is sooner.
2124	Section 35.  Section 403.5113, Florida Statutes, is created
2125	to read:
2126	403.5113  Postcertification amendments.--
2127	(1)  If, subsequent to certification by the board, a
2128	licensee proposes any material change to the application and
2129	revisions or amendments thereto, as certified, the licensee
2130	shall submit a written request for amendment and a description
2131	of the proposed change to the application to the department.
2132	Within 30 days after the receipt of the request for the
2133	amendment, the department shall determine whether the proposed
2134	change to the application requires a modification of the
2135	conditions of certification.
2136	(2)  If the department concludes that the change would not
2137	require a modification of the conditions of certification, the
2138	department shall provide written notification of the approval of
2139	the proposed amendment to the licensee, all agencies, and all
2140	other parties.
2141	(3)  If the department concludes that the change would
2142	require a modification of the conditions of certification, the
2143	department shall provide written notification to the licensee
2144	that the proposed change to the application requires a request
2145	for modification pursuant to s. 403.516.
2146	(4)  Postcertification submittals filed by the licensee
2147	with one or more agencies are for the purpose of monitoring for
2148	compliance with the issued certification and must be reviewed by
2149	the agencies on an expedited and priority basis because each
2150	facility certified under this act is a critical infrastructure
2151	facility. In no event shall a postcertification review be
2152	completed in more than 90 days after complete information is
2153	submitted to the reviewing agencies.
2154	Section 36.  Section 403.5115, Florida Statutes, is amended
2155	to read:
2156	403.5115  Public notice; costs of proceeding.--
2157	(1)  The following notices are to be published by the
2158	applicant:
2159	(a)  Notice A notice of the filing of a notice of intent
2160	under s. 403.5063, which shall be published within 21 days after
2161	the filing of the notice. The notice shall be published as
2162	specified by subsection (2), except that the newspaper notice
2163	shall be one-fourth page in size in a standard size newspaper or
2164	one-half page in size in a tabloid size newspaper.
2165	(b)  Notice A notice of filing of the application, which
2166	shall include a description of the proceedings required by this
2167	act, within 21 days after the date of the application filing be
2168	published as specified in subsection (2), within 15 days after
2169	the application has been determined complete. Such notice shall
2170	give notice of the provisions of s. 403.511(1) and (2) and that
2171	the application constitutes a request for a federally required
2172	new source review or prevention of significant deterioration
2173	permit.
2174	(c)  Notice of the land use determination made pursuant to
2175	s. 403.50665(1) within 21 days after the determination is filed.
2176	(d)  Notice of the land use hearing, which shall be
2177	published as specified in subsection (2), no later than 15 45
2178	days before the hearing.
2179	(e)(d)  Notice of the certification hearing and notice of
2180	the deadline for filing notice of intent to be a party, which
2181	shall be published as specified in subsection (2), at least 65
2182	days before the date set for the certification no later than 45
2183	days before the hearing.
2184	(f)  Notice of the cancellation of the certification
2185	hearing, if applicable, no later than 3 days before the date of
2186	the originally scheduled certification hearing.
2187	(g)(e)  Notice of modification when required by the
2188	department, based on whether the requested modification of
2189	certification will significantly increase impacts to the
2190	environment or the public. Such notice shall be published as
2191	specified under subsection (2):
2192	1.  Within 21 days after receipt of a request for
2193	modification., except that The newspaper notice shall be of a
2194	size as directed by the department commensurate with the scope
2195	of the modification.
2196	2.  If a hearing is to be conducted in response to the
2197	request for modification, then notice shall be published no
2198	later than 30 days before the hearing provided as specified in
2199	paragraph (d).
2200	(h)(f)  Notice of a supplemental application, which shall
2201	be published as specified in paragraph (b) and subsection
2202	(2).follows:
2203	1.  Notice of receipt of the supplemental application shall
2204	be published as specified in paragraph (b).
2205	2.  Notice of the certification hearing shall be published
2206	as specified in paragraph (d).
2207	(i)  Notice of existing site certification pursuant to s.
2208	403.5175. Notices shall be published as specified in paragraph
2209	(b) and subsection (2).
2210	(2)  Notices provided by the applicant shall be published
2211	in newspapers of general circulation within the county or
2212	counties in which the proposed electrical power plant will be
2213	located. The newspaper notices shall be at least one-half page
2214	in size in a standard size newspaper or a full page in a tabloid
2215	size newspaper and published in a section of the newspaper other
2216	than the legal notices section. These notices shall include a
2217	map generally depicting the project and all associated
2218	facilities corridors. A newspaper of general circulation shall
2219	be the newspaper which has the largest daily circulation in that
2220	county and has its principal office in that county. If the
2221	newspaper with the largest daily circulation has its principal
2222	office outside the county, the notices shall appear in both the
2223	newspaper having the largest circulation in that county and in a
2224	newspaper authorized to publish legal notices in that county.
2225	(3)  All notices published by the applicant shall be paid
2226	for by the applicant and shall be in addition to the application
2227	fee.
2228	(4)  The department shall arrange for publication of the
2229	following notices in the manner specified by chapter 120 and
2230	provide copies of those notices to any persons who have
2231	requested to be placed on the departmental mailing list for this
2232	purpose:
2233	(a)  Notice Publish in the Florida Administrative Weekly
2234	notices of the filing of the notice of intent within 15 days
2235	after receipt of the notice.;
2236	(b)  Notice of the filing of the application, no later than
2237	21 days after the application filing.;
2238	(c)  Notice of the land use determination made pursuant to
2239	s. 403.50665(1) within 21 days after the determination is filed.
2240	(d)  Notice of the land use hearing before the
2241	administrative law judge, if applicable, no later than 15 days
2242	before the hearing.;
2243	(e)  Notice of the land use hearing before the board, if
2244	applicable.
2245	(f)  Notice of the certification hearing at least 45 days
2246	before the date set for the certification hearing.;
2247	(g)  Notice of the cancellation of the certification
2248	hearing, if applicable, no later than 3 days prior to the date
2249	of the originally scheduled certification hearing.
2250	(h)  Notice of the hearing before the board, if
2251	applicable.;
2252	(i)  Notice and of stipulations, proposed agency action, or
2253	petitions for modification.; and
2254	(b)  Provide copies of those notices to any persons who
2255	have requested to be placed on the departmental mailing list for
2256	this purpose.
2257	(5)  The applicant shall pay those expenses and costs
2258	associated with the conduct of the hearings and the recording
2259	and transcription of the proceedings.
2260	Section 37.  Section 403.513, Florida Statutes, is amended
2261	to read:
2262	403.513  Review.--Proceedings under this act shall be
2263	subject to judicial review as provided in chapter 120. When
2264	possible, separate appeals of the certification order issued by
2265	the board and of any department permit issued pursuant to a
2266	federally delegated or approved permit program may shall be
2267	consolidated for purposes of judicial review.
2268	Section 38.  Section 403.516, Florida Statutes, is amended
2269	to read:
2270	403.516  Modification of certification.--
2271	(1)  A certification may be modified after issuance in any
2272	one of the following ways:
2273	(a)  The board may delegate to the department the authority
2274	to modify specific conditions in the certification.
2275	(b)1.  The department may modify specific conditions of a
2276	site certification which are inconsistent with the terms of any
2277	federally delegated or approved final air pollution operation
2278	permit for the certified electrical power plant issued by the
2279	United States Environmental Protection Agency under the terms of
2280	42 U.S.C. s. 7661d.
2281	2.  Such modification may be made without further notice if
2282	the matter has been previously noticed under the requirements
2283	for any federally delegated or approved permit program.
2284	(c)  The licensee may file a petition for modification with
2285	the department, or the department may initiate the modification
2286	upon its own initiative.
2287	1.  A petition for modification must set forth:
2288	a.  The proposed modification.
2289	b.  The factual reasons asserted for the modification.
2290	c.  The anticipated environmental effects of the proposed
2291	modification.
2292	2.(b)  The department may modify the terms and conditions
2293	of the certification if no party to the certification hearing
2294	objects in writing to such modification within 45 days after
2295	notice by mail to such party's last address of record, and if no
2296	other person whose substantial interests will be affected by the
2297	modification objects in writing within 30 days after issuance of
2298	public notice.
2299	3.  If objections are raised or the department denies the
2300	request, the applicant or department may file a request petition
2301	for a hearing on the modification with the department. Such
2302	request shall be handled pursuant to chapter 120 paragraph (c).
2303	(c)  A petition for modification may be filed by the
2304	applicant or the department setting forth:
2305	1.  The proposed modification,
2306	2.  The factual reasons asserted for the modification, and
2307	3.  The anticipated effects of the proposed modification on
2308	the applicant, the public, and the environment.
2309
2310	The petition for modification shall be filed with the department
2311	and the Division of Administrative Hearings.
2312	4.  Requests referred to the Division of Administrative
2313	Hearings shall be disposed of in the same manner as an
2314	application, but with time periods established by the
2315	administrative law judge commensurate with the significance of
2316	the modification requested.
2317	(d)  As required by s. 403.511(5).
2318	(2)  Petitions filed pursuant to paragraph (1)(c) shall be
2319	disposed of in the same manner as an application, but with time
2320	periods established by the administrative law judge commensurate
2321	with the significance of the modification requested.
2322	(2)(3)  Any agreement or modification under this section
2323	must be in accordance with the terms of this act. No
2324	modification to a certification shall be granted that
2325	constitutes a variance from standards or regulations of the
2326	department applicable under any federally delegated or approved
2327	permit program, except as expressly allowed in such program.
2328	Section 39.  Section 403.517, Florida Statutes, is amended
2329	to read:
2330	403.517  Supplemental applications for sites certified for
2331	ultimate site capacity.--
2332	(1)(a)  Supplemental The department shall adopt rules
2333	governing the processing of supplemental applications may be
2334	submitted for certification of the construction and operation of
2335	electrical power plants to be located at sites which have been
2336	previously certified for an ultimate site capacity pursuant to
2337	this act. Supplemental applications shall be limited to
2338	electrical power plants using the fuel type previously certified
2339	for that site. Such applications shall include all new directly
2340	associated facilities that support the construction and
2341	operation of the electrical power plant. The rules adopted
2342	pursuant to this section shall include provisions for:
2343	1.  Prompt appointment of a designated administrative law
2344	judge.
2345	2.  The contents of the supplemental application.
2346	3.  Resolution of disputes as to the completeness and
2347	sufficiency of supplemental applications by the designated
2348	administrative law judge.
2349	4.  Public notice of the filing of the supplemental
2350	applications.
2351	5.  Time limits for prompt processing of supplemental
2352	applications.
2353	6.  Final disposition by the board within 215 days of the
2354	filing of a complete supplemental application.
2355	(b)  The review shall use the same procedural steps and
2356	notices as for an initial application.
2357	(c)  The time limits for the processing of a complete
2358	supplemental application shall be designated by the department
2359	commensurate with the scope of the supplemental application, but
2360	shall not exceed any time limitation governing the review of
2361	initial applications for site certification pursuant to this
2362	act, it being the legislative intent to provide shorter time
2363	limitations for the processing of supplemental applications for
2364	electrical power plants to be constructed and operated at sites
2365	which have been previously certified for an ultimate site
2366	capacity.
2367	(d)(c)  Any time limitation in this section or in rules
2368	adopted pursuant to this section may be altered pursuant to s.
2369	403.5095 by the designated administrative law judge upon
2370	stipulation between the department and the applicant, unless
2371	objected to by any party within 5 days after notice, or for good
2372	cause shown by any party. The parties to the proceeding shall
2373	adhere to the provisions of chapter 120 and this act in
2374	considering and processing such supplemental applications.
2375	(2)  Supplemental applications shall be reviewed as
2376	provided in ss. 403.507-403.511, except that the time limits
2377	provided in this section shall apply to such supplemental
2378	applications.
2379	(3)  The land use and zoning consistency determination of
2380	s. 403.50665 hearing requirements of s. 403.508(1) and (2) shall
2381	not be applicable to the processing of supplemental applications
2382	pursuant to this section so long as:
2383	(a)  The previously certified ultimate site capacity is not
2384	exceeded; and
2385	(b)  The lands required for the construction or operation
2386	of the electrical power plant which is the subject of the
2387	supplemental application are within the boundaries of the
2388	previously certified site.
2389	(4)  For the purposes of this act, the term "ultimate site
2390	capacity" means the maximum generating capacity for a site as
2391	certified by the board.
2392	Section 40.  Section 403.5175, Florida Statutes, is amended
2393	to read:
2394	403.5175  Existing electrical power plant site
2395	certification.--
2396	(1)  An electric utility that owns or operates an existing
2397	electrical power plant as defined in s. 403.503(12) may apply
2398	for certification of an existing power plant and its site in
2399	order to obtain all agency licenses necessary to ensure assure
2400	compliance with federal or state environmental laws and
2401	regulation using the centrally coordinated, one-stop licensing
2402	process established by this part. An application for site
2403	certification under this section must be in the form prescribed
2404	by department rule. Applications must be reviewed and processed
2405	using the same procedural steps and notices as for an
2406	application for a new facility in accordance with ss. 403.5064-
2407	403.5115, except that a determination of need by the Public
2408	Service Commission is not required.
2409	(2)  An application for certification under this section
2410	must include:
2411	(a)  A description of the site and existing power plant
2412	installations;
2413	(b)  A description of all proposed changes or alterations
2414	to the site or electrical power plant, including all new
2415	associated facilities that are the subject of the application;
2416	(c)  A description of the environmental and other impacts
2417	caused by the existing utilization of the site and directly
2418	associated facilities, and the operation of the electrical power
2419	plant that is the subject of the application, and of the
2420	environmental and other benefits, if any, to be realized as a
2421	result of the proposed changes or alterations if certification
2422	is approved and such other information as is necessary for the
2423	reviewing agencies to evaluate the proposed changes and the
2424	expected impacts;
2425	(d)  The justification for the proposed changes or
2426	alterations;
2427	(e)  Copies of all existing permits, licenses, and
2428	compliance plans authorizing utilization of the site and
2429	directly associated facilities or operation of the electrical
2430	power plant that is the subject of the application.
2431	(3)  The land use and zoning determination hearing
2432	requirements of s. 403.50665 s. 403.508(1) and (2) do not apply
2433	to an application under this section if the applicant does not
2434	propose to expand the boundaries of the existing site. If the
2435	applicant proposes to expand the boundaries of the existing site
2436	to accommodate portions of the plant or associated facilities, a
2437	land use and zoning determination shall be made hearing must be
2438	held as specified in s. 403.50665 s. 403.508(1) and (2);
2439	provided, however, that the sole issue for determination through
2440	the land use hearing is whether the proposed site expansion is
2441	consistent and in compliance with the existing land use plans
2442	and zoning ordinances.
2443	(4)  In considering whether an application submitted under
2444	this section should be approved in whole, approved with
2445	appropriate conditions, or denied, the board shall consider
2446	whether, and to the extent to which the proposed changes to the
2447	electrical power plant and its continued operation under
2448	certification will:
2449	(a)  Comply with the provisions of s. 403.509(3).
2450	applicable nonprocedural requirements of agencies;
2451	(b)  Result in environmental or other benefits compared to
2452	current utilization of the site and operations of the electrical
2453	power plant if the proposed changes or alterations are
2454	undertaken.;
2455	(c)  Minimize, through the use of reasonable and available
2456	methods, the adverse effects on human health, the environment,
2457	and the ecology of the land and its wildlife and the ecology of
2458	state waters and their aquatic life; and
2459	(d)  Serve and protect the broad interests of the public.
2460	(5)  An applicant's failure to receive approval for
2461	certification of an existing site or an electrical power plant
2462	under this section is without prejudice to continued operation
2463	of the electrical power plant or site under existing agency
2464	licenses.
2465	Section 41.  Section 403.518, Florida Statutes, is amended
2466	to read:
2467	403.518  Fees; disposition.--
2468	(1)  The department shall charge the applicant the
2469	following fees, as appropriate, which, unless otherwise
2470	specified, shall be paid into the Florida Permit Fee Trust Fund:
2471	(1)(a)  A fee for a notice of intent pursuant to s.
2472	403.5063, in the amount of $2,500, to be submitted to the
2473	department at the time of filing of a notice of intent. The
2474	notice-of-intent fee shall be used and disbursed in the same
2475	manner as the application fee.
2476	(2)(b)  An application fee, which shall not exceed
2477	$200,000. The fee shall be fixed by rule on a sliding scale
2478	related to the size, type, ultimate site capacity, or increase
2479	in electrical generating capacity proposed by the application,
2480	or the number and size of local governments in whose
2481	jurisdiction the electrical power plant is located.
2482	(a)1.  Sixty percent of the fee shall go to the department
2483	to cover any costs associated with coordinating the review
2484	reviewing and acting upon the application, to cover any field
2485	services associated with monitoring construction and operation
2486	of the facility, and to cover the costs of the public notices
2487	published by the department.
2488	(b)2.  The following percentages Twenty percent of the fee
2489	or $25,000, whichever is greater, shall be transferred to the
2490	Administrative Trust Fund of the Division of Administrative
2491	Hearings of the Department of Management Services:.
2492	1.  Five percent to compensate expenses from the initial
2493	exercise of duties associated with the filing of an application.
2494	2.  An additional 5 percent if a land use hearing is held
2495	pursuant to s. 403.508.
2496	3.  An additional 10 percent if a certification hearing is
2497	held pursuant to s. 403.508.
2498	(c)1.3.  Upon written request with proper itemized
2499	accounting within 90 days after final agency action by the board
2500	or withdrawal of the application, the agencies that prepared
2501	reports pursuant to s. 403.507 or participated in a hearing
2502	pursuant to s. 403.508 may submit a written request to the
2503	department for reimbursement of expenses incurred during the
2504	certification proceedings. The request shall contain an
2505	accounting of expenses incurred which may include time spent
2506	reviewing the application, the department shall reimburse the
2507	Department of Community Affairs, the Fish and Wildlife
2508	Conservation Commission, and any water management district
2509	created pursuant to chapter 373, regional planning council, and
2510	local government in the jurisdiction of which the proposed
2511	electrical power plant is to be located, and any other agency
2512	from which the department requests special studies pursuant to
2513	s. 403.507(2)(a)7. Such reimbursement shall be authorized for
2514	the preparation of any studies required of the agencies by this
2515	act, and for agency travel and per diem to attend any hearing
2516	held pursuant to this act, and for any agency or local
2517	government's provision of notice of public meetings or hearings
2518	required as a result of the application for certification
2519	governments to participate in the proceedings. The department
2520	shall review the request and verify that the expenses are valid.
2521	Valid expenses shall be reimbursed; however, in the event the
2522	amount of funds available for reimbursement allocation is
2523	insufficient to provide for full compensation complete
2524	reimbursement to the agencies requesting reimbursement,
2525	reimbursement shall be on a prorated basis.
2526	2.  If the application review is held in abeyance for more
2527	than 1 year, the agencies may submit a request for
2528	reimbursement.
2529	(d)4.  If any sums are remaining, the department shall
2530	retain them for its use in the same manner as is otherwise
2531	authorized by this act; provided, however, that if the
2532	certification application is withdrawn, the remaining sums shall
2533	be refunded to the applicant within 90 days after withdrawal.
2534	(3)(a)(c)  A certification modification fee, which shall
2535	not exceed $30,000. The department shall establish rules for
2536	determining such a fee based on the equipment redesign, change
2537	in site size, type, increase in generating capacity proposed, or
2538	change in an associated linear facility location.
2539	(b)  The fee shall be submitted to the department with a
2540	formal petition for modification to the department pursuant to
2541	s. 403.516. This fee shall be established, disbursed, and
2542	processed in the same manner as the application fee in
2543	subsection (2) paragraph (b), except that the Division of
2544	Administrative Hearings shall not receive a portion of the fee
2545	unless the petition for certification modification is referred
2546	to the Division of Administrative Hearings for hearing. If the
2547	petition is so referred, only $10,000 of the fee shall be
2548	transferred to the Administrative Trust Fund of the Division of
2549	Administrative Hearings of the Department of Management
2550	Services. The fee for a modification by agreement filed pursuant
2551	to s. 403.516(1)(b) shall be $10,000 to be paid upon the filing
2552	of the request for modification. Any sums remaining after
2553	payment of authorized costs shall be refunded to the applicant
2554	within 90 days of issuance or denial of the modification or
2555	withdrawal of the request for modification.
2556	(4)(d)  A supplemental application fee, not to exceed
2557	$75,000, to cover all reasonable expenses and costs of the
2558	review, processing, and proceedings of a supplemental
2559	application. This fee shall be established, disbursed, and
2560	processed in the same manner as the certification application
2561	fee in subsection (2) paragraph (b), except that only $20,000 of
2562	the fee shall be transferred to the Administrative Trust Fund of
2563	the Division of Administrative Hearings of the Department of
2564	Management Services.
2565	(5)(e)  An existing site certification application fee, not
2566	to exceed $200,000, to cover all reasonable costs and expenses
2567	of the review processing and proceedings for certification of an
2568	existing power plant site under s. 403.5175. This fee must be
2569	established, disbursed, and processed in the same manner as the
2570	certification application fee in subsection (2) paragraph (b).
2571	(2)  Effective upon the date commercial operation begins,
2572	the operator of an electrical power plant certified under this
2573	part is required to pay to the department an annual operation
2574	license fee as specified in s. 403.0872(11) to be deposited in
2575	the Air Pollution Control Trust Fund.
2576	Section 42.  Any application for electrical power plant
2577	certification filed pursuant to ss. 403.501-403.518, Florida
2578	Statutes, shall be processed under the provisions of the law
2579	applicable at the time the application was filed, except that
2580	the provisions relating to cancellation of the certification
2581	hearing under s. 403.508(6), Florida Statutes, the provisions
2582	relating to the final disposition of the application and
2583	issuance of the written order by the secretary under s.
2584	403.509(1)(a), Florida Statutes, and notice of the cancellation
2585	of the certification hearing under s. 403.5115, Florida
2586	Statutes, may apply to any application for electrical power
2587	plant certification.
2588	Section 43.  Section 403.519, Florida Statutes, is amended
2589	to read:
2590	403.519  Exclusive forum for determination of need.--
2591	(1)  On request by an applicant or on its own motion, the
2592	commission shall begin a proceeding to determine the need for an
2593	electrical power plant subject to the Florida Electrical Power
2594	Plant Siting Act.
2595	(2)  The applicant commission shall publish a notice of the
2596	proceeding in a newspaper of general circulation in each county
2597	in which the proposed electrical power plant will be located.
2598	The notice shall be at least one-quarter of a page and published
2599	at least 21 45 days prior to the scheduled date for the
2600	proceeding. The commission shall publish notice of the
2601	proceeding in the manner specified by chapter 120 at least 21
2602	days prior to the scheduled date for the proceeding.
2603	(3)  The commission shall be the sole forum for the
2604	determination of this matter, which accordingly shall not be
2605	raised in any other forum or in the review of proceedings in
2606	such other forum. In making its determination, the commission
2607	shall take into account the need for electric system reliability
2608	and integrity, the need for adequate electricity at a reasonable
2609	cost, the need for fuel diversity and supply reliability, and
2610	whether the proposed plant is the most cost-effective
2611	alternative available. The commission shall also expressly
2612	consider the conservation measures taken by or reasonably
2613	available to the applicant or its members which might mitigate
2614	the need for the proposed plant and other matters within its
2615	jurisdiction which it deems relevant. The commission's
2616	determination of need for an electrical power plant shall create
2617	a presumption of public need and necessity and shall serve as
2618	the commission's report required by s. 403.507(4)
2619	403.507(2)(a)2. An order entered pursuant to this section
2620	constitutes final agency action.
2621	(4)  In making its determination on a proposed electrical
2622	power plant using nuclear materials as fuel, the commission
2623	shall hold a hearing within 90 days after the filing of the
2624	petition to determine need and shall issue an order granting or
2625	denying the petition within 135 days after the date of the
2626	filing of the petition. The commission shall be the sole forum
2627	for the determination of this matter and the issues addressed in
2628	the petition, which accordingly shall not be reviewed in any
2629	other forum, or in the review of proceedings in such other
2630	forum. In making its determination to either grant or deny the
2631	petition, the commission shall consider the need for electric
2632	system reliability and integrity, including fuel diversity, the
2633	need for base-load generating capacity, and the need for
2634	adequate electricity at a reasonable cost.
2635	(a)  The applicant's petition shall include:
2636	1.  A description of the need for the generation capacity.
2637	2.  A description of how the proposed nuclear power plant
2638	will enhance the reliability of electric power production within
2639	the state by improving the balance of power plant fuel diversity
2640	and reducing Florida's dependence on fuel oil and natural gas.
2641	3.  A description of and a nonbinding estimate of the cost
2642	of the nuclear power plant.
2643	4.  The annualized base revenue requirement for the first
2644	12 months of operation of the nuclear power plant.
2645	5.  Information on whether there were any discussions with
2646	any electric utilities regarding ownership of a portion of the
2647	plant by such electric utilities.
2648	(b)  In making its determination, the commission shall take
2649	into account matters within its jurisdiction, which it deems
2650	relevant, including whether the nuclear power plant will:
2651	1.  Provide needed base-load capacity.
2652	2.  Enhance the reliability of electric power production
2653	within the state by improving the balance of power plant fuel
2654	diversity and reducing Florida's dependence on fuel oil and
2655	natural gas.
2656	3.  Provide the most cost-effective source of power, taking
2657	into account the need to improve the balance of fuel diversity,
2658	reduce Florida's dependence on fuel oil and natural gas, reduce
2659	air emission compliance costs, and contribute to the long-term
2660	stability and reliability of the electric grid.
2661	(c)  No provision of rule 25-22.082, Florida Administrative
2662	Code, shall be applicable to a nuclear power plant sited under
2663	this act, including provisions for cost recovery, and an
2664	applicant shall not otherwise be required to secure competitive
2665	proposals for power supply prior to making application under
2666	this act or receiving a determination of need from the
2667	commission.
2668	(d)  The commission's determination of need for a nuclear
2669	power plant shall create a presumption of public need and
2670	necessity and shall serve as the commission's report required by
2671	s. 403.507(4)(a). An order entered pursuant to this section
2672	constitutes final agency action. Any petition for
2673	reconsideration of a final order on a petition for need
2674	determination shall be filed within 5 days after the date of
2675	such order. The commission's final order, including any order on
2676	reconsideration, shall be reviewable on appeal in the Florida
2677	Supreme Court. Inasmuch as delay in the determination of need
2678	will delay siting of a nuclear power plant or diminish the
2679	opportunity for savings to customers under the federal Energy
2680	Policy Act of 2005, the Supreme Court shall proceed to hear and
2681	determine the action as expeditiously as practicable and give
2682	the action precedence over matters not accorded similar
2683	precedence by law.
2684	(e)  After a petition for determination of need for a
2685	nuclear power plant has been granted, the right of a utility to
2686	recover any costs incurred prior to commercial operation,
2687	including, but not limited to, costs associated with the siting,
2688	design, licensing, or construction of the plant, shall not be
2689	subject to challenge unless and only to the extent the
2690	commission finds, based on a preponderance of the evidence
2691	adduced at a hearing before the commission under s. 120.57, that
2692	certain costs were imprudently incurred. Proceeding with the
2693	construction of the nuclear power plant following an order by
2694	the commission approving the need for the nuclear power plant
2695	under this act shall not constitute or be evidence of
2696	imprudence. Imprudence shall not include any cost increases due
2697	to events beyond the utility's control. Further, a utility's
2698	right to recover costs associated with a nuclear power plant may
2699	not be raised in any other forum or in the review of proceedings
2700	in such other forum. Costs incurred prior to commercial
2701	operation shall be recovered pursuant to chapter 366.
2702	Section 44.  Section 366.93, Florida Statutes, is created
2703	to read:
2704	366.93  Cost recovery for the siting, design, licensing,
2705	and construction of nuclear power plants.--
2706	(1)  As used in this section, the term:
2707	(a)  "Cost" includes, but is not limited to, all capital
2708	investments, including rate of return, any applicable taxes, and
2709	all expenses, including operation and maintenance expenses,
2710	related to or resulting from the siting, licensing, design,
2711	construction, or operation of the nuclear power plant.
2712	(b)  "Electric utility" or "utility" has the same meaning
2713	as that provided in s. 366.8255(1)(a).
2714	(c)  "Nuclear power plant" or "plant" is an electrical
2715	power plant as defined in s. 403.503(12) that uses nuclear
2716	materials for fuel.
2717	(d)  "Preconstruction" is that period of time after a site
2718	has been selected through and including the date the utility
2719	completes site clearing work. Preconstruction costs shall be
2720	afforded deferred accounting treatment and shall accrue a
2721	carrying charge equal to the utility's allowance for funds
2722	during construction (AFUDC) rate until recovered in rates.
2723	(2)  Within 6 months after the enactment of this act, the
2724	commission shall establish, by rule, alternative cost recovery
2725	mechanisms for the recovery of costs incurred in the siting,
2726	design, licensing, and construction of a nuclear power plant.
2727	Such mechanisms shall be designed to promote utility investment
2728	in nuclear power plants and allow for the recovery in rates all
2729	prudently incurred costs, and shall include, but are not limited
2730	to:
2731	(a)  Recovery through the capacity cost recovery clause of
2732	any preconstruction costs.
2733	(b)  Recovery through an incremental increase in the
2734	utility's capacity cost recovery clause rates of the carrying
2735	costs on the utility's projected construction cost balance
2736	associated with the nuclear power plant. To encourage investment
2737	and provide certainty, for nuclear power plant need petitions
2738	submitted on or before December 31, 2010, associated carrying
2739	costs shall be equal to the pretax AFUDC in effect upon this act
2740	becoming law. For nuclear power plants for which need petitions
2741	are submitted after December 31, 2010, the utility's existing
2742	pretax AFUDC rate is presumed to be appropriate unless
2743	determined otherwise by the commission in the determination of
2744	need for the nuclear power plant.
2745	(3)  After a petition for determination of need is granted,
2746	a utility may petition the commission for cost recovery as
2747	permitted by this section and commission rules.
2748	(4)  When the nuclear power plant is placed in commercial
2749	service, the utility shall be allowed to increase its base rate
2750	charges by the projected annual revenue requirements of the
2751	nuclear power plant based on the jurisdictional annual revenue
2752	requirements of the plant for the first 12 months of operation.
2753	The rate of return on capital investments shall be calculated
2754	using the utility's rate of return last approved by the
2755	commission prior to the commercial inservice date of the nuclear
2756	power plant. If any existing generating plant is retired as a
2757	result of operation of the nuclear power plant, the commission
2758	shall allow for the recovery, through an increase in base rate
2759	charges, of the net book value of the retired plant over a
2760	period not to exceed 5 years.
2761	(5)  The utility shall report to the commission annually
2762	the budgeted and actual costs as compared to the estimated
2763	inservice cost of the nuclear power plant provided by the
2764	utility pursuant to s. 403.519(4), until the commercial
2765	operation of the nuclear power plant. The utility shall provide
2766	such information on an annual basis following the final order by
2767	the commission approving the determination of need for the
2768	nuclear power plant, with the understanding that some costs may
2769	be higher than estimated and other costs may be lower.
2770	(6)  In the event the utility elects not to complete or is
2771	precluded from completing construction of the nuclear power
2772	plant, the utility shall be allowed to recover all prudent
2773	preconstruction and construction costs incurred following the
2774	commission's issuance of a final order granting a determination
2775	of need for the nuclear power plant. The utility shall recover
2776	such costs through the capacity cost recovery clause over a
2777	period equal to the period during which the costs were incurred
2778	or 5 years, whichever is greater. The unrecovered balance during
2779	the recovery period will accrue interest at the utility's
2780	weighted average cost of capital as reported in the commission's
2781	earnings surveillance reporting requirement for the prior year.
2782	Section 45.  Section 403.52, Florida Statutes, is amended
2783	to read:
2784	403.52  Short title.--Sections 403.52-403.5365 may be cited
2785	as the "Florida Electric Transmission Line Siting Act."
2786	Section 46.  Section 403.521, Florida Statutes, is amended
2787	to read:
2788	403.521  Legislative intent.--The legislative intent of
2789	this act is to establish a centralized and coordinated licensing
2790	permitting process for the location of electric transmission
2791	line corridors and the construction, operation, and maintenance
2792	of electric transmission lines, which are critical
2793	infrastructure facilities. This necessarily involves several
2794	broad interests of the public addressed through the subject
2795	matter jurisdiction of several agencies. The Legislature
2796	recognizes that electric transmission lines will have an effect
2797	upon the reliability of the electric power system, the
2798	environment, land use, and the welfare of the population.
2799	Recognizing the need to ensure electric power system reliability
2800	and integrity, and in order to meet electric electrical energy
2801	needs in an orderly and timely fashion, the centralized and
2802	coordinated licensing permitting process established by this act
2803	is intended to further the legislative goal of ensuring through
2804	available and reasonable methods that the location of
2805	transmission line corridors and the construction, operation, and
2806	maintenance of electric transmission lines produce minimal
2807	adverse effects on the environment and public health, safety,
2808	and welfare while not unduly conflicting with the goals
2809	established by the applicable local comprehensive plan. It is
2810	the intent of this act to fully balance the need for
2811	transmission lines with the broad interests of the public in
2812	order to effect a reasonable balance between the need for the
2813	facility as a means of providing reliable, economical, and
2814	efficient electric abundant low-cost electrical energy and the
2815	impact on the public and the environment resulting from the
2816	location of the transmission line corridor and the construction,
2817	operation, and maintenance of the transmission lines. The
2818	Legislature intends that the provisions of chapter 120 apply to
2819	this act and to proceedings under pursuant to it except as
2820	otherwise expressly exempted by other provisions of this act.
2821	Section 47.  Section 403.522, Florida Statutes, is amended
2822	to read:
2823	403.522  Definitions relating to the Florida Electric
2824	Transmission Line Siting Act.--As used in this act:
2825	(1)  "Act" means the Florida Electric Transmission Line
2826	Siting Act.
2827	(2)  "Agency," as the context requires, means an official,
2828	officer, commission, authority, council, committee, department,
2829	division, bureau, board, section, or other unit or entity of
2830	government, including a county, municipality, or other regional
2831	or local governmental entity.
2832	(3)  "Amendment" means a material change in information
2833	provided by the applicant to the application for certification
2834	made after the initial application filing.
2835	(4)  "Applicant" means any electric utility that which
2836	applies for certification under pursuant to the provisions of
2837	this act.
2838	(5)  "Application" means the documents required by the
2839	department to be filed to initiate and support a certification
2840	review and evaluation, including the initial document filing,
2841	amendments, and responses to requests from the department for
2842	additional data and information proceeding. An electric utility
2843	may file a comprehensive application encompassing all or a part
2844	of one or more proposed transmission lines.
2845	(6)  "Board" means the Governor and Cabinet sitting as the
2846	siting board.
2847	(7)  "Certification" means the approval by the board of the
2848	license for a corridor proper for certification pursuant to
2849	subsection (10) and the construction, operation, and maintenance
2850	of transmission lines within the such corridor with the such
2851	changes or conditions as the siting board deems appropriate.
2852	Certification shall be evidenced by a written order of the
2853	board.
2854	(8)  "Commission" means the Florida Public Service
2855	Commission.
2856	(9)  "Completeness" means that the application has
2857	addressed all applicable sections of the prescribed application
2858	format and, but does not mean that those sections are sufficient
2859	in comprehensiveness of data or in quality of information
2860	provided to allow the department to determine whether the
2861	application provides the reviewing agencies adequate information
2862	to prepare the reports required by s. 403.526.
2863	(10)  "Corridor" means the proposed area within which a
2864	transmission line right-of-way, including maintenance and access
2865	roads, is to be located. The width of the corridor proposed for
2866	certification by an applicant or other party, at the option of
2867	the applicant, may be the width of the transmission line right-
2868	of-way, or a wider boundary, not to exceed a width of 1 mile.
2869	The area within the corridor in which a right-of-way may be
2870	located may be further restricted by a condition of
2871	certification. After all property interests required for the
2872	transmission line right-of-way and maintenance and access roads
2873	have been acquired by the applicant, the boundaries of the area
2874	certified shall narrow to only that land within the boundaries
2875	of the transmission line right-of-way. The corridors proper for
2876	certification shall be those addressed in the application, in
2877	amendments to the application filed under pursuant to s.
2878	403.5275, and in notices of acceptance of proposed alternate
2879	corridors filed by an applicant and the department pursuant to
2880	s. 403.5271 for which the required sufficient information for
2881	the preparation of agency supplemental reports was filed.
2882	(11)  "Department" means the Department of Environmental
2883	Protection.
2884	(12)  "Electric utility" means cities and towns, counties,
2885	public utility districts, regulated electric companies, electric
2886	cooperatives, regional transmission organizations, operators of
2887	independent transmission systems, or other transmission
2888	organizations approved by the Federal Energy Regulatory
2889	Commission or the commission for the operation of transmission
2890	facilities, and joint operating agencies, or combinations
2891	thereof, engaged in, or authorized to engage in, the business of
2892	generating, transmitting, or distributing electric energy.
2893	(13)  "License" means a franchise, permit, certification,
2894	registration, charter, comprehensive plan amendment, development
2895	order, or permit as defined in chapters 163 and 380, or similar
2896	form of authorization required by law, but it does not include a
2897	license required primarily for revenue purposes when issuance of
2898	the license is merely a ministerial act.
2899	(14)  "Licensee" means an applicant that has obtained a
2900	certification order for the subject project.
2901	(15)(14)  "Local government" means a municipality or county
2902	in the jurisdiction of which the project is proposed to be
2903	located.
2904	(16)  "Maintenance and access roads" mean roads constructed
2905	within the transmission line right-of-way. Nothing in this act
2906	prohibits an applicant from constructing a road to support
2907	construction, operation, or maintenance of the transmission line
2908	that lies outside the transmission line right-of-way.
2909	(17)(15)  "Modification" means any change in the
2910	certification order after issuance, including a change in the
2911	conditions of certification.
2912	(18)(16)  "Nonprocedural requirements of agencies" means
2913	any agency's regulatory requirements established by statute,
2914	rule, ordinance, or comprehensive plan, excluding any provisions
2915	prescribing forms, fees, procedures, or time limits for the
2916	review or processing of information submitted to demonstrate
2917	compliance with such regulatory requirements.
2918	(19)(17)  "Person" means an individual, partnership, joint
2919	venture, private or public corporation, association, firm,
2920	public service company, political subdivision, municipal
2921	corporation, government agency, public utility district, or any
2922	other entity, public or private, however organized.
2923	(20)(18)  "Preliminary statement of issues" means a listing
2924	and explanation of those issues within the agency's jurisdiction
2925	which are of major concern to the agency in relation to the
2926	proposed electric electrical transmission line corridor.
2927	(21)(19)  "Regional planning council" means a regional
2928	planning council as defined in s. 186.503(4) in the jurisdiction
2929	of which the project is proposed to be located.
2930	(20)  "Sufficiency" means that the application is not only
2931	complete but that all sections are adequate in the
2932	comprehensiveness of data and in the quality of information
2933	provided to allow the department to determine whether the
2934	application provides the reviewing agencies adequate information
2935	to prepare the reports authorized by s. 403.526.
2936	(22)(21)  "Transmission line" or "electric transmission
2937	line" means structures, maintenance and access roads, and all
2938	other facilities that need to be constructed, operated, or
2939	maintained for the purpose of conveying electric power any
2940	electrical transmission line extending from, but not including,
2941	an existing or proposed substation or power plant to, but not
2942	including, an existing or proposed transmission network or
2943	rights-of-way or substation to which the applicant intends to
2944	connect which defines the end of the proposed project and which
2945	is designed to operate at 230 kilovolts or more. The starting
2946	point and ending point of a transmission line must be
2947	specifically defined by the applicant and must be verified by
2948	the commission in its determination of need. A transmission line
2949	includes structures and maintenance and access roads that need
2950	to be constructed for the project to become operational. The
2951	transmission line may include, at the applicant's option, any
2952	proposed terminal or intermediate substations or substation
2953	expansions necessary to serve the transmission line.
2954	(23)(22)  "Transmission line right-of-way" means land
2955	necessary for the construction, operation, and maintenance of a
2956	transmission line. The typical width of the right-of-way shall
2957	be identified in the application. The right-of-way shall be
2958	located within the certified corridor and shall be identified by
2959	the applicant subsequent to certification in documents filed
2960	with the department before prior to construction.
2961	(24)(23)  "Water management district" means a water
2962	management district created pursuant to chapter 373 in the
2963	jurisdiction of which the project is proposed to be located.
2964	Section 48.  Section 403.523, Florida Statutes, is amended
2965	to read:
2966	403.523  Department of Environmental Protection; powers and
2967	duties.--The department has shall have the following powers and
2968	duties:
2969	(1)  To adopt procedural rules pursuant to ss. 120.536(1)
2970	and 120.54 to administer implement the provisions of this act
2971	and to adopt or amend rules to implement the provisions of
2972	subsection (10).
2973	(2)  To prescribe the form and content of the public
2974	notices and the form, content, and necessary supporting
2975	documentation, and any required studies, for certification
2976	applications. All such data and studies shall be related to the
2977	jurisdiction of the agencies relevant to the application.
2978	(3)  To receive applications for transmission line and
2979	corridor certifications and initially determine the completeness
2980	and sufficiency thereof.
2981	(4)  To make or contract for studies of certification
2982	applications. All such studies shall be related to the
2983	jurisdiction of the agencies relevant to the application. For
2984	studies in areas outside the jurisdiction of the department and
2985	in the jurisdiction of another agency, the department may
2986	initiate such studies, but only with the consent of the such
2987	agency.
2988	(5)  To administer the processing of applications for
2989	certification and ensure that the applications, including
2990	postcertification reviews, are processed on an expeditious and
2991	priority basis as expeditiously as possible.
2992	(6)  To collect and process require such fees as allowed by
2993	this act.
2994	(7)  To prepare a report and project written analysis as
2995	required by s. 403.526.
2996	(8)  To prescribe the means for monitoring the effects
2997	arising from the location of the transmission line corridor and
2998	the construction, operation, and maintenance of the transmission
2999	lines to assure continued compliance with the terms of the
3000	certification.
3001	(9)  To make a determination of acceptability of any
3002	alternate corridor proposed for consideration under pursuant to
3003	s. 403.5271.
3004	(10)  To set requirements that reasonably protect the
3005	public health and welfare from the electric and magnetic fields
3006	of transmission lines for which an application is filed under
3007	after the effective date of this act.
3008	(11)  To present rebuttal evidence on any issue properly
3009	raised at the certification hearing.
3010	(12)  To issue final orders after receipt of the
3011	administrative law judge's order relinquishing jurisdiction
3012	pursuant to s. 403.527(6).
3013	(13)  To act as clerk for the siting board.
3014	(14)  To administer and manage the terms and conditions of
3015	the certification order and supporting documents and records for
3016	the life of the facility.
3017	(15)  To issue emergency orders on behalf of the board for
3018	facilities licensed under this act.
3019	Section 49.  Section 403.524, Florida Statutes, is amended
3020	to read:
3021	403.524  Applicability; and certification; exemptions.--
3022	(1)  The provisions of This act applies apply to each
3023	transmission line, except a transmission line certified under
3024	pursuant to the Florida Electrical Power Plant Siting Act.
3025	(2)  Except as provided in subsection (1), no construction
3026	of a any transmission line may not be undertaken without first
3027	obtaining certification under this act, but the provisions of
3028	this act does do not apply to:
3029	(a)  Transmission lines for which development approval has
3030	been obtained under pursuant to chapter 380.
3031	(b)  Transmission lines that which have been exempted by a
3032	binding letter of interpretation issued under s. 380.06(4), or
3033	in which the Department of Community Affairs or its predecessor
3034	agency has determined the utility to have vested development
3035	rights within the meaning of s. 380.05(18) or s. 380.06(20).
3036	(c)  Transmission line development in which all
3037	construction is limited to established rights-of-way.
3038	Established rights-of-way include such rights-of-way established
3039	at any time for roads, highways, railroads, gas, water, oil,
3040	electricity, or sewage and any other public purpose rights-of-
3041	way. If an established transmission line right-of-way is used to
3042	qualify for this exemption, the transmission line right-of-way
3043	must have been established at least 5 years before notice of the
3044	start of construction under subsection (4) of the proposed
3045	transmission line. If an established transmission line right-of-
3046	way is relocated to accommodate a public project, the date the
3047	original transmission line right-of-way was established applies
3048	to the relocated transmission line right-of-way for purposes of
3049	this exemption. Except for transmission line rights-of-way,
3050	established rights-of-way include rights-of-way created before
3051	or after October 1, 1983. For transmission line rights-of-way,
3052	established rights-of-way include rights-of-way created before
3053	October 1, 1983.
3054	(d)  Unless the applicant has applied for certification
3055	under this act, transmission lines that which are less than 15
3056	miles in length or are located in a single which do not cross a
3057	county within the state line, unless the applicant has elected
3058	to apply for certification under the act.
3059	(3)  The exemption of a transmission line under this act
3060	does not constitute an exemption for the transmission line from
3061	other applicable permitting processes under other provisions of
3062	law or local government ordinances.
3063	(4)  An electric A utility shall notify the department in
3064	writing, before prior to the start of construction, of its
3065	intent to construct a transmission line exempted under pursuant
3066	to this section. The Such notice is shall be only for
3067	information purposes, and no action by the department is not
3068	shall be required pursuant to the such notice. This notice may
3069	be included in any submittal filed with the department before
3070	the start of construction demonstrating that a new transmission
3071	line complies with the applicable electric and magnetic field
3072	standards.
3073	Section 50.  Section 403.525, Florida Statutes, is amended
3074	to read:
3075	403.525  Appointment of Administrative law judge;
3076	appointment; powers and duties.--
3077	(1)(a)  Within 7 days after receipt of an application,
3078	whether complete or not, the department shall request the
3079	Division of Administrative Hearings to designate an
3080	administrative law judge to conduct the hearings required by
3081	this act.
3082	(b)  The division director shall designate an
3083	administrative law judge to conduct the hearings required by
3084	this act within 7 days after receipt of the request from the
3085	department. Whenever practicable, the division director shall
3086	assign an administrative law judge who has had prior experience
3087	or training in this type of certification proceeding.
3088	(c)  Upon being advised that an administrative law judge
3089	has been designated, the department shall immediately file a
3090	copy of the application and all supporting documents with the
3091	administrative law judge, who shall docket the application.
3092	(2)  The administrative law judge has all powers and duties
3093	granted to administrative law judges under chapter 120 and by
3094	the laws and rules of the department.
3095	Section 51.  Section 403.5251, Florida Statutes, is amended
3096	to read:
3097	403.5251  Distribution of Application; schedules.--
3098	(1)(a)  The formal date of the filing of the application
3099	for certification and commencement of the review process for
3100	certification is the date on which the applicant submits:
3101	1.  Copies of the application for certification in a
3102	quantity and format, electronic or otherwise as prescribed by
3103	rule, to the department and other agencies identified in s.
3104	403.526(2).
3105	2.  The application fee as specified under s. 403.5365 to
3106	the department.
3107
3108	The department shall provide to the applicant and the Division
3109	of Administrative Hearings the names and addresses of any
3110	additional agencies or persons entitled to notice and copies of
3111	the application and amendments, if any, within 7 days after
3112	receiving the application for certification and the application
3113	fees.
3114	(b)  In the application, the starting point and ending
3115	point of a transmission line must be specifically defined by the
3116	applicant. Within 7 days after the filing of an application, the
3117	department shall provide the applicant and the Division of
3118	Administrative Hearings the names and addresses of those
3119	affected or other agencies entitled to notice and copies of the
3120	application and any amendments.
3121	(2)  Within 15 7 days after the formal date of the
3122	application filing completeness has been determined, the
3123	department shall prepare a proposed schedule of dates for
3124	determination of completeness, submission of statements of
3125	issues, determination of sufficiency, and submittal of final
3126	reports, from affected and other agencies and other significant
3127	dates to be followed during the certification process, including
3128	dates for filing notices of appearances to be a party under s.
3129	403.527(2) pursuant to s. 403.527(4). This schedule shall be
3130	provided by the department to the applicant, the administrative
3131	law judge, and the agencies identified under pursuant to
3132	subsection (1). Within 7 days after the filing of this proposed
3133	schedule, the administrative law judge shall issue an order
3134	establishing a schedule for the matters addressed in the
3135	department's proposed schedule and other appropriate matters, if
3136	any.
3137	(3)  Within 7 days after completeness has been determined,
3138	the applicant shall distribute copies of the application to all
3139	agencies identified by the department pursuant to subsection
3140	(1). Copies of changes and amendments to the application shall
3141	be timely distributed by the applicant to all agencies and
3142	parties who have received a copy of the application.
3143	(4)  Notice of the filing of the application shall be made
3144	in accordance with the requirements of s. 403.5363.
3145	Section 52.  Section 403.5252, Florida Statutes, is amended
3146	to read:
3147	403.5252  Determination of completeness.--
3148	(1)(a)  Within 30 days after distribution of an
3149	application, the affected agencies shall file a statement with
3150	the department containing the recommendations of each agency
3151	concerning the completeness of the application for
3152	certification.
3153	(b)  Within 7 15 days after receipt of the completeness
3154	statements of each agency an application, the department shall
3155	file a statement with the Division of Administrative Hearings,
3156	and with the applicant, and with all parties declaring its
3157	position with regard to the completeness, not the sufficiency,
3158	of the application. The statement of the department shall be
3159	based upon its consultation with the affected agencies.
3160	(2)(1)  If the department declares the application to be
3161	incomplete, the applicant, within 14 15 days after the filing of
3162	the statement by the department, shall file with the Division of
3163	Administrative Hearings, with all parties, and with the
3164	department a statement:
3165	(a)  A withdrawal of Agreeing with the statement of the
3166	department and withdrawing the application;
3167	(b)  Additional information necessary to make the
3168	application complete. After the department first determines the
3169	application to be incomplete, the time schedules under this act
3170	are not tolled if the applicant makes the application complete
3171	within the 14-day period. A subsequent finding by the department
3172	that the application remains incomplete tolls the time schedules
3173	under this act until the application is determined complete;
3174	Agreeing with the statement of the department and agreeing to
3175	amend the application without withdrawing it. The time schedules
3176	referencing a complete application under this act shall not
3177	commence until the application is determined complete; or
3178	(c)  A statement contesting the department's determination
3179	of incompleteness; or statement of the department.
3180	(d)  A statement agreeing with the department and
3181	requesting additional time to provide the information necessary
3182	to make the application complete. If the applicant exercises
3183	this option, the time schedules under this act are tolled until
3184	the application is determined complete.
3185	(3)(a)(2)  If the applicant contests the determination by
3186	the department that an application is incomplete, the
3187	administrative law judge shall schedule a hearing on the
3188	statement of completeness. The hearing shall be held as
3189	expeditiously as possible, but not later than 21 30 days after
3190	the filing of the statement by the department. The
3191	administrative law judge shall render a decision within 7 10
3192	days after the hearing.
3193	(b)  Parties to a hearing on the issue of completeness
3194	shall include the applicant, the department, and any agency that
3195	has jurisdiction over the matter in dispute. Any substantially
3196	affected person who wishes to become a party to the hearing on
3197	the issue of completeness must file a motion no later than 10
3198	days before the date of the hearing.
3199	(c)(a)  If the administrative law judge determines that the
3200	application was not complete as filed, the applicant shall
3201	withdraw the application or make such additional submittals as
3202	necessary to complete it. The time schedules referencing a
3203	complete application under this act do shall not commence until
3204	the application is determined complete.
3205	(d)(b)  If the administrative law judge determines that the
3206	application was complete at the time it was declared incomplete
3207	filed, the time schedules referencing a complete application
3208	under this act shall commence upon such determination.
3209	(4)  If the applicant provides additional information to
3210	address the issues identified in the determination of
3211	incompleteness, each affected agency may submit to the
3212	department, no later than 14 days after the applicant files the
3213	additional information, a recommendation on whether the agency
3214	believes the application is complete. Within 21 days after
3215	receipt of the additional information from the applicant
3216	submitted under paragraphs (2)(b), (2)(d), or (3)(c) and
3217	considering the recommendations of the affected agencies, the
3218	department shall determine whether the additional information
3219	supplied by an applicant makes the application complete. If the
3220	department finds that the application is still incomplete, the
3221	applicant may exercise any of the options specified in
3222	subsection (2) as often as is necessary to resolve the dispute.
3223	Section 53.  Section 403.526, Florida Statutes, is amended
3224	to read:
3225	403.526  Preliminary statements of issues, reports, and
3226	project analyses; and studies.--
3227	(1)  Each affected agency that is required to file a report
3228	which received an application in accordance with this section s.
3229	403.5251(3) shall submit a preliminary statement of issues to
3230	the department and all parties the applicant no later than 50 60
3231	days after the filing distribution of the complete application.
3232	Such statements of issues shall be made available to each local
3233	government for use as information for public meetings held under
3234	pursuant to s. 403.5272. The failure to raise an issue in this
3235	preliminary statement of issues does shall not preclude the
3236	issue from being raised in the agency's report.
3237	(2)(a)  The following affected agencies shall prepare
3238	reports as provided below and shall submit them to the
3239	department and the applicant no later than within 90 days after
3240	the filing distribution of the complete application:
3241	1.  The department shall prepare a report as to the impact
3242	of each proposed transmission line or corridor as it relates to
3243	matters within its jurisdiction.
3244	2.  Each water management district in the jurisdiction of
3245	which a proposed transmission line or corridor is to be located
3246	shall prepare a report as to the impact on water resources and
3247	other matters within its jurisdiction.
3248	3.  The Department of Community Affairs shall prepare a
3249	report containing recommendations which address the impact upon
3250	the public of the proposed transmission line or corridor, based
3251	on the degree to which the proposed transmission line or
3252	corridor is consistent with the applicable portions of the state
3253	comprehensive plan, emergency management, and other matters
3254	within its jurisdiction. The Department of Community Affairs may
3255	also comment on the consistency of the proposed transmission
3256	line or corridor with applicable strategic regional policy plans
3257	or local comprehensive plans and land development regulations.
3258	4.  The Fish and Wildlife Conservation Commission shall
3259	prepare a report as to the impact of each proposed transmission
3260	line or corridor on fish and wildlife resources and other
3261	matters within its jurisdiction.
3262	5.  Each local government shall prepare a report as to the
3263	impact of each proposed transmission line or corridor on matters
3264	within its jurisdiction, including the consistency of the
3265	proposed transmission line or corridor with all applicable local
3266	ordinances, regulations, standards, or criteria that apply to
3267	the proposed transmission line or corridor, including local
3268	comprehensive plans, zoning regulations, land development
3269	regulations, and any applicable local environmental regulations
3270	adopted pursuant to s. 403.182 or by other means. A No change by
3271	the responsible local government or local agency in local
3272	comprehensive plans, zoning ordinances, or other regulations
3273	made after the date required for the filing of the local
3274	government's report required by this section is not shall be
3275	applicable to the certification of the proposed transmission
3276	line or corridor unless the certification is denied or the
3277	application is withdrawn.
3278	6.  Each regional planning council shall present a report
3279	containing recommendations that address the impact upon the
3280	public of the proposed transmission line or corridor based on
3281	the degree to which the transmission line or corridor is
3282	consistent with the applicable provisions of the strategic
3283	regional policy plan adopted under pursuant to chapter 186 and
3284	other impacts of each proposed transmission line or corridor on
3285	matters within its jurisdiction.
3286	7.  The Department of Transportation shall prepare a report
3287	as to the impact of the proposed transmission line or corridor
3288	on state roads, railroads, airports, aeronautics, seaports, and
3289	other matters within its jurisdiction.
3290	8.  The commission shall prepare a report containing its
3291	determination under s. 403.537 and the report may include the
3292	comments from the commission with respect to any other subject
3293	within its jurisdiction.
3294	9.  Any other agency, if requested by the department, shall
3295	also perform studies or prepare reports as to subjects within
3296	the jurisdiction of the agency which may potentially be affected
3297	by the proposed transmission line.
3298	(b)  Each report must shall contain:
3299	1.  A notice of any nonprocedural requirements not
3300	specifically listed in the application from which a variance,
3301	exemption, exception, or other relief is necessary in order for
3302	the proposed corridor to be certified. Failure to include the
3303	notice shall be treated as a waiver from the nonprocedural
3304	requirements of that agency.
3305	2.  A recommendation for approval or denial of the
3306	application.
3307	3.  The information on variances required by s. 403.531(2)
3308	and proposed conditions of certification on matters within the
3309	jurisdiction of each agency. For each condition proposed by an
3310	agency, the agency shall list the specific statute, rule, or
3311	ordinance, as applicable, which authorizes the proposed
3312	condition.
3313	(c)  Each reviewing agency shall initiate the activities
3314	required by this section no later than 15 days after the
3315	complete application is filed distributed. Each agency shall
3316	keep the applicant and the department informed as to the
3317	progress of its studies and any issues raised thereby.
3318	(d)  When an agency whose agency head is a collegial body,
3319	such as a commission, board, or council, is required to submit a
3320	report pursuant to this section and is required by its own
3321	internal procedures to have the report reviewed by its agency
3322	head prior to finalization, the agency may submit to the
3323	Department a draft version of the report by the deadline
3324	indicated in subsection (a), and shall submit a final version of
3325	the report after review by the agency head, and no later than 15
3326	days after the deadline indicated in subsection (a).
3327	(e)  Receipt of an affirmative determination of need from
3328	the commission by the submittal deadline for agency reports
3329	under paragraph (a) is a condition precedent to further
3330	processing of the application.
3331	(3)  The department shall prepare a project written
3332	analysis containing which contains a compilation of agency
3333	reports and summaries of the material contained therein which
3334	shall be filed with the administrative law judge and served on
3335	all parties no later than 115 135 days after the application is
3336	filed complete application has been distributed to the affected
3337	agencies, and which shall include:
3338	(a)  A statement indicating whether the proposed electric
3339	transmission line will be in compliance with the rules of the
3340	department and affected agencies.
3341	(b)(a)  The studies and reports required by this section
3342	and s. 403.537.
3343	(c)(b)  Comments received from any other agency or person.
3344	(d)(c)  The recommendation of the department as to the
3345	disposition of the application, of variances, exemptions,
3346	exceptions, or other relief identified by any party, and of any
3347	proposed conditions of certification which the department
3348	believes should be imposed.
3349	(4)  The failure of any agency to submit a preliminary
3350	statement of issues or a report, or to submit its preliminary
3351	statement of issues or report within the allowed time, is shall
3352	not be grounds for the alteration of any time limitation in this
3353	act under pursuant to s. 403.528. Neither The failure to submit
3354	a preliminary statement of issues or a report, or nor the
3355	inadequacy of the preliminary statement of issues or report, are
3356	not shall be grounds to deny or condition certification.
3357	Section 54.  Section 403.527, Florida Statutes, is amended
3358	to read:
3359	(Substantial rewording of section. See
3360	s. 403.527, F.S., for present text.)
3361	403.527  Certification hearing, parties, participants.--
3362	(1)(a)  No later than 145 days after the application is
3363	filed, the administrative law judge shall conduct a
3364	certification hearing pursuant to ss. 120.569 and 120.57 at a
3365	central location in proximity to the proposed transmission line
3366	or corridor.
3367	(b)  Notice of the certification hearing and other public
3368	hearings provided for in this section and notice of the deadline
3369	for filing of notice of intent to be a party shall be made in
3370	accordance with the requirements of s. 403.5363.
3371	(2)(a)  Parties to the proceeding shall be:
3372	1.  The applicant.
3373	2.  The department.
3374	3.  The commission.
3375	4.  The Department of Community Affairs.
3376	5.  The Fish and Wildlife Conservation Commission.
3377	6.  The Department of Transportation.
3378	7.  Each water management district in the jurisdiction of
3379	which the proposed transmission line or corridor is to be
3380	located.
3381	8.  The local government.
3382	9.  The regional planning council.
3383	(b)  Any party listed in paragraph (a), other than the
3384	department or the applicant, may waive its right to participate
3385	in these proceedings. If any listed party fails to file a notice
3386	of its intent to be a party on or before the 30th day before the
3387	certification hearing, the party is deemed to have waived its
3388	right to be a party unless its participation would not prejudice
3389	the rights of any party to the proceeding.
3390	(c)  Notwithstanding the provisions of chapter 120 to the
3391	contrary, upon the filing with the administrative law judge of a
3392	notice of intent to be a party by an agency, corporation, or
3393	association described in subparagraphs 1. and 2. or a petition
3394	for intervention by a person described in subparagraph 3. no
3395	later than 30 days before the date set for the certification
3396	hearing, the following shall also be parties to the proceeding:
3397	1.  Any agency not listed in paragraph (a) as to matters
3398	within its jurisdiction.
3399	2.  Any domestic nonprofit corporation or association
3400	formed, in whole or in part, to promote conservation of natural
3401	beauty; to protect the environment, personal health, or other
3402	biological values; to preserve historical sites; to promote
3403	consumer interests; to represent labor, commercial, or
3404	industrial groups; or to promote comprehensive planning or
3405	orderly development of the area in which the proposed
3406	transmission line or corridor is to be located.
3407	3.  Any person whose substantial interests are affected and
3408	being determined by the proceeding.
3409	(d)  Any agency whose properties or works may be affected
3410	shall be made a party upon the request of the agency or any
3411	party to this proceeding.
3412	(3)(a)  The order of presentation at the certification
3413	hearing, unless otherwise changed by the administrative law
3414	judge to ensure the orderly presentation of witnesses and
3415	evidence, shall be:
3416	1.  The applicant.
3417	2.  The department.
3418	3.  State agencies.
3419	4.  Regional agencies, including regional planning councils
3420	and water management districts.
3421	5.  Local governments.
3422	6.  Other parties.
3423	(b)  When appropriate, any person may be given an
3424	opportunity to present oral or written communications to the
3425	administrative law judge. If the administrative law judge
3426	proposes to consider such communications, all parties shall be
3427	given an opportunity to cross-examine, challenge, or rebut the
3428	communications.
3429	(4)  One public hearing where members of the public who are
3430	not parties to the certification hearing may testify shall be
3431	held within the boundaries of each county, at the option of any
3432	local government.
3433	(a)  A local government shall notify the administrative law
3434	judge and all parties not later than 21 days after the
3435	application has been determined complete as to whether the local
3436	government wishes to have a public hearing. If a filing for an
3437	alternate corridor is accepted for consideration under s.
3438	403.5271(1) by the department and the applicant, any newly
3439	affected local government must notify the administrative law
3440	judge and all parties not later than 10 days after the data
3441	concerning the alternate corridor has been determined complete
3442	as to whether the local government wishes to have such a public
3443	hearing. The local government is responsible for providing the
3444	location of the public hearing if held separately from the
3445	certification hearing.
3446	(b)  Within 5 days after notification, the administrative
3447	law judge shall determine the date of the public hearing, which
3448	shall be held before or during the certification hearing. If two
3449	or more local governments within one county request a public
3450	hearing, the hearing shall be consolidated so that only one
3451	public hearing is held in any county. The location of a
3452	consolidated hearing shall be determined by the administrative
3453	law judge.
3454	(c)  If a local government does not request a public
3455	hearing within 21 days after the application has been determined
3456	complete, persons residing within the jurisdiction of the local
3457	government may testify during that portion of the certification
3458	hearing at which public testimony is heard.
3459	(5)  At the conclusion of the certification hearing, the
3460	administrative law judge shall, after consideration of all
3461	evidence of record, issue a recommended order disposing of the
3462	application no later than 45 days after the transcript of the
3463	certification hearing and the public hearings is filed with the
3464	Division of Administrative Hearings.
3465	(6)(a)  No later than 25 days before the certification
3466	hearing, the department or the applicant may request that the
3467	administrative law judge cancel the certification hearing and
3468	relinquish jurisdiction to the department if all parties to the
3469	proceeding stipulate that there are no disputed issues of
3470	material fact to be raised at the certification hearing.
3471	(b)  The administrative law judge shall issue an order
3472	granting or denying the request within 5 days.
3473	(c)  If the administrative law judge grants the request,
3474	the department and the applicant shall publish notices of the
3475	cancellation of the certification hearing in accordance with s.
3476	403.5363.
3477	(d)1.  If the administrative law judge grants the request,
3478	the department shall prepare and issue a final order in
3479	accordance with s. 403.529(1)(a).
3480	2.  Parties may submit proposed final orders to the
3481	department no later than 10 days after the administrative law
3482	judge issues an order relinquishing jurisdiction.
3483	(7)  The applicant shall pay those expenses and costs
3484	associated with the conduct of the hearing and the recording and
3485	transcription of the proceedings.
3486	Section 55.  Section 403.5271, Florida Statutes, is amended
3487	to read:
3488	403.5271  Alternate corridors.--
3489	(1)  No later than 45 50 days before prior to the
3490	originally scheduled certification hearing, any party may
3491	propose alternate transmission line corridor routes for
3492	consideration under pursuant to the provisions of this act.
3493	(a)  A notice of a any such proposed alternate corridor
3494	must shall be filed with the administrative law judge, all
3495	parties, and any local governments in whose jurisdiction the
3496	alternate corridor is proposed. The Such filing must shall
3497	include the most recent United States Geological Survey 1:24,000
3498	quadrangle maps specifically delineating the corridor
3499	boundaries, a description of the proposed corridor, and a
3500	statement of the reasons the proposed alternate corridor should
3501	be certified.
3502	(b)1.  Within 7 days after receipt of the such notice, the
3503	applicant and the department shall file with the administrative
3504	law judge and all parties a notice of acceptance or rejection of
3505	a proposed alternate corridor for consideration. If the
3506	alternate corridor is rejected either by the applicant or the
3507	department, the certification hearing and the public hearings
3508	shall be held as scheduled. If both the applicant and the
3509	department accept a proposed alternate corridor for
3510	consideration, the certification hearing and the public hearings
3511	shall be rescheduled, if necessary.
3512	2.  If rescheduled, the certification hearing shall be held
3513	no more than 90 days after the previously scheduled
3514	certification hearing, unless the data submitted under paragraph
3515	(d) is determined to be incomplete, in which case the
3516	rescheduled certification hearing shall be held no more than 105
3517	days after the previously scheduled certification hearing. If
3518	additional time is needed due to the alternate corridor crossing
3519	a local government jurisdiction that was not previously
3520	affected, in which case the remainder of the schedule listed
3521	below shall be appropriately adjusted by the administrative law
3522	judge to allow that local government to prepare a report
3523	pursuant to s. 403.526(2)(a)5.
3524	(c)  Notice of the filing of the alternate corridor, of the
3525	revised time schedules, of the deadline for newly affected
3526	persons and agencies to file notice of intent to become a party,
3527	of the rescheduled hearing date, and of the proceedings pursuant
3528	to s. 403.527(1)(b) and (c) shall be published in accordance
3529	with s. 403.5363.
3530	(d)  Within 21 25 days after acceptance of an alternate
3531	corridor by the department and the applicant, the party
3532	proposing an alternate corridor shall have the burden of
3533	providing all additional data to the agencies listed in s.
3534	403.526(2) and newly affected agencies s. 403.526 necessary for
3535	the preparation of a supplementary report on the proposed
3536	alternate corridor.
3537	(e)1.  Reviewing agencies shall advise the department of
3538	any issues concerning completeness no later than 15 days after
3539	the submittal of the data required by paragraph (d). Within 22
3540	days after receipt of the data, the department shall issue a
3541	determination of completeness.
3542	2.  If the department determines that the data required by
3543	paragraph (d) is not complete, the party proposing the alternate
3544	corridor must file such additional data to correct the
3545	incompleteness. This additional data must be submitted within 14
3546	days after the determination by the department.
3547	3.  If the department, within 14 days after receiving the
3548	additional data, determines that the data remains incomplete,
3549	the incompleteness of the data is deemed a withdrawal of the
3550	proposed alternate corridor. The department may make its
3551	determination based on recommendations made by other affected
3552	agencies. If the department determines within 15 days that this
3553	additional data is insufficient, the party proposing the
3554	alternate corridor shall file such additional data that corrects
3555	the insufficiency within 15 days after the filing of the
3556	department's determination. If such additional data is
3557	determined insufficient, such insufficiency of data shall be
3558	deemed a withdrawal of the proposed alternate corridor. The
3559	party proposing an alternate corridor shall have the burden of
3560	proof on the certifiability of the alternate corridor at the
3561	certification hearing pursuant to s. 403.529(4). Nothing in this
3562	act shall be construed as requiring the applicant or agencies
3563	not proposing the alternate corridor to submit data in support
3564	of such alternate corridor.
3565	(f)  The agencies listed in s. 403.526(2) and any newly
3566	affected agencies s. 403.526 shall file supplementary reports
3567	with the applicant and the department which address addressing
3568	the proposed alternate corridors no later than 24 60 days after
3569	the additional data is submitted pursuant to paragraph (d) or
3570	paragraph (e) is determined to be complete.
3571	(g)  The agency reports on alternate corridors must include
3572	all information required by s. 403.526(2) agencies shall submit
3573	supplementary notice pursuant to s. 403.531(2) at the time of
3574	filing of their supplemental report.
3575	(h)  When an agency whose agency head is a collegial body,
3576	such as a commission, board, or council, is required to submit a
3577	report pursuant to this section and is required by its own
3578	internal procedures to have the report reviewed by its agency
3579	head prior to finalization, the agency may submit to the
3580	Department a draft version of the report by the deadline
3581	indicated in subsection (f), and shall submit a final version of
3582	the report after review by the agency head, and no later than 7
3583	days after the deadline indicated in subsection (f).
3584	(i)(h)  The department shall file with the administrative
3585	law judge, the applicant, and all parties a project prepare a
3586	written analysis consistent with s. 403.526(3) no more than 16
3587	at least 29 days after submittal of agency reports on prior to
3588	the rescheduled certification hearing addressing the proposed
3589	alternate corridor.
3590	(2)  If the original certification hearing date is
3591	rescheduled, the rescheduling shall not provide the opportunity
3592	for parties to file additional alternate corridors to the
3593	applicant's proposed corridor or any accepted alternate
3594	corridor. However, an amendment to the application which changes
3595	the alignment of the applicant's proposed corridor shall require
3596	rescheduling of the certification hearing, if necessary, so as
3597	to allow time for a party to file alternate corridors to the
3598	realigned proposed corridor for which the application has been
3599	amended. Any such alternate corridor proposal shall have the
3600	same starting and ending points as the realigned portion of the
3601	corridor proposed by the applicant's amendment, provided that
3602	the administrative law judge for good cause shown may authorize
3603	another starting or ending point in the area of the applicant's
3604	amended corridor.
3605	(3)(a)  Notwithstanding the rejection of a proposed
3606	alternate corridor by the applicant or the department, any party
3607	may present evidence at the certification hearing to show that a
3608	corridor proper for certification does not satisfy the criteria
3609	listed in s. 403.529 or that a rejected alternate corridor would
3610	meet the criteria set forth in s. 403.529. No Evidence may not
3611	shall be admitted at the certification hearing on any alternate
3612	corridor, unless the alternate corridor was proposed by the
3613	filing of a notice at least 45 50 days before prior to the
3614	originally scheduled certification hearing pursuant to this
3615	section. Rejected alternate corridors shall be considered by the
3616	board as provided in s. 403.529(4) and (5).
3617	(b)  The party proposing an alternate corridor has the
3618	burden to prove that the alternate corridor can be certified at
3619	the certification hearing. This act does not require an
3620	applicant or agency that is not proposing the alternate corridor
3621	to submit data in support of the alternate corridor.
3622	(4)  If an alternate corridor is accepted by the applicant
3623	and the department pursuant to a notice of acceptance as
3624	provided in this subsection and the such corridor is ultimately
3625	determined to be the corridor that would meet the criteria set
3626	forth in s. 403.529(4) and (5), the board shall certify that
3627	corridor.
3628	Section 56.  Section 403.5272, Florida Statutes, is amended
3629	to read:
3630	403.5272  Local governments; Informational public
3631	meetings.--
3632	(1)  A local government whose jurisdiction is to be crossed
3633	by a proposed corridor governments may hold one informational
3634	public meeting meetings in addition to the hearings specifically
3635	authorized by this act on any matter associated with the
3636	transmission line proceeding. The Such informational public
3637	meeting may be conducted by the local government or the regional
3638	planning council and shall meetings should be held no later than
3639	55 80 days after the application is filed. The purpose of an
3640	informational public meeting is for the local government or
3641	regional planning council to further inform the general public
3642	about the transmission line proposed, obtain comments from the
3643	public, and formulate its recommendation with respect to the
3644	proposed transmission line.
3645	(2)  Informational public meetings shall be held solely at
3646	the option of each local government or regional planning
3647	council. It is the legislative intent that local governments or
3648	regional planning councils attempt to hold such public meetings.
3649	Parties to the proceedings under this act shall be encouraged to
3650	attend; however, a no party other than the applicant and the
3651	department is not shall be required to attend the such
3652	informational public meetings hearings.
3653	(3)  A local government or regional planning council that
3654	intends to conduct an informational public meeting must provide
3655	notice of the meeting, with notice sent to all parties listed in
3656	s. 403.527(2)(a), not less than 5 days before the meeting.
3657	(4)(3)  The failure to hold an informational public meeting
3658	or the procedure used for the informational public meeting are
3659	shall not be grounds for the alteration of any time limitation
3660	in this act under pursuant to s. 403.528 or grounds to deny or
3661	condition certification.
3662	Section 57.  Section 403.5275, Florida Statutes, is amended
3663	to read:
3664	403.5275  Amendment to the application.--
3665	(1)  Any amendment made to the application before
3666	certification shall be sent by the applicant to the
3667	administrative law judge and to all parties to the proceeding.
3668	(2)  Any amendment to the application made before prior to
3669	certification shall be disposed of as part of the original
3670	certification proceeding. Amendment of the application may be
3671	considered "good cause" for alteration of time limits pursuant
3672	to s. 403.528.
3673	Section 58.  Section 403.528, Florida Statutes, is amended
3674	to read:
3675	403.528  Alteration of time limits.--
3676	(1)  Any time limitation in this act may be altered by the
3677	administrative law judge upon stipulation between the department
3678	and the applicant unless objected to by any party within 5 days
3679	after notice or for good cause shown by any party.
3680	(2)  A comprehensive application encompassing more than one
3681	proposed transmission line may be good cause for alternation of
3682	time limits.
3683	Section 59.  Section 403.529, Florida Statutes, is amended
3684	to read:
3685	403.529  Final disposition of application.--
3686	(1)(a)  If the administrative law judge has granted a
3687	request to cancel the certification hearing and has relinquished
3688	jurisdiction to the department under s. 403.527(6), within 40
3689	days thereafter, the secretary of the department shall act upon
3690	the application by written order in accordance with the terms of
3691	this act and state the reasons for issuance or denial.
3692	(b)  If the administrative law judge does not grant a
3693	request to cancel the certification hearing under the provisions
3694	of s. 403.527(6) within 60 30 days after receipt of the
3695	administrative law judge's recommended order, the board shall
3696	act upon the application by written order, approving in whole,
3697	approving with such conditions as the board deems appropriate,
3698	or denying the certification and stating the reasons for
3699	issuance or denial.
3700	(2)  The issues that may be raised in any hearing before
3701	the board shall be limited to matters raised in the
3702	certification proceeding before the administrative law judge or
3703	raised in the recommended order of the administrative law judge.
3704	All parties, or their representatives, or persons who appear
3705	before the board shall be subject to the provisions of s.
3706	120.66.
3707	(3)  If certification is denied, the board, or secretary if
3708	applicable, shall set forth in writing the action the applicant
3709	would have to take to secure the approval of the application by
3710	the board.
3711	(4)  In determining whether an application should be
3712	approved in whole, approved with modifications or conditions, or
3713	denied, the board, or secretary when applicable, shall consider
3714	whether, and the extent to which, the location of the
3715	transmission line corridor and the construction, operation, and
3716	maintenance of the transmission line will:
3717	(a)  Ensure electric power system reliability and
3718	integrity;
3719	(b)  Meet the electrical energy needs of the state in an
3720	orderly, economical, and timely fashion;
3721	(c)  Comply with applicable nonprocedural requirements of
3722	agencies;
3723	(d)  Be consistent with applicable provisions of local
3724	government comprehensive plans, if any; and
3725	(e)  Effect a reasonable balance between the need for the
3726	transmission line as a means of providing reliable, economically
3727	efficient electric energy, as determined by the commission,
3728	under s. 403.537, abundant low-cost electrical energy and the
3729	impact upon the public and the environment resulting from the
3730	location of the transmission line corridor and the construction,
3731	operation, and maintenance of the transmission lines.
3732	(5)(a)  Any transmission line corridor certified by the
3733	board, or secretary if applicable, shall meet the criteria of
3734	this section. When more than one transmission line corridor is
3735	proper for certification under pursuant to s. 403.522(10) and
3736	meets the criteria of this section, the board, or secretary if
3737	applicable, shall certify the transmission line corridor that
3738	has the least adverse impact regarding the criteria in
3739	subsection (4), including costs.
3740	(b)  If the board, or secretary if applicable, finds that
3741	an alternate corridor rejected pursuant to s. 403.5271 meets the
3742	criteria of subsection (4) and has the least adverse impact
3743	regarding the criteria in subsection (4), including cost, of all
3744	corridors that meet the criteria of subsection (4), then the
3745	board, or secretary if applicable, shall deny certification or
3746	shall allow the applicant to submit an amended application to
3747	include the such corridor.
3748	(c)  If the board, or secretary if applicable, finds that
3749	two or more of the corridors that comply with the provisions of
3750	subsection (4) have the least adverse impacts regarding the
3751	criteria in subsection (4), including costs, and that the such
3752	corridors are substantially equal in adverse impacts regarding
3753	the criteria in subsection (4), including costs, then the board,
3754	or secretary if applicable, shall certify the corridor preferred
3755	by the applicant if the corridor is one proper for certification
3756	under pursuant to s. 403.522(10).
3757	(6)  The issuance or denial of the certification is by the
3758	board shall be the final administrative action required as to
3759	that application.
3760	Section 60.  Section 403.531, Florida Statutes, is amended
3761	to read:
3762	403.531  Effect of certification.--
3763	(1)  Subject to the conditions set forth therein,
3764	certification shall constitute the sole license of the state and
3765	any agency as to the approval of the location of transmission
3766	line corridors and the construction, operation, and maintenance
3767	of transmission lines. The certification is shall be valid for
3768	the life of the transmission line, if provided that construction
3769	on, or condemnation or acquisition of, the right-of-way is
3770	commenced within 5 years after of the date of certification or
3771	such later date as may be authorized by the board.
3772	(2)(a)  The certification authorizes shall authorize the
3773	licensee applicant to locate the transmission line corridor and
3774	to construct and maintain the transmission lines subject only to
3775	the conditions of certification set forth in the such
3776	certification.
3777	(b)  The certification may include conditions that which
3778	constitute variances and exemptions from nonprocedural standards
3779	or rules regulations of the department or any other agency,
3780	which were expressly considered during the certification review
3781	proceeding unless waived by the agency as provided in s. 403.526
3782	below and which otherwise would be applicable to the location of
3783	the proposed transmission line corridor or the construction,
3784	operation, and maintenance of the transmission lines. Each party
3785	shall notify the applicant and other parties at the time
3786	scheduled for the filing of the agency reports of any
3787	nonprocedural requirements not specifically listed in the
3788	application from which a variance, exemption, exception, or
3789	other relief is necessary in order for the board to certify any
3790	corridor proposed for certification. Failure of such
3791	notification shall be treated as a waiver from the nonprocedural
3792	requirements of that agency.
3793	(3)(a)  The certification shall be in lieu of any license,
3794	permit, certificate, or similar document required by any state,
3795	regional, or local agency under pursuant to, but not limited to,
3796	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
3797	chapter 253, chapter 258, chapter 298, chapter 370, chapter 372,
3798	chapter 373, chapter 376, chapter 380, chapter 381, chapter 387,
3799	chapter 403, chapter 404, the Florida Transportation Code, or 33
3800	U.S.C. s. 1341.
3801	(b)  On certification, any license, easement, or other
3802	interest in state lands, except those the title of which is
3803	vested in the Board of Trustees of the Internal Improvement
3804	Trust Fund, shall be issued by the appropriate agency as a
3805	ministerial act. The applicant shall be required to seek any
3806	necessary interest in state lands the title to which is vested
3807	in the Board of Trustees of the Internal Improvement Trust Fund
3808	from the board of trustees before, during, or after the
3809	certification proceeding, and certification may be made
3810	contingent upon issuance of the appropriate interest in realty.
3811	However, neither the applicant and nor any party to the
3812	certification proceeding may not directly or indirectly raise or
3813	relitigate any matter that which was or could have been an issue
3814	in the certification proceeding in any proceeding before the
3815	Board of Trustees of the Internal Improvement Trust Fund wherein
3816	the applicant is seeking a necessary interest in state lands,
3817	but the information presented in the certification proceeding
3818	shall be available for review by the board of trustees and its
3819	staff.
3820	(4)  This act does shall not in any way affect the
3821	ratemaking powers of the commission under chapter 366. This act
3822	does shall also not in any way affect the right of any local
3823	government to charge appropriate fees or require that
3824	construction be in compliance with the National Electrical
3825	Safety Code, as prescribed by the commission.
3826	(5)  A No term or condition of certification may not shall
3827	be interpreted to preclude the postcertification exercise by any
3828	party of whatever procedural rights it may have under chapter
3829	120, including those related to rulemaking proceedings.
3830	Section 61.  Section 403.5312, Florida Statutes, is amended
3831	to read:
3832	403.5312  Filing Recording of notice of certified corridor
3833	route.--
3834	(1)  Within 60 days after certification of a directly
3835	associated transmission line under pursuant to ss. 403.501-
3836	403.518 or a transmission line corridor under pursuant to ss.
3837	403.52-403.5365, the applicant shall file with the department
3838	and, in accordance with s. 28.222, with the clerk of the circuit
3839	court for each county through which the corridor will pass, a
3840	notice of the certified route.
3841	(2)  The notice must shall consist of maps or aerial
3842	photographs in the scale of 1:24,000 which clearly show the
3843	location of the certified route and must shall state that the
3844	certification of the corridor will result in the acquisition of
3845	rights-of-way within the corridor. Each clerk shall record the
3846	filing in the official record of the county for the duration of
3847	the certification or until such time as the applicant certifies
3848	to the department and the clerk that all lands required for the
3849	transmission line rights-of-way within the corridor have been
3850	acquired within the such county, whichever is sooner.
3851	(3)  The recording of this notice does shall not constitute
3852	a lien, cloud, or encumbrance on real property.
3853	Section 62.  Section 403.5315, Florida Statutes, is amended
3854	to read:
3855	403.5315  Modification of certification.--A certification
3856	may be modified after issuance in any one of the following ways:
3857	(1)  The board may delegate to the department the authority
3858	to modify specific conditions in the certification.
3859	(2)  The licensee may file a petition for modification with
3860	the department or the department may initiate the modification
3861	upon its own initiative.
3862	(a)  A petition for modification must set forth:
3863	1.  The proposed modification;
3864	2.  The factual reasons asserted for the modification; and
3865	3.  The anticipated additional environmental effects of the
3866	proposed modification.
3867	(b)(2)  The department may modify the terms and conditions
3868	of the certification if no party objects in writing to the such
3869	modification within 45 days after notice by mail to the last
3870	address of record in the certification proceeding, and if no
3871	other person whose substantial interests will be affected by the
3872	modification objects in writing within 30 days after issuance of
3873	public notice.
3874	(c)  If objections are raised or the department denies the
3875	proposed modification, the licensee may file a request for
3876	hearing on the modification with the department. Such a request
3877	shall be handled pursuant to chapter 120.
3878	(d)  A request for hearing referred to the Division of
3879	Administrative Hearings shall be disposed of in the same manner
3880	as an application but with time periods established by the
3881	administrative law judge commensurate with the significance of
3882	the modification requested. If objections are raised, the
3883	applicant may file a petition for modification pursuant to
3884	subsection (3).
3885	(3)  The applicant or the department may file a petition
3886	for modification with the department and the Division of
3887	Administrative Hearings setting forth:
3888	(a)  The proposed modification;
3889	(b)  The factual reasons asserted for the modification; and
3890	(c)  The anticipated additional environmental effects of
3891	the proposed modification.
3892	(4)  Petitions filed pursuant to subsection (3) shall be
3893	disposed of in the same manner as an application but with time
3894	periods established by the administrative law judge commensurate
3895	with the significance of the modification requested.
3896	Section 63.  Section 403.5317, Florida Statutes, is created
3897	to read:
3898	403.5317  Postcertification activities.--
3899	(1)(a)  If, subsequent to certification, a licensee
3900	proposes any material change to the application or prior
3901	amendments, the licensee shall submit to the department a
3902	written request for amendment and description of the proposed
3903	change to the application. The department shall, within 30 days
3904	after the receipt of the request for the amendment, determine
3905	whether the proposed change to the application requires a
3906	modification of the conditions of certification.
3907	(b)  If the department concludes that the change would not
3908	require a modification of the conditions of certification, the
3909	department shall notify, in writing, the licensee, all agencies,
3910	and all parties of the approval of the amendment.
3911	(c)  If the department concludes that the change would
3912	require a modification of the conditions of certification, the
3913	department shall notify the licensee that the proposed change to
3914	the application requires a request for modification under s.
3915	403.5315.
3916	(2)  Postcertification submittals filed by a licensee with
3917	one or more agencies are for the purpose of monitoring for
3918	compliance with the issued certification. Each submittal must be
3919	reviewed by each agency on an expedited and priority basis
3920	because each facility certified under this act is a critical
3921	infrastructure facility. Postcertification review may not be
3922	completed more than 90 days after complete information for a
3923	segment of the certified transmission line is submitted to the
3924	reviewing agencies.
3925	Section 64.  Section 403.5363, Florida Statutes, is created
3926	to read:
3927	403.5363  Public notices; requirements.--
3928	(1)(a)  The applicant shall arrange for the publication of
3929	the notices specified in paragraph (b).
3930	1.  The notices shall be published in newspapers of general
3931	circulation within counties crossed by the transmission line
3932	corridors proper for certification. The required newspaper
3933	notices for filing of an application and for the certification
3934	hearing shall be one-half page in size in a standard-size
3935	newspaper or a full page in a tabloid-size newspaper and
3936	published in a section of the newspaper other than the section
3937	for legal notices. These two notices must include a map
3938	generally depicting all transmission corridors proper for
3939	certification. A newspaper of general circulation shall be the
3940	newspaper within a county crossed by a transmission line
3941	corridor proper for certification which newspaper has the
3942	largest daily circulation in that county and has its principal
3943	office in that county. If the newspaper having the largest daily
3944	circulation has its principal office outside the county, the
3945	notices must appear in both the newspaper having the largest
3946	circulation in that county and in a newspaper authorized to
3947	publish legal notices in that county.
3948	2.  The department shall adopt rules specifying the content
3949	of the newspaper notices.
3950	3.  All notices published by the applicant shall be paid
3951	for by the applicant and shall be in addition to the application
3952	fee.
3953	(b)  Public notices that must be published under this
3954	section include:
3955	1.  The notice of the filing of an application, which must
3956	include a description of the proceedings required by this act.
3957	The notice must describe the provisions of s. 403.531(1) and (2)
3958	and give the date by which notice of intent to be a party or a
3959	petition to intervene in accordance with s. 403.527(2) must be
3960	filed. This notice must be published no more than 21 days after
3961	the application is filed.
3962	2.  The notice of the certification hearing and any other
3963	public hearing permitted under s. 403.527. The notice must
3964	include the date by which a person wishing to appear as a party
3965	must file the notice to do so. The notice of the certification
3966	hearing must be published at least 65 days before the date set
3967	for the certification hearing.
3968	3.  The notice of the cancellation of the certification
3969	hearing, if applicable. The notice must be published at least 3
3970	days before the date of the originally scheduled certification
3971	hearing.
3972	4.  The notice of the filing of a proposal to modify the
3973	certification submitted under s. 403.5315, if the department
3974	determines that the modification would require relocation or
3975	expansion of the transmission line right-of-way or a certified
3976	substation.
3977	(2)  The proponent of an alternate corridor shall arrange
3978	for the publication of the filing of the proposal for an
3979	alternate corridor, the revised time schedules, the date by
3980	which newly affected persons or agencies may file the notice of
3981	intent to become a party, and the date of the rescheduled
3982	hearing. A notice listed in this subsection must be published in
3983	a newspaper of general circulation within the county or counties
3984	crossed by the proposed alternate corridor and comply with the
3985	content requirements set forth in paragraph (1)(a). The notice
3986	must be published not less than 50 days before the rescheduled
3987	certification hearing.
3988	(3)  The department shall arrange for the publication of
3989	the following notices in the manner specified by chapter 120:
3990	(a)  The notice of the filing of an application and the
3991	date by which a person intending to become a party must file a
3992	petition to intervene or a notice of intent to be a party. The
3993	notice must be published no later than 21 days after the
3994	application has been filed.
3995	(b)  The notice of any administrative hearing for
3996	certification, if applicable. The notice must be published not
3997	less than 65 days before the date set for a hearing, except that
3998	notice for a rescheduled certification hearing after acceptance
3999	of an alternative corridor must be published not less than 50
4000	days before the date set for the hearing.
4001	(c)  The notice of the cancellation of a certification
4002	hearing, if applicable. The notice must be published not later
4003	than 7 days before the date of the originally scheduled
4004	certification hearing.
4005	(d)  The notice of the hearing before the siting board, if
4006	applicable.
4007	(e)  The notice of stipulations, proposed agency action, or
4008	a petition for modification.
4009	Section 65.  Section 403.5365, Florida Statutes, is amended
4010	to read:
4011	403.5365  Fees; disposition.--The department shall charge
4012	the applicant the following fees, as appropriate, which, unless
4013	otherwise specified, shall be paid into the Florida Permit Fee
4014	Trust Fund:
4015	(1)  An application fee.
4016	(a)  The application fee shall be of $100,000, plus $750
4017	per mile for each mile of corridor in which the transmission
4018	line right-of-way is proposed to be located within an existing
4019	electric electrical transmission line right-of-way or within any
4020	existing right-of-way for any road, highway, railroad, or other
4021	aboveground linear facility, or $1,000 per mile for each mile of
4022	electric transmission line corridor proposed to be located
4023	outside the such existing right-of-way.
4024	(b)(a)  Sixty percent of the fee shall go to the department
4025	to cover any costs associated with coordinating the review of
4026	reviewing and acting upon the application and any costs for
4027	field services associated with monitoring construction and
4028	operation of the electric transmission line facility.
4029	(c)(b)  The following percentage Twenty percent of the fees
4030	specified under this section, except postcertification fees,
4031	shall be transferred to the Administrative Trust Fund of the
4032	Division of Administrative Hearings of the Department of
4033	Management Services:.
4034	1.  Five percent to compensate for expenses from the
4035	initial exercise of duties associated with the filing of an
4036	application.
4037	2.  An additional 10 percent if an administrative hearing
4038	under s. 403.527 is held.
4039	(d)1.(c)  Upon written request with proper itemized
4040	accounting within 90 days after final agency action by the
4041	siting board or the department or the withdrawal of the
4042	application, the agencies that prepared reports under s. 403.526
4043	or s. 403.5271 or participated in a hearing under s. 403.527 or
4044	s. 403.5271 may submit a written request to the department for
4045	reimbursement of expenses incurred during the certification
4046	proceedings. The request must contain an accounting of expenses
4047	incurred, which may include time spent reviewing the
4048	application, department shall reimburse the expenses and costs
4049	of the Department of Community Affairs, the Fish and Wildlife
4050	Conservation Commission, the water management district, regional
4051	planning council, and local government in the jurisdiction of
4052	which the transmission line is to be located. Such reimbursement
4053	shall be authorized for the preparation of any studies required
4054	of the agencies by this act, and for agency travel and per diem
4055	to attend any hearing held under pursuant to this act, and for
4056	the local government or regional planning council providing
4057	additional notice of the informational public meeting. The
4058	department shall review the request and verify whether a claimed
4059	expense is valid. Valid expenses shall be reimbursed; however,
4060	if to participate in the proceedings. In the event the amount of
4061	funds available for reimbursement allocation is insufficient to
4062	provide for full compensation complete reimbursement to the
4063	agencies, reimbursement shall be on a prorated basis.
4064	2.  If the application review is held in abeyance for more
4065	than 1 year, the agencies may submit a request for reimbursement
4066	under subparagraph 1.
4067	(e)(d)  If any sums are remaining, the department shall
4068	retain them for its use in the same manner as is otherwise
4069	authorized by this section; provided, however, that if the
4070	certification application is withdrawn, the remaining sums shall
4071	be refunded to the applicant within 90 days after withdrawal.
4072	(2)  An amendment fee.
4073	(a)  If no corridor alignment change is proposed by the
4074	amendment, no amendment fee shall be charged.
4075	(b)  If a corridor alignment change under s. 403.5275 is
4076	proposed by the applicant, an additional fee of a minimum of
4077	$2,000 and $750 per mile shall be submitted to the department
4078	for use in accordance with this act.
4079	(c)  If an amendment is required to address issues,
4080	including alternate corridors under pursuant to s. 403.5271,
4081	raised by the department or other parties, no fee for the such
4082	amendment shall be charged.
4083	(3)  A certification modification fee.
4084	(a)  If no corridor alignment change is proposed by the
4085	licensee applicant, the modification fee shall be $4,000.
4086	(b)  If a corridor alignment change is proposed by the
4087	licensee applicant, the fee shall be $1,000 for each mile of
4088	realignment plus an amount not to exceed $10,000 to be fixed by
4089	rule on a sliding scale based on the load-carrying capability
4090	and configuration of the transmission line for use in accordance
4091	with subsection (1) (2).
4092	Section 66.  Subsection (1) of section 403.537, Florida
4093	Statutes, is amended to read:
4094	403.537  Determination of need for transmission line;
4095	powers and duties.--
4096	(1)(a)  Upon request by an applicant or upon its own
4097	motion, the Florida Public Service Commission shall schedule a
4098	public hearing, after notice, to determine the need for a
4099	transmission line regulated by the Florida Electric Transmission
4100	Line Siting Act, ss. 403.52-403.5365. The Such notice shall be
4101	published at least 21 45 days before the date set for the
4102	hearing and shall be published by the applicant in at least one-
4103	quarter page size notice in newspapers of general circulation,
4104	and by the commission in the manner specified in chapter 120 in
4105	the Florida Administrative Weekly, by giving notice to counties
4106	and regional planning councils in whose jurisdiction the
4107	transmission line could be placed, and by giving notice to any
4108	persons who have requested to be placed on the mailing list of
4109	the commission for this purpose. Within 21 days after receipt of
4110	a request for determination by an applicant, the commission
4111	shall set a date for the hearing. The hearing shall be held
4112	pursuant to s. 350.01 within 45 days after the filing of the
4113	request, and a decision shall be rendered within 60 days after
4114	such filing.
4115	(b)  The commission shall be the sole forum in which to
4116	determine the need for a transmission line. The need for a
4117	transmission line may not be raised or be the subject of review
4118	in another proceeding.
4119	(c)(b)  In the determination of need, the commission shall
4120	take into account the need for electric system reliability and
4121	integrity, the need for abundant, low-cost electrical energy to
4122	assure the economic well-being of the residents citizens of this
4123	state, the appropriate starting and ending point of the line,
4124	and other matters within its jurisdiction deemed relevant to the
4125	determination of need. The appropriate starting and ending
4126	points of the electric transmission line must be verified by the
4127	commission in its determination of need.
4128	(d)(c)  The determination by the commission of the need for
4129	the transmission line, as defined in s. 403.522(22) s.
4130	403.522(21), is binding on all parties to any certification
4131	proceeding under pursuant to the Florida Electric Transmission
4132	Line Siting Act and is a condition precedent to the conduct of
4133	the certification hearing prescribed therein. An order entered
4134	pursuant to this section constitutes final agency action.
4135	Section 67.  Subsection (3) of section 373.441, Florida
4136	Statutes, is amended to read:
4137	373.441  Role of counties, municipalities, and local
4138	pollution control programs in permit processing.--
4139	(3)  The department shall review environmental resource
4140	permit applications for electrical distribution and transmission
4141	lines and other facilities related to the production,
4142	transmission, and distribution of electricity which are not
4143	certified under ss. 403.52-403.5365, the Florida Electric
4144	Transmission Line Siting Act, regulated under this part.
4145	Section 68.  Subsection (30) of section 403.061, Florida
4146	Statutes, is amended to read:
4147	403.061  Department; powers and duties.--The department
4148	shall have the power and the duty to control and prohibit
4149	pollution of air and water in accordance with the law and rules
4150	adopted and promulgated by it and, for this purpose, to:
4151	(30)  Establish requirements by rule that reasonably
4152	protect the public health and welfare from electric and magnetic
4153	fields associated with existing 230 kV or greater electrical
4154	transmission lines, new 230 kV and greater electrical
4155	transmission lines for which an application for certification
4156	under the Florida Electric Transmission Line Siting Act, ss.
4157	403.52-403.5365, is not filed, new or existing electrical
4158	transmission or distribution lines with voltage less than 230
4159	kV, and substation facilities. Notwithstanding any other
4160	provision in this chapter or any other law of this state or
4161	political subdivision thereof, the department shall have
4162	exclusive jurisdiction in the regulation of electric and
4163	magnetic fields associated with all electrical transmission and
4164	distribution lines and substation facilities. However, nothing
4165	herein shall be construed as superseding or repealing the
4166	provisions of s. 403.523(1) and (10).
4167
4168	The department shall implement such programs in conjunction with
4169	its other powers and duties and shall place special emphasis on
4170	reducing and eliminating contamination that presents a threat to
4171	humans, animals or plants, or to the environment.
4172	Section 69.  Paragraph (a) of subsection (3) of section
4173	403.0876, Florida Statutes, is amended to read:
4174	403.0876  Permits; processing.--
4175	(3)(a)  The department shall establish a special unit for
4176	permit coordination and processing to provide expeditious
4177	processing of department permits which the district offices are
4178	unable to process expeditiously and to provide accelerated
4179	processing of certain permits or renewals for economic and
4180	operating stability. The ability of the department to process
4181	applications under pursuant to this subsection in a more timely
4182	manner than allowed by subsections (1) and (2) is dependent upon
4183	the timely exchange of information between the applicant and the
4184	department and the intervention of outside parties as allowed by
4185	law. An applicant may request the processing of its permit
4186	application by the special unit if the application is from an
4187	area of high unemployment or low per capita income, is from a
4188	business or industry that is the primary employer within an
4189	area's labor market, or is in an industry with respect to which
4190	the complexities involved in the review of the application
4191	require special skills uniquely available in the headquarters
4192	office. The department may require the applicant to waive the
4193	90-day time limitation for department issuance or denial of the
4194	permit once for a period not to exceed 90 days. The department
4195	may require a special fee to cover the direct cost of processing
4196	special applications in addition to normal permit fees and
4197	costs. The special fee may not exceed $10,000 per permit
4198	required. Applications for renewal permits, but not applications
4199	for initial permits, required for facilities pursuant to the
4200	Electrical Power Plant Siting Act or the Florida Electric
4201	Transmission Line Siting Act may be processed under this
4202	subsection. Personnel staffing the special unit shall have
4203	lengthy experience in permit processing.
4204	Section 70.  Paragraph (b) of subsection (3) of section
4205	403.809, Florida Statutes, is amended to read:
4206	403.809  Environmental districts; establishment; managers;
4207	functions.--
4208	(3)
4209	(b)  The processing of all applications for permits,
4210	licenses, certificates, and exemptions shall be accomplished at
4211	the district center or the branch office, except for those
4212	applications specifically assigned elsewhere in the department
4213	under s. 403.805 or to the water management districts under s.
4214	403.812 and those applications assigned by interagency agreement
4215	as provided in this act. However, the secretary, as head of the
4216	department, may not delegate to district or subdistrict
4217	managers, water management districts, or any unit of local
4218	government the authority to act on the following types of permit
4219	applications:
4220	1.  Permits issued under s. 403.0885, except such permit
4221	issuance may be delegated to district managers.
4222	2.  Construction of major air pollution sources.
4223	3.  Certifications under the Florida Electrical Power Plant
4224	Siting Act or the Florida Electric Transmission Line Siting Act
4225	and the associated permit issued under s. 403.0885, if
4226	applicable.
4227	4.  Permits issued under s. 403.0885 to steam electric
4228	generating facilities regulated pursuant to 40 C.F.R. part 423.
4229	5.  Permits issued under s. 378.901.
4230	Section 71.  Sections 403.5253 and 403.5369, Florida
4231	Statutes, are repealed.
4232	Section 72.  By November 1, 2006, the Department of
4233	Environmental Protection shall provide to the Governor, the
4234	President of the Senate, and the Speaker of the House of
4235	Representatives a report detailing the state's leadership by
4236	example in energy conservation and energy efficiency. The report
4237	must include a description of state programs designed to achieve
4238	energy conservation and energy efficiency at state-owned
4239	facilities, such as the guaranteed energy performance savings
4240	contracting pursuant to s. 489.145, Florida Statutes, and the
4241	inclusion of alternative fuel vehicles in state fleets. The
4242	report must describe the costs of implementation, details of the
4243	programs, and current and projected energy and cost savings. The
4244	report must also set forth recommendations on a rebate program
4245	for purchases of energy-efficient appliances.
4246	Section 73.  Section 403.885, Florida Statutes, is amended
4247	to read:
4248	403.885  Water Projects Stormwater management; wastewater
4249	management; and Water Restoration Grant Program.--
4250	(1)  The Department of Environmental Protection shall
4251	administer a grant program to use funds transferred pursuant to
4252	s. 212.20 to the Ecosystem Management and Restoration Trust Fund
4253	or other moneys as appropriated by the Legislature for water
4254	quality improvement, stormwater management, wastewater
4255	management, and water restoration and other water projects as
4256	specifically appropriated by the Legislature project grants.
4257	Eligible recipients of such grants include counties,
4258	municipalities, water management districts, and special
4259	districts that have legal responsibilities for water quality
4260	improvement, water management, stormwater management, wastewater
4261	management, lake and river water restoration projects, and.
4262	drinking water projects are not eligible for funding pursuant to
4263	this section.
4264	(2)  The grant program shall provide for the evaluation of
4265	annual grant proposals. The department shall evaluate such
4266	proposals to determine if they:
4267	(a)  Protect public health or and the environment.
4268	(b)  Implement plans developed pursuant to the Surface
4269	Water Improvement and Management Act created in part IV of
4270	chapter 373, other water restoration plans required by law,
4271	management plans prepared pursuant to s. 403.067, or other plans
4272	adopted by local government for water quality improvement and
4273	water restoration.
4274	(3)  In addition to meeting the criteria in subsection (2),
4275	annual grant proposals must also meet the following
4276	requirements:
4277	(a)  An application for a stormwater management project may
4278	be funded only if the application is approved by the water
4279	management district with jurisdiction in the project area.
4280	District approval must be based on a determination that the
4281	project provides a benefit to a priority water body.
4282	(b)  Except as provided in paragraph (c), an application
4283	for a wastewater management project may be funded only if:
4284	1.  The project has been funded previously through a line
4285	item in the General Appropriations Act; and
4286	2.  The project is under construction.
4287	(c)  An application for a wastewater management project
4288	that would qualify as a water pollution control project and
4289	activity in s. 403.1838 may be funded only if the project
4290	sponsor has submitted an application to the department for
4291	funding pursuant to that section.
4292	(4)  All project applicants must provide local matching
4293	funds as follows:
4294	(a)  An applicant for state funding of a stormwater
4295	management project shall provide local matching funds equal to
4296	at least 50 percent of the total cost of the project; and
4297	(b)  An applicant for state funding of a wastewater
4298	management project shall provide matching funds equal to at
4299	least 25 percent of the total cost of the project.
4300
4301	The requirement for matching funds may be waived if the
4302	applicant is a financially disadvantaged small local government
4303	as defined in subsection (5).
4304	(5)  Each fiscal year, at least 20 percent of the funds
4305	available pursuant to this section shall be used for projects to
4306	assist financially disadvantaged small local governments. For
4307	purposes of this section, the term "financially disadvantaged
4308	small local government" means a municipality having a population
4309	of 7,500 or less, a county having a population of 35,000 or
4310	less, according to the latest decennial census and a per capita
4311	annual income less than the state per capita annual income as
4312	determined by the United States Department of Commerce, or a
4313	county in an area designated by the Governor as a rural area of
4314	critical economic concern pursuant to s. 288.0656. Grants made
4315	to these eligible local governments shall not require matching
4316	local funds.
4317	(6)  Each year, stormwater management and wastewater
4318	management projects submitted for funding through the
4319	legislative process shall be submitted to the department by the
4320	appropriate fiscal committees of the House of Representatives
4321	and the Senate. The department shall review the projects and
4322	must provide each fiscal committee with a list of projects that
4323	appear to meet the eligibility requirements under this grant
4324	program.
4325	Section 74.  For the 2006-2007 fiscal year, the sum of
4326	$61,379 is appropriated from the General Revenue Fund to the
4327	Department of Revenue for the purpose of administering the
4328	energy-efficient products sales tax holiday.
4329	Section 75.  For the 2006-2007 fiscal year, the sum of
4330	$8,587,000 in nonrecurring funds is appropriated from the
4331	General Revenue Fund and $6,413,000 in nonrecurring funds is
4332	appropriated from the Grants and Donations Trust Fund in the
4333	Department of Environmental Protection for the purpose of
4334	funding the Renewable Energy Technologies Grants program
4335	authorized in s. 377.804, Florida Statutes. From the General
4336	Revenue Funds, $5,000,000 are contingent upon the coordination
4337	between the Department of Environmental Protection and the
4338	Department of Agriculture and Consumer Services pursuant to s.
4339	377.804(6), Florida Statutes.
4340	Section 76.  For the 2006-2007 fiscal year, the sum of $2.5
4341	million in nonrecurring funds is appropriated from the General
4342	Revenue Fund to the Department of Environmental Protection for
4343	the purpose of funding commercial and consumer solar incentives
4344	authorized in s. 377.806, Florida Statutes.
4345	Section 77.  Except as otherwise expressly provided in this
4346	act, this act shall take effect upon becoming a law.
4347
4348	======= T I T L E  A M E N D M E N T ==========
4349	Remove the entire title and insert:
4350	A bill to be entitled
4351	An act relating to energy; providing legislative findings
4352	and intent; creating s. 377.801, F.S.; creating the
4353	"Florida Renewable Energy Technologies and Energy
4354	Efficiency Act"; creating s. 377.802, F.S.; stating the
4355	purpose of the act; creating s. 377.803, F.S.; providing
4356	definitions; creating s. 377.804, F.S.; creating the
4357	Renewable Energy Technologies Grants Program; providing
4358	program requirements and procedures, including matching
4359	funds; requiring the Department of Environmental
4360	Protection to adopt rules and coordinate with the
4361	Department of Agriculture and Consumer Services; requiring
4362	joint departmental approval for the funding of any
4363	project; specifying a period during which the sale of
4364	energy-efficient products is exempt from certain tax;
4365	providing a limitation; providing a definition;
4366	prohibiting purchase of products by certain payment
4367	methods; providing that certain purchases or attempts to
4368	purchase are unfair methods of competition and punishable
4369	as such; authorizing the Department of Revenue to adopt
4370	rules; creating s. 377.806, F.S.; creating the Solar
4371	Energy System Incentives Program; providing program
4372	requirements, procedures, and limitations; requiring the
4373	Department of Environmental Protection to adopt rules;
4374	creating the Florida Energy Commission within the Office
4375	of Legislative Services; providing for appointment,
4376	qualifications, and terms of members; authorizing certain
4377	persons to attend meetings of and advise the commission;
4378	providing for reimbursement for travel expenses and per
4379	diem; providing for meetings; providing purposes and
4380	guiding principles of the commission; requiring
4381	recommendations and reports; providing legislative intent;
4382	providing rulemaking authority; amending s. 212.08, F.S.;
4383	providing definitions for the terms "biodiesel,"
4384	"ethanol," and "hydrogen fuel cells"; providing tax
4385	exemptions in the form of a rebate for the sale or use of
4386	certain equipment, machinery, and other materials for
4387	renewable energy technologies; providing eligibility
4388	requirements and tax credit limits; authorizing the
4389	Department of Revenue to adopt rules; directing the
4390	Department of Environmental Protection to determine and
4391	publish certain information relating to such exemptions;
4392	providing for expiration of the exemption; amending s.
4393	213.053, F.S.; authorizing the Department of Revenue to
4394	share certain information with the Department of
4395	Environmental Protection for specified purposes; amending
4396	s. 220.02, F.S.; providing the order of application of the
4397	renewable energy technologies investment tax credit;
4398	creating s. 220.192, F.S.; providing definitions;
4399	establishing a corporate tax credit for certain costs
4400	related to renewable energy technologies; providing
4401	eligibility requirements and credit limits; providing
4402	certain authority to the Department of Environmental
4403	Protection and the Department of Revenue; directing the
4404	Department of Environmental Protection to determine and
4405	publish certain information; providing for expiration of
4406	the tax credit; creating s. 220.193, F.S.; creating the
4407	Florida renewable energy production credit; providing
4408	definitions; providing a tax credit for the production and
4409	sale of renewable Florida energy; providing for the use
4410	and transfer of the tax credit; authorizing the Department
4411	of Revenue to adopt rules concerning the tax credit;
4412	amending s. 220.13, F.S.; providing additions to the
4413	definition of "adjusted federal income"; amending s.
4414	186.801, F.S.; revising the provisions of electric utility
4415	10-year site plans to include the effect on fuel
4416	diversity; amending s. 366.04, F.S.; revising the safety
4417	standards for public utilities; amending s. 366.05, F.S.;
4418	authorizing the Public Service Commission to adopt certain
4419	construction standards and make certain determinations;
4420	directing the commission to conduct a study and provide a
4421	report by a certain date; creating s. 366.92, F.S.;
4422	relating to the Florida renewable energy policy; providing
4423	intent; providing definitions; authorizing the Florida
4424	Public Service Commission to adopt goals for increasing
4425	the use of Florida renewable energy resources; authorizing
4426	the commission to adopt rules; requiring the commission to
4427	conduct a study and review; providing criteria for such
4428	study and a review; requiring the commission to provide a
4429	review and recommendations to the Governor and Legislature
4430	by a certain date; amending s. 403.503, F.S.; revising and
4431	providing definitions applicable to the Florida Electrical
4432	Power Plant Siting Act; amending s. 403.504, F.S.;
4433	providing the Department of Environmental Protection with
4434	additional powers and duties relating to the Florida
4435	Electrical Power Plant Siting Act; amending s. 403.5055,
4436	F.S.; revising provisions for certain permits associated
4437	with applications for electrical power plant
4438	certification; amending s. 403.506, F.S.; revising
4439	provisions relating to applicability and certification of
4440	certain power plants; amending s. 403.5064, F.S.; revising
4441	provisions for distribution of applications and schedules
4442	relating to certification; amending s. 403.5065, F.S.;
4443	revising provisions relating to the appointment of
4444	administrative law judges and specifying their powers and
4445	duties; amending s. 403.5066, F.S.; revising provisions
4446	relating to the determination of completeness for certain
4447	applications; creating s. 403.50663, F.S.; authorizing
4448	certain local governments and regional planning councils
4449	to hold an informational public meeting about a proposed
4450	electrical power plant or associated facilities; providing
4451	requirements and procedures therefor; creating s.
4452	403.50665, F.S.; requiring local governments to file
4453	certain land use determinations; providing requirements
4454	and procedures therefor; repealing s. 403.5067, F.S.,
4455	relating to the determination of sufficiency for certain
4456	applications; amending s. 403.507, F.S.; revising required
4457	preliminary statement provisions for affected agencies;
4458	requiring a report as a condition precedent to the project
4459	analysis and certification hearing; amending s. 403.508,
4460	F.S.; revising provisions relating to land use and
4461	certification hearings, including cancellation and
4462	responsibility for payment of expenses and costs;
4463	requiring certain notice; amending s. 403.509, F.S.;
4464	revising provisions relating to the final disposition of
4465	certain applications; providing requirements and
4466	provisions with respect thereto; amending s. 403.511,
4467	F.S.; revising provisions relating to the effect of
4468	certification for the construction and operation of
4469	proposed electrical power plants; providing that issuance
4470	of certification meets certain coastal zone consistency
4471	requirements; creating s. 403.5112, F.S.; requiring filing
4472	of notice for certified corridor routes; providing
4473	requirements and procedures with respect thereto; creating
4474	s. 403.5113, F.S.; authorizing postcertification
4475	amendments for power plant site certification
4476	applications; providing requirements and procedures with
4477	respect thereto; amending s. 403.5115, F.S.; requiring
4478	certain public notice for activities relating to
4479	electrical power plant site application, certification,
4480	and land use determination; providing requirements and
4481	procedures with respect thereto; directing the Department
4482	of Environmental Protection to maintain certain lists and
4483	provide copies of certain publications; amending s.
4484	403.513, F.S.; revising provisions for judicial review of
4485	appeals relating to electrical power plant site
4486	certification; amending s. 403.516, F.S.; revising
4487	provisions relating to modification of certification for
4488	electrical power plant sites; amending s. 403.517, F.S.;
4489	revising provisions relating to supplemental applications
4490	for sites certified for ultimate site capacity; amending
4491	s. 403.5175, F.S.; revising provisions relating to
4492	existing electrical power plant site certification;
4493	revising the procedure for reviewing and processing
4494	applications; requiring additional information to be
4495	included in certain applications; amending s. 403.518,
4496	F.S.; revising the allocation of proceeds from certain
4497	fees collected; providing for reimbursement of certain
4498	expenses; directing the Department of Environmental
4499	Protection to establish rules for determination of certain
4500	fees; eliminating certain operational license fees;
4501	providing for the application, processing, approval, and
4502	cancellation of electrical power plant certification;
4503	amending s. 403.519, F.S.; directing the Public Service
4504	Commission to consider fuel diversity and reliability in
4505	certain determinations; providing requirements and
4506	procedures for determination of need for certain power
4507	plants; providing an exemption from purchased power supply
4508	bid rules under certain circumstances; creating s. 366.93,
4509	F.S.; providing definitions; requiring the Public Service
4510	Commission to implement rules related to nuclear power
4511	plant cost recovery; requiring a report; amending s.
4512	403.52, F.S.; changing the short title to the "Florida
4513	Electric Transmission Line Siting Act"; amending s.
4514	403.521, F.S.; revising legislative intent; amending s.
4515	403.522, F.S.; revising definitions; defining the terms
4516	"licensee" and "maintenance and access roads"; amending s.
4517	403.523, F.S.; revising powers and duties of the
4518	Department of Environmental Protection; requiring the
4519	department to collect and process fees, to prepare a
4520	project analysis, to act as clerk for the siting board,
4521	and to administer and manage the terms and conditions of
4522	the certification order and supporting documents and
4523	records; amending s. 403.524, F.S.; revising provisions
4524	for applicability, certification, and exemptions under the
4525	act; revising provisions for notice by an electric utility
4526	of its intent to construct an exempt transmission line;
4527	amending s. 403.525, F.S.; providing for powers and duties
4528	of the administrative law judge designated by the Division
4529	of Administrative Hearings to conduct the required
4530	hearings; amending s. 403.5251, F.S.; revising application
4531	procedures and schedules; providing for the formal date of
4532	filing an application for certification and commencement
4533	of the certification review process; requiring the
4534	department to prepare a proposed schedule of dates for
4535	determination of completeness and other significant dates
4536	to be followed during the certification process; providing
4537	for the formal date of application distribution; requiring
4538	the applicant to provide notice of filing the application;
4539	amending s. 403.5252, F.S.; revising timeframes and
4540	procedures for determination of completeness of the
4541	application; requiring the department to consult with
4542	affected agencies; revising requirements for the
4543	department to file a statement of its determination of
4544	completeness with the Division of Administrative Hearings,
4545	the applicant, and all parties within a certain time after
4546	distribution of the application; revising requirements for
4547	the applicant to file a statement with the department, the
4548	division, and all parties, if the department determines
4549	the application is not complete; providing for the
4550	statement to notify the department whether the information
4551	will be provided; revising timeframes and procedures for
4552	contests of the determination by the department; providing
4553	for parties to a hearing on the issue of completeness;
4554	amending s. 403.526, F.S.; revising criteria and
4555	procedures for preliminary statements of issues, reports,
4556	and studies; revising timeframes; requiring that the
4557	preliminary statement of issues from each affected agency
4558	be submitted to the department and the applicant; revising
4559	criteria for the Department of Community Affairs' report;
4560	requiring the Department of Transportation, the Public
4561	Service Commission, and any other affected agency to
4562	prepare a project report; revising required content of the
4563	report; providing for notice of any nonprocedural
4564	requirements not listed in the application; providing for
4565	failure to provide such notification; providing for a
4566	recommendation for approval or denial of the application;
4567	providing that receipt of an affirmative determination of
4568	need is a condition precedent to further processing of the
4569	application; requiring that the department prepare a
4570	project analysis to be filed with the administrative law
4571	judge and served on all parties within a certain time;
4572	amending s. 403.527, F.S.; revising procedures and
4573	timeframes for the certification hearing conducted by the
4574	administrative law judge; revising provisions for notices
4575	and publication of notices, public hearings held by local
4576	governments, testimony at the public-hearing portion of
4577	the certification hearing, the order of presentations at
4578	the hearing, and consideration of certain communications
4579	by the administrative law judge; requiring the applicant
4580	to pay certain expenses and costs; requiring the
4581	administrative law judge to issue a recommended order
4582	disposing of the application; requiring that certain
4583	notices be made in accordance with specified requirements
4584	and within a certain time; requiring the Department of
4585	Transportation to be a party to the proceedings; providing
4586	for the administrative law judge to cancel the
4587	certification hearing and relinquish jurisdiction to the
4588	Department of Environmental Protection upon request by the
4589	applicant or the department; requiring the department and
4590	the applicant to publish notice of such cancellation;
4591	providing for parties to submit proposed recommended
4592	orders to the department when the certification hearing
4593	has been canceled; providing that the department prepare a
4594	recommended order for final action by the siting board
4595	when the hearing has been canceled; amending s. 403.5271,
4596	F.S.; revising procedures and timeframes for consideration
4597	of proposed alternate corridors; revising notice
4598	requirements; providing for notice of the filing of the
4599	alternate corridor and revised time schedules; providing
4600	for notice to agencies newly affected by the proposed
4601	alternate corridor; requiring the person proposing the
4602	alternate corridor to provide all data to the agencies
4603	within a certain time; providing for a determination by
4604	the department that the data is not complete; providing
4605	for withdrawal of the proposed alternate corridor upon
4606	such determination; requiring that agencies file reports
4607	with the applicant and the department which address the
4608	proposed alternate corridor; requiring that the department
4609	file with the administrative law judge, the applicant, and
4610	all parties a project analysis of the proposed alternate
4611	corridor; providing that the party proposing an alternate
4612	corridor has the burden of proof concerning the
4613	certifiability of the alternate corridor; amending s.
4614	403.5272, F.S.; revising procedures for informational
4615	public meetings; providing for informational public
4616	meetings held by regional planning councils; revising
4617	timeframes; amending s. 403.5275, F.S.; revising
4618	provisions for amendment to the application prior to
4619	certification; amending s. 403.528, F.S.; providing that a
4620	comprehensive application encompassing more than one
4621	proposed transmission line may be good cause for altering
4622	established time limits; amending s. 403.529, F.S.;
4623	revising provisions for final disposition of the
4624	application by the siting board; providing for the
4625	administrative law judge's or department's recommended
4626	order; amending s. 403.531, F.S.; revising provisions for
4627	conditions of certification; amending s. 403.5312, F.S.;
4628	requiring the applicant to file notice of a certified
4629	corridor route with the department; amending s. 403.5315,
4630	F.S.; revising the circumstances under which a
4631	certification may be modified after the certification has
4632	been issued; providing for procedures if objections are
4633	raised to the proposed modification; creating s. 403.5317,
4634	F.S.; providing procedures for changes proposed by the
4635	licensee after certification; requiring the department to
4636	determine within a certain time if the proposed change
4637	requires modification of the conditions of certification;
4638	requiring notice to the licensee, all agencies, and all
4639	parties of changes that are approved as not requiring
4640	modification of the conditions of certification; creating
4641	s. 403.5363, F.S.; requiring publication of certain
4642	notices by the applicant, the proponent of an alternate
4643	corridor, and the department; requiring the department to
4644	adopt rules specifying the content of such notices;
4645	amending s. 403.5365, F.S.; revising application fees and
4646	the distribution of fees collected; revising procedures
4647	for reimbursement of local governments and regional
4648	planning organizations; amending s. 403.537, F.S.;
4649	revising the schedule for notice of a public hearing by
4650	the Public Service Commission in order to determine the
4651	need for a transmission line; providing that the
4652	commission is the sole forum in which to determine the
4653	need for a transmission line; amending ss. 373.441,
4654	403.061, 403.0876, and 403.809, F.S.; conforming
4655	terminology to changes made by the act; repealing ss.
4656	403.5253 and 403.5369, F.S., relating to determination of
4657	sufficiency of application or amendment to the application
4658	and the application of the act to applications filed
4659	before a certain date; requiring the Department of
4660	Environmental Protection to provide a report to the
4661	Governor and Legislature by a certain date; providing
4662	requirements for such report; amending 403.885, F.S.;
4663	revising provisions and requirements relating to the
4664	stormwater management, wastewater management, and water
4665	restoration grants program; providing for appropriations;
4666	providing effective dates.

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