Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 888
Barcode 800638
CHAMBER ACTION
Senate House
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11 The Committee on Communications and Public Utilities
12 (Constantine) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Florida Energy Commission.--
19 (1) The Florida Energy Commission is created and shall
20 be located within the Office of Legislative Services for
21 administrative purposes. The commission shall be comprised of
22 a total of 17 members, of whom nine shall be voting members
23 and eight shall be nonvoting members, as follows:
24 (a) The voting members shall be appointed as follows:
25 three shall be appointed by the Governor, three shall be
26 appointed by the President of the Senate, and three shall be
27 appointed by the Speaker of the House of Representatives.
28 Voting members shall be appointed to 4-year terms; however, in
29 order to establish staggered terms, for the initial
30 appointments each appointing official shall appoint one member
31 to a 2-year term, one member to a 3-year term, and one member
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1 to a 4-year term. Voting members must meet the following
2 qualifications and restrictions:
3 1. A voting member must be an expert in one or more of
4 the following fields: energy, natural resource conservation,
5 economics, engineering, finance, law, consumer protection,
6 state energy policy, or another field substantially related to
7 the duties and functions of the commission. The commission
8 shall fairly represent the fields specified in this
9 subparagraph.
10 2. A voting member may not, at the time of appointment
11 or during his or her term of office:
12 a. Have any financial interest, other than ownership
13 of shares in a mutual fund, in any business entity that,
14 directly or indirectly, owns or controls, or is an affiliate
15 or subsidiary of, any business entity that may profit by the
16 policy recommendations developed by the commission.
17 b. Be employed by or engaged in any business activity
18 with any business entity that, directly or indirectly, owns or
19 controls, or is an affiliate or subsidiary of, any business
20 entity that may profit by the policy recommendations developed
21 by the commission.
22 (b) The nonvoting members shall include:
23 1. The chair of the Florida Public Service Commission;
24 2. The Public Counsel;
25 3. The Commissioner of Agriculture;
26 4. The Secretary of Environmental Protection;
27 5. The Secretary of Community Affairs;
28 6. The Secretary of Transportation;
29 7. The chair of the State Board of Education; and
30 8. The executive director of the Florida Solar Energy
31 Center.
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1 (2) Voting members shall serve without compensation,
2 but are entitled to reimbursement for per diem and travel
3 expenses as provided by s. 112.061, Florida Statutes.
4 Nonvoting members shall serve at the expense of the entity
5 they represent.
6 (3) The Governor shall select the chair. Meetings of
7 the commission shall be held in various locations around the
8 state and at the call of the chair; however, the commission
9 must meet at least twice each year.
10 (4)(a) The commission may employ staff to assist in
11 the performance of its duties, including an executive
12 director, an attorney, a communications person, and an
13 executive assistant. The commission may also appoint technical
14 advisory committees to focus on specific topics within its
15 charge.
16 (b) Agencies whose heads serve as nonvoting members
17 shall supply staff and resources as necessary to provide
18 information needed by the commission.
19 (c) The commission may appoint focus groups to
20 consider specific issues.
21 (5) The commission shall develop recommendations for a
22 state energy policy and shall address the issues set forth in
23 subsections (7), (8), and (9). The recommendations of the
24 commission shall be based on the guiding principles of
25 reliability, efficiency, affordability, and diversity, and the
26 commission shall manage the state energy policy by continually
27 reviewing the implementation of its recommendations and shall
28 recommend to the Legislature any additional necessary changes
29 or improvements. The commission shall also perform other
30 duties as set forth in general law.
31 (6) The commission shall report by December 31 of each
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1 year to the Governor, the Cabinet, the President of the
2 Senate, and the Speaker of the House of Representatives on its
3 progress and recommendations, including draft legislation. The
4 commission's initial report must identify incentives for
5 research, development, or deployment projects involving the
6 goals and issues set forth in this section; set forth
7 recommendations for improvements to the electricity
8 transmission and distribution system; set forth the
9 appropriate test for the Florida Public Service Commission to
10 use in determining which energy efficiency programs are
11 cost-effective and should be implemented, together with the
12 rationale in selecting the test; and set forth a plan of
13 action, together with a timetable, for addressing the
14 remaining issues.
15 (7) In developing its recommendations, the commission
16 shall be guided by the principles of reliability, efficiency,
17 affordability, and diversity, and more specifically as
18 follows:
19 (a) The state should have a reliable electric supply,
20 with adequate reserves.
21 (b) The transmission and delivery of electricity
22 should be reliable.
23 (c) The generation, transmission, and delivery of
24 electricity should be accomplished with the least detriment to
25 the environment.
26 (d) The generation, transmission, and delivery of
27 electricity should be accomplished compatibly with the goals
28 for growth management.
29 (e) Electricity generation, transmission, and delivery
30 facilities should be reasonably secure from damage, taking all
31 factors into consideration, and recovery from damage should be
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1 prompt.
2 (f) Electric rates should be affordable, as to base
3 rates and all recovery-clause additions, with sufficient
4 incentives for utilities to achieve this goal.
5 (g) This state should have a reliable supply of motor
6 vehicle fuels, both under normal circumstances and during
7 hurricanes and other emergency situations.
8 (h) In-state research, development, and deployment of
9 alternative energy technologies and alternative motor vehicle
10 fuels should be encouraged.
11 (i) When possible, the resources of this state should
12 be used in achieving these goals.
13 (j) Consumers of energy should be encouraged and given
14 incentives to be more efficient in their use of energy.
15
16 In choosing between conflicting or competing goals, the
17 commission shall balance the projected benefits of affordable,
18 reliable energy supplies against detrimental cost and
19 environmental impacts and recommend the best solution, with a
20 complete and detailed explanation of the factors considered
21 and the rationale for the decision.
22 (8) The commission shall develop policy
23 recommendations concerning the following issues relating to
24 electric energy:
25 (a) Are the current projections for growth in
26 population and electricity demand and corresponding projected
27 increases in capacity sufficient to meet needs?
28 (b) With respect to fossil fuels:
29 1. What are the projections for the availability and
30 the cost of fossil fuels used to generate electricity?
31 2. Can and should this state reduce its reliance on
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1 domestic or foreign petroleum products?
2 3. What, if anything, should be done to improve fuel
3 supplies during normal conditions and in emergencies?
4 4. What, if anything, should be done to encourage
5 additional methods and routes of fuel delivery?
6 5. Should this state seek redundant natural gas
7 pipelines in order to have a safety net?
8 6. What other improvements, if any, should be made to
9 methods of fuel delivery?
10 7. What, if anything, should be done to increase
11 in-state storage of coal and natural gas?
12 8. Would additional coal plants be beneficial, and if
13 so, what should be done to encourage the construction of such
14 plants?
15 (c) With respect to fuel diversity and alternative
16 energy technology:
17 1. What role does fuel diversity play in maximizing
18 reliability and minimizing costs?
19 2. Would additional nuclear plants be beneficial, and
20 if so, what should be done to encourage the construction of
21 such plants?
22 3. What alternative energy technologies are available
23 and technically and economically feasible in this state and
24 what, if anything, should be done to encourage the use of
25 these resources?
26 (d) With respect to the environmental effects of
27 fossil fuels, alternative fuels, and alternative technologies:
28 1. What types and levels of pollution are involved
29 with each type of fuel and technology?
30 2. Can the pollution be avoided or reduced, and if so,
31 what are the costs?
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1 3. Should the Legislature enact pollution standards,
2 and if so, should they be fuel-specific or a more general
3 pollution-portfolio standard that applies to all types of
4 fuels and technologies?
5 4. What, if anything, should the state do to reduce
6 carbon emissions, taking into consideration what the federal
7 government and other states are doing?
8 5. How do these issues affect fuel and generation
9 choices?
10 (e) With respect to demand-side management and
11 efficiency:
12 1. What role, if any, should demand-side management
13 and efficiency play in meeting electric needs?
14 2. What, if anything, should be done to improve
15 demand-side management and efficiency of electricity?
16 3. What state entity should be involved in encouraging
17 and monitoring demand-side management and efficiency?
18 4. What technology, if any, should be used to
19 encourage advanced metering systems and innovative price
20 signals?
21 5. What can the state do as a consumer of energy to
22 decrease its use of energy and to be more efficient in its use
23 of energy?
24 6. What is the appropriate test for the Florida Public
25 Service Commission to use in determining which energy
26 efficiency programs are cost-effective and should be
27 implemented?
28 (f) With respect to transmission and distribution
29 facilities:
30 1. What, if anything, should be done to generally
31 improve the siting of transmission and distribution lines?
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1 2. What technology, if any, should be used to make
2 transmission and distribution more efficient?
3 3. Should multiple electric lines be located together
4 to minimize the effect on property or located separately to
5 increase reliability?
6 4. What are the projections for hurricanes?
7 5. What, if anything, should be done to strengthen or
8 harden transmission facilities or otherwise improve their
9 security and reliability?
10 6. How do fuel and technology choices affect planning
11 for and recovering from hurricanes?
12 7. Should distributed generation be considered as part
13 of the solution for reliability or for the purpose of avoiding
14 additional transmission or generation?
15 8. What types of threats to the electric system, other
16 than hurricanes, should be taken into consideration in this
17 planning?
18 (g) With respect to energy and growth management:
19 1. How can the state best provide adequate energy
20 facilities for existing populations?
21 2. How can the state best provide for compatible goals
22 and laws for future energy and growth-management needs?
23 3. How should issues of restoring energy supplies
24 after a hurricane or other emergency affect growth management
25 and local government goals and laws?
26 4. What changes, if any, should be made to where
27 energy generation, transmission, and distribution facilities
28 are sited, and what changes, if any, should be made to how
29 strategic or essential service facilities are sited relative
30 to those energy supplies?
31 (h) In making all these choices, what, if anything,
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1 should be done to avoid or minimize price increases in base
2 rates or recovery clauses for consumers?
3 (i) With respect to research, development, and
4 deployment of new or alternative energy technologies:
5 1. What, if anything, should be done to encourage
6 in-state energy research, both public and private?
7 2. If encouragement of research is appropriate, what
8 types of research should be encouraged?
9 3. What, if anything, should be done to encourage
10 universities, other state entities, and the private sector to
11 work together in the research, development, and deployment of
12 alternative energy technology, without creating an economic
13 disincentive for any entity?
14 4. What, if anything, should be done in terms of
15 recruiting companies operating in the energy fields to
16 relocate to this state?
17 5. What, if anything, should be done to provide
18 funding or assist in obtaining funding for research or for
19 energy companies in order to further in-state research and the
20 development of energy technologies?
21 6. What state entities should be involved in these
22 functions?
23 7. What are the potential effects of these issues and
24 choices on tourism, agriculture, small businesses, and
25 industry in the state?
26 (9) The commission shall develop policy
27 recommendations concerning the following issues relating to
28 motor vehicle fuels:
29 (a) With respect to fossil fuels:
30 1. What are the projections for the availability and
31 cost of motor vehicle fossil fuel?
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1 2. What, if anything, should be done to increase the
2 availability of motor vehicle fossil fuels in this state
3 during normal circumstances and during hurricanes or other
4 emergencies?
5 3. What, if anything, should be done to improve the
6 delivery of fuel into the state?
7 4. What, if anything, should be done relative to
8 ports? What, if anything, should be done to improve port
9 deliveries? What, if anything, should be done to improve the
10 capacity and service at existing ports or to open more ports?
11 5. What, if anything, should be done to encourage
12 pipelines?
13 6. What, if anything, should be done to improve the
14 security of and access to in-state supplies?
15 7. What improvements, if any, should be made relating
16 to the in-state storage of motor vehicle fuels?
17 8. What else, if anything, should be done to avoid or
18 ameliorate shortages and price increases?
19 (b) With respect to alternatives to fossil fuels for
20 motor vehicles:
21 1. What, if anything, should be done to encourage the
22 use of alternative fuels?
23 2. What, if anything, should be done to produce fuels
24 within this state and to maximize the state's resources?
25 3. What facilities for fuel distribution and sales
26 would be necessary, and what, if anything, should be done to
27 encourage the development of these facilities?
28 4. What effect would these alternatives have on the
29 recovery from hurricanes or other emergencies?
30 5. What can the state do as a consumer of motor
31 vehicle fuels to decrease its use of such fuels and to be more
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1 efficient in its use of fuels?
2 (c) What can be done to maximize the compatibility of
3 any system changes and growth-management goals and laws?
4 (d) With respect to the research, development, and
5 deployment of alternative fuels:
6 1. What, if anything, should be done to encourage
7 in-state research, both public and private?
8 3. What, if anything, should be done to encourage
9 universities to work together, with other state entities, and
10 with the private sector in the research, development, and
11 deployment of alternative fuels, without creating any
12 disincentive for any entity?
13 4. What, if anything, should be done to recruit or
14 encourage companies working with alternative fuels to locate
15 in this state?
16 5. What, if anything, should be done to provide
17 funding or assist in obtaining funding for universities, state
18 entities, or the private sector in order to encourage in-state
19 research and development of energy technologies relating to
20 motor vehicles?
21 6. What state entities should be involved in these
22 functions?
23 7. What are the potential effects of these issues and
24 choices on tourism, agriculture, small business, and industry
25 in the state?
26 Section 2. The state energy program, as authorized and
27 governed by ss. 377.701 and 377.703, Florida Statutes,
28 including all statutory powers, duties, functions, rules,
29 records, personnel, property, and unexpended balances of
30 appropriations, allocations, and other funds associated with
31 the program, is transferred intact by a type two transfer, as
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1 defined in s. 20.06(2), Florida Statutes, from the Department
2 of Environmental Protection to the Florida Energy Commission.
3 Section 3. Legislative findings and intent.--The
4 Legislature finds that advancing the development of renewable
5 energy technologies and energy efficiency is important for the
6 state's future, its energy stability, and the protection of
7 its citizens' public health and its environment. The
8 Legislature finds that the development of renewable energy
9 technologies and energy efficiency in the state will help to
10 reduce demand for foreign fuels, promote energy diversity,
11 enhance system reliability, reduce pollution, educate the
12 public on the promise of renewable energy technologies, and
13 promote economic growth. The Legislature finds that there is a
14 need to assist in the development of market demand that will
15 advance the commercialization and widespread application of
16 renewable energy technologies. The Legislature further finds
17 that the state is ideally positioned to stimulate economic
18 development through such renewable energy technologies due to
19 its ongoing and successful research and development track
20 record in these areas, an abundance of natural and renewable
21 energy sources, an ability to attract significant federal
22 research and development funds, and the need to find and
23 secure renewable energy technologies for the benefit of its
24 citizens, visitors, and environment.
25 Section 4. Section 377.801, Florida Statutes, is
26 created to read:
27 377.801 Short title.--Sections 377.801-377.806 may be
28 cited as the "Florida Renewable Energy Technologies and Energy
29 Efficiency Act."
30 Section 5. Section 377.802, Florida Statutes, is
31 created to read:
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1 377.802 Purpose.--This act is intended to provide
2 matching grants to stimulate capital investment in the state
3 and to enhance the market for and promote the statewide
4 utilization of renewable energy technologies. The targeted
5 grants program is designed to advance the already growing
6 establishment of renewable energy technologies in the state
7 and encourage the use of other incentives such as tax
8 exemptions and regulatory certainty to attract additional
9 renewable energy technology producers, developers, and users
10 to the state. This act is also intended to provide rebates for
11 energy efficient appliances and for solar energy equipment
12 installations for residential and commercial buildings.
13 Section 6. Section 377.803, Florida Statutes, is
14 created to read:
15 377.803 Definitions.--As used in this act, the term:
16 (1) "Act" means the Florida Renewable Energy
17 Technologies and Energy Efficiency Act.
18 (2) "Department" means the Department of Environmental
19 Protection.
20 (3) "Energy Star qualified appliance" means a
21 refrigerator, residential model clothes washer including a
22 residential style coin operated clothes washer, or dishwasher
23 that has been designated by the United States Environmental
24 Protection Agency and the United States Department of Energy
25 as meeting or exceeding the energy saving efficiency
26 requirements under each agency's Energy Star program.
27 (4) "Person" means an individual, partnership, joint
28 venture, private or public corporation, association, firm,
29 public service company, or any other public or private entity.
30 (5) "Renewable energy" means renewable energy as
31 defined in s. 366.91.
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1 (6) "Renewable energy technology" means any technology
2 that generates or utilizes a renewable energy resource.
3 (7) "Solar energy system" means equipment that
4 provides for the collection and use of incident solar energy
5 for water heating, space heating or cooling, or other
6 applications that require a conventional source of energy such
7 as petroleum products, natural gas, or electricity and that
8 performs primarily with solar energy. In other systems in
9 which solar energy is used in a supplemental way, only those
10 components which collect and transfer solar energy shall be
11 included in this definition. The term "solar energy system"
12 does not include a swimming pool heater.
13 (8) "Solar photovoltaic system" means a device that
14 converts incident sunlight into electrical current.
15 (9) "Solar thermal system" means a device that traps
16 heat from incident sunlight in order to heat water.
17 Section 7. Section 377.804, Florida Statutes, is
18 created to read:
19 377.804 Renewable Energy Technologies Grants
20 Program.--
21 (1) The Renewable Energy Technologies Grants Program
22 is established within the department to provide renewable
23 energy matching grants for demonstration, commercialization,
24 research, and development projects relating to renewable
25 energy technologies.
26 (2) Matching grants for renewable energy technology
27 demonstration, commercialization, research, and development
28 projects may be made to any of the following:
29 (a) Municipalities and county governments.
30 (b) Established for-profit companies licensed to do
31 business in the state.
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1 (c) Universities and colleges.
2 (d) Utilities located and operating within the state.
3 (e) Not-for-profit organizations.
4 (f) Other qualified persons, as determined by the
5 department.
6 (3) The department may adopt rules pursuant to ss.
7 120.536(1) and 120.54 to administer the awarding of grants
8 under this program.
9 (4) Factors the department shall consider in awarding
10 grants include, but are not limited to:
11 (a) The degree to which the project stimulates
12 in-state capital investment and economic development in
13 metropolitan and rural areas, including the creation of jobs
14 and the future development of a commercial market for
15 renewable energy technologies.
16 (b) The extent to which the proposed project has been
17 demonstrated to be technically feasible based on pilot project
18 demonstrations, laboratory testing, scientific modeling, or
19 engineering or chemical theory which supports the proposal.
20 (c) The degree to which the project incorporates an
21 innovative new technology or an innovative application of an
22 existing technology.
23 (d) The degree to which a project generates thermal,
24 mechanical, or electrical energy by means of a renewable
25 energy resource that has substantial long-term production
26 potential.
27 (e) The degree to which a project demonstrates
28 efficient use of energy and material resources.
29 (f) The degree to which the project fosters overall
30 understanding and appreciation of renewable energy
31 technologies.
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1 (g) The availability of matching funds from an
2 applicant.
3 (h) Other in-kind contributions applied to the total
4 project.
5 (i) The ability to administer a complete project.
6 (j) Project duration and timeline for expenditures.
7 (k) The geographic area in which the project is to be
8 conducted in relation to other projects.
9 (l) The degree of public visibility and interaction.
10 Section 8. Section 377.805, Florida Statutes, is
11 created to read:
12 377.805 Energy Efficient Appliance Rebate Program.--
13 (1) The Energy Efficient Appliances Rebate Program is
14 established within the department to provide for financial
15 incentives for the purchase of Energy Star qualified
16 appliances as specified in this section.
17 (2) Any resident of the state who purchases a new
18 Energy Star qualified appliance from July 1, 2006, through
19 June 30, 2010, from a retail store in the state is eligible
20 for a rebate of a portion of the purchase price of that Energy
21 Star qualified appliance.
22 (3) The department shall adopt rules pursuant to ss.
23 120.536(1) and 120.54 to designate rebate amounts and
24 administer the issuance of rebates. The department's rules may
25 include separate incentives for low-income families to
26 purchase Energy Star qualified appliances.
27 (4) Application for a rebate must be made within 90
28 days after the purchase of the Energy Star qualified
29 appliance.
30 (5) A person is limited to one rebate per type of
31 appliance per year.
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1 (6) The total dollar amount of all rebates issued by
2 the department is subject to the total amount of
3 appropriations in any fiscal year for this program. If funds
4 are insufficient during the current fiscal year, any requests
5 for rebates received during that fiscal year may be processed
6 during the following fiscal year.
7 (7) The department shall determine and publish on a
8 regular basis the amount of rebate funds remaining in each
9 fiscal year.
10 Section 9. Section 377.806, Florida Statutes, is
11 created to read:
12 377.806 Solar Energy System Rebate Program.--
13 (1) The Solar Energy System Rebate Program is
14 established within the department to provide for financial
15 incentives for the purchase of solar energy systems.
16 (2) Any person who is a resident of this state and who
17 purchases a new solar energy system from July 1, 2006, through
18 June 30, 2010, of 2 kilowatts or larger for a solar
19 photovoltaic system, or a solar energy system that provides at
20 least 50 percent of a building's hot water consumption for a
21 solar thermal system and has the system installed by a
22 certified solar contractor, is eligible for a rebate.
23 (3) The department shall adopt rules pursuant to ss.
24 120.536(1) and 120.54 to designate rebate amounts and
25 administer the issuance of rebates.
26 (4) Application for a rebate must be made within 90
27 days after the purchase of the solar energy equipment.
28 (5) Rebates are limited to two per person.
29 (6) The total dollar amount of all rebates issued by
30 the department is subject to the total amount of
31 appropriations in any fiscal year for this program. If funds
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1 are insufficient during the current fiscal year, any requests
2 for rebates received during that fiscal year may be processed
3 during the following fiscal year.
4 (7) The department shall determine and publish on a
5 regular basis the amount of rebate funds remaining in each
6 fiscal year.
7 Section 10. Paragraph (ccc) is added to subsection (7)
8 of section 212.08, Florida Statutes, to read:
9 212.08 Sales, rental, use, consumption, distribution,
10 and storage tax; specified exemptions.--The sale at retail,
11 the rental, the use, the consumption, the distribution, and
12 the storage to be used or consumed in this state of the
13 following are hereby specifically exempt from the tax imposed
14 by this chapter.
15 (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to
16 any entity by this chapter do not inure to any transaction
17 that is otherwise taxable under this chapter when payment is
18 made by a representative or employee of the entity by any
19 means, including, but not limited to, cash, check, or credit
20 card, even when that representative or employee is
21 subsequently reimbursed by the entity. In addition, exemptions
22 provided to any entity by this subsection do not inure to any
23 transaction that is otherwise taxable under this chapter
24 unless the entity has obtained a sales tax exemption
25 certificate from the department or the entity obtains or
26 provides other documentation as required by the department.
27 Eligible purchases or leases made with such a certificate must
28 be in strict compliance with this subsection and departmental
29 rules, and any person who makes an exempt purchase with a
30 certificate that is not in strict compliance with this
31 subsection and the rules is liable for and shall pay the tax.
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1 The department may adopt rules to administer this subsection.
2 (ccc) Equipment, machinery, and other materials for
3 renewable energy technologies.--
4 1. Definitions.--As used in this paragraph, the term:
5 a. "Biodiesel" means a fuel comprised of mono-alkyl
6 esters of long-chain fatty acids derived from vegetable oils
7 or animal fats meeting the requirements of American Society
8 for Testing and Materials (ASTM) standard D6751. Biodiesel may
9 refer to a blend of biodiesel fuel meeting the ASTM standard
10 D6751 with petroleum-based diesel fuel, designated BXX, where
11 XX represents the volume percentage of biodiesel fuel in the
12 blend.
13 b. "Ethanol" means a high octane, liquid fuel produced
14 by the fermentation of plant sugars meeting the requirements
15 of ASTM standard D5798-99. Ethanol refers to a blend of
16 ethanol fuel meeting ASTM standard D5798-99 with
17 petroleum-based gasoline fuel, designated EXX, where XX
18 represents the volume percentage of ethanol fuel in the blend.
19 c. "Hydrogen fuel cells" means equipment using
20 hydrogen or a hydrogen rich fuel in an electrochemical process
21 to generate energy, electricity, or the transfer of heat.
22 2. The sale or use of the following is exempt from the
23 tax imposed by this chapter:
24 a. Hydrogen-powered vehicles, materials incorporated
25 into hydrogen-powered vehicles, and hydrogen-fueling stations,
26 up to $2 million each fiscal year.
27 b. Commercial stationary hydrogen fuel cells, up to $1
28 million each fiscal year.
29 c. Materials used in the distribution of biodiesel
30 (B10-B100) and ethanol (E10-E85), including fueling
31 infrastructure, transportation, and storage, up to $1 million
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1 each fiscal year.
2 3. The Department of Environmental Protection shall
3 provide to the department a list of items eligible for the
4 exemption.
5 4.a. The exemption shall be available to a purchaser
6 through a refund of previously paid taxes.
7 b. To be eligible to receive the exemption, a
8 purchaser shall file an application with the Department of
9 Environmental Protection. The application shall be developed
10 by the Department of Environmental Protection, in consultation
11 with the department, and shall require:
12 (I) The name and address of the person claiming the
13 refund.
14 (II) A specific description of the purchase for which
15 a refund is sought, including, when applicable, a serial
16 number or other permanent identification number.
17 (III) The sales invoice or other proof of purchase
18 showing the amount of sales tax paid, the date of purchase,
19 and the name and address of the sales tax dealer from whom the
20 property was purchased.
21 (IV) A sworn statement that the information provided
22 is accurate.
23 c. Within 30 days after receipt of an application, the
24 Department of Environmental Protection shall review the
25 application and shall notify the applicant of any
26 deficiencies. Upon receipt of a completed application, the
27 Department of Environmental Protection shall evaluate the
28 application for exemption and issue a written certification
29 that the applicant is eligible for a refund or issue a written
30 denial of such certification within 60 days. The Department of
31 Environmental Protection shall provide the department with a
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1 copy of each certification issued upon approval of an
2 application.
3 d. Each certified applicant shall be responsible for
4 forwarding a certified copy of the application and copies of
5 all required documentation to the department within 6 months
6 after certification by the Department of Environmental
7 Protection.
8 e. The provisions of s. 212.095 do not apply to any
9 refund application made pursuant to this paragraph. A refund
10 approved pursuant to this paragraph shall be made within 30
11 days after formal approval by the department.
12 f. The department shall adopt rules governing the
13 manner and form of refund applications and may establish
14 guidelines as to the requisites for an affirmative showing of
15 qualification for exemption under this paragraph.
16 g. The Department of Environmental Protection shall be
17 responsible for ensuring that the exemptions do not exceed the
18 limits provided in subparagraph 2.
19 5. The Department of Environmental Protection shall
20 determine and publish on a regular basis the amount of sales
21 tax funds remaining in each fiscal year.
22 6. This exemption is repealed July 1, 2010.
23 Section 11. Paragraph (y) is added to subsection (7)
24 of section 213.053, Florida Statutes, to read:
25 213.053 Confidentiality and information sharing.--
26 (7) Notwithstanding any other provision of this
27 section, the department may provide:
28 (y) Information relative to ss. 212.08(7)(ccc) and
29 220.192 to the Department of Environmental Protection for use
30 in the conduct of its official business.
31
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1 Disclosure of information under this subsection shall be
2 pursuant to a written agreement between the executive director
3 and the agency. Such agencies, governmental or
4 nongovernmental, shall be bound by the same requirements of
5 confidentiality as the Department of Revenue. Breach of
6 confidentiality is a misdemeanor of the first degree,
7 punishable as provided by s. 775.082 or s. 775.083.
8 Section 12. Subsection (8) of section 220.02, Florida
9 Statutes, is amended to read:
10 220.02 Legislative intent.--
11 (8) It is the intent of the Legislature that credits
12 against either the corporate income tax or the franchise tax
13 be applied in the following order: those enumerated in s.
14 631.828, those enumerated in s. 220.191, those enumerated in
15 s. 220.181, those enumerated in s. 220.183, those enumerated
16 in s. 220.182, those enumerated in s. 220.1895, those
17 enumerated in s. 221.02, those enumerated in s. 220.184, those
18 enumerated in s. 220.186, those enumerated in s. 220.1845,
19 those enumerated in s. 220.19, those enumerated in s. 220.185,
20 and those enumerated in s. 220.187, and those enumerated in s.
21 220.192.
22 Section 13. Section 220.192, Florida Statutes, is
23 created to read:
24 220.192 Renewable energy technologies investment tax
25 credit.--
26 (1) DEFINITIONS.--For purposes of this section, the
27 term:
28 (a) "Biodiesel" means biodiesel as defined in s.
29 212.08(7)(ccc).
30 (b) "Eligible costs" means:
31 1. Seventy-five percent of all capital costs,
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1 operational and maintenance costs, and research and
2 development costs incurred between July 1, 2006, and June 30,
3 2010, up to $3 million per fiscal year, in connection with an
4 investment in hydrogen powered vehicles and hydrogen vehicle
5 fueling stations including, but not limited to, the costs of
6 constructing, installing, and equipping such technologies in
7 the state.
8 2. Seventy-five percent of all capital costs,
9 operational and maintenance costs, and research and
10 development costs incurred between July 1, 2006, and June 30,
11 2010, up to a limit of $1.5 million in connection with an
12 investment in commercial stationary hydrogen fuel cells
13 including, but not limited to, the costs of constructing,
14 installing, and equipping such technologies in the state.
15 3. Seventy-five percent of all capital costs,
16 operational and maintenance costs, and research and
17 development costs incurred between July 1, 2006, and June 30,
18 2010, up to a limit of $6.5 million per fiscal year, in
19 connection with an investment in the production and
20 distribution of biodiesel (B10-B100) and ethanol (E10-E85)
21 including, the costs of constructing, installing, and
22 equipping such technologies in the state.
23 (c) "Ethanol" means ethanol as defined in s.
24 212.08(7)(ccc).
25 (d) "Hydrogen fuel cell" means hydrogen fuel cell as
26 defined in s. 212.08(7)(ccc).
27 (2) TAX CREDIT.--For tax years beginning on or after
28 January 1, 2007, a credit against the tax imposed by this
29 chapter shall be granted in an amount equal to the eligible
30 costs. Credits may be used beginning January 1, 2007,
31 through December 31, 2013, after which the credit shall
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1 expire. If the credit is not fully used in any one tax year
2 because of insufficient tax liability on the part of the
3 corporation, the unused amount may be carried forward through
4 December 31, 2012, after which the credit carryover expires
5 and may not be used. A taxpayer that files a consolidated
6 return in this state as a member of an affiliated group under
7 s. 220.131(1) may be allowed the credit on a consolidated
8 return basis up to the amount of tax imposed upon the
9 consolidated group. Any eligible cost for which a credit is
10 claimed and which is deducted or otherwise reduces federal
11 taxable income shall be added back in computing adjusted
12 federal income under s. 220.13.
13 (3) APPLICATION PROCESS.--Any corporation wishing to
14 obtain tax credits available under this section must submit to
15 the Department of Environmental Protection an application for
16 tax credit that includes a complete description of all
17 eligible costs for which the corporation is seeking a credit
18 and a description of the total amount of credits sought. The
19 Department of Environmental Protection shall make a
20 determination on the eligibility of the applicant for the
21 credits sought and certify the determination to the applicant
22 and the Department of Revenue. The corporation must attach the
23 Department of Environmental Protection's certification to the
24 tax return on which the credit is claimed. The Department of
25 Environmental Protection is authorized to adopt the necessary
26 rules, guidelines, and application materials for the
27 application process.
28 (4) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
29 CREDITS.--
30 (a) In addition to its existing audit and
31 investigation authority, the Department of Revenue may perform
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1 any additional financial and technical audits and
2 investigations, including examining the accounts, books, and
3 records of the tax credit applicant, that are necessary to
4 verify the eligible costs included in the tax credit return
5 and to ensure compliance with this section. The Department of
6 Environmental Protection shall provide technical assistance
7 when requested by the Department of Revenue on any technical
8 audits or examinations performed pursuant to this section.
9 (b) It is grounds for forfeiture of previously claimed
10 and received tax credits if the Department of Revenue
11 determines, as a result of either an audit or examination or
12 from information received from the Department of Environmental
13 Protection, that a taxpayer received tax credits pursuant to
14 this section to which the taxpayer was not entitled. The
15 taxpayer is responsible for returning forfeited tax credits to
16 the Department of Revenue, and such funds shall be paid into
17 the General Revenue Fund of the state.
18 (c) The Department of Environmental Protection may
19 revoke or modify any written decision granting eligibility for
20 tax credits under this section if it is discovered that the
21 tax credit applicant submitted any false statement,
22 representation, or certification in any application, record,
23 report, plan, or other document filed in an attempt to receive
24 tax credits under this section. The Department of
25 Environmental Protection shall immediately notify the
26 Department of Revenue of any revoked or modified orders
27 affecting previously granted tax credits. Additionally, the
28 taxpayer must notify the Department of Revenue of any change
29 in its tax credit claimed.
30 (d) The taxpayer shall file with the Department of
31 Revenue an amended return or such other report as the
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1 Department of Revenue prescribes by rule and shall pay any
2 required tax and interest within 60 days after the taxpayer
3 receives notification from the Department of Environmental
4 Protection that previously approved tax credits have been
5 revoked or modified. If the revocation or modification order
6 is contested, the taxpayer shall file as provided in this
7 paragraph within 60 days after a final order is issued
8 following proceedings.
9 (e) A notice of deficiency may be issued by the
10 Department of Revenue at any time within 3 years after the
11 taxpayer receives formal notification from the Department of
12 Environmental Protection that previously approved tax credits
13 have been revoked or modified. If a taxpayer fails to notify
14 the Department of Revenue of any changes to its tax credit
15 claimed, a notice of deficiency may be issued at any time.
16 (5) RULES.--The Department of Revenue shall have the
17 authority to adopt rules relating to the forms required to
18 claim a tax credit under this section, the requirements and
19 basis for establishing an entitlement to a credit, and the
20 examination and audit procedures required to administer this
21 section.
22 (6) PUBLICATION.--The Department of Environmental
23 Protection shall determine and publish on a regular basis the
24 amount of available tax credits remaining in each fiscal year.
25 (7) REPEAL.--The provisions of this section, except
26 the credit carryover provisions provided in subsection (2),
27 are repealed on July 1, 2010.
28 Section 14. Paragraph (a) of subsection (1) of section
29 220.13, Florida Statutes, is amended to read:
30 220.13 "Adjusted federal income" defined.--
31 (1) The term "adjusted federal income" means an amount
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1 equal to the taxpayer's taxable income as defined in
2 subsection (2), or such taxable income of more than one
3 taxpayer as provided in s. 220.131, for the taxable year,
4 adjusted as follows:
5 (a) Additions.--There shall be added to such taxable
6 income:
7 1. The amount of any tax upon or measured by income,
8 excluding taxes based on gross receipts or revenues, paid or
9 accrued as a liability to the District of Columbia or any
10 state of the United States which is deductible from gross
11 income in the computation of taxable income for the taxable
12 year.
13 2. The amount of interest which is excluded from
14 taxable income under s. 103(a) of the Internal Revenue Code or
15 any other federal law, less the associated expenses disallowed
16 in the computation of taxable income under s. 265 of the
17 Internal Revenue Code or any other law, excluding 60 percent
18 of any amounts included in alternative minimum taxable income,
19 as defined in s. 55(b)(2) of the Internal Revenue Code, if the
20 taxpayer pays tax under s. 220.11(3).
21 3. In the case of a regulated investment company or
22 real estate investment trust, an amount equal to the excess of
23 the net long-term capital gain for the taxable year over the
24 amount of the capital gain dividends attributable to the
25 taxable year.
26 4. That portion of the wages or salaries paid or
27 incurred for the taxable year which is equal to the amount of
28 the credit allowable for the taxable year under s. 220.181.
29 The provisions of this subparagraph shall expire and be void
30 on June 30, 2005.
31 5. That portion of the ad valorem school taxes paid or
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1 incurred for the taxable year which is equal to the amount of
2 the credit allowable for the taxable year under s. 220.182.
3 The provisions of this subparagraph shall expire and be void
4 on June 30, 2005.
5 6. The amount of emergency excise tax paid or accrued
6 as a liability to this state under chapter 221 which tax is
7 deductible from gross income in the computation of taxable
8 income for the taxable year.
9 7. That portion of assessments to fund a guaranty
10 association incurred for the taxable year which is equal to
11 the amount of the credit allowable for the taxable year.
12 8. In the case of a nonprofit corporation which holds
13 a pari-mutuel permit and which is exempt from federal income
14 tax as a farmers' cooperative, an amount equal to the excess
15 of the gross income attributable to the pari-mutuel operations
16 over the attributable expenses for the taxable year.
17 9. The amount taken as a credit for the taxable year
18 under s. 220.1895.
19 10. Up to nine percent of the eligible basis of any
20 designated project which is equal to the credit allowable for
21 the taxable year under s. 220.185.
22 11. The amount taken as a credit for the taxable year
23 under s. 220.187.
24 12. The amount taken as a credit for the taxable year
25 under s. 220.192.
26 Section 15. Subsection (2) of section 186.801, Florida
27 Statutes, is amended to read:
28 186.801 Ten-year site plans.--
29 (2) Within 9 months after the receipt of the proposed
30 plan, the commission shall make a preliminary study of such
31 plan and classify it as "suitable" or "unsuitable." The
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1 commission may suggest alternatives to the plan. All findings
2 of the commission shall be made available to the Department of
3 Environmental Protection for its consideration at any
4 subsequent electrical power plant site certification
5 proceedings. It is recognized that 10-year site plans
6 submitted by an electric utility are tentative information for
7 planning purposes only and may be amended at any time at the
8 discretion of the utility upon written notification to the
9 commission. A complete application for certification of an
10 electrical power plant site under chapter 403, when such site
11 is not designated in the current 10-year site plan of the
12 applicant, shall constitute an amendment to the 10-year site
13 plan. In its preliminary study of each 10-year site plan, the
14 commission shall consider such plan as a planning document and
15 shall review:
16 (a) The need, including the need as determined by the
17 commission, for electrical power in the area to be served.
18 (b) The effect on fuel diversity within the state.
19 (c)(b) The anticipated environmental impact of each
20 proposed electrical power plant site.
21 (d)(c) Possible alternatives to the proposed plan.
22 (e)(d) The views of appropriate local, state, and
23 federal agencies, including the views of the appropriate water
24 management district as to the availability of water and its
25 recommendation as to the use by the proposed plant of salt
26 water or fresh water for cooling purposes.
27 (f)(e) The extent to which the plan is consistent with
28 the state comprehensive plan.
29 (g)(f) The plan with respect to the information of the
30 state on energy availability and consumption.
31 Section 16. Subsection (6) of section 366.04, Florida
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1 Statutes, is amended to read:
2 366.04 Jurisdiction of commission.--
3 (6) The commission shall further have exclusive
4 jurisdiction to prescribe and enforce safety standards for
5 transmission and distribution facilities of all public
6 electric utilities, cooperatives organized under the Rural
7 Electric Cooperative Law, and electric utilities owned and
8 operated by municipalities. In adopting safety standards, the
9 commission shall, at a minimum:
10 (a) Adopt the 1984 edition of the National Electrical
11 Safety Code (ANSI C2) as initial standards; and
12 (b) Adopt, after review, any new edition of the
13 National Electrical Safety Code (ANSI C2).
14
15 The standards prescribed by the current 1984 edition of the
16 National Electrical Safety Code (ANSI C2) shall constitute
17 acceptable and adequate requirements for the protection of the
18 safety of the public, and compliance with the minimum
19 requirements of that code shall constitute good engineering
20 practice by the utilities. The administrative authority
21 referred to in the 1984 edition of the National Electrical
22 Safety Code is the commission. However, nothing herein shall
23 be construed as superseding, repealing, or amending the
24 provisions of s. 403.523(1) and (10).
25 Section 17. Subsections (1) and (8) of section 366.05,
26 Florida Statutes, are amended to read:
27 366.05 Powers.--
28 (1) In the exercise of such jurisdiction, the
29 commission shall have power to prescribe fair and reasonable
30 rates and charges, classifications, standards of quality and
31 measurements, including the ability to adopt construction
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1 standards that exceed the National Electrical Safety Code, for
2 purposes of ensuring the reliable provision of service and
3 service rules and regulations to be observed by each public
4 utility; to require repairs, improvements, additions,
5 replacements, and extensions to the plant and equipment of any
6 public utility when reasonably necessary to promote the
7 convenience and welfare of the public and secure adequate
8 service or facilities for those reasonably entitled thereto;
9 to employ and fix the compensation for such examiners and
10 technical, legal, and clerical employees as it deems necessary
11 to carry out the provisions of this chapter; and to adopt
12 rules pursuant to ss. 120.536(1) and 120.54 to implement and
13 enforce the provisions of this chapter.
14 (8) If the commission determines that there is
15 probable cause to believe that inadequacies exist with respect
16 to the energy grids developed by the electric utility
17 industry, including inadequacies in fuel diversity or fuel
18 supply reliability, it shall have the power, after proceedings
19 as provided by law, and after a finding that mutual benefits
20 will accrue to the electric utilities involved, to require
21 installation or repair of necessary facilities, including
22 generating plants, and transmission, and distribution
23 facilities, with the costs to be distributed in proportion to
24 the benefits received, and to take all necessary steps to
25 ensure compliance. The electric utilities involved in any
26 action taken or orders issued pursuant to this subsection
27 shall have full power and authority, notwithstanding any
28 general or special laws to the contrary, to jointly plan,
29 finance, build, operate, or lease generating and transmission
30 facilities and shall be further authorized to exercise the
31 powers granted to corporations in chapter 361. This subsection
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1 shall not supersede or control any provision of the Florida
2 Electrical Power Plant Siting Act, ss. 403.501-403.518.
3 Section 18. Subsections (5), (8), (9), (12), and (27)
4 of section 403.503, Florida Statutes, are amended, subsections
5 (16) through (28) are renumbered as (17) through (29),
6 respectively, and new subsection (16) is added to that
7 section, to read:
8 403.503 Definitions relating to Florida Electrical
9 Power Plant Siting Act.--As used in this act:
10 (5) "Application" means the documents required by the
11 department to be filed to initiate a certification review and
12 evaluation, including the initial document filing, amendments,
13 and responses to requests from the department for additional
14 data and information proceeding and shall include the
15 documents necessary for the department to render a decision on
16 any permit required pursuant to any federally delegated or
17 approved permit program.
18 (8) "Completeness" means that the application has
19 addressed all applicable sections of the prescribed
20 application format, and but does not mean that those sections
21 are sufficient in comprehensiveness of data or in quality of
22 information provided to allow the department to determine
23 whether the application provides the reviewing agencies
24 adequate information to prepare the reports required by s.
25 403.507.
26 (9) "Corridor" means the proposed area within which an
27 associated linear facility right-of-way is to be located. The
28 width of the corridor proposed for certification as an
29 associated facility, at the option of the licensee applicant,
30 may be the width of the right-of-way or a wider boundary, not
31 to exceed a width of 1 mile. The area within the corridor in
32
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1 which a right-of-way may be located may be further restricted
2 by a condition of certification. After all property interests
3 required for the right-of-way have been acquired by the
4 licensee applicant, the boundaries of the area certified shall
5 narrow to only that land within the boundaries of the
6 right-of-way.
7 (12) "Electrical power plant" means, for the purpose
8 of certification, any steam or solar electrical generating
9 facility using any process or fuel, including nuclear
10 materials, except that this term does not include any steam or
11 solar electric generating facility of less than 75 megawatts
12 in capacity unless the applicant for such a facility elects to
13 apply for certification under this act. This term and includes
14 associated facilities which directly support the construction
15 and operation of the electrical power plant such as fuel
16 unloading facilities, pipelines necessary for transporting
17 fuel for the operation of the facility or other fuel
18 transportation facilities, water or wastewater transport
19 pipelines, construction, maintenance and access roads, railway
20 lines necessary for transport of construction equipment or
21 fuel for the operation of the facility, and those associated
22 transmission lines which connect the electrical power plant to
23 an existing transmission network or rights-of-way to which the
24 licensee applicant intends to connect, except that this term
25 does not include any steam or solar electrical generating
26 facility of less than 75 megawatts in capacity unless the
27 applicant for such a facility elects to apply for
28 certification under this act. An associated transmission line
29 may include, at the licensee's applicant's option, any
30 proposed terminal or intermediate substations or substation
31 expansions connected to the associated transmission line.
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1 (16) "Licensee" means an applicant that has obtained a
2 certification order for the subject project.
3 (28)(27) "Ultimate site capacity" means the maximum
4 generating capacity for a site as certified by the board.
5 "Sufficiency" means that the application is not only complete
6 but that all sections are sufficient in the comprehensiveness
7 of data or in the quality of information provided to allow the
8 department to determine whether the application provides the
9 reviewing agencies adequate information to prepare the reports
10 required by s. 403.507.
11 Section 19. Subsections (1), (7), (9), and (10) of
12 section 403.504, Florida Statutes, are amended, and new
13 subsections (9), (10), (11), and (12) are added to that
14 section, to read:
15 403.504 Department of Environmental Protection; powers
16 and duties enumerated.--The department shall have the
17 following powers and duties in relation to this act:
18 (1) To adopt rules pursuant to ss. 120.536(1) and
19 120.54 to implement the provisions of this act, including
20 rules setting forth environmental precautions to be followed
21 in relation to the location, construction, and operation of
22 electrical power plants.
23 (7) To conduct studies and prepare a project written
24 analysis under s. 403.507.
25 (9) To issue final orders after receipt of the
26 administrative law judge's order relinquishing jurisdiction
27 pursuant to s. 403.508(6).
28 (10) To act as clerk for the siting board.
29 (11) To administer and manage the terms and conditions
30 of the certification order and supporting documents and
31 records for the life of the facility.
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1 (12) To issue emergency orders on behalf of the board
2 for facilities licensed under this act.
3 (9) To notify all affected agencies of the filing of a
4 notice of intent within 15 days after receipt of the notice.
5 (10) To issue, with the electrical power plant
6 certification, any license required pursuant to any federally
7 delegated or approved permit program.
8 Section 20. Section 403.5055, Florida Statutes, is
9 amended to read:
10 403.5055 Application for permits pursuant to s.
11 403.0885.--In processing applications for permits pursuant to
12 s. 403.0885 that are associated with applications for
13 electrical power plant certification:
14 (1) The procedural requirements set forth in 40 C.F.R.
15 s. 123.25, including public notice, public comments, and
16 public hearings, shall be closely coordinated with the
17 certification process established under this part. In the
18 event of a conflict between the certification process and
19 federally required procedures for NPDES permit issuance, the
20 applicable federal requirements shall control.
21 (2) The department's proposed action pursuant to 40
22 C.F.R. s. 124.6, including any draft NPDES permit (containing
23 the information required under 40 C.F.R. s. 124.6(d)), shall
24 within 130 days after the submittal of a complete application
25 be publicly noticed and transmitted to the United States
26 Environmental Protection Agency for its review pursuant to 33
27 U.S.C. s. 1342(d).
28 (3) The department shall include in its written
29 analysis pursuant to s. 403.507(3) copies of the department's
30 proposed action pursuant to 40 C.F.R. s. 124.6 on any
31 application for a NPDES permit; any corresponding comments
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1 received from the United States Environmental Protection
2 Agency, the applicant, or the general public; and the
3 department's response to those comments.
4 (2)(4) The department shall not issue or deny the
5 permit pursuant to s. 403.0885 in advance of the issuance of
6 the electric power plant certification under this part unless
7 required to do so by the provisions of federal law. When
8 possible, any hearing on a permit issued pursuant to s.
9 403.0885, shall be conducted in conjunction with the
10 certification hearing held pursuant to this act. The
11 department's actions on an NPDES permit shall be based on the
12 record and recommended order of the certification hearing, if
13 the hearing on the NPDES was conducted in conjunction with the
14 certification hearing, and of any other proceeding held in
15 connection with the application for an NPDES permit, timely
16 public comments received with respect to the application, and
17 the provisions of federal law. The department's action on an
18 NPDES permit, if issued, shall differ from the actions taken
19 by the siting board regarding the certification order if
20 federal laws and regulations require different action to be
21 taken to ensure compliance with the Clean Water Act, as
22 amended, and implementing regulations. Nothing in this part
23 shall be construed to displace the department's authority as
24 the final permitting entity under the federally approved state
25 NPDES program. Nothing in this part shall be construed to
26 authorize the issuance of a state NPDES permit which does not
27 conform to the requirements of the federally approved state
28 NPDES program. The permit, if issued, shall be valid for no
29 more than 5 years.
30 (5) The department's action on an NPDES permit
31 renewal, if issued, shall differ from the actions taken by the
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1 siting board regarding the certification order if federal laws
2 and regulations require different action to be taken to ensure
3 compliance with the Clean Water Act, as amended, and
4 implementing regulations.
5 Section 21. Section 403.506, Florida Statutes, is
6 amended to read:
7 403.506 Applicability and certification.--
8 (1) The provisions of this act shall apply to any
9 electrical power plant as defined herein, except that the
10 provisions of this act shall not apply to any electrical power
11 plant or steam generating plant of less than 75 megawatts in
12 capacity or to any substation to be constructed as part of an
13 associated transmission line unless the applicant has elected
14 to apply for certification of such plant or substation under
15 this act. No construction of any new electrical power plant or
16 expansion in steam generating capacity as measured by an
17 increase in the maximum normal generator nameplate rating of
18 any existing electrical power plant may be undertaken after
19 October 1, 1973, without first obtaining certification in the
20 manner as herein provided, except that this act shall not
21 apply to any such electrical power plant which is presently
22 operating or under construction or which has, upon the
23 effective date of chapter 73-33, Laws of Florida, applied for
24 a permit or certification under requirements in force prior to
25 the effective date of such act.
26 (2) Except as provided in the certification,
27 modification of nonnuclear fuels, internal related hardware,
28 including increases in steam turbine efficiency, or operating
29 conditions not in conflict with certification which increase
30 the electrical output of a unit to no greater capacity than
31 the maximum operating capacity of the existing generator shall
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1 not constitute an alteration or addition to generating
2 capacity which requires certification pursuant to this act.
3 (3) The application for any related department license
4 which is required pursuant to any federally delegated or
5 approved permit program shall be processed within the time
6 periods allowed by this act, in lieu of those specified in s.
7 120.60. However, permits issued pursuant to s. 403.0885 shall
8 be processed in accordance with 40 C.F.R. part 123.
9 Section 22. Section 403.5064, Florida Statutes, is
10 amended to read:
11 403.5064 Distribution of application; schedules.--
12 (1) The formal date of certification application
13 filing and commencement of the certification review process
14 shall be when the applicant submits:
15 (a) Copies of the certification application as
16 prescribed by rule to the department and other agencies
17 identified in s. 403.507(2)(a).
18 (b) The application fee specified under s. 403.518 to
19 the department.
20 (2)(1) Within 7 days after the filing of an
21 application, the department shall provide to the applicant and
22 the Division of Administrative Hearings the names and
23 addresses of any additional those affected or other agencies
24 or persons entitled to notice and copies of the application
25 and any amendments.
26 (3) Any amendment to the application made prior to
27 certification shall be disposed of as part of the original
28 certification proceeding. Amendment of the application may be
29 considered good cause for alteration of time limits pursuant
30 to s. 403.5095.
31 (4)(2) Within 15 7 days after the application filing
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1 completeness has been determined, the department shall prepare
2 a proposed schedule of dates for determination of
3 completeness, submission of statements of issues,
4 determination of sufficiency, and submittal of final reports,
5 from affected and other agencies and other significant dates
6 to be followed during the certification process, including
7 dates for filing notices of appearance to be a party pursuant
8 to s. 403.508(3)(4). This schedule shall be timely provided by
9 the department to the applicant, the administrative law judge,
10 all agencies identified pursuant to subsection (2) (1), and
11 all parties. Within 7 days after the filing of this proposed
12 schedule, the administrative law judge shall issue an order
13 establishing a schedule for the matters addressed in the
14 department's proposed schedule and other appropriate matters,
15 if any.
16 (5)(3) Within 7 days after completeness has been
17 determined, the applicant shall distribute copies of the
18 application to all agencies identified by the department
19 pursuant to subsection (1). Copies of changes and amendments
20 to the application shall be timely distributed by the
21 applicant to all affected agencies and parties who have
22 received a copy of the application.
23 (6) Notice of the filing of the application shall be
24 published in accordance with the requirements of s. 403.5115.
25 Section 23. Section 403.5065, Florida Statutes, is
26 amended to read:
27 403.5065 Appointment of administrative law judge,
28 powers and duties.--
29 (1) Within 7 days after receipt of an application,
30 whether complete or not, the department shall request the
31 Division of Administrative Hearings to designate an
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1 administrative law judge to conduct the hearings required by
2 this act. The division director shall designate an
3 administrative law judge within 7 days after receipt of the
4 request from the department. In designating an administrative
5 law judge for this purpose, the division director shall,
6 whenever practicable, assign an administrative law judge who
7 has had prior experience or training in electrical power plant
8 site certification proceedings. Upon being advised that an
9 administrative law judge has been appointed, the department
10 shall immediately file a copy of the application and all
11 supporting documents with the designated administrative law
12 judge, who shall docket the application.
13 (2) The administrative law judge shall have all powers
14 and duties granted to administrative law judges by chapter 120
15 and by the laws and rules of the department.
16 Section 24. Section 403.5066, Florida Statutes, is
17 amended to read:
18 403.5066 Determination of completeness.--
19 (1)(a) Within 30 days after filing of an application,
20 the affected agencies shall file a statement with the
21 department containing each agency's recommendations on the
22 completeness of the application.
23 (b) Within 40 15 days after the filing receipt of an
24 application, the department shall file a statement with the
25 Division of Administrative Hearings, and with the applicant,
26 and with all parties declaring its position with regard to the
27 completeness, not the sufficiency, of the application. The
28 department's statement shall be based upon consultation with
29 the affected agencies.
30 (2)(1) If the department declares the application to
31 be incomplete, the applicant, within 15 days after the filing
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1 of the statement by the department, shall file with the
2 Division of Administrative Hearings, and with the department,
3 and all parties a statement:
4 (a) A withdrawal of Agreeing with the statement of the
5 department and withdrawing the application;
6 (b) Additional information necessary to make the
7 application complete. If the department first determined that
8 the application is incomplete, the time schedules under this
9 act shall not be tolled if the applicant makes the application
10 complete within the 15-day time period. A subsequent finding
11 by the department that the application remains incomplete
12 tolls the time schedules under this act until the application
13 is determined complete; Agreeing with the statement of the
14 department and agreeing to amend the application without
15 withdrawing it. The time schedules referencing a complete
16 application under this act shall not commence until the
17 application is determined complete; or
18 (c) A statement contesting the department's
19 determination of incompleteness; or contesting the statement
20 of the department.
21 (d) A statement agreeing with the department and
22 requesting additional time to provide the information
23 necessary to make the application complete. If the applicant
24 exercises this option, the time schedules under this act are
25 tolled until the application is determined complete.
26 (3)(a)(2) If the applicant contests the determination
27 by the department that an application is incomplete, the
28 administrative law judge shall schedule a hearing on the
29 statement of completeness. The hearing shall be held as
30 expeditiously as possible, but not later than 21 30 days after
31 the filing of the statement by the department. The
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1 administrative law judge shall render a decision within 7 10
2 days after the hearing.
3 (b) Parties to a hearing on the issue of completeness
4 shall include the applicant, the department, and any agency
5 that has jurisdiction over the matter in dispute. Any
6 substantially affected person who wishes to become a party to
7 the completeness hearing must file a motion to intervene no
8 later than 10 days prior to the date of the hearing.
9 (c)(a) If the administrative law judge determines that
10 the application was not complete as filed, the applicant shall
11 withdraw the application or make such additional submittals as
12 necessary to complete it. The time schedules referencing a
13 complete application under this act shall not commence until
14 the application is determined complete.
15 (d)(b) If the administrative law judge determines that
16 the application was complete at the time it was declared
17 incomplete filed, the time schedules referencing a complete
18 application under this act shall commence upon such
19 determination.
20 (4) If the applicant provides additional information
21 to address the issues identified in the determination of
22 incompleteness, each affected agency may submit to the
23 department, no later than 15 days after the applicant files
24 the additional information, a recommendation on whether the
25 agency believes the application is complete. Within 22 days
26 after receipt of the additional information from the applicant
27 submitted under paragraph (2)(b), paragraph (2)(d), or
28 paragraph (3)(c), the department shall determine whether the
29 additional information supplied by an applicant makes the
30 application complete. If the department finds that the
31 application is still incomplete, the applicant may exercise
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1 any of the options specified in subsection (2) as often as is
2 necessary to resolve the dispute.
3 Section 25. Section 403.50663, Florida Statutes, is
4 created to read:
5 403.50663 Informational public meetings.--
6 (1) Each local government or regional planning
7 council, in the jurisdiction of which the power plant is
8 proposed to be sited, may hold one informational public
9 meeting in addition to the hearings specifically authorized by
10 this act on any matter associated with the electric power
11 plant proceeding. Such informational public meetings shall be
12 held no later than 70 days after the application is filed. The
13 purpose of an informational public meeting is for the local
14 government or regional planning council to further inform the
15 public about the proposed electric power plant or associated
16 facilities, obtain comments from the public, and formulate its
17 recommendation with respect to the proposed electric power
18 plant.
19 (2) Informational public meetings shall be held solely
20 at the option of each local government or regional planning
21 council. It is the legislative intent that local governments
22 or regional planning councils attempt to hold such public
23 meetings. Parties to the proceedings under this act shall be
24 encouraged to attend; however, no party other than the
25 applicant and the department shall be required to attend such
26 informational public meetings.
27 (3) A local government or regional planning council
28 that intends to conduct an informational public meeting must
29 provide notice of the meeting to all parties not less than 5
30 days prior to the meeting.
31 (4) The failure to hold an informational public
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1 meeting or the procedure used for the informational public
2 meeting are not for the alteration of any time limitation in
3 this act under s. 403.5095 or grounds to deny or condition
4 certification.
5 Section 26. Section 403.50665, Florida Statutes, is
6 created to read:
7 403.50665 Land use consistency determination.--
8 (1) Within 80 days after the application is filed,
9 each local government shall file a determination with the
10 department and the applicant on the consistency of the site or
11 any directly associated facilities within their jurisdiction
12 with existing land use plans and zoning ordinances which were
13 in effect on the date the application was filed. The applicant
14 shall publish notice of the determination in accordance with
15 the requirements of s. 403.5115. These dates may be altered
16 upon agreement between the applicant, the local government,
17 and the department pursuant to s. 403.5095.
18 (2) If any substantially affected person wishes to
19 dispute the local government's determination, he or she shall
20 file a petition with the department within 15 days of the
21 publication of notice of the local government's determination.
22 If a hearing is requested, the provisions of s. 403.508(1)
23 shall apply.
24 (3) If it is determined by the local government that
25 the proposed site or directly associated facility does conform
26 with existing land use plans and zoning ordinances in effect
27 as of the date of the application and no petition has been
28 filed, the responsible zoning or planning authority shall not
29 thereafter change such land use plans or zoning ordinances so
30 as to foreclose construction and operation of the proposed
31 site or directly associated facilities unless certification is
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1 subsequently denied or withdrawn.
2 Section 27. Section 403.5067, Florida Statutes, is
3 repealed.
4 Section 28. Section 403.507, Florida Statutes, is
5 amended to read:
6 403.507 Preliminary statements of issues, reports,
7 project analyses, and studies.--
8 (1) Each affected agency identified in paragraph
9 (2)(a) shall submit a preliminary statement of issues to the
10 department, and the applicant, and all parties no later than
11 40 60 days after the certification application has been
12 determined distribution of the complete application. The
13 failure to raise an issue in this statement shall not preclude
14 the issue from being raised in the agency's report.
15 (2)(a) No later than 100 days after the certification
16 application has been determined complete, the following
17 reports shall be submitted to the department and the applicant
18 The following agencies shall prepare reports as provided below
19 and shall submit them to the department and the applicant
20 within 150 days after distribution of the complete
21 application:
22 1. The Department of Community Affairs shall prepare a
23 report containing recommendations which address the impact
24 upon the public of the proposed electrical power plant, based
25 on the degree to which the electrical power plant is
26 consistent with the applicable portions of the state
27 comprehensive plan, emergency management, and other such
28 matters within its jurisdiction. The Department of Community
29 Affairs may also comment on the consistency of the proposed
30 electrical power plant with applicable strategic regional
31 policy plans or local comprehensive plans and land development
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1 regulations.
2 2. The Public Service Commission shall prepare a
3 report as to the present and future need for the electrical
4 generating capacity to be supplied by the proposed electrical
5 power plant. The report shall include the commission's
6 determination pursuant to s. 403.519 and may include the
7 commission's comments with respect to any other matters within
8 its jurisdiction.
9 2.3. The water management district shall prepare a
10 report as to matters within its jurisdiction, including, but
11 not limited to, impact on water resources, impact on regional
12 water supply planning, and impact on district-owned lands and
13 works.
14 3.4. Each local government in whose jurisdiction the
15 proposed electrical power plant is to be located shall prepare
16 a report as to the consistency of the proposed electrical
17 power plant with all applicable local ordinances, regulations,
18 standards, or criteria that apply to the proposed electrical
19 power plant, including adopted local comprehensive plans, land
20 development regulations, and any applicable local
21 environmental regulations adopted pursuant to s. 403.182 or by
22 other means.
23 4.5. The Fish and Wildlife Conservation Commission
24 shall prepare a report as to matters within its jurisdiction.
25 5.6. Each The regional planning council shall prepare
26 a report containing recommendations that address the impact
27 upon the public of the proposed electrical power plant, based
28 on the degree to which the electrical power plant is
29 consistent with the applicable provisions of the strategic
30 regional policy plan adopted pursuant to chapter 186 and other
31 matters within its jurisdiction.
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1 6. The Department of Transportation shall address the
2 impact of the proposed transmission line or corridor on roads,
3 railroads, airports, aeronautics, seaports, and other matters
4 within its jurisdiction.
5 (b)7. Any other agency, if requested by the
6 department, shall also perform studies or prepare reports as
7 to matters within that agency's jurisdiction which may
8 potentially be affected by the proposed electrical power
9 plant.
10 (b) As needed to verify or supplement the studies made
11 by the applicant in support of the application, it shall be
12 the duty of the department to conduct, or contract for,
13 studies of the proposed electrical power plant and site,
14 including, but not limited to, the following, which shall be
15 completed no later than 210 days after the complete
16 application is filed with the department:
17 1. Cooling system requirements.
18 2. Construction and operational safeguards.
19 3. Proximity to transportation systems.
20 4. Soil and foundation conditions.
21 5. Impact on suitable present and projected water
22 supplies for this and other competing uses.
23 6. Impact on surrounding land uses.
24 7. Accessibility to transmission corridors.
25 8. Environmental impacts.
26 9. Requirements applicable under any federally
27 delegated or approved permit program.
28 (3)(c) Each report described in subsection (2)
29 paragraphs (a) and (b) shall contain:
30 (a) A notice of any nonprocedural requirements not
31 specifically listed in the application from which a variance,
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1 exemption, exception, all information on variances,
2 exemptions, exceptions, or other relief is necessary in order
3 for the proposed electric power plant to be certified. Failure
4 of such notification by an agency shall be treated as a waiver
5 from nonprocedural requirements of that agency. However, no
6 variance shall be granted from standards or regulations of the
7 department applicable under any federally delegated or
8 approved permit program, except as expressly allowed in such
9 program. which may be required by s. 403.511(2) and
10 (b) A recommendation for approval or denial of the
11 application.
12 (c) Any proposed conditions of certification on
13 matters within the jurisdiction of such agency. For each
14 condition proposed by an agency in its report, the agency
15 shall list the specific statute, rule, or ordinance which
16 authorizes the proposed condition.
17 (d) The agencies shall initiate the activities
18 required by this section no later than 30 days after the
19 complete application is distributed. The agencies shall keep
20 the applicant and the department informed as to the progress
21 of the studies and any issues raised thereby.
22 (3) No later than 60 days after the application for a
23 federally required new source review or prevention of
24 significant deterioration permit for the electrical power
25 plant is complete and sufficient, the department shall issue
26 its preliminary determination on such permit. Notice of such
27 determination shall be published as required by the
28 department's rules for notices of such permits. The department
29 shall receive public comments and comments from the United
30 States Environmental Protection Agency and other affected
31 agencies on the preliminary determination as provided for in
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1 the federally approved state implementation plan. The
2 department shall maintain a record of all comments received
3 and considered in taking action on such permits. If a petition
4 for an administrative hearing on the department's preliminary
5 determination is filed by a substantially affected person,
6 that hearing shall be consolidated with the certification
7 hearing.
8 (4)(a) No later than 150 days after the application is
9 filed, the Public Service Commission shall prepare a report as
10 to the present and future need for electric generating
11 capacity to be supplied by the proposed electrical power
12 plant. The report shall include the commission's determination
13 pursuant to s. 403.519 and may include the commission's
14 comments with respect to any other matters within its
15 jurisdiction.
16 (b) Receipt of an affirmative determination of need by
17 the submittal deadline under paragraph (a) and shall be
18 required for further processing of the application.
19 (5)(4) The department shall prepare a project written
20 analysis, which shall be filed with the designated
21 administrative law judge and served on all parties no later
22 than 130 240 days after the complete application is determined
23 complete filed with the department, but no later than 60 days
24 prior to the hearing, and which shall include:
25 (a) A statement indicating whether the proposed
26 electrical power plant and proposed ultimate site capacity
27 will be in compliance and consistent with matters within the
28 department's standard jurisdiction, including with the rules
29 of the department, as well as whether the proposed electrical
30 power plant and proposed ultimate site capacity will be in
31 compliance with the rules of the affected agencies.
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1 (b) Copies of the studies and reports required by this
2 section and s. 403.519.
3 (c) The comments received by the department from any
4 other agency or person.
5 (d) The recommendation of the department as to the
6 disposition of the application, of variances, exemptions,
7 exceptions, or other relief identified by any party, and of
8 any proposed conditions of certification which the department
9 believes should be imposed.
10 (e) If available, the recommendation of the department
11 regarding the issuance of any license required pursuant to a
12 federally delegated or approved permit program.
13 (f) Copies of the department's draft of the operation
14 permit for a major source of air pollution, which must also be
15 provided to the United States Environmental Protection Agency
16 for review within 5 days after issuance of the written
17 analysis.
18 (6)(5) Except when good cause is shown, the failure of
19 any agency to submit a preliminary statement of issues or a
20 report, or to submit its preliminary statement of issues or
21 report within the allowed time, shall not be grounds for the
22 alteration of any time limitation in this act. Neither the
23 failure to submit a preliminary statement of issues or a
24 report nor the inadequacy of the preliminary statement of
25 issues or report are shall be grounds to deny or condition
26 certification.
27 Section 29. Section 403.508, Florida Statutes, is
28 amended to read:
29 403.508 Land use and certification hearings
30 proceedings, parties, participants.--
31 (1)(a) If a petition for a hearing on land use has
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1 been filed pursuant to s. 403.50665, the designated
2 administrative law judge shall conduct a land use hearing in
3 the county of the proposed site or directly associated
4 facility, as applicable, within 30 90 days after the
5 department's receipt of the petition a complete application
6 for electrical power plant site certification by the
7 department. The place of such hearing shall be as close as
8 possible to the proposed site or directly associated facility.
9 (b) Notice of the land use hearing shall be published
10 in accordance with the requirements of s. 403.5115.
11 (c)(2) The sole issue for determination at the land
12 use hearing shall be whether or not the proposed site is
13 consistent and in compliance with existing land use plans and
14 zoning ordinances.
15 (d) The designated administrative law judge's
16 recommended order shall be issued within 30 days after
17 completion of the hearing and shall be reviewed by the board
18 within 60 45 days after receipt of the recommended order by
19 the board.
20 (e) If it is determined by the board that the proposed
21 site does conform with existing land use plans and zoning
22 ordinances in effect as of the date of the application, the
23 responsible zoning or planning authority shall not thereafter
24 change such land use plans or zoning ordinances so as to
25 foreclose construction and operation of affect the proposed
26 site or directly associated facilities unless certification is
27 subsequently denied or withdrawn.
28 (f) If it is determined by the board that the proposed
29 site does not conform, it shall be the responsibility of the
30 applicant to make the necessary application for rezoning.
31 Should the application for rezoning be denied, the applicant
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1 may appeal this decision to the board, which may, if it
2 determines after notice and hearing that it is in the public
3 interest to authorize the use of the land as a site for an
4 electrical power plant, authorize a variance to the adopted
5 land use plan and zoning ordinances. In the event a variance
6 is denied, it shall be the responsibility of the applicant to
7 make the necessary application for rezoning. No further action
8 may be taken on the complete application by the department
9 until the proposed site conforms to the adopted land use plan
10 or zoning ordinances or the board grants a variance.
11 (2)(a)(3) A certification hearing shall be held by the
12 designated administrative law judge no later than 250 300 days
13 after the complete application is filed with the department;
14 however, an affirmative determination of need by the Public
15 Service Commission pursuant to s. 403.519 shall be a condition
16 precedent to the conduct of the certification hearing. The
17 certification hearing shall be held at a location in proximity
18 to the proposed site. The certification hearing shall also
19 constitute the sole hearing allowed by chapter 120 to
20 determine the substantial interest of a party regarding any
21 required agency license or any related permit required
22 pursuant to any federally delegated or approved permit
23 program. At the conclusion of the certification hearing, the
24 designated administrative law judge shall, after consideration
25 of all evidence of record, submit to the board a recommended
26 order no later than 60 days after the filing of the hearing
27 transcript. In the event the administrative law judge fails to
28 issue a recommended order within 60 days after the filing of
29 the hearing transcript, the administrative law judge shall
30 submit a report to the board with a copy to all parties within
31 60 days after the filing of the hearing transcript to advise
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1 the board of the reason for the delay in the issuance of the
2 recommended order and of the date by which the recommended
3 order will be issued.
4 (b)(4)(a) Parties to the proceeding shall include:
5 1. The applicant.
6 2. The Public Service Commission.
7 3. The Department of Community Affairs.
8 4. The Fish and Wildlife Conservation Commission.
9 5. The water management district.
10 6. The department.
11 7. The regional planning council.
12 8. The local government.
13 9. The Department of Transportation.
14 (c)(b) Any party listed in paragraph (b)(a) other than
15 the department or the applicant may waive its right to
16 participate in these proceedings. If such listed party fails
17 to file a notice of its intent to be a party on or before the
18 90th day prior to the certification hearing, such party shall
19 be deemed to have waived its right to be a party.
20 (d)(c) Notwithstanding the provisions of chapter 120
21 to the contrary, upon the filing with the administrative law
22 judge of a notice of intent to be a party no later than 30 at
23 least 15 days prior to the date of the certification land use
24 hearing, the following shall also be parties to the
25 proceeding:
26 1. Any agency not listed in paragraph (b) (a) as to
27 matters within its jurisdiction.
28 2. Any domestic nonprofit corporation or association
29 formed, in whole or in part, to promote conservation or
30 natural beauty; to protect the environment, personal health,
31 or other biological values; to preserve historical sites; to
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1 promote consumer interests; to represent labor, commercial, or
2 industrial groups; or to promote comprehensive planning or
3 orderly development of the area in which the proposed
4 electrical power plant is to be located.
5 (e)(d) Notwithstanding paragraph (f)(e), failure of an
6 agency described in subparagraph (d)1.(c)1. to file a notice
7 of intent to be a party within the time provided herein shall
8 constitute a waiver of the right of that agency to participate
9 as a party in the proceeding.
10 (f)(e) Other parties may include any person, including
11 those persons enumerated in paragraph (d) (c) who have failed
12 to timely file a notice of intent to be a party, whose
13 substantial interests are affected and being determined by the
14 proceeding and who timely file a motion to intervene pursuant
15 to chapter 120 and applicable rules. Intervention pursuant to
16 this paragraph may be granted at the discretion of the
17 designated administrative law judge and upon such conditions
18 as he or she may prescribe any time prior to 30 days before
19 the commencement of the certification hearing.
20 (g)(f) Any agency, including those whose properties or
21 works are being affected pursuant to s. 403.509(4), shall be
22 made a party upon the request of the department or the
23 applicant.
24 (3)(a) The order of presentation at the certification
25 hearing, unless otherwise changed by the administrative law
26 judge to ensure the orderly presentation of witnesses and
27 evidence, shall be:
28 1. The applicant.
29 2. The department.
30 3. State agencies.
31 4. Regional agencies, including regional planning
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1 councils and water management districts.
2 5. Local governments.
3 6. Other parties.
4 (b)(5) When appropriate, any person may be given an
5 opportunity to present oral or written communications to the
6 designated administrative law judge. If the designated
7 administrative law judge proposes to consider such
8 communications, then all parties shall be given an opportunity
9 to cross-examine or challenge or rebut such communications.
10 (4) At the conclusion of the certification hearing,
11 the designated administrative law judge shall, after
12 consideration of all evidence of record, submit to the board a
13 recommended order no later than 45 days after the filing of
14 the hearing transcript.
15 (5)(a) No later than 25 days prior to the conduct of
16 the certification hearing, the department or the applicant may
17 request that the administrative law judge cancel the
18 certification hearing and relinquish jurisdiction to the
19 department if all parties to the proceeding stipulate that
20 there are no disputed issues of fact to be raised at the
21 certification hearing.
22 (b) The administrative law judge shall issue an order
23 granting or denying the request within 5 days.
24 (c) If the administrative law judge grants the
25 request, the department and the applicant shall publish
26 notices of the cancellation of the certification hearing, in
27 accordance with s. 403.5115.
28 (d)1. If the administrative law judge grants the
29 request, the department shall prepare and issue a final order
30 in accordance with s. 403.509(1)(a).
31 2. Parties may submit proposed recommended orders to
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1 the department no later than 10 days after the administrative
2 law judge issues an order relinquishing jurisdiction.
3 (6) The applicant shall pay those expenses and costs
4 associated with the conduct of the hearings and the recording
5 and transcription of the proceedings. The designated
6 administrative law judge shall have all powers and duties
7 granted to administrative law judges by chapter 120 and this
8 chapter and by the rules of the department and the
9 Administration Commission, including the authority to resolve
10 disputes over the completeness and sufficiency of an
11 application for certification.
12 (7) The order of presentation at the certification
13 hearing, unless otherwise changed by the administrative law
14 judge to ensure the orderly presentation of witnesses and
15 evidence, shall be:
16 (a) The applicant.
17 (b) The department.
18 (c) State agencies.
19 (d) Regional agencies, including regional planning
20 councils and water management districts.
21 (e) Local governments.
22 (f) Other parties.
23 (7)(8) In issuing permits under the federally approved
24 new source review or prevention of significant deterioration
25 permit program, the department shall observe the procedures
26 specified under the federally approved state implementation
27 plan, including public notice, public comment, public hearing,
28 and notice of applications and amendments to federal, state,
29 and local agencies, to assure that all such permits issued in
30 coordination with the certification of a power plant under
31 this act are federally enforceable and are issued after
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1 opportunity for informed public participation regarding the
2 terms and conditions thereof. When possible, any hearing on a
3 federally approved or delegated program permit such as new
4 source review, prevention of significant deterioration permit,
5 or NPDES permit shall be conducted in conjunction with the
6 certification hearing held under this act. The department
7 shall accept written comment with respect to an application
8 for, or the department's preliminary determination on, a new
9 source review or prevention of significant deterioration
10 permit for a period of no less than 30 days from the date
11 notice of such action is published. Upon request submitted
12 within 30 days after published notice, the department shall
13 hold a public meeting, in the area affected, for the purpose
14 of receiving public comment on issues related to the new
15 source review or prevention of significant deterioration
16 permit. If requested following notice of the department's
17 preliminary determination, the public meeting to receive
18 public comment shall be held prior to the scheduled
19 certification hearing. The department shall also solicit
20 comments from the United States Environmental Protection
21 Agency and other affected federal agencies regarding the
22 department's preliminary determination for any federally
23 required new source review or prevention of significant
24 deterioration permit. It is the intent of the Legislature that
25 the issuance of such permits be closely coordinated with the
26 certification process established under this part. In the
27 event of a conflict between the certification process and
28 federally required procedures contained in the state
29 implementation plan, the applicable federal requirements of
30 the implementation plan shall control.
31 Section 30. Section 403.509, Florida Statutes, is
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1 amended to read:
2 403.509 Final disposition of application.--
3 (1)(a) If the administrative law judge has granted a
4 request to cancel the certification hearing and has
5 relinquished jurisdiction to the department under the
6 provisions of s. 403.508(6), within 40 days thereafter, the
7 secretary of the department shall act upon the application by
8 written order in accordance with the terms of this act, and
9 state the reasons for issuance or denial.
10 (b) If the administrative law judge has not granted a
11 request to cancel the certification hearing under the
12 provisions of s. 403.508(6), within 60 days after receipt of
13 the designated administrative law judge's recommended order,
14 the board shall act upon the application by written order,
15 approving certification or denying certification the issuance
16 of a certificate, in accordance with the terms of this act,
17 and stating the reasons for issuance or denial. If
18 certification the certificate is denied, the board shall set
19 forth in writing the action the applicant would have to take
20 to secure the board's approval of the application.
21 (2) The issues that may be raised in any hearing
22 before the board shall be limited to those matters raised in
23 the certification proceeding before the administrative law
24 judge or raised in the recommended order. All parties, or
25 their representatives, or persons who appear before the board
26 shall be subject to the provisions of s. 120.66.
27 (3) In determining whether an application should be
28 approved in whole, approved with modifications or conditions,
29 or denied, the board, or secretary when applicable, shall
30 consider whether, and the extent to which, the location of
31 electric power plant and directly associated facilities and
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1 their construction and operation will:
2 (a) Provide reasonable assurance that operational
3 safeguards are technically sufficient for the public welfare
4 and protection.
5 (b) Comply with applicable nonprocedural requirements
6 of agencies.
7 (c) Be consistent with applicable local government
8 comprehensive plans and land development regulations.
9 (d) Meet the electrical energy needs of the state in
10 an orderly and timely fashion.
11 (e) Provide a reasonable balance between the need for
12 the facility as established pursuant to s. 403.519, and the
13 impacts upon air and water quality, fish and wildlife, water
14 resources, and other natural resources as a result of the
15 construction and operation of the facility.
16 (3) Within 30 days after issuance of the
17 certification, the department shall issue and forward to the
18 United States Environmental Protection Agency a proposed
19 operation permit for a major source of air pollution and must
20 issue or deny any other license required pursuant to any
21 federally delegated or approved permit program. The
22 department's action on the license and its action on the
23 proposed operation permit for a major source of air pollution
24 shall be based upon the record and recommended order of the
25 certification hearing. The department's actions on a federally
26 required new source review or prevention of significant
27 deterioration permit shall be based on the record and
28 recommended order of the certification hearing and of any
29 other proceeding held in connection with the application for a
30 new source review or prevention of significant deterioration
31 permit, on timely public comments received with respect to the
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1 application or preliminary determination for such permit, and
2 on the provisions of the state implementation plan. The
3 department's action on a federally required new source review
4 or prevention of significant deterioration permit shall differ
5 from the actions taken by the siting board regarding the
6 certification if the federally approved state implementation
7 plan requires such a different action to be taken by the
8 department. Nothing in this part shall be construed to
9 displace the department's authority as the final permitting
10 entity under the federally approved permit program. Nothing in
11 this part shall be construed to authorize the issuance of a
12 new source review or prevention of significant deterioration
13 permit which does not conform to the requirements of the
14 federally approved state implementation plan. Any final
15 operation permit for a major source of air pollution must be
16 issued in accordance with the provisions of s. 403.0872.
17 Unless the federally delegated or approved permit program
18 provides otherwise, licenses issued by the department under
19 this subsection shall be effective for the term of the
20 certification issued by the board. If renewal of any license
21 issued by the department pursuant to a federally delegated or
22 approved permit program is required, such renewal shall not
23 affect the certification issued by the board, except as
24 necessary to resolve inconsistencies pursuant to s.
25 403.516(1)(a).
26 (4) In regard to the properties and works of any
27 agency which is a party to the certification hearing, the
28 board shall have the authority to decide issues relating to
29 the use, the connection thereto, or the crossing thereof, for
30 the electrical power plant and its directly associated
31 facilities site and to direct any such agency to execute,
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1 within 30 days after the entry of certification, the necessary
2 license or easement for such use, connection, or crossing,
3 subject only to the conditions set forth in such
4 certification.
5 (5) Except for the issuance of any operation permit
6 for a major source of air pollution pursuant to s. 403.0872,
7 the issuance or denial of the certification by the board and
8 the issuance or denial of any related department license
9 required pursuant to any federally delegated or approved
10 permit program shall be the final administrative action
11 required as to that application.
12 (6) All certified electrical power plants must apply
13 for and obtain a major source air-operation permit pursuant to
14 s. 403.0872. Major source air-operation permit applications
15 for certified electrical power plants must be submitted
16 pursuant to a schedule developed by the department. To the
17 extent that any conflicting provision, limitation, or
18 restriction under any rule, regulation, or ordinance imposed
19 by any political subdivision of the state, or by any local
20 pollution control program, was superseded during the
21 certification process pursuant to s. 403.510(1), such rule,
22 regulation, or ordinance shall continue to be superseded for
23 purposes of the major source air-operation permit program
24 under s. 403.0872.
25 Section 31. Section 403.511, Florida Statutes, is
26 amended to read:
27 403.511 Effect of certification.--
28 (1) Subject to the conditions set forth therein, any
29 certification signed by the Governor shall constitute the sole
30 license of the state and any agency as to the approval of the
31 site and the construction and operation of the proposed
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1 electrical power plant, except for the issuance of department
2 licenses required under any federally delegated or approved
3 permit program and except as otherwise provided in subsection
4 (4).
5 (2)(a) The certification shall authorize the licensee
6 applicant named therein to construct and operate the proposed
7 electrical power plant, subject only to the conditions of
8 certification set forth in such certification, and except for
9 the issuance of department licenses or permits required under
10 any federally delegated or approved permit program.
11 (b)1. Except as provided in subsection (4), the
12 certification may include conditions which constitute
13 variances, exemptions, or exceptions from nonprocedural
14 requirements of the department or any agency which were
15 expressly considered during the proceeding unless waived by
16 the agency as provided below and which otherwise would be
17 applicable to the construction and operation of the proposed
18 electrical power plant.
19 2. No variance, exemption, exception, or other relief
20 shall be granted from a state statute or rule for the
21 protection of endangered or threatened species, aquatic
22 preserves, Outstanding National Resource Waters, or
23 Outstanding Florida Waters or for the disposal of hazardous
24 waste, except to the extent authorized by the applicable
25 statute or rule or except upon a finding in the certification
26 order by the siting board that the public interests set forth
27 in s. 403.509(3) 403.502 in certifying the electrical power
28 plant at the site proposed by the applicant overrides the
29 public interest protected by the statute or rule from which
30 relief is sought. Each party shall notify the applicant and
31 other parties at least 60 days prior to the certification
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1 hearing of any nonprocedural requirements not specifically
2 listed in the application from which a variance, exemption,
3 exception, or other relief is necessary in order for the board
4 to certify any electrical power plant proposed for
5 certification. Failure of such notification by an agency shall
6 be treated as a waiver from nonprocedural requirements of the
7 department or any other agency. However, no variance shall be
8 granted from standards or regulations of the department
9 applicable under any federally delegated or approved permit
10 program, except as expressly allowed in such program.
11 (3) The certification shall be in lieu of any license,
12 permit, certificate, or similar document required by any
13 state, regional, or local agency pursuant to, but not limited
14 to, chapter 125, chapter 161, chapter 163, chapter 166,
15 chapter 186, chapter 253, chapter 298, chapter 370, chapter
16 373, chapter 376, chapter 380, chapter 381, chapter 387,
17 chapter 403, except for permits issued pursuant to any
18 federally delegated or approved permit program s. 403.0885 and
19 except as provided in s. 403.509(3) and (6), chapter 404 or,
20 the Florida Transportation Code, or 33 U.S.C. s. 1341.
21 (4) This act shall not affect in any way the
22 ratemaking powers of the Public Service Commission under
23 chapter 366; nor shall this act in any way affect the right of
24 any local government to charge appropriate fees or require
25 that construction be in compliance with applicable building
26 construction codes.
27 (5)(a) An electrical power plant certified pursuant to
28 this act shall comply with rules adopted by the department
29 subsequent to the issuance of the certification which
30 prescribe new or stricter criteria, to the extent that the
31 rules are applicable to electrical power plants. Except when
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1 express variances, exceptions, exemptions, or other relief
2 have been granted, subsequently adopted rules which prescribe
3 new or stricter criteria shall operate as automatic
4 modifications to certifications.
5 (b) Upon written notification to the department, any
6 holder of a certification issued pursuant to this act may
7 choose to operate the certified electrical power plant in
8 compliance with any rule subsequently adopted by the
9 department which prescribes criteria more lenient than the
10 criteria required by the terms and conditions in the
11 certification which are not site-specific.
12 (c) No term or condition of certification shall be
13 interpreted to preclude the postcertification exercise by any
14 party of whatever procedural rights it may have under chapter
15 120, including those related to rulemaking proceedings. This
16 subsection shall apply to previously issued certifications.
17 (6) No term or condition of a site certification shall
18 be interpreted to supersede or control the provisions of a
19 final operation permit for a major source of air pollution
20 issued by the department pursuant to s. 403.0872 to such
21 facility certified under this part.
22 (7) No term or condition of a site certification shall
23 be interpreted to supersede or control the provisions of a
24 final operation permit for a major source of air pollution
25 issued by the department pursuant to s. 403.0872, to a
26 facility certified under this part.
27 (8) Pursuant to s. 380.23, electrical power plants are
28 subject to the federal coastal consistency review program.
29 Issuance of certification shall constitute the state's
30 certification of coastal zone consistency.
31 Section 32. Section 403.5112, Florida Statutes, is
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1 created to read:
2 403.5112 Filing of notice of certified corridor
3 route.--
4 (1) Within 60 days after certification of a directly
5 associated linear facility pursuant to this act, the applicant
6 shall file, in accordance with s. 28.222, with the department
7 and the clerk of the circuit court for each county through
8 which the corridor will pass, a notice of the certified route.
9 (2) The notice shall consist of maps or aerial
10 photographs in the scale of 1:24,000 which clearly show the
11 location of the certified route and shall state that the
12 certification of the corridor will result in the acquisition
13 of rights-of-way within the corridor. Each clerk shall record
14 the filing in the official record of the county for the
15 duration of the certification or until such time as the
16 applicant certifies to the department and the clerk that all
17 lands required for the transmission line rights-of-way within
18 the corridor have been acquired within such county, whichever
19 is sooner.
20 Section 33. Section 403.5113, Florida Statutes, is
21 created to read:
22 403.5113 Postcertification amendments.--
23 (1) If a licensee proposes any material change to the
24 application after certification, the licensee shall submit a
25 written request for amendment and a description of the
26 proposed change to the application to the department. Within
27 30 days after the receipt of the request for the amendment,
28 the department shall determine whether the proposed change to
29 the application requires a modification of the conditions of
30 certification.
31 (2) If the department concludes that the change would
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1 not require a modification of the conditions of certification,
2 the department shall provide written notification of the
3 approval of the proposed amendment to the licensee, all
4 agencies, and all other interested parties.
5 (3) If the department concludes that the change would
6 require a modification of the conditions of certification, the
7 department shall provide written notification to the licensee
8 that the proposed change to the application requires a request
9 for modification pursuant to s. 403.516.
10 Section 34. Section 403.5115, Florida Statutes, is
11 amended to read:
12 403.5115 Public notice; costs of proceeding.--
13 (1) The following notices are to be published by the
14 applicant:
15 (a) Notice A notice of the filing of a notice of
16 intent under s. 403.5063, which shall be published within 21
17 days after the filing of the notice. The notice shall be
18 published as specified by subsection (2), except that the
19 newspaper notice shall be one-fourth page in size in a
20 standard size newspaper or one-half page in size in a tabloid
21 size newspaper.
22 (b) Notice A notice of filing of the application,
23 which shall include a description of the proceedings required
24 by this act, within 21 days after the date of the application
25 filing be published as specified in subsection (2), within 15
26 days after the application has been determined complete. Such
27 notice shall give notice of the provisions of s. 403.511(1)
28 and (2) and that the application constitutes a request for a
29 federally required new source review or prevention of
30 significant deterioration permit.
31 (c) Notice of the land use determination made pursuant
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1 to s. 403.50665(1) within 15 days after the determination is
2 filed.
3 (d) Notice of the land use hearing, which shall be
4 published as specified in subsection (2), no later than 15 45
5 days before the hearing.
6 (e)(d) Notice of the certification hearing and notice
7 of the deadline for filing notice of intent to be a party,
8 which shall be published as specified in subsection (2), at
9 least 65 days before the date set for the certification no
10 later than 45 days before the hearing.
11 (f) Notice of the cancellation of the certification
12 hearing, if applicable, no later than 7 days before the date
13 of the originally scheduled certification hearing.
14 (g)(e) Notice of modification when required by the
15 department, based on whether the requested modification of
16 certification will significantly increase impacts to the
17 environment or the public. Such notice shall be published as
18 specified under subsection (2):
19 1. Within 21 days after receipt of a request for
20 modification., except that The newspaper notice shall be of a
21 size as directed by the department commensurate with the scope
22 of the modification.
23 2. If a hearing is to be conducted in response to the
24 request for modification, then notice shall be published no
25 later than 30 days before the hearing provided as specified in
26 paragraph (d).
27 (h)(f) Notice of a supplemental application, which
28 shall be published as specified in paragraph (1)(b) and
29 subsection (2). follows:
30 1. Notice of receipt of the supplemental application
31 shall be published as specified in paragraph (b).
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1 2. Notice of the certification hearing shall be
2 published as specified in paragraph (d).
3 (i) Notice of existing site certification pursuant to
4 s. 403.5175. Notices shall be published as specified in
5 paragraph (1)(b) and subsection (2).
6 (2) Notices provided by the applicant shall be
7 published in newspapers of general circulation within the
8 county or counties in which the proposed electrical power
9 plant will be located. The newspaper notices shall be at least
10 one-half page in size in a standard size newspaper or a full
11 page in a tabloid size newspaper and published in a section of
12 the newspaper other than the legal notices section. These
13 notices shall include a map generally depicting the project
14 and all associated facilities corridors. A newspaper of
15 general circulation shall be the newspaper which has the
16 largest daily circulation in that county and has its principal
17 office in that county. If the newspaper with the largest daily
18 circulation has its principal office outside the county, the
19 notices shall appear in both the newspaper having the largest
20 circulation in that county and in a newspaper authorized to
21 publish legal notices in that county.
22 (3) All notices published by the applicant shall be
23 paid for by the applicant and shall be in addition to the
24 application fee.
25 (4) The department shall arrange for publication of
26 the following notices in the manner specified by chapter 120
27 and provide copies of those notices to any persons who have
28 requested to be placed on the departmental mailing list for
29 this purpose:
30 (a) Notice Publish in the Florida Administrative
31 Weekly notices of the filing of the notice of intent within 15
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1 days after receipt of the notice.;
2 (b) Notice of the filing of the application, no later
3 than 21 days after the application filing.;
4 (c) Notice of the land use hearing before the
5 administrative law judge, if applicable, no later than 15 days
6 before the hearing.;
7 (d) Notice of the land use hearing before the board,
8 if applicable.
9 (e) Notice of the certification hearing at least 65
10 days before the date set for the certification hearing.;
11 (f) Notice of the hearing before the board, if
12 applicable.;
13 (h) Notice and of stipulations, proposed agency
14 action, or petitions for modification.; and
15 (b) Provide copies of those notices to any persons who
16 have requested to be placed on the departmental mailing list
17 for this purpose.
18 (5) The applicant shall pay those expenses and costs
19 associated with the conduct of the hearings and the recording
20 and transcription of the proceedings.
21 Section 35. Section 403.513, Florida Statutes, is
22 amended to read:
23 403.513 Review.--Proceedings under this act shall be
24 subject to judicial review as provided in chapter 120. When
25 possible, separate appeals of the certification order issued
26 by the board and of any department permit issued pursuant to a
27 federally delegated or approved permit program may shall be
28 consolidated for purposes of judicial review.
29 Section 36. Section 403.516, Florida Statutes, is
30 amended to read:
31 403.516 Modification of certification.--
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1 (1) A certification may be modified after issuance in
2 any one of the following ways:
3 (a) The board may delegate to the department the
4 authority to modify specific conditions in the certification.
5 (b)1. The department may modify specific conditions of
6 a site certification which are inconsistent with the terms of
7 any federally delegated or approved final air pollution
8 operation permit for the certified electrical power plant
9 issued by the United States Environmental Protection Agency
10 under the terms of 42 U.S.C. s. 7661d.
11 2. Such modification may be made without further
12 notice if the matter has been previously noticed under the
13 requirements for any federally delegated or approved permit
14 program.
15 (c) The licensee may file a petition for modification
16 with the department or the department may initiate the
17 modification upon its own initiative.
18 1. A petition for modification must set forth:
19 a. The proposed modification.
20 b. The factual reasons asserted for the modification.
21 c. The anticipated environmental effects of the
22 proposed modification.
23 (d)(b) The department may modify the terms and
24 conditions of the certification if no party to the
25 certification hearing objects in writing to such modification
26 within 45 days after notice by mail to such party's last
27 address of record, and if no other person whose substantial
28 interests will be affected by the modification objects in
29 writing within 30 days after issuance of public notice.
30 (e) If objections are raised or the department denies
31 the request, the applicant or department may file a request
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1 petition for a hearing on the modification with the
2 department. Such request shall be handled pursuant to chapter
3 120 paragraph (c).
4 (c) A petition for modification may be filed by the
5 applicant or the department setting forth:
6 1. The proposed modification,
7 2. The factual reasons asserted for the modification,
8 and
9 3. The anticipated effects of the proposed
10 modification on the applicant, the public, and the
11 environment.
12
13 The petition for modification shall be filed with the
14 department and the Division of Administrative Hearings.
15 (f) Requests referred to the Division of
16 Administrative Hearings shall be disposed of in the same
17 manner as an application, but with time periods established by
18 the administrative law judge commensurate with the
19 significance of the modification requested.
20 (g)(d) As required by s. 403.511(5).
21 (2) Petitions filed pursuant to paragraph (1)(c) shall
22 be disposed of in the same manner as an application, but with
23 time periods established by the administrative law judge
24 commensurate with the significance of the modification
25 requested.
26 (2)(3) Any agreement or modification under this
27 section must be in accordance with the terms of this act. No
28 modification to a certification shall be granted that
29 constitutes a variance from standards or regulations of the
30 department applicable under any federally delegated or
31 approved permit program, except as expressly allowed in such
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1 program.
2 Section 37. Section 403.517, Florida Statutes, is
3 amended to read:
4 403.517 Supplemental applications for sites certified
5 for ultimate site capacity.--
6 (1)(a) Supplemental The department shall adopt rules
7 governing the processing of supplemental applications may be
8 submitted for certification of the construction and operation
9 of electrical power plants to be located at sites which have
10 been previously certified for an ultimate site capacity
11 pursuant to this act. Supplemental applications shall be
12 limited to electrical power plants using the fuel type
13 previously certified for that site. Such applications shall
14 include all new directly associated facilities that support
15 the construction and operation of the electric power plant.
16 The rules adopted pursuant to this section shall include
17 provisions for:
18 1. Prompt appointment of a designated administrative
19 law judge.
20 2. The contents of the supplemental application.
21 3. Resolution of disputes as to the completeness and
22 sufficiency of supplemental applications by the designated
23 administrative law judge.
24 4. Public notice of the filing of the supplemental
25 applications.
26 5. Time limits for prompt processing of supplemental
27 applications.
28 6. Final disposition by the board within 215 days of
29 the filing of a complete supplemental application.
30 (b) The time limits for processing of a complete
31 supplemental application shall be designated by the department
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1 commensurate with the scope of the supplemental application,
2 but shall not exceed any time limitation governing the review
3 of initial applications for site certification pursuant to
4 this act, it being the legislative intent to provide shorter
5 time limitations for the processing of supplemental
6 applications for electrical power plants to be constructed and
7 operated at sites which have been previously certified for an
8 ultimate site capacity.
9 (c) Any time limitation in this section or in rules
10 adopted pursuant to this section may be altered pursuant to s.
11 403.5095 by the designated administrative law judge upon
12 stipulation between the department and the applicant, unless
13 objected to by any party within 5 days after notice, or for
14 good cause shown by any party. The parties to the proceeding
15 shall adhere to the provisions of chapter 120 and this act in
16 considering and processing such supplemental applications .
17 (2) Supplemental applications shall be reviewed as
18 provided in ss. 403.507-403.511, except that the time limits
19 provided in this section shall apply to such supplemental
20 applications.
21 (3) The land use and zoning consistency determination
22 of s. 403.50665 hearing requirements of s. 403.508(1) and (2)
23 shall not be applicable to the processing of supplemental
24 applications pursuant to this section so long as:
25 (a) The previously certified ultimate site capacity is
26 not exceeded; and
27 (b) The lands required for the construction or
28 operation of the electrical power plant which is the subject
29 of the supplemental application are within the boundaries of
30 the previously certified site.
31 (4) For the purposes of this act, the term "ultimate
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1 site capacity" means the maximum generating capacity for a
2 site as certified by the board.
3 Section 38. Section 403.5175, Florida Statutes, is
4 amended to read:
5 403.5175 Existing electrical power plant site
6 certification.--
7 (1) An electric utility that owns or operates an
8 existing electrical power plant as defined in s. 403.503(12)
9 may apply for certification of an existing power plant and its
10 site in order to obtain all agency licenses necessary to
11 assure compliance with federal or state environmental laws and
12 regulation using the centrally coordinated, one-stop licensing
13 process established by this part. An application for site
14 certification under this section must be in the form
15 prescribed by department rule. Applications must be reviewed
16 and processed using the same procedural steps and notices as
17 for an application for a new facility in accordance with ss.
18 403.5064-403.5115, except that a determination of need by the
19 Public Service Commission is not required.
20 (2) An application for certification under this
21 section must include:
22 (a) A description of the site and existing power plant
23 installations;
24 (b) A description of all proposed changes or
25 alterations to the site or electrical power plant, including
26 all new associated facilities that are the subject of the
27 application;
28 (c) A description of the environmental and other
29 impacts caused by the existing utilization of the site and
30 directly associated facilities, and the operation of the
31 electrical power plant that is the subject of the application,
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1 and of the environmental and other benefits, if any, to be
2 realized as a result of the proposed changes or alterations if
3 certification is approved and such other information as is
4 necessary for the reviewing agencies to evaluate the proposed
5 changes and the expected impacts;
6 (d) The justification for the proposed changes or
7 alterations;
8 (e) Copies of all existing permits, licenses, and
9 compliance plans authorizing utilization of the site and
10 directly associated facilities or operation of the electrical
11 power plant that is the subject of the application.
12 (3) The land use and zoning determination hearing
13 requirements of s. 403.50665 s. 403.508(1) and (2) do not
14 apply to an application under this section if the applicant
15 does not propose to expand the boundaries of the existing
16 site. If the applicant proposes to expand the boundaries of
17 the existing site to accommodate portions of the plant or
18 associated facilities, a land use and zoning determination
19 shall be made hearing must be held as specified in s.
20 403.50665 s. 403.508(1) and (2); provided, however, that the
21 sole issue for determination through the land use hearing is
22 whether the proposed site expansion is consistent and in
23 compliance with the existing land use plans and zoning
24 ordinances.
25 (4) In considering whether an application submitted
26 under this section should be approved in whole, approved with
27 appropriate conditions, or denied, the board shall consider
28 whether, and to the extent to which the proposed changes to
29 the electrical power plant and its continued operation under
30 certification will:
31 (a) Comply with the provisions of s. 403.509(3).
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1 applicable nonprocedural requirements of agencies;
2 (b) Result in environmental or other benefits compared
3 to current utilization of the site and operations of the
4 electrical power plant if the proposed changes or alterations
5 are undertaken.;
6 (c) Minimize, through the use of reasonable and
7 available methods, the adverse effects on human health, the
8 environment, and the ecology of the land and its wildlife and
9 the ecology of state waters and their aquatic life; and
10 (d) Serve and protect the broad interests of the
11 public.
12 (5) An applicant's failure to receive approval for
13 certification of an existing site or an electrical power plant
14 under this section is without prejudice to continued operation
15 of the electrical power plant or site under existing agency
16 licenses.
17 Section 39. Section 403.518, Florida Statutes, is
18 amended to read:
19 403.518 Fees; disposition.--
20 (1) The department shall charge the applicant the
21 following fees, as appropriate, which, unless otherwise
22 specified, shall be paid into the Florida Permit Fee Trust
23 Fund:
24 (a) A fee for a notice of intent pursuant to s.
25 403.5063, in the amount of $2,500, to be submitted to the
26 department at the time of filing of a notice of intent. The
27 notice-of-intent fee shall be used and disbursed in the same
28 manner as the application fee.
29 (b) An application fee, which shall not exceed
30 $200,000. The fee shall be fixed by rule on a sliding scale
31 related to the size, type, ultimate site capacity, or increase
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1 in electric generating capacity proposed by the application,
2 or the number and size of local governments in whose
3 jurisdiction the electrical power plant is located.
4 1. Sixty percent of the fee shall go to the department
5 to cover any costs associated with coordinating the review
6 reviewing and acting upon the application, to cover any field
7 services associated with monitoring construction and operation
8 of the facility, and to cover the costs of the public notices
9 published by the department.
10 2. The following percentages Twenty percent of the fee
11 or $25,000, whichever is greater, shall be transferred to the
12 Administrative Trust Fund of the Division of Administrative
13 Hearings of the Department of Management Services:.
14 a. Five percent to compensate expenses from the
15 initial exercise of duties associated with the filing of an
16 application.
17 b. An additional 5 percent if a land use hearing is
18 held pursuant to s. 403.508.
19 c. An additional 10 percent if a certification hearing
20 is held pursuant to s. 403.508.
21 3.a. Upon written request with proper itemized
22 accounting within 90 days after final agency action by the
23 board or withdrawal of the application, the agencies that
24 prepared reports pursuant to s. 403.507 or participated in a
25 hearing pursuant to s. 403.508, may submit a written request
26 to the department for reimbursement of expenses incurred
27 during the certification proceedings. The request shall
28 contain an accounting of expenses incurred which may include
29 time spent reviewing the application, the department shall
30 reimburse the Department of Community Affairs, the Fish and
31 Wildlife Conservation Commission, and any water management
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1 district created pursuant to chapter 373, regional planning
2 council, and local government in the jurisdiction of which the
3 proposed electrical power plant is to be located, and any
4 other agency from which the department requests special
5 studies pursuant to s. 403.507(2)(a)7. Such reimbursement
6 shall be authorized for the preparation of any studies
7 required of the agencies by this act, and for agency travel
8 and per diem to attend any hearing held pursuant to this act,
9 and for local government's or regional planning council's
10 provision of additional notice of the informational public
11 meetings governments to participate in the proceedings. The
12 department shall review the request and verify that the
13 expenses are valid. Valid expenses shall be reimbursed;
14 however, in the event the amount of funds available for
15 reimbursement allocation is insufficient to provide for full
16 compensation complete reimbursement to the agencies requesting
17 reimbursement, reimbursement shall be on a prorated basis.
18 b. If the application review is held in abeyance for
19 more than 1 year, the agencies may submit a request for
20 reimbursement.
21 4. If any sums are remaining, the department shall
22 retain them for its use in the same manner as is otherwise
23 authorized by this act; provided, however, that if the
24 certification application is withdrawn, the remaining sums
25 shall be refunded to the applicant within 90 days after
26 withdrawal.
27 (c)1. A certification modification fee, which shall
28 not exceed $30,000. The department shall establish rules for
29 determining such a fee based on the equipment redesign, change
30 in site size, type, increase in generating capacity proposed,
31 or change in an associated linear facility location.
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1 2. The fee shall be submitted to the department with a
2 formal petition for modification to the department pursuant to
3 s. 403.516. This fee shall be established, disbursed, and
4 processed in the same manner as the application fee in
5 paragraph (b), except that the Division of Administrative
6 Hearings shall not receive a portion of the fee unless the
7 petition for certification modification is referred to the
8 Division of Administrative Hearings for hearing. If the
9 petition is so referred, only $10,000 of the fee shall be
10 transferred to the Administrative Trust Fund of the Division
11 of Administrative Hearings of the Department of Management
12 Services. The fee for a modification by agreement filed
13 pursuant to s. 403.516(1)(b) shall be $10,000 to be paid upon
14 the filing of the request for modification. Any sums remaining
15 after payment of authorized costs shall be refunded to the
16 applicant within 90 days of issuance or denial of the
17 modification or withdrawal of the request for modification.
18 (d) A supplemental application fee, not to exceed
19 $75,000, to cover all reasonable expenses and costs of the
20 review, processing, and proceedings of a supplemental
21 application. This fee shall be established, disbursed, and
22 processed in the same manner as the certification application
23 fee in paragraph (b), except that only $20,000 of the fee
24 shall be transferred to the Administrative Trust Fund of the
25 Division of Administrative Hearings of the Department of
26 Management Services.
27 (e) An existing site certification application fee,
28 not to exceed $200,000, to cover all reasonable costs and
29 expenses of the review processing and proceedings for
30 certification of an existing power plant site under s.
31 403.5175. This fee must be established, disbursed, and
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1 processed in the same manner as the certification application
2 fee in paragraph (b).
3 (2) Effective upon the date commercial operation
4 begins, the operator of an electrical power plant certified
5 under this part is required to pay to the department an annual
6 operation license fee as specified in s. 403.0872(11) to be
7 deposited in the Air Pollution Control Trust Fund.
8 Section 40. Section 403.519, Florida Statutes, is
9 amended to read:
10 403.519 Exclusive forum for determination of need.--
11 (1) On request by an applicant or on its own motion,
12 the commission shall begin a proceeding to determine the need
13 for an electrical power plant subject to the Florida
14 Electrical Power Plant Siting Act.
15 (2) The applicant commission shall publish a notice of
16 the proceeding in a newspaper of general circulation in each
17 county in which the proposed electrical power plant will be
18 located. The notice shall be at least one-quarter of a page
19 and published at least 21 45 days prior to the scheduled date
20 for the proceeding. The commission shall publish notice of the
21 proceeding in the manner specified by chapter 120 at least 21
22 days prior to the scheduled date for the proceeding.
23 (3) The commission shall be the sole forum for the
24 determination of this matter, which accordingly shall not be
25 raised in any other forum or in the review of proceedings in
26 such other forum. In making its determination, the commission
27 shall take into account the need for electric system
28 reliability and integrity, the need for adequate electricity
29 at a reasonable cost, the need for fuel diversity and supply
30 reliability, and whether the proposed plant is the most
31 cost-effective alternative available. The commission shall
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1 also expressly consider the conservation measures taken by or
2 reasonably available to the applicant or its members which
3 might mitigate the need for the proposed plant and other
4 matters within its jurisdiction which it deems relevant. The
5 commission's determination of need for an electrical power
6 plant shall create a presumption of public need and necessity
7 and shall serve as the commission's report required by s.
8 403.407(2)(b) 403.507(2)(a)2. An order entered pursuant to
9 this section constitutes final agency action.
10 (4) Rule 25-22.082, Florida Administrative Code, does
11 not apply to an electrical power plant using nuclear materials
12 for fuel and an applicant for such a power plant is not
13 required to secure competitive proposals for a power supply
14 before applying for a certificate and filing a petition for
15 determination of need.
16 Section 41. Section 403.52, Florida Statutes, is
17 amended to read:
18 403.52 Short title.--Sections 403.52-403.5365 may be
19 cited as the "Florida Electric Transmission Line Siting Act."
20 Section 42. Section 403.521, Florida Statutes, is
21 amended to read:
22 403.521 Legislative intent.--The legislative intent of
23 this act is to establish a centralized and coordinated
24 licensing permitting process for the location of electric
25 transmission line corridors and the construction, operation,
26 and maintenance of electric transmission lines, which are
27 critical infrastructure facilities. This necessarily involves
28 several broad interests of the public addressed through the
29 subject matter jurisdiction of several agencies. The
30 Legislature recognizes that electric transmission lines will
31 have an effect upon the reliability of the electric power
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1 system, the environment, land use, and the welfare of the
2 population. Recognizing the need to ensure electric power
3 system reliability and integrity, and in order to meet
4 electric electrical energy needs in an orderly and timely
5 fashion, the centralized and coordinated licensing permitting
6 process established by this act is intended to further the
7 legislative goal of ensuring through available and reasonable
8 methods that the location of transmission line corridors and
9 the construction, operation, and maintenance of electric
10 transmission lines produce minimal adverse effects on the
11 environment and public health, safety, and welfare while not
12 unduly conflicting with the goals established by the
13 applicable local comprehensive plan. It is the intent of this
14 act to fully balance the need for transmission lines with the
15 broad interests of the public in order to effect a reasonable
16 balance between the need for the facility as a means of
17 providing reliable, economical, and efficient electric
18 abundant low-cost electrical energy and the impact on the
19 public and the environment resulting from the location of the
20 transmission line corridor and the construction, operation,
21 and maintenance of the transmission lines. The Legislature
22 intends that the provisions of chapter 120 apply to this act
23 and to proceedings under pursuant to it except as otherwise
24 expressly exempted by other provisions of this act.
25 Section 43. Section 403.522, Florida Statutes, is
26 amended to read:
27 403.522 Definitions relating to the Florida Electric
28 Transmission Line Siting Act.--As used in this act:
29 (1) "Act" means the Florida Electric Transmission Line
30 Siting Act.
31 (2) "Agency," as the context requires, means an
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1 official, officer, commission, authority, council, committee,
2 department, division, bureau, board, section, or other unit or
3 entity of government, including a county, municipality, or
4 other regional or local governmental entity.
5 (3) "Amendment" means a material change in information
6 provided by the applicant to the application for certification
7 made after the initial application filing.
8 (4) "Applicant" means any electric utility that which
9 applies for certification under pursuant to the provisions of
10 this act.
11 (5) "Application" means the documents required by the
12 department to be filed to initiate and support a certification
13 review and evaluation, including the initial document filing,
14 amendments, and responses to requests from the department for
15 additional data and information proceeding. An electric
16 utility may file a comprehensive application encompassing all
17 or a part of one or more proposed transmission lines.
18 (6) "Board" means the Governor and Cabinet sitting as
19 the siting board.
20 (7) "Certification" means the approval by the board of
21 the license for a corridor proper for certification pursuant
22 to subsection (10) and the construction, operation, and
23 maintenance of transmission lines within the such corridor
24 with the such changes or conditions as the siting board deems
25 appropriate. Certification shall be evidenced by a written
26 order of the board.
27 (8) "Commission" means the Florida Public Service
28 Commission.
29 (9) "Completeness" means that the application has
30 addressed all applicable sections of the prescribed
31 application format and, but does not mean that those sections
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1 are sufficient in comprehensiveness of data or in quality of
2 information provided to allow the department to determine
3 whether the application provides the reviewing agencies
4 adequate information to prepare the reports required by s.
5 403.526.
6 (10) "Corridor" means the proposed area within which a
7 transmission line right-of-way, including maintenance and
8 access roads, is to be located. The width of the corridor
9 proposed for certification by an applicant or other party, at
10 the option of the applicant, may be the width of the
11 transmission line right-of-way, or a wider boundary, not to
12 exceed a width of 1 mile. The area within the corridor in
13 which a right-of-way may be located may be further restricted
14 by a condition of certification. After all property interests
15 required for the transmission line right-of-way and
16 maintenance and access roads have been acquired by the
17 applicant, the boundaries of the area certified shall narrow
18 to only that land within the boundaries of the transmission
19 line right-of-way. The corridors proper for certification
20 shall be those addressed in the application, in amendments to
21 the application filed under pursuant to s. 403.5275, and in
22 notices of acceptance of proposed alternate corridors filed by
23 an applicant and the department pursuant to s. 403.5271 for
24 which the required sufficient information for the preparation
25 of agency supplemental reports was filed.
26 (11) "Department" means the Department of
27 Environmental Protection.
28 (12) "Electric utility" means cities and towns,
29 counties, public utility districts, regulated electric
30 companies, electric cooperatives, regional transmission
31 organizations, operators of independent transmission systems,
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1 or other transmission organizations approved by the Federal
2 Energy Regulatory Commission or the commission for the
3 operation of transmission facilities, and joint operating
4 agencies, or combinations thereof, engaged in, or authorized
5 to engage in, the business of generating, transmitting, or
6 distributing electric energy.
7 (13) "License" means a franchise, permit,
8 certification, registration, charter, comprehensive plan
9 amendment, development order, or permit as defined in chapters
10 163 and 380, or similar form of authorization required by law,
11 but it does not include a license required primarily for
12 revenue purposes when issuance of the license is merely a
13 ministerial act.
14 (14) "Licensee" means an applicant that has obtained a
15 certification order for the subject project.
16 (15)(14) "Local government" means a municipality or
17 county in the jurisdiction of which the project is proposed to
18 be located.
19 (16) "Maintenance and access roads" mean roads
20 constructed within the transmission line right-of-way. Nothing
21 in this act prohibits an applicant from constructing a road to
22 support construction, operation, or maintenance of the
23 transmission line that lies outside the transmission line
24 right-of-way.
25 (17)(15) "Modification" means any change in the
26 certification order after issuance, including a change in the
27 conditions of certification.
28 (18)(16) "Nonprocedural requirements of agencies"
29 means any agency's regulatory requirements established by
30 statute, rule, ordinance, or comprehensive plan, excluding any
31 provisions prescribing forms, fees, procedures, or time limits
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1 for the review or processing of information submitted to
2 demonstrate compliance with such regulatory requirements.
3 (19)(17) "Person" means an individual, partnership,
4 joint venture, private or public corporation, association,
5 firm, public service company, political subdivision, municipal
6 corporation, government agency, public utility district, or
7 any other entity, public or private, however organized.
8 (20)(18) "Preliminary statement of issues" means a
9 listing and explanation of those issues within the agency's
10 jurisdiction which are of major concern to the agency in
11 relation to the proposed electric electrical transmission line
12 corridor.
13 (21)(19) "Regional planning council" means a regional
14 planning council as defined in s. 186.503(4) in the
15 jurisdiction of which the project is proposed to be located.
16 (20) "Sufficiency" means that the application is not
17 only complete but that all sections are adequate in the
18 comprehensiveness of data and in the quality of information
19 provided to allow the department to determine whether the
20 application provides the reviewing agencies adequate
21 information to prepare the reports authorized by s. 403.526.
22 (22)(21) "Transmission line" or "electric transmission
23 line" means structures, maintenance and access roads, and all
24 other facilities that need to be constructed, operated, or
25 maintained for the purpose of conveying electric power any
26 electrical transmission line extending from, but not
27 including, an existing or proposed substation or power plant
28 to, but not including, an existing or proposed transmission
29 network or rights-of-way or substation to which the applicant
30 intends to connect which defines the end of the proposed
31 project and which is designed to operate at 230 kilovolts or
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1 more. The starting point and ending point of a transmission
2 line must be specifically defined by the applicant and must be
3 verified by the commission in its determination of need. A
4 transmission line includes structures and maintenance and
5 access roads that need to be constructed for the project to
6 become operational. The transmission line may include, at the
7 applicant's option, any proposed terminal or intermediate
8 substations or substation expansions necessary to serve the
9 transmission line.
10 (23)(22) "Transmission line right-of-way" means land
11 necessary for the construction, operation, and maintenance of
12 a transmission line. The typical width of the right-of-way
13 shall be identified in the application. The right-of-way shall
14 be located within the certified corridor and shall be
15 identified by the applicant subsequent to certification in
16 documents filed with the department before prior to
17 construction.
18 (24)(23) "Water management district" means a water
19 management district created pursuant to chapter 373 in the
20 jurisdiction of which the project is proposed to be located.
21 Section 44. Section 403.523, Florida Statutes, is
22 amended to read:
23 403.523 Department of Environmental Protection; powers
24 and duties.--The department has shall have the following
25 powers and duties:
26 (1) To adopt procedural rules pursuant to ss.
27 120.536(1) and 120.54 to administer implement the provisions
28 of this act and to adopt or amend rules to implement the
29 provisions of subsection (10).
30 (2) To prescribe the form and content of the public
31 notices and the form, content, and necessary supporting
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1 documentation, and any required studies, for certification
2 applications. All such data and studies shall be related to
3 the jurisdiction of the agencies relevant to the application.
4 (3) To receive applications for transmission line and
5 corridor certifications and initially determine the
6 completeness and sufficiency thereof.
7 (4) To make or contract for studies of certification
8 applications. All such studies shall be related to the
9 jurisdiction of the agencies relevant to the application. For
10 studies in areas outside the jurisdiction of the department
11 and in the jurisdiction of another agency, the department may
12 initiate such studies, but only with the consent of the such
13 agency.
14 (5) To administer the processing of applications for
15 certification and ensure that the applications, including
16 postcertification reviews, are processed on an expeditious and
17 priority basis as expeditiously as possible.
18 (6) To collect and process require such fees as
19 allowed by this act.
20 (7) To prepare a report and project written analysis
21 as required by s. 403.526.
22 (8) To prescribe the means for monitoring the effects
23 arising from the location of the transmission line corridor
24 and the construction, operation, and maintenance of the
25 transmission lines to assure continued compliance with the
26 terms of the certification.
27 (9) To make a determination of acceptability of any
28 alternate corridor proposed for consideration under pursuant
29 to s. 403.5271.
30 (10) To set requirements that reasonably protect the
31 public health and welfare from the electric and magnetic
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1 fields of transmission lines for which an application is filed
2 under after the effective date of this act.
3 (11) To present rebuttal evidence on any issue
4 properly raised at the certification hearing.
5 (12) To issue final orders after receipt of the
6 administrative law judge's order relinquishing jurisdiction
7 pursuant to s. 403.527(6).
8 (13) To act as clerk for the siting board.
9 (14) To administer and manage the terms and conditions
10 of the certification order and supporting documents and
11 records for the life of the facility.
12 (15) To issue emergency orders on behalf of the board
13 for facilities licensed under this act.
14 Section 45. Section 403.524, Florida Statutes, is
15 amended to read:
16 403.524 Applicability; and certification;
17 exemptions.--
18 (1) The provisions of This act applies apply to each
19 transmission line, except a transmission line certified under
20 pursuant to the Florida Electrical Power Plant Siting Act.
21 (2) Except as provided in subsection (1), no
22 construction of a any transmission line may not be undertaken
23 without first obtaining certification under this act, but the
24 provisions of this act does do not apply to:
25 (a) Transmission lines for which development approval
26 has been obtained under pursuant to chapter 380.
27 (b) Transmission lines that which have been exempted
28 by a binding letter of interpretation issued under s.
29 380.06(4), or in which the Department of Community Affairs or
30 its predecessor agency has determined the utility to have
31 vested development rights within the meaning of s. 380.05(18)
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1 or s. 380.06(20).
2 (c) Transmission line development in which all
3 construction is limited to established rights-of-way.
4 Established rights-of-way include such rights-of-way
5 established at any time for roads, highways, railroads, gas,
6 water, oil, electricity, or sewage and any other public
7 purpose rights-of-way. If an established transmission line
8 right-of-way is used to qualify for this exemption, the
9 transmission line right-of-way must have been established at
10 least 5 years before notice of the start of construction under
11 subsection (4) of the proposed transmission line. If an
12 established transmission line right-of-way is relocated to
13 accommodate a public project, the date the original
14 transmission line right-of-way was established applies to the
15 relocated transmission line right-of-way for purposes of this
16 exemption. Except for transmission line rights-of-way,
17 established rights-of-way include rights-of-way created before
18 or after October 1, 1983. For transmission line rights-of-way,
19 established rights-of-way include rights-of-way created before
20 October 1, 1983.
21 (d) Unless the applicant has applied for certification
22 under this act, transmission lines that which are less than 15
23 miles in length or are located in a single which do not cross
24 a county within the state line, unless the applicant has
25 elected to apply for certification under the act.
26 (3) The exemption of a transmission line under this
27 act does not constitute an exemption for the transmission line
28 from other applicable permitting processes under other
29 provisions of law or local government ordinances.
30 (4) An electric A utility shall notify the department
31 in writing, before prior to the start of construction, of its
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1 intent to construct a transmission line exempted under
2 pursuant to this section. The Such notice is shall be only for
3 information purposes, and no action by the department is not
4 shall be required pursuant to the such notice. This notice may
5 be included in any submittal filed with the department before
6 the start of construction demonstrating that a new
7 transmission line complies with the applicable electric and
8 magnetic field standards.
9 Section 46. Section 403.525, Florida Statutes, is
10 amended to read:
11 403.525 Appointment of Administrative law judge;
12 appointment; powers and duties.--
13 (1)(a) Within 7 days after receipt of an application,
14 whether complete or not, the department shall request the
15 Division of Administrative Hearings to designate an
16 administrative law judge to conduct the hearings required by
17 this act.
18 (b) The division director shall designate an
19 administrative law judge to conduct the hearings required by
20 this act within 7 days after receipt of the request from the
21 department. Whenever practicable, the division director shall
22 assign an administrative law judge who has had prior
23 experience or training in this type of certification
24 proceeding.
25 (c) Upon being advised that an administrative law
26 judge has been designated, the department shall immediately
27 file a copy of the application and all supporting documents
28 with the administrative law judge, who shall docket the
29 application.
30 (2) The administrative law judge has all powers and
31 duties granted to administrative law judges under chapter 120
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1 and by the laws and rules of the department.
2 Section 47. Section 403.5251, Florida Statutes, is
3 amended to read:
4 403.5251 Distribution of Application; schedules.--
5 (1)(a) The formal date of the filing of the
6 application for certification and commencement of the review
7 process for certification is the date on which the applicant
8 submits:
9 1. Copies of the application for certification in a
10 quantity and format, electronic or otherwise as prescribed by
11 rule, to the department and other agencies identified in s.
12 403.526(2); and
13 2. The application fee as specified under s. 403.5365
14 to the department.
15
16 The department shall provide to the applicant and the Division
17 of Administrative Hearings the names and addresses of any
18 additional agencies or persons entitled to notice and copies
19 of the application and amendments, if any, within 7 days after
20 receiving the application for certification and the
21 application fees.
22 (b) In the application, the starting point and ending
23 point of a transmission line must be specifically defined by
24 the applicant. Within 7 days after the filing of an
25 application, the department shall provide the applicant and
26 the Division of Administrative Hearings the names and
27 addresses of those affected or other agencies entitled to
28 notice and copies of the application and any amendments.
29 (2) Within 15 7 days after the formal date of the
30 application filing completeness has been determined, the
31 department shall prepare a proposed schedule of dates for
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1 determination of completeness, submission of statements of
2 issues, determination of sufficiency, and submittal of final
3 reports, from affected and other agencies and other
4 significant dates to be followed during the certification
5 process, including dates for filing notices of appearances to
6 be a party under s. 403.527(2) pursuant to s. 403.527(4). This
7 schedule shall be provided by the department to the applicant,
8 the administrative law judge, and the agencies identified
9 under pursuant to subsection (1). Within 7 days after the
10 filing of this proposed schedule, the administrative law judge
11 shall issue an order establishing a schedule for the matters
12 addressed in the department's proposed schedule and other
13 appropriate matters, if any.
14 (3) Within 7 days after completeness has been
15 determined, the applicant shall distribute copies of the
16 application to all agencies identified by the department
17 pursuant to subsection (1). Copies of changes and amendments
18 to the application shall be timely distributed by the
19 applicant to all agencies and parties who have received a copy
20 of the application.
21 (4) Notice of the filing of the application shall be
22 made in accordance with the requirements of s. 403.5363.
23 Section 48. Section 403.5252, Florida Statutes, is
24 amended to read:
25 403.5252 Determination of completeness.--
26 (1)(a) Within 30 days after distribution of an
27 application, the affected agencies shall file a statement with
28 the department containing the recommendations of each agency
29 concerning the completeness of the application for
30 certification.
31 (b) Within 7 15 days after receipt of the completeness
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1 statements of each agency an application, the department shall
2 file a statement with the Division of Administrative Hearings,
3 and with the applicant, and with all parties declaring its
4 position with regard to the completeness, not the sufficiency,
5 of the application. The statement of the department shall be
6 based upon its consultation with the affected agencies.
7 (2)(1) If the department declares the application to
8 be incomplete, the applicant, within 14 15 days after the
9 filing of the statement by the department, shall file with the
10 Division of Administrative Hearings, with all parties, and
11 with the department a statement:
12 (a) A withdrawal of Agreeing with the statement of the
13 department and withdrawing the application;
14 (b) Additional information necessary to make the
15 application complete. After the department first determines
16 the application to be incomplete, the time schedules under
17 this act are not tolled if the applicant makes the application
18 complete within the 14-day period. A subsequent finding by the
19 department that the application remains incomplete tolls the
20 time schedules under this act until the application is
21 determined complete; Agreeing with the statement of the
22 department and agreeing to amend the application without
23 withdrawing it. The time schedules referencing a complete
24 application under this act shall not commence until the
25 application is determined complete; or
26 (c) A statement contesting the department's
27 determination of incompleteness; or statement of the
28 department.
29 (d) A statement agreeing with the department and
30 requesting additional time to provide the information
31 necessary to make the application complete. If the applicant
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1 exercises this option, the time schedules under this act are
2 tolled until the application is determined complete.
3 (3)(a)(2) If the applicant contests the determination
4 by the department that an application is incomplete, the
5 administrative law judge shall schedule a hearing on the
6 statement of completeness. The hearing shall be held as
7 expeditiously as possible, but not later than 21 30 days after
8 the filing of the statement by the department. The
9 administrative law judge shall render a decision within 7 10
10 days after the hearing.
11 (b) Parties to a hearing on the issue of completeness
12 shall include the applicant, the department, and any agency
13 that has jurisdiction over the matter in dispute. Any
14 substantially affected person who wishes to become a party to
15 the hearing on the issue of completeness must file a motion no
16 later than 10 days before the date of the hearing.
17 (c)(a) If the administrative law judge determines that
18 the application was not complete as filed, the applicant shall
19 withdraw the application or make such additional submittals as
20 necessary to complete it. The time schedules referencing a
21 complete application under this act do shall not commence
22 until the application is determined complete.
23 (d)(b) If the administrative law judge determines that
24 the application was complete at the time it was declared
25 incomplete filed, the time schedules referencing a complete
26 application under this act shall commence upon such
27 determination.
28 (4) If the applicant provides additional information
29 to address the issues identified in the determination of
30 incompleteness, each affected agency may submit to the
31 department, no later than 14 days after the applicant files
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1 the additional information, a recommendation on whether the
2 agency believes the application is complete. Within 21 days
3 after receipt of the additional information from the applicant
4 submitted under paragraphs (2)(b), (2)(d), or (3)(c) and
5 considering the recommendations of the affected agencies, the
6 department shall determine whether the additional information
7 supplied by an applicant makes the application complete. If
8 the department finds that the application is still incomplete,
9 the applicant may exercise any of the options specified in
10 subsection (2) as often as is necessary to resolve the
11 dispute.
12 Section 49. Section 403.526, Florida Statutes, is
13 amended to read:
14 403.526 Preliminary statements of issues, reports, and
15 project analyses; and studies.--
16 (1) Each affected agency that is required to file a
17 report which received an application in accordance with this
18 section s. 403.5251(3) shall submit a preliminary statement of
19 issues to the department and all parties the applicant no
20 later than 50 60 days after the filing distribution of the
21 complete application. Such statements of issues shall be made
22 available to each local government for use as information for
23 public meetings held under pursuant to s. 403.5272. The
24 failure to raise an issue in this preliminary statement of
25 issues does shall not preclude the issue from being raised in
26 the agency's report.
27 (2)(a) The following affected agencies shall prepare
28 reports as provided below and shall submit them to the
29 department and the applicant no later than within 90 days
30 after the filing distribution of the complete application:
31 1. The department shall prepare a report as to the
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1 impact of each proposed transmission line or corridor as it
2 relates to matters within its jurisdiction.
3 2. Each water management district in the jurisdiction
4 of which a proposed transmission line or corridor is to be
5 located shall prepare a report as to the impact on water
6 resources and other matters within its jurisdiction.
7 3. The Department of Community Affairs shall prepare a
8 report containing recommendations which address the impact
9 upon the public of the proposed transmission line or corridor,
10 based on the degree to which the proposed transmission line or
11 corridor is consistent with the applicable portions of the
12 state comprehensive plan, emergency management, and other
13 matters within its jurisdiction. The Department of Community
14 Affairs may also comment on the consistency of the proposed
15 transmission line or corridor with applicable strategic
16 regional policy plans or local comprehensive plans and land
17 development regulations.
18 4. The Fish and Wildlife Conservation Commission shall
19 prepare a report as to the impact of each proposed
20 transmission line or corridor on fish and wildlife resources
21 and other matters within its jurisdiction.
22 5. Each local government shall prepare a report as to
23 the impact of each proposed transmission line or corridor on
24 matters within its jurisdiction, including the consistency of
25 the proposed transmission line or corridor with all applicable
26 local ordinances, regulations, standards, or criteria that
27 apply to the proposed transmission line or corridor, including
28 local comprehensive plans, zoning regulations, land
29 development regulations, and any applicable local
30 environmental regulations adopted pursuant to s. 403.182 or by
31 other means. A No change by the responsible local government
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1 or local agency in local comprehensive plans, zoning
2 ordinances, or other regulations made after the date required
3 for the filing of the local government's report required by
4 this section is not shall be applicable to the certification
5 of the proposed transmission line or corridor unless the
6 certification is denied or the application is withdrawn.
7 6. Each regional planning council shall present a
8 report containing recommendations that address the impact upon
9 the public of the proposed transmission line or corridor based
10 on the degree to which the transmission line or corridor is
11 consistent with the applicable provisions of the strategic
12 regional policy plan adopted under pursuant to chapter 186 and
13 other impacts of each proposed transmission line or corridor
14 on matters within its jurisdiction.
15 7. The Department of Transportation shall prepare a
16 report as to the impact of the proposed transmission line or
17 corridor on state roads, railroads, airports, aeronautics,
18 seaports, and other matters within its jurisdiction.
19 8. The commission shall prepare a report containing
20 its determination under s. 403.537 and the report may include
21 the comments from the commission with respect to any other
22 subject within its jurisdiction.
23 9. Any other agency, if requested by the department,
24 shall also perform studies or prepare reports as to subjects
25 within the jurisdiction of the agency which may potentially be
26 affected by the proposed transmission line.
27 (b) Each report must shall contain:
28 1. A notice of any nonprocedural requirements not
29 specifically listed in the application from which a variance,
30 exemption, exception, or other relief is necessary in order
31 for the proposed corridor to be certified. Failure to include
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1 the notice shall be treated as a waiver from the nonprocedural
2 requirements of that agency.
3 2. A recommendation for approval or denial of the
4 application.
5 3. The information on variances required by s.
6 403.531(2) and proposed conditions of certification on matters
7 within the jurisdiction of each agency. For each condition
8 proposed by an agency, the agency shall list the specific
9 statute, rule, or ordinance, as applicable, which authorizes
10 the proposed condition.
11 (c) Each reviewing agency shall initiate the
12 activities required by this section no later than 15 days
13 after the complete application is filed distributed. Each
14 agency shall keep the applicant and the department informed as
15 to the progress of its studies and any issues raised thereby.
16 (d) Receipt of an affirmative determination of need
17 from the commission by the submittal deadline for agency
18 reports under paragraph (a) is a condition precedent to
19 further processing of the application.
20 (3) The department shall prepare a project written
21 analysis containing which contains a compilation of agency
22 reports and summaries of the material contained therein which
23 shall be filed with the administrative law judge and served on
24 all parties no later than 115 135 days after the application
25 is filed complete application has been distributed to the
26 affected agencies, and which shall include:
27 (a) A statement indicating whether the proposed
28 electric transmission line will be in compliance with the
29 rules of the department and affected agencies.
30 (b)(a) The studies and reports required by this
31 section and s. 403.537.
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1 (c)(b) Comments received from any other agency or
2 person.
3 (d)(c) The recommendation of the department as to the
4 disposition of the application, of variances, exemptions,
5 exceptions, or other relief identified by any party, and of
6 any proposed conditions of certification which the department
7 believes should be imposed.
8 (4) The failure of any agency to submit a preliminary
9 statement of issues or a report, or to submit its preliminary
10 statement of issues or report within the allowed time, is
11 shall not be grounds for the alteration of any time limitation
12 in this act under pursuant to s. 403.528. Neither The failure
13 to submit a preliminary statement of issues or a report, or
14 nor the inadequacy of the preliminary statement of issues or
15 report, are not shall be grounds to deny or condition
16 certification.
17 Section 50. Section 403.527, Florida Statutes, is
18 amended to read:
19 (Substantial rewording of section. See
20 s. 403.527, F.S., for present text.)
21 403.527 Certification hearing, parties,
22 participants.--
23 (1)(a) No later than 145 days after the application is
24 filed, the administrative law judge shall conduct a
25 certification hearing pursuant to ss. 120.569 and 120.57 at a
26 central location in proximity to the proposed transmission
27 line or corridor.
28 (b) Notice of the certification hearing and other
29 public hearings provided for in this section and notice of the
30 deadline for filing of notice of intent to be a party shall be
31 made in accordance with the requirements of s. 403.5363.
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1 (2)(a) Parties to the proceeding shall be:
2 1. The applicant.
3 2. The department.
4 3. The commission.
5 4. The Department of Community Affairs.
6 5. The Fish and Wildlife Conservation Commission.
7 6. The Department of Transportation.
8 7. Each water management district in the jurisdiction
9 of which the proposed transmission line or corridor is to be
10 located.
11 8. The local government.
12 9. The regional planning council.
13 (b) Any party listed in paragraph (a), other than the
14 department or the applicant, may waive its right to
15 participate in these proceedings. If any listed party fails to
16 file a notice of its intent to be a party on or before the
17 30th day before the certification hearing, the party is deemed
18 to have waived its right to be a party unless its
19 participation would not prejudice the rights of any party to
20 the proceeding.
21 (c) Notwithstanding the provisions of chapter 120 to
22 the contrary, upon the filing with the administrative law
23 judge of a notice of intent to be a party by an agency,
24 corporation, or association described in subparagraphs 1. and
25 2. or a petition for intervention by a person described in
26 subparagraph 3. no later than 30 days before the date set for
27 the certification hearing, the following shall also be parties
28 to the proceeding:
29 1. Any agency not listed in paragraph (a) as to
30 matters within its jurisdiction.
31 2. Any domestic nonprofit corporation or association
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1 formed, in whole or in part, to promote conservation of
2 natural beauty; to protect the environment, personal health,
3 or other biological values; to preserve historical sites; to
4 promote consumer interests; to represent labor, commercial, or
5 industrial groups; or to promote comprehensive planning or
6 orderly development of the area in which the proposed
7 transmission line or corridor is to be located.
8 3. Any person whose substantial interests are affected
9 and being determined by the proceeding.
10 (d) Any agency whose properties or works may be
11 affected shall be made a party upon the request of the agency
12 or any party to this proceeding.
13 (3)(a) The order of presentation at the certification
14 hearing, unless otherwise changed by the administrative law
15 judge to ensure the orderly presentation of witnesses and
16 evidence, shall be:
17 1. The applicant.
18 2. The department.
19 3. State agencies.
20 4. Regional agencies, including regional planning
21 councils and water management districts.
22 5. Local governments.
23 6. Other parties.
24 (b) When appropriate, any person may be given an
25 opportunity to present oral or written communications to the
26 administrative law judge. If the administrative law judge
27 proposes to consider such communications, all parties shall be
28 given an opportunity to cross-examine, challenge, or rebut the
29 communications.
30 (4) One public hearing where members of the public who
31 are not parties to the certification hearing may testify shall
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1 be held within the boundaries of each county, at the option of
2 any local government.
3 (a) A local government shall notify the administrative
4 law judge and all parties not later than 21 days after the
5 application has been determined complete as to whether the
6 local government wishes to have a public hearing. If a filing
7 for an alternate corridor is accepted for consideration under
8 s. 403.5271(1) by the department and the applicant, any newly
9 affected local government must notify the administrative law
10 judge and all parties not later than 10 days after the data
11 concerning the alternate corridor has been determined complete
12 as to whether the local government wishes to have such a
13 public hearing. The local government is responsible for
14 providing the location of the public hearing if held
15 separately from the certification hearing.
16 (b) Within 5 days after notification, the
17 administrative law judge shall determine the date of the
18 public hearing, which shall be held before or during the
19 certification hearing. If two or more local governments within
20 one county request a public hearing, the hearing shall be
21 consolidated so that only one public hearing is held in any
22 county. The location of a consolidated hearing shall be
23 determined by the administrative law judge.
24 (c) If a local government does not request a public
25 hearing within 21 days after the application has been
26 determined complete, persons residing within the jurisdiction
27 of the local government may testify during that portion of the
28 certification hearing at which public testimony is heard.
29 (5) At the conclusion of the certification hearing,
30 the administrative law judge shall, after consideration of all
31 evidence of record, issue a recommended order disposing of the
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1 application no later than 45 days after the transcript of the
2 certification hearing and the public hearings is filed with
3 the Division of Administrative Hearings.
4 (6)(a) No later than 25 days before the certification
5 hearing, the department or the applicant may request that the
6 administrative law judge cancel the certification hearing and
7 relinquish jurisdiction to the department if all parties to
8 the proceeding stipulate that there are no disputed issues of
9 material fact to be raised at the certification hearing.
10 (b) The administrative law judge shall issue an order
11 granting or denying the request within 5 days.
12 (c) If the administrative law judge grants the
13 request, the department and the applicant shall publish
14 notices of the cancellation of the certification hearing in
15 accordance with s. 403.5363.
16 (d)1. If the administrative law judge grants the
17 request, the department shall prepare and issue a final order
18 in accordance with s. 403.529(1)(a).
19 2. Parties may submit proposed final orders to the
20 department no later than 10 days after the administrative law
21 judge issues an order relinquishing jurisdiction.
22 (7) The applicant shall pay those expenses and costs
23 associated with the conduct of the hearing and the recording
24 and transcription of the proceedings.
25 Section 51. Section 403.5271, Florida Statutes, is
26 amended to read:
27 403.5271 Alternate corridors.--
28 (1) No later than 45 50 days before prior to the
29 originally scheduled certification hearing, any party may
30 propose alternate transmission line corridor routes for
31 consideration under pursuant to the provisions of this act.
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1 (a) A notice of a any such proposed alternate corridor
2 must shall be filed with the administrative law judge, all
3 parties, and any local governments in whose jurisdiction the
4 alternate corridor is proposed. The Such filing must shall
5 include the most recent United States Geological Survey
6 1:24,000 quadrangle maps specifically delineating the corridor
7 boundaries, a description of the proposed corridor, and a
8 statement of the reasons the proposed alternate corridor
9 should be certified.
10 (b)1. Within 7 days after receipt of the such notice,
11 the applicant and the department shall file with the
12 administrative law judge and all parties a notice of
13 acceptance or rejection of a proposed alternate corridor for
14 consideration. If the alternate corridor is rejected either by
15 the applicant or the department, the certification hearing and
16 the public hearings shall be held as scheduled. If both the
17 applicant and the department accept a proposed alternate
18 corridor for consideration, the certification hearing and the
19 public hearings shall be rescheduled, if necessary.
20 2. If rescheduled, the certification hearing shall be
21 held no more than 90 days after the previously scheduled
22 certification hearing, unless the data submitted under
23 paragraph (d) is determined to be incomplete, in which case
24 the rescheduled certification hearing shall be held no more
25 than 105 days after the previously scheduled certification
26 hearing. If additional time is needed due to the alternate
27 corridor crossing a local government jurisdiction that was not
28 previously affected, in which case the remainder of the
29 schedule listed below shall be appropriately adjusted by the
30 administrative law judge to allow that local government to
31 prepare a report pursuant to s. 403.526(2)(a)5.
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1 (c) Notice of the filing of the alternate corridor, of
2 the revised time schedules, of the deadline for newly affected
3 persons and agencies to file notice of intent to become a
4 party, of the rescheduled hearing date, and of the proceedings
5 pursuant to s. 403.527(1)(b) and (c) shall be published in
6 accordance with s. 403.5363.
7 (d) Within 21 25 days after acceptance of an alternate
8 corridor by the department and the applicant, the party
9 proposing an alternate corridor shall have the burden of
10 providing all additional data to the agencies listed in s.
11 403.526(2) and newly affected agencies s. 403.526 necessary
12 for the preparation of a supplementary report on the proposed
13 alternate corridor.
14 (e)1. Reviewing agencies shall advise the department
15 of any issues concerning completeness no later than 15 days
16 after the submittal of the data required by paragraph (d).
17 Within 22 days after receipt of the data, the department shall
18 issue a determination of completeness.
19 2. If the department determines that the data required
20 by paragraph (d) is not complete, the party proposing the
21 alternate corridor must file such additional data to correct
22 the incompleteness. This additional data must be submitted
23 within 14 days after the determination by the department.
24 3. If the department, within 14 days after receiving
25 the additional data, determines that the data remains
26 incomplete, the incompleteness of the data is deemed a
27 withdrawal of the proposed alternate corridor. The department
28 may make its determination based on recommendations made by
29 other affected agencies. If the department determines within
30 15 days that this additional data is insufficient, the party
31 proposing the alternate corridor shall file such additional
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1 data that corrects the insufficiency within 15 days after the
2 filing of the department's determination. If such additional
3 data is determined insufficient, such insufficiency of data
4 shall be deemed a withdrawal of the proposed alternate
5 corridor. The party proposing an alternate corridor shall have
6 the burden of proof on the certifiability of the alternate
7 corridor at the certification hearing pursuant to s.
8 403.529(4). Nothing in this act shall be construed as
9 requiring the applicant or agencies not proposing the
10 alternate corridor to submit data in support of such alternate
11 corridor.
12 (f) The agencies listed in s. 403.526(2) and any newly
13 affected agencies s. 403.526 shall file supplementary reports
14 with the applicant and the department which address addressing
15 the proposed alternate corridors no later than 24 60 days
16 after the additional data is submitted pursuant to paragraph
17 (d) or paragraph (e) is determined to be complete.
18 (g) The agency reports on alternate corridors must
19 include all information required by s. 403.526(2) agencies
20 shall submit supplementary notice pursuant to s. 403.531(2) at
21 the time of filing of their supplemental report.
22 (h) The department shall file with the administrative
23 law judge, the applicant, and all parties a project prepare a
24 written analysis consistent with s. 403.526(3) no more than 16
25 at least 29 days after submittal of agency reports on prior to
26 the rescheduled certification hearing addressing the proposed
27 alternate corridor.
28 (2) If the original certification hearing date is
29 rescheduled, the rescheduling shall not provide the
30 opportunity for parties to file additional alternate corridors
31 to the applicant's proposed corridor or any accepted alternate
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1 corridor. However, an amendment to the application which
2 changes the alignment of the applicant's proposed corridor
3 shall require rescheduling of the certification hearing, if
4 necessary, so as to allow time for a party to file alternate
5 corridors to the realigned proposed corridor for which the
6 application has been amended. Any such alternate corridor
7 proposal shall have the same starting and ending points as the
8 realigned portion of the corridor proposed by the applicant's
9 amendment, provided that the administrative law judge for good
10 cause shown may authorize another starting or ending point in
11 the area of the applicant's amended corridor.
12 (3)(a) Notwithstanding the rejection of a proposed
13 alternate corridor by the applicant or the department, any
14 party may present evidence at the certification hearing to
15 show that a corridor proper for certification does not satisfy
16 the criteria listed in s. 403.529 or that a rejected alternate
17 corridor would meet the criteria set forth in s. 403.529. No
18 Evidence may not shall be admitted at the certification
19 hearing on any alternate corridor, unless the alternate
20 corridor was proposed by the filing of a notice at least 45 50
21 days before prior to the originally scheduled certification
22 hearing pursuant to this section. Rejected alternate corridors
23 shall be considered by the board as provided in s. 403.529(4)
24 and (5).
25 (b) The party proposing an alternate corridor has the
26 burden to prove that the alternate corridor can be certified
27 at the certification hearing. This act does not require an
28 applicant or agency that is not proposing the alternate
29 corridor to submit data in support of the alternate corridor.
30 (4) If an alternate corridor is accepted by the
31 applicant and the department pursuant to a notice of
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1 acceptance as provided in this subsection and the such
2 corridor is ultimately determined to be the corridor that
3 would meet the criteria set forth in s. 403.529(4) and (5),
4 the board shall certify that corridor.
5 Section 52. Section 403.5272, Florida Statutes, is
6 amended to read:
7 403.5272 Local governments; Informational public
8 meetings.--
9 (1) A local government whose jurisdiction is to be
10 crossed by a proposed corridor governments may hold one
11 informational public meeting meetings in addition to the
12 hearings specifically authorized by this act on any matter
13 associated with the transmission line proceeding. The Such
14 informational public meeting may be conducted by the local
15 government or the regional planning council and shall meetings
16 should be held no later than 55 80 days after the application
17 is filed. The purpose of an informational public meeting is
18 for the local government or regional planning council to
19 further inform the general public about the transmission line
20 proposed, obtain comments from the public, and formulate its
21 recommendation with respect to the proposed transmission line.
22 (2) Informational public meetings shall be held solely
23 at the option of each local government or regional planning
24 council. It is the legislative intent that local governments
25 or regional planning councils attempt to hold such public
26 meetings. Parties to the proceedings under this act shall be
27 encouraged to attend; however, a no party other than the
28 applicant and the department is not shall be required to
29 attend the such informational public meetings hearings.
30 (3) A local government or regional planning council
31 that intends to conduct an informational public meeting must
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1 provide notice of the meeting, with notice sent to all parties
2 listed in s. 403.527(2)(a), not less than 5 days before the
3 meeting.
4 (4)(3) The failure to hold an informational public
5 meeting or the procedure used for the informational public
6 meeting are shall not be grounds for the alteration of any
7 time limitation in this act under pursuant to s. 403.528 or
8 grounds to deny or condition certification.
9 Section 53. Section 403.5275, Florida Statutes, is
10 amended to read:
11 403.5275 Amendment to the application.--
12 (1) Any amendment made to the application before
13 certification shall be sent by the applicant to the
14 administrative law judge and to all parties to the proceeding.
15 (2) Any amendment to the application made before prior
16 to certification shall be disposed of as part of the original
17 certification proceeding. Amendment of the application may be
18 considered "good cause" for alteration of time limits pursuant
19 to s. 403.528.
20 Section 54. Section 403.528, Florida Statutes, is
21 amended to read:
22 403.528 Alteration of time limits.--
23 (1) Any time limitation in this act may be altered by
24 the administrative law judge upon stipulation between the
25 department and the applicant unless objected to by any party
26 within 5 days after notice or for good cause shown by any
27 party.
28 (2) A comprehensive application encompassing more than
29 one proposed transmission line may be good cause for
30 alternation of time limits.
31 Section 55. Section 403.529, Florida Statutes, is
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1 amended to read:
2 403.529 Final disposition of application.--
3 (1)(a) If the administrative law judge has granted a
4 request to cancel the certification hearing and has
5 relinquished jurisdiction to the department under s.
6 403.527(6), within 40 days thereafter, the secretary of the
7 department shall act upon the application by written order in
8 accordance with the terms of this act and state the reasons
9 for issuance or denial.
10 (b) If the administrative law judge does not grant a
11 request to cancel the certification hearing under the
12 provisions of s. 403.527(6) within 60 30 days after receipt of
13 the administrative law judge's recommended order, the board
14 shall act upon the application by written order, approving in
15 whole, approving with such conditions as the board deems
16 appropriate, or denying the certification and stating the
17 reasons for issuance or denial.
18 (2) The issues that may be raised in any hearing
19 before the board shall be limited to matters raised in the
20 certification proceeding before the administrative law judge
21 or raised in the recommended order of the administrative law
22 judge. All parties, or their representatives, or persons who
23 appear before the board shall be subject to the provisions of
24 s. 120.66.
25 (3) If certification is denied, the board, or
26 secretary if applicable, shall set forth in writing the action
27 the applicant would have to take to secure the approval of the
28 application by the board.
29 (4) In determining whether an application should be
30 approved in whole, approved with modifications or conditions,
31 or denied, the board, or secretary when applicable, shall
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1 consider whether, and the extent to which, the location of the
2 transmission line corridor and the construction, operation,
3 and maintenance of the transmission line will:
4 (a) Ensure electric power system reliability and
5 integrity;
6 (b) Meet the electrical energy needs of the state in
7 an orderly, economical, and timely fashion;
8 (c) Comply with applicable nonprocedural requirements
9 of agencies;
10 (d) Be consistent with applicable provisions of local
11 government comprehensive plans, if any; and
12 (e) Effect a reasonable balance between the need for
13 the transmission line as a means of providing reliable,
14 economically efficient electric energy, as determined by the
15 commission, under s. 403.537, abundant low-cost electrical
16 energy and the impact upon the public and the environment
17 resulting from the location of the transmission line corridor
18 and the construction, operation, and maintenance of the
19 transmission lines.
20 (5)(a) Any transmission line corridor certified by the
21 board, or secretary if applicable, shall meet the criteria of
22 this section. When more than one transmission line corridor is
23 proper for certification under pursuant to s. 403.522(10) and
24 meets the criteria of this section, the board, or secretary if
25 applicable, shall certify the transmission line corridor that
26 has the least adverse impact regarding the criteria in
27 subsection (4), including costs.
28 (b) If the board, or secretary if applicable, finds
29 that an alternate corridor rejected pursuant to s. 403.5271
30 meets the criteria of subsection (4) and has the least adverse
31 impact regarding the criteria in subsection (4), including
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1 cost, of all corridors that meet the criteria of subsection
2 (4), then the board, or secretary if applicable, shall deny
3 certification or shall allow the applicant to submit an
4 amended application to include the such corridor.
5 (c) If the board, or secretary if applicable, finds
6 that two or more of the corridors that comply with the
7 provisions of subsection (4) have the least adverse impacts
8 regarding the criteria in subsection (4), including costs, and
9 that the such corridors are substantially equal in adverse
10 impacts regarding the criteria in subsection (4), including
11 costs, then the board, or secretary if applicable, shall
12 certify the corridor preferred by the applicant if the
13 corridor is one proper for certification under pursuant to s.
14 403.522(10).
15 (6) The issuance or denial of the certification is by
16 the board shall be the final administrative action required as
17 to that application.
18 Section 56. Section 403.531, Florida Statutes, is
19 amended to read:
20 403.531 Effect of certification.--
21 (1) Subject to the conditions set forth therein,
22 certification shall constitute the sole license of the state
23 and any agency as to the approval of the location of
24 transmission line corridors and the construction, operation,
25 and maintenance of transmission lines. The certification is
26 shall be valid for the life of the transmission line, if
27 provided that construction on, or condemnation or acquisition
28 of, the right-of-way is commenced within 5 years after of the
29 date of certification or such later date as may be authorized
30 by the board.
31 (2)(a) The certification authorizes shall authorize
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1 the licensee applicant to locate the transmission line
2 corridor and to construct and maintain the transmission lines
3 subject only to the conditions of certification set forth in
4 the such certification.
5 (b) The certification may include conditions that
6 which constitute variances and exemptions from nonprocedural
7 standards or rules regulations of the department or any other
8 agency, which were expressly considered during the
9 certification review proceeding unless waived by the agency as
10 provided in s. 403.526 below and which otherwise would be
11 applicable to the location of the proposed transmission line
12 corridor or the construction, operation, and maintenance of
13 the transmission lines. Each party shall notify the applicant
14 and other parties at the time scheduled for the filing of the
15 agency reports of any nonprocedural requirements not
16 specifically listed in the application from which a variance,
17 exemption, exception, or other relief is necessary in order
18 for the board to certify any corridor proposed for
19 certification. Failure of such notification shall be treated
20 as a waiver from the nonprocedural requirements of that
21 agency.
22 (3)(a) The certification shall be in lieu of any
23 license, permit, certificate, or similar document required by
24 any state, regional, or local agency under pursuant to, but
25 not limited to, chapter 125, chapter 161, chapter 163, chapter
26 166, chapter 186, chapter 253, chapter 258, chapter 298,
27 chapter 370, chapter 372, chapter 373, chapter 376, chapter
28 380, chapter 381, chapter 387, chapter 403, chapter 404, the
29 Florida Transportation Code, or 33 U.S.C. s. 1341.
30 (b) On certification, any license, easement, or other
31 interest in state lands, except those the title of which is
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1 vested in the Board of Trustees of the Internal Improvement
2 Trust Fund, shall be issued by the appropriate agency as a
3 ministerial act. The applicant shall be required to seek any
4 necessary interest in state lands the title to which is vested
5 in the Board of Trustees of the Internal Improvement Trust
6 Fund from the board of trustees before, during, or after the
7 certification proceeding, and certification may be made
8 contingent upon issuance of the appropriate interest in
9 realty. However, neither the applicant and nor any party to
10 the certification proceeding may not directly or indirectly
11 raise or relitigate any matter that which was or could have
12 been an issue in the certification proceeding in any
13 proceeding before the Board of Trustees of the Internal
14 Improvement Trust Fund wherein the applicant is seeking a
15 necessary interest in state lands, but the information
16 presented in the certification proceeding shall be available
17 for review by the board of trustees and its staff.
18 (4) This act does shall not in any way affect the
19 ratemaking powers of the commission under chapter 366. This
20 act does shall also not in any way affect the right of any
21 local government to charge appropriate fees or require that
22 construction be in compliance with the National Electrical
23 Safety Code, as prescribed by the commission.
24 (5) A No term or condition of certification may not
25 shall be interpreted to preclude the postcertification
26 exercise by any party of whatever procedural rights it may
27 have under chapter 120, including those related to rulemaking
28 proceedings.
29 Section 57. Section 403.5312, Florida Statutes, is
30 amended to read:
31 403.5312 Filing Recording of notice of certified
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1 corridor route.--
2 (1) Within 60 days after certification of a directly
3 associated transmission line under pursuant to ss.
4 403.501-403.518 or a transmission line corridor under pursuant
5 to ss. 403.52-403.5365, the applicant shall file with the
6 department and, in accordance with s. 28.222, with the clerk
7 of the circuit court for each county through which the
8 corridor will pass, a notice of the certified route.
9 (2) The notice must shall consist of maps or aerial
10 photographs in the scale of 1:24,000 which clearly show the
11 location of the certified route and must shall state that the
12 certification of the corridor will result in the acquisition
13 of rights-of-way within the corridor. Each clerk shall record
14 the filing in the official record of the county for the
15 duration of the certification or until such time as the
16 applicant certifies to the department and the clerk that all
17 lands required for the transmission line rights-of-way within
18 the corridor have been acquired within the such county,
19 whichever is sooner.
20 (3) The recording of this notice does shall not
21 constitute a lien, cloud, or encumbrance on real property.
22 Section 58. Section 403.5315, Florida Statutes, is
23 amended to read:
24 403.5315 Modification of certification.--A
25 certification may be modified after issuance in any one of the
26 following ways:
27 (1) The board may delegate to the department the
28 authority to modify specific conditions in the certification.
29 (2) The licensee may file a petition for modification
30 with the department or the department may initiate the
31 modification upon its own initiative.
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1 (a) A petition for modification must set forth:
2 1. The proposed modification;
3 2. The factual reasons asserted for the modification;
4 and
5 3. The anticipated additional environmental effects of
6 the proposed modification.
7 (b)(2) The department may modify the terms and
8 conditions of the certification if no party objects in writing
9 to the such modification within 45 days after notice by mail
10 to the last address of record in the certification proceeding,
11 and if no other person whose substantial interests will be
12 affected by the modification objects in writing within 30 days
13 after issuance of public notice.
14 (c) If objections are raised or the department denies
15 the proposed modification, the licensee may file a request for
16 hearing on the modification with the department. Such a
17 request shall be handled pursuant to chapter 120.
18 (d) A request for hearing referred to the Division of
19 Administrative Hearings shall be disposed of in the same
20 manner as an application but with time periods established by
21 the administrative law judge commensurate with the
22 significance of the modification requested. If objections are
23 raised, the applicant may file a petition for modification
24 pursuant to subsection (3).
25 (3) The applicant or the department may file a
26 petition for modification with the department and the Division
27 of Administrative Hearings setting forth:
28 (a) The proposed modification;
29 (b) The factual reasons asserted for the modification;
30 and
31 (c) The anticipated additional environmental effects
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1 of the proposed modification.
2 (4) Petitions filed pursuant to subsection (3) shall
3 be disposed of in the same manner as an application but with
4 time periods established by the administrative law judge
5 commensurate with the significance of the modification
6 requested.
7 Section 59. Section 403.5317, Florida Statutes, is
8 created to read:
9 403.5317 Postcertification activities.--
10 (1)(a) If, subsequent to certification, a licensee
11 proposes any material change to the application or prior
12 amendments, the licensee shall submit to the department a
13 written request for amendment and description of the proposed
14 change to the application. The department shall, within 30
15 days after the receipt of the request for the amendment,
16 determine whether the proposed change to the application
17 requires a modification of the conditions of certification.
18 (b) If the department concludes that the change would
19 not require a modification of the conditions of certification,
20 the department shall notify, in writing, the licensee, all
21 agencies, and all parties of the approval of the amendment.
22 (c) If the department concludes that the change would
23 require a modification of the conditions of certification, the
24 department shall notify the licensee that the proposed change
25 to the application requires a request for modification under
26 s. 403.5315.
27 (2) Postcertification submittals filed by a licensee
28 with one or more agencies are for the purpose of monitoring
29 for compliance with the issued certification. Each submittal
30 must be reviewed by each agency on an expedited and priority
31 basis because each facility certified under this act is a
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1 critical infrastructure facility. Postcertification review may
2 not be completed more than 90 days after complete information
3 for a segment of the certified transmission line is submitted
4 to the reviewing agencies.
5 Section 60. Section 403.5363, Florida Statutes, is
6 created to read:
7 403.5363 Public notices; requirements.--
8 (1)(a) The applicant shall arrange for the publication
9 of the notices specified in paragraph (b).
10 1. The notices shall be published in newspapers of
11 general circulation within counties crossed by the
12 transmission line corridors proper for certification. The
13 required newspaper notices for filing of an application and
14 for the certification hearing shall be one-half page in size
15 in a standard-size newspaper or a full page in a tabloid-size
16 newspaper and published in a section of the newspaper other
17 than the section for legal notices. These two notices must
18 include a map generally depicting all transmission corridors
19 proper for certification. A newspaper of general circulation
20 shall be the newspaper within a county crossed by a
21 transmission line corridor proper for certification which
22 newspaper has the largest daily circulation in that county and
23 has its principal office in that county. If the newspaper
24 having the largest daily circulation has its principal office
25 outside the county, the notices must appear in both the
26 newspaper having the largest circulation in that county and in
27 a newspaper authorized to publish legal notices in that
28 county.
29 2. The department shall adopt rules specifying the
30 content of the newspaper notices.
31 3. All notices published by the applicant shall be
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1 paid for by the applicant and shall be in addition to the
2 application fee.
3 (b) Public notices that must be published under this
4 section include:
5 1. The notice of the filing of an application, which
6 must include a description of the proceedings required by this
7 act. The notice must describe the provisions of s. 403.531(1)
8 and (2) and give the date by which notice of intent to be a
9 party or a petition to intervene in accordance with s.
10 403.527(2) must be filed. This notice must be published no
11 more than 21 days after the application is filed.
12 2. The notice of the certification hearing and any
13 other public hearing permitted under s. 403.527. The notice
14 must include the date by which a person wishing to appear as a
15 party must file the notice to do so. The notice of the
16 certification hearing must be published at least 65 days
17 before the date set for the certification hearing.
18 3. The notice of the cancellation of the certification
19 hearing, if applicable. The notice must be published at least
20 3 days before the date of the originally scheduled
21 certification hearing.
22 4. The notice of the filing of a proposal to modify
23 the certification submitted under s. 403.5315, if the
24 department determines that the modification would require
25 relocation or expansion of the transmission line right-of-way
26 or a certified substation.
27 (2) The proponent of an alternate corridor shall
28 arrange for the publication of the filing of the proposal for
29 an alternate corridor, the revised time schedules, the date by
30 which newly affected persons or agencies may file the notice
31 of intent to become a party, and the date of the rescheduled
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1 hearing. A notice listed in this subsection must be published
2 in a newspaper of general circulation within the county or
3 counties crossed by the proposed alternate corridor and comply
4 with the content requirements set forth in paragraph (1)(a).
5 The notice must be published not less than 50 days before the
6 rescheduled certification hearing.
7 (3) The department shall arrange for the publication
8 of the following notices in the manner specified by chapter
9 120:
10 (a) The notice of the filing of an application and the
11 date by which a person intending to become a party must file
12 the notice of intent. The notice must be published no later
13 than 21 days after the application has been filed.
14 (b) The notice of any administrative hearing for
15 certification, if applicable. The notice must be published not
16 less than 65 days before the date set for a hearing, except
17 that notice for a rescheduled certification hearing after
18 acceptance of an alternative corridor must be published not
19 less than 50 days before the date set for the hearing.
20 (c) The notice of the cancellation of a certification
21 hearing, if applicable. The notice must be published not later
22 than 7 days before the date of the originally scheduled
23 certification hearing.
24 (d) The notice of the hearing before the siting board,
25 if applicable.
26 (e) The notice of stipulations, proposed agency
27 action, or a petition for modification.
28 Section 61. Section 403.5365, Florida Statutes, is
29 amended to read:
30 403.5365 Fees; disposition.--The department shall
31 charge the applicant the following fees, as appropriate,
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1 which, unless otherwise specified, shall be paid into the
2 Florida Permit Fee Trust Fund:
3 (1) An application fee.
4 (a) The application fee shall be of $100,000, plus
5 $750 per mile for each mile of corridor in which the
6 transmission line right-of-way is proposed to be located
7 within an existing electric electrical transmission line
8 right-of-way or within any existing right-of-way for any road,
9 highway, railroad, or other aboveground linear facility, or
10 $1,000 per mile for each mile of electric transmission line
11 corridor proposed to be located outside the such existing
12 right-of-way.
13 (b)(a) Sixty percent of the fee shall go to the
14 department to cover any costs associated with coordinating the
15 review of reviewing and acting upon the application and any
16 costs for field services associated with monitoring
17 construction and operation of the electric transmission line
18 facility.
19 (c)(b) The following percentage Twenty percent of the
20 fees specified under this section, except postcertification
21 fees, shall be transferred to the Administrative Trust Fund of
22 the Division of Administrative Hearings of the Department of
23 Management Services:.
24 1. Five percent to compensate for expenses from the
25 initial exercise of duties associated with the filing of an
26 application.
27 2. An additional 10 percent if an administrative
28 hearing under s. 403.527 is held.
29 (d)1.(c) Upon written request with proper itemized
30 accounting within 90 days after final agency action by the
31 siting board or the department or the withdrawal of the
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1 application, the agencies that prepared reports under s.
2 403.526 or s. 403.5271 or participated in a hearing under s.
3 403.527 or s. 403.5271 may submit a written request to the
4 department for reimbursement of expenses incurred during the
5 certification proceedings. The request must contain an
6 accounting of expenses incurred, which may include time spent
7 reviewing the application, department shall reimburse the
8 expenses and costs of the Department of Community Affairs, the
9 Fish and Wildlife Conservation Commission, the water
10 management district, regional planning council, and local
11 government in the jurisdiction of which the transmission line
12 is to be located. Such reimbursement shall be authorized for
13 the preparation of any studies required of the agencies by
14 this act, and for agency travel and per diem to attend any
15 hearing held under pursuant to this act, and for the local
16 government or regional planning council providing additional
17 notice of the informational public meeting. The department
18 shall review the request and verify whether a claimed expense
19 is valid. Valid expenses shall be reimbursed; however, if to
20 participate in the proceedings. In the event the amount of
21 funds available for reimbursement allocation is insufficient
22 to provide for full compensation complete reimbursement to the
23 agencies, reimbursement shall be on a prorated basis.
24 2. If the application review is held in abeyance for
25 more than 1 year, the agencies may submit a request for
26 reimbursement under subparagraph 1.
27 (e)(d) If any sums are remaining, the department shall
28 retain them for its use in the same manner as is otherwise
29 authorized by this section; provided, however, that if the
30 certification application is withdrawn, the remaining sums
31 shall be refunded to the applicant within 90 days after
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1 withdrawal.
2 (2) An amendment fee.
3 (a) If no corridor alignment change is proposed by the
4 amendment, no amendment fee shall be charged.
5 (b) If a corridor alignment change under s. 403.5275
6 is proposed by the applicant, an additional fee of a minimum
7 of $2,000 and $750 per mile shall be submitted to the
8 department for use in accordance with this act.
9 (c) If an amendment is required to address issues,
10 including alternate corridors under pursuant to s. 403.5271,
11 raised by the department or other parties, no fee for the such
12 amendment shall be charged.
13 (3) A certification modification fee.
14 (a) If no corridor alignment change is proposed by the
15 licensee applicant, the modification fee shall be $4,000.
16 (b) If a corridor alignment change is proposed by the
17 licensee applicant, the fee shall be $1,000 for each mile of
18 realignment plus an amount not to exceed $10,000 to be fixed
19 by rule on a sliding scale based on the load-carrying
20 capability and configuration of the transmission line for use
21 in accordance with subsection (1) (2).
22 Section 62. Subsection (1) of section 403.537, Florida
23 Statutes, is amended to read:
24 403.537 Determination of need for transmission line;
25 powers and duties.--
26 (1)(a) Upon request by an applicant or upon its own
27 motion, the Florida Public Service Commission shall schedule a
28 public hearing, after notice, to determine the need for a
29 transmission line regulated by the Florida Electric
30 Transmission Line Siting Act, ss. 403.52-403.5365. The Such
31 notice shall be published at least 21 45 days before the date
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1 set for the hearing and shall be published by the applicant in
2 at least one-quarter page size notice in newspapers of general
3 circulation, and by the commission in the manner specified in
4 chapter 120 in the Florida Administrative Weekly, by giving
5 notice to counties and regional planning councils in whose
6 jurisdiction the transmission line could be placed, and by
7 giving notice to any persons who have requested to be placed
8 on the mailing list of the commission for this purpose. Within
9 21 days after receipt of a request for determination by an
10 applicant, the commission shall set a date for the hearing.
11 The hearing shall be held pursuant to s. 350.01 within 45 days
12 after the filing of the request, and a decision shall be
13 rendered within 60 days after such filing.
14 (b) The commission shall be the sole forum in which to
15 determine the need for a transmission line. The need for a
16 transmission line may not be raised or be the subject of
17 review in another proceeding.
18 (c)(b) In the determination of need, the commission
19 shall take into account the need for electric system
20 reliability and integrity, the need for abundant, low-cost
21 electrical energy to assure the economic well-being of the
22 residents citizens of this state, the appropriate starting and
23 ending point of the line, and other matters within its
24 jurisdiction deemed relevant to the determination of need. The
25 appropriate starting and ending points of the electric
26 transmission line must be verified by the commission in its
27 determination of need.
28 (d)(c) The determination by the commission of the need
29 for the transmission line, as defined in s. 403.522(22) s.
30 403.522(21), is binding on all parties to any certification
31 proceeding under pursuant to the Florida Electric Transmission
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1 Line Siting Act and is a condition precedent to the conduct of
2 the certification hearing prescribed therein. An order entered
3 pursuant to this section constitutes final agency action.
4 Section 63. Subsection (3) of section 373.441, Florida
5 Statutes, is amended to read:
6 373.441 Role of counties, municipalities, and local
7 pollution control programs in permit processing.--
8 (3) The department shall review environmental resource
9 permit applications for electrical distribution and
10 transmission lines and other facilities related to the
11 production, transmission, and distribution of electricity
12 which are not certified under ss. 403.52-403.5365, the Florida
13 Electric Transmission Line Siting Act, regulated under this
14 part.
15 Section 64. Subsection (30) of section 403.061,
16 Florida Statutes, is amended to read:
17 403.061 Department; powers and duties.--The department
18 shall have the power and the duty to control and prohibit
19 pollution of air and water in accordance with the law and
20 rules adopted and promulgated by it and, for this purpose, to:
21 (30) Establish requirements by rule that reasonably
22 protect the public health and welfare from electric and
23 magnetic fields associated with existing 230 kV or greater
24 electrical transmission lines, new 230 kV and greater
25 electrical transmission lines for which an application for
26 certification under the Florida Electric Transmission Line
27 Siting Act, ss. 403.52-403.5365, is not filed, new or existing
28 electrical transmission or distribution lines with voltage
29 less than 230 kV, and substation facilities. Notwithstanding
30 any other provision in this chapter or any other law of this
31 state or political subdivision thereof, the department shall
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1 have exclusive jurisdiction in the regulation of electric and
2 magnetic fields associated with all electrical transmission
3 and distribution lines and substation facilities. However,
4 nothing herein shall be construed as superseding or repealing
5 the provisions of s. 403.523(1) and (10).
6
7 The department shall implement such programs in conjunction
8 with its other powers and duties and shall place special
9 emphasis on reducing and eliminating contamination that
10 presents a threat to humans, animals or plants, or to the
11 environment.
12 Section 65. Paragraph (a) of subsection (3) of section
13 403.0876, Florida Statutes, is amended to read:
14 403.0876 Permits; processing.--
15 (3)(a) The department shall establish a special unit
16 for permit coordination and processing to provide expeditious
17 processing of department permits which the district offices
18 are unable to process expeditiously and to provide accelerated
19 processing of certain permits or renewals for economic and
20 operating stability. The ability of the department to process
21 applications under pursuant to this subsection in a more
22 timely manner than allowed by subsections (1) and (2) is
23 dependent upon the timely exchange of information between the
24 applicant and the department and the intervention of outside
25 parties as allowed by law. An applicant may request the
26 processing of its permit application by the special unit if
27 the application is from an area of high unemployment or low
28 per capita income, is from a business or industry that is the
29 primary employer within an area's labor market, or is in an
30 industry with respect to which the complexities involved in
31 the review of the application require special skills uniquely
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1 available in the headquarters office. The department may
2 require the applicant to waive the 90-day time limitation for
3 department issuance or denial of the permit once for a period
4 not to exceed 90 days. The department may require a special
5 fee to cover the direct cost of processing special
6 applications in addition to normal permit fees and costs. The
7 special fee may not exceed $10,000 per permit required.
8 Applications for renewal permits, but not applications for
9 initial permits, required for facilities pursuant to the
10 Electrical Power Plant Siting Act or the Florida Electric
11 Transmission Line Siting Act may be processed under this
12 subsection. Personnel staffing the special unit shall have
13 lengthy experience in permit processing.
14 Section 66. Paragraph (b) of subsection (3) of section
15 403.809, Florida Statutes, is amended to read:
16 403.809 Environmental districts; establishment;
17 managers; functions.--
18 (3)
19 (b) The processing of all applications for permits,
20 licenses, certificates, and exemptions shall be accomplished
21 at the district center or the branch office, except for those
22 applications specifically assigned elsewhere in the department
23 under s. 403.805 or to the water management districts under s.
24 403.812 and those applications assigned by interagency
25 agreement as provided in this act. However, the secretary, as
26 head of the department, may not delegate to district or
27 subdistrict managers, water management districts, or any unit
28 of local government the authority to act on the following
29 types of permit applications:
30 1. Permits issued under s. 403.0885, except such
31 permit issuance may be delegated to district managers.
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1 2. Construction of major air pollution sources.
2 3. Certifications under the Florida Electrical Power
3 Plant Siting Act or the Florida Electric Transmission Line
4 Siting Act and the associated permit issued under s. 403.0885,
5 if applicable.
6 4. Permits issued under s. 403.0885 to steam electric
7 generating facilities regulated pursuant to 40 C.F.R. part
8 423.
9 5. Permits issued under s. 378.901.
10 Section 67. Sections 403.5253 and 403.5369, Florida
11 Statutes, are repealed.
12 Section 68. Section 570.954, Florida Statutes, is
13 created to read:
14 570.954 Farm to fuel.--
15 (1) This section may be cited as the "Florida Farm to
16 Fuel Act."
17 (2) The Legislature finds that:
18 (a) Utilization of Florida crops and biomass for
19 production of bioenergy is important for the state's future
20 energy stability, protection of its environment, and continued
21 viability of its agriculture industry.
22 (b) Development of bioenergy will help to reduce
23 demand for foreign fuels, reduce pollution, and promote
24 economic growth.
25 (c) Assistance in the production and distribution of
26 bioenergy in the state is needed.
27 (d) Production of bioenergy in the state is ideal due
28 to the state's vast amount of farm acreage and mild climate,
29 which permit crops to be grown virtually year round, and the
30 availability of other biomass.
31 (3) This section is intended to provide grants to:
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1 (a) Stimulate capital investment in the state and
2 enhance the market for and promote the production and
3 distribution of bioenergy.
4 (b) Advance the already growing establishment of
5 bioenergy technologies in the state and attract additional
6 bioenergy production to the state.
7 (c) Demonstrate technologies or processes that convert
8 Florida-grown crops, agricultural wastes and residues, and
9 other biomass into bioenergy.
10 (4) As used in this section, the term:
11 (a) "Biomass" means a power source that is comprised
12 of, but not limited to, combustible residues or gases from
13 forest products manufacturing, agricultural and orchard crops,
14 waste products from livestock and poultry operations and food
15 processing, urban wood waste, municipal solid waste, municipal
16 liquid waste treatment operations, and landfills.
17 (b) "Department" means the Department of Agriculture
18 and Consumer Services.
19 (c) "Person" means an individual, partnership, joint
20 venture, private or public corporation, association, firm,
21 public service company, or any other entity, public or
22 private, however organized.
23 (5) The Farm to Fuel Grants Program is established
24 within the department to provide grants for research,
25 development, and demonstration of commercial applications of
26 bioenergy technology.
27 (a) Grants made under this section for bioenergy
28 projects may be made to any person who meets the criteria in
29 this section.
30 (b) Factors the department may consider in awarding
31 grants include, but are not limited to, the degree to which:
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1 1. The project stimulates in-state capital investment
2 and economic development in metropolitan and rural areas,
3 including the creation of jobs and the future development of a
4 commercial market for bioenergy.
5 2. The project produces bioenergy from Florida-grown
6 crops or biomass.
7 3. The project demonstrates efficient use of energy
8 and material resources.
9 4. The project fosters overall understanding and
10 appreciation of bioenergy technologies.
11 5. Matching funds and in-kind contributions from an
12 applicant are available.
13 6. The project duration and the timeline for
14 expenditures are acceptable.
15 7. The project has a reasonable assurance of enhancing
16 the value of agricultural products or will expand agribusiness
17 in the state.
18 8. Preliminary market and feasibility research has
19 been conducted by the applicant or others and shows there is a
20 reasonable assurance of a potential market.
21 (c) The department may conduct a statewide
22 comprehensive information and education program aimed at
23 informing the business sector of the availability of the
24 grants while also educating the general public about the
25 benefits of renewable energy and the use of alternative fuels.
26 (6) Pursuant to s. 570.0705, the Commissioner of
27 Agriculture and Consumer Services may appoint a Florida Farm
28 to Fuel Advisory Council consisting of a diverse group of
29 stakeholders that includes, but is not limited to,
30 representatives of the agriculture industry, researchers, fuel
31 suppliers, technology manufacturers, and environmental
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1 interests. The council shall provide advice and counsel to the
2 Commissioner of Agriculture and Consumer Services on the
3 production of bioenergy in the state.
4 (7) The department may adopt rules pursuant to ss.
5 120.536(1) and 120.54 to administer the provisions of this
6 section.
7 Section 69. The sum of $5.5 million is appropriated
8 from the General Revenue Fund to the Department of Agriculture
9 and Consumer Services for the purpose of implementing s.
10 570.954(5), Florida Statutes.
11 Section 70. Section 220.192, Florida Statutes, is
12 created to read:
13 220.192 Farm to fuel production tax credit.--
14 (1) For tax years beginning on or after January 1,
15 2007, a credit against the tax imposed under this chapter
16 shall be granted in an amount to be determined as follows:
17 (a) A taxpayer who produces ethanol at a facility
18 located in this state is entitled to a credit against the
19 taxpayer's state tax liability equal to the product of 20
20 cents multiplied by the number of gallons of ethanol produced
21 at the facility using Florida-grown commodities.
22 (b) A taxpayer who produces biodiesel at a facility
23 located in this state is entitled to a credit against the
24 taxpayer's state tax liability equal to the product of 20
25 cents multiplied by the number of gallons of biodiesel
26 produced at the facility using Florida-grown commodities.
27 (2) The department shall adopt rules relating to the
28 forms required to claim a tax credit under this section, the
29 requirements and basis for establishing an entitlement to a
30 credit, and the examination and audit procedures required to
31 administer this section.
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1 (3) This section is repealed July 1, 2010.
2 Section 71. This act shall take effect July 1, 2006.
3
4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 Delete everything before the enacting clause
8
9 and insert:
10 A bill to be entitled
11 An act relating to energy; creating the Florida
12 Energy Commission, which is located within the
13 Office of Legislative Services for
14 administrative purposes; providing for the
15 membership of the commission; providing for
16 appointment, terms of office, and
17 qualifications of members; providing for voting
18 members to be reimbursed for per diem and
19 travel expenses; providing for meetings of the
20 commission; authorizing the commission to
21 employ staff; requiring that the commission
22 develop policy recommendations concerning
23 specified issues which are based on specified
24 guidelines; requiring an annual report to the
25 Governor, Cabinet, and Legislature;
26 transferring all powers, functions, records,
27 personnel, property, and unexpended balances of
28 appropriations of the state energy program
29 within the Department of Environmental
30 Protection to the Florida Energy Commission;
31 providing legislative findings and intent;
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1 creating s. 377.801, F.S.; creating the
2 "Florida Renewable Energy Technologies and
3 Energy Efficiency Act"; creating s. 377.802,
4 F.S.; stating the purpose of the act; creating
5 s. 377.803, F.S.; providing definitions;
6 creating s. 377.804, F.S.; creating the
7 Renewable Energy Technologies Grants Program;
8 providing program requirements and procedures,
9 including matching funds; creating s. 377.805,
10 F.S.; creating the Energy Efficient Appliance
11 Rebate Program; providing program requirements,
12 procedures, and limitations; creating s.
13 377.806, F.S.; creating the Solar Energy System
14 Rebate Program; providing program requirements,
15 procedures, and limitations; amending s.
16 212.08, F.S.; providing definitions for the
17 terms "biodiesel" and "ethanol"; providing tax
18 exemptions for the sale or use of certain
19 energy efficient products; providing
20 eligibility requirements and tax credit limits;
21 directing the department to adopt rules;
22 directing the department to determine and
23 publish certain information relating to such
24 exemptions; amending s. 213.053, F.S.;
25 authorizing the Department of Revenue to share
26 certain information with the Department of
27 Environmental Protection for specified
28 purposes; amending s. 220.02, F.S.; providing
29 the order of application of the renewable
30 energy technologies investment tax credit;
31 creating s. 220.192, F.S.; establishing a
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1 corporate tax credit for certain costs related
2 to renewable energy technologies; providing
3 eligibility requirements and credit limits;
4 providing certain authority to the Department
5 of Environmental Protection and the Department
6 of Revenue; directing the Department of
7 Environmental Protection to determine and
8 publish certain information; providing for
9 repeal of the tax credit; amending s. 220.13,
10 F.S.; providing an addition to the definition
11 of "adjusted federal income"; amending s.
12 186.801, F.S.; revising the provisions of
13 electric utility 10-year site plans to include
14 the effect on fuel diversity; amending s.
15 366.04, F.S.; revising the safety standards for
16 public utilities; amending s. 366.05, F.S.;
17 authorizing the Public Service Commission to
18 adopt certain construction standards and make
19 certain determinations; amending s. 403.503,
20 F.S.; revising and providing definitions
21 applicable to the Florida Electrical Power
22 Plant Siting Act; amending s. 403.504, F.S.;
23 providing the Department of Environmental
24 Protection with additional powers and duties
25 relating to the Florida Electrical Power Plant
26 Siting Act; amending s. 403.5055, F.S.;
27 revising provisions for certain permits
28 associated with applications for electrical
29 power plant certification; amending s. 403.506,
30 F.S.; revising provisions relating to
31 applicability and certification of certain
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1 power plants; amending s. 403.5064, F.S.;
2 revising provisions for distribution of
3 applications and schedules relating to
4 certification; amending s. 403.5065, F.S.;
5 revising provisions relating to the appointment
6 of administrative law judges; amending s.
7 403.5066, F.S.; revising provisions relating to
8 the determination of completeness for certain
9 applications; creating s. 403.50663, F.S.;
10 authorizing certain local governments and
11 regional planning councils to hold an
12 informational public meeting; providing
13 requirements and procedures therefor; creating
14 s. 403.50665, F.S.; requiring local governments
15 to file certain land use determinations;
16 providing requirements and procedures therefor;
17 repealing s. 403.5067, F.S.; relating to the
18 determination of sufficiency for certain
19 applications; amending s. 403.507, F.S.;
20 revising required statement provisions for
21 affected agencies; amending s. 403.508, F.S.;
22 revising provisions related to land use and
23 certification proceedings; requiring certain
24 notice; amending s. 403.509, F.S.; revising
25 provisions related to the final disposition of
26 certain applications; providing requirements
27 and provisions with respect thereto; amending
28 s. 403.511, F.S.; revising provisions related
29 to the effect of certification for the
30 construction and operation of proposed power
31 plants; providing that issuance of
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1 certification meets certain consistency
2 requirements; creating s. 403.5112, F.S.;
3 requiring filing of notice for certified
4 corridor routes; providing requirements and
5 procedures with respect thereto; creating s.
6 403.5113, F.S.; authorizing postcertification
7 amendments for power plant site certification
8 applications; providing requirements and
9 procedures with respect thereto; amending s.
10 403.5115, F.S.; requiring certain public notice
11 for activities related to power plant site
12 application, certification, and land use
13 determination; providing requirements and
14 procedures with respect thereto; directing the
15 Department of Environmental Protection to
16 maintain certain lists and provide copies to of
17 certain publications; amending s. 403.513,
18 F.S.; revising provisions for judicial review
19 of appeals related to power plant site
20 certification; amending s. 403.516, F.S.;
21 revising provisions relating to modification of
22 certification for power plant sites; amending
23 s. 403.517, F.S.; revising the provisions
24 relating to supplemental applications for
25 certain power plant sites; amending s.
26 403.5175, F.S.; revising provisions relating to
27 existing power plant site certification;
28 revising the procedure for reviewing and
29 processing applications; requiring additional
30 information to be included in certain
31 applications; amending s. 403.518, F.S.;
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1 revising the allocation of proceeds from
2 certain fees collected; providing for
3 reimbursement of certain expenses; directing
4 the Department of Environmental Protection to
5 establish rules for determination of certain
6 fees; eliminating certain operational license
7 fees; amending s. 403.519, F.S.; directing the
8 Public Service Commission to consider fuel
9 diversity and reliability in certain
10 determinations; amending s. 403.52, F.S.;
11 changing the short title to the "Florida
12 Electric Transmission Line Siting Act";
13 amending s. 403.521, F.S.; revising legislative
14 intent; amending s. 403.522, F.S.; revising
15 definitions; defining the terms "licensee" and
16 "maintenance and access roads"; amending s.
17 403.523, F.S.; revising powers and duties of
18 the Department of Environmental Protection;
19 requiring the department to collect and process
20 fees, to prepare a project analysis, to act as
21 clerk for the siting board, and to administer
22 and manage the terms and conditions of the
23 certification order and supporting documents
24 and records; amending s. 403.524, F.S.;
25 revising provisions for applicability,
26 certification, and exemptions under the act;
27 revising provisions for notice by an electric
28 utility of its intent to construct an exempt
29 transmission line; amending s. 403.525, F.S.;
30 providing for powers and duties of the
31 administrative law judge designated by the
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1 Division of Administrative Hearings to conduct
2 the required hearings; amending s. 403.5251,
3 F.S.; revising application procedures and
4 schedules; providing for the formal date of
5 filing an application for certification and
6 commencement of the certification review
7 process; requiring the department to prepare a
8 proposed schedule of dates for determination of
9 completeness and other significant dates to be
10 followed during the certification process;
11 providing for the formal date of application
12 distribution; requiring the applicant to
13 provide notice of filing the application;
14 amending s. 403.5252, F.S.; revising timeframes
15 and procedures for determination of
16 completeness of the application; requiring the
17 department to consult with affected agencies;
18 revising requirements for the department to
19 file a statement of its determination of
20 completeness with the Division of
21 Administrative Hearings, the applicant, and all
22 parties within a certain time after
23 distribution of the application; revising
24 requirements for the applicant to file a
25 statement with the department, the division,
26 and all parties, if the department determines
27 the application is not complete; providing for
28 the statement to notify the department whether
29 the information will be provided; revising
30 timeframes and procedures for contests of the
31 determination by the department; providing for
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1 parties to a hearing on the issue of
2 completeness; amending s. 403.526, F.S.;
3 revising criteria and procedures for
4 preliminary statements of issues, reports, and
5 studies; revising timeframes; requiring that
6 the preliminary statement of issues from each
7 affected agency be submitted to the department
8 and the applicant; revising criteria for the
9 Department of Community Affairs' report;
10 requiring the Department of Transportation, the
11 Public Service Commission, and any other
12 affected agency to prepare a project report;
13 revising required content of the report;
14 providing for notice of any nonprocedural
15 requirements not listed in the application;
16 providing for failure to provide such
17 notification; providing for a recommendation
18 for approval or denial of the application;
19 providing that receipt of an affirmative
20 determination of need is a condition precedent
21 to further processing of the application;
22 requiring that the department prepare a project
23 analysis to be filed with the administrative
24 law judge and served on all parties within a
25 certain time; amending s. 403.527, F.S.;
26 revising procedures and timeframes for the
27 certification hearing conducted by the
28 administrative law judge; revising provisions
29 for notices and publication of notices, public
30 hearings held by local governments, testimony
31 at the public-hearing portion of the
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1 certification hearing, the order of
2 presentations at the hearing, and consideration
3 of certain communications by the administrative
4 law judge; requiring the applicant to pay
5 certain expenses and costs; requiring the
6 administrative law judge to issue a recommended
7 order disposing of the application; requiring
8 that certain notices be made in accordance with
9 specified requirements and within a certain
10 time; requiring the Department of
11 Transportation to be a party to the
12 proceedings; providing for the administrative
13 law judge to cancel the certification hearing
14 and relinquish jurisdiction to the Department
15 of Environmental Protection upon request by the
16 applicant or the department; requiring the
17 department and the applicant to publish notice
18 of such cancellation; providing for parties to
19 submit proposed recommended orders to the
20 department when the certification hearing has
21 been canceled; providing that the department
22 prepare a recommended order for final action by
23 the siting board when the hearing has been
24 canceled; amending s. 403.5271, F.S.; revising
25 procedures and timeframes for consideration of
26 proposed alternate corridors; revising notice
27 requirements; providing for notice of the
28 filing of the alternate corridor and revised
29 time schedules; providing for notice to
30 agencies newly affected by the proposed
31 alternate corridor; requiring the person
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1 proposing the alternate corridor to provide all
2 data to the agencies within a certain time;
3 providing for a determination by the department
4 that the data is not complete; providing for
5 withdrawal of the proposed alternate corridor
6 upon such determination; requiring that
7 agencies file reports with the applicant and
8 the department which address the proposed
9 alternate corridor; requiring that the
10 department file with the administrative law
11 judge, the applicant, and all parties a project
12 analysis of the proposed alternate corridor;
13 providing that the party proposing an alternate
14 corridor has the burden of proof concerning the
15 certifiability of the alternate corridor;
16 amending s. 403.5272, F.S.; revising procedures
17 for informational public meetings; providing
18 for informational public meetings held by
19 regional planning councils; revising
20 timeframes; amending s. 403.5275, F.S.;
21 revising provisions for amendment to the
22 application prior to certification; amending s.
23 403.528, F.S.; providing that a comprehensive
24 application encompassing more than one proposed
25 transmission line may be good cause for
26 altering established time limits; amending s.
27 403.529, F.S.; revising provisions for final
28 disposition of the application by the siting
29 board; providing for the administrative law
30 judge's or department's recommended order;
31 amending s. 403.531, F.S.; revising provisions
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1 for conditions of certification; amending s.
2 403.5312, F.S.; requiring the applicant to file
3 notice of a certified corridor route with the
4 department; amending s. 403.5315, F.S.;
5 revising the circumstances under which a
6 certification may be modified after the
7 certification has been issued; providing for
8 procedures if objections are raised to the
9 proposed modification; creating s. 403.5317,
10 F.S.; providing procedures for changes proposed
11 by the licensee after certification; requiring
12 the department to determine within a certain
13 time if the proposed change requires
14 modification of the conditions of
15 certification; requiring notice to the
16 licensee, all agencies, and all parties of
17 changes that are approved as not requiring
18 modification of the conditions of
19 certification; creating s. 403.5363, F.S.;
20 requiring publication of certain notices by the
21 applicant, the proponent of an alternate
22 corridor, and the department; requiring the
23 department to adopt rules specifying the
24 content of such notices; amending s. 403.5365,
25 F.S.; revising application fees and the
26 distribution of fees collected; revising
27 procedures for reimbursement of local
28 governments and regional planning
29 organizations; amending s. 403.537, F.S.;
30 revising the schedule for notice of a public
31 hearing by the Public Service Commission in
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1 order to determine the need for a transmission
2 line; providing that the commission is the sole
3 forum in which to determine the need for a
4 transmission line; amending ss. 373.441,
5 403.061, 403.0876, and 403.809, F.S.;
6 conforming terminology to changes made by the
7 act; repealing ss. 403.5253 and 403.5369, F.S.,
8 relating to determination of sufficiency of
9 application or amendment to the application and
10 the application of the act to applications
11 filed before a certain date; creating s.
12 570.954, F.S.; providing a short title;
13 providing legislative findings; providing
14 purposes; providing definitions; establishing
15 the Farm to Fuel Grants Program; providing
16 criteria for distribution of grants;
17 authorizing appointment of an advisory council;
18 providing purposes; providing membership;
19 authorizing the department to adopt rules;
20 providing an appropriation; creating s.
21 220.192, F.S.; providing certain tax credits
22 for certain producers of ethanol and biodiesel;
23 authorizing the Department of Revenue to adopt
24 certain rules relating to the tax credits;
25 providing for future repeal of the tax credits;
26 providing an effective date.
27
28
29
30
31
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