Senate Bill sb0888c1

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    Florida Senate - 2006                            CS for SB 888

    By the Committee on Communications and Public Utilities; and
    Senators Constantine, Aronberg, Dockery, Atwater, Baker, Diaz
    de la Portilla, Bennett, Klein, Campbell, Bullard and Wilson



    579-2037-06

  1                      A bill to be entitled

  2         An act relating to energy; creating the Florida

  3         Energy Commission, which is located within the

  4         Office of Legislative Services for

  5         administrative purposes; providing for the

  6         membership of the commission; providing for

  7         appointment, terms of office, and

  8         qualifications of members; providing for voting

  9         members to be reimbursed for per diem and

10         travel expenses; providing for meetings of the

11         commission; authorizing the commission to

12         employ staff; requiring that the commission

13         develop policy recommendations concerning

14         specified issues which are based on specified

15         guidelines; requiring an annual report to the

16         Governor, Cabinet, and Legislature;

17         transferring all powers, functions, records,

18         personnel, property, and unexpended balances of

19         appropriations of the state energy program

20         within the Department of Environmental

21         Protection to the Florida Energy Commission;

22         requiring a study and a report to the Governor

23         and Legislature concerning the electric

24         transmission grid; providing legislative

25         findings and intent; creating s. 377.801, F.S.;

26         creating the "Florida Renewable Energy

27         Technologies and Energy Efficiency Act";

28         creating s. 377.802, F.S.; stating the purpose

29         of the act; creating s. 377.803, F.S.;

30         providing definitions; creating s. 377.804,

31         F.S.; creating the Renewable Energy

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    Florida Senate - 2006                            CS for SB 888
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 1         Technologies Grants Program; providing program

 2         requirements and procedures, including matching

 3         funds; creating s. 377.805, F.S.; creating the

 4         Energy Efficient Appliance Rebate Program;

 5         providing program requirements, procedures, and

 6         limitations; creating s. 377.806, F.S.;

 7         creating the Solar Energy System Rebate

 8         Program; providing program requirements,

 9         procedures, and limitations; amending s.

10         212.08, F.S.; providing definitions for the

11         terms "biodiesel" and "ethanol"; providing tax

12         exemptions for the sale or use of certain

13         energy efficient products; providing

14         eligibility requirements and tax credit limits;

15         directing the department to adopt rules;

16         directing the department to determine and

17         publish certain information relating to such

18         exemptions; amending s. 213.053, F.S.;

19         authorizing the Department of Revenue to share

20         certain information with the Department of

21         Environmental Protection for specified

22         purposes; amending s. 220.02, F.S.; providing

23         the order of application of the renewable

24         energy technologies investment tax credit;

25         creating s. 220.192, F.S.; establishing a

26         corporate tax credit for certain costs related

27         to renewable energy technologies; providing

28         eligibility requirements and credit limits;

29         providing certain authority to the Department

30         of Environmental Protection and the Department

31         of Revenue; directing the Department of

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    Florida Senate - 2006                            CS for SB 888
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 1         Environmental Protection to determine and

 2         publish certain information; providing for

 3         repeal of the tax credit; amending s. 220.13,

 4         F.S.; providing an addition to the definition

 5         of "adjusted federal income"; amending s.

 6         186.801, F.S.; revising the provisions of

 7         electric utility 10-year site plans to include

 8         the effect on fuel diversity; amending s.

 9         366.04, F.S.; revising the safety standards for

10         public utilities; amending s. 366.05, F.S.;

11         authorizing the Public Service Commission to

12         adopt certain construction standards and make

13         certain determinations; amending s. 403.503,

14         F.S.; revising and providing definitions

15         applicable to the Florida Electrical Power

16         Plant Siting Act; amending s. 403.504, F.S.;

17         providing the Department of Environmental

18         Protection with additional powers and duties

19         relating to the Florida Electrical Power Plant

20         Siting Act; amending s. 403.5055, F.S.;

21         revising provisions for certain permits

22         associated with applications for electrical

23         power plant certification; amending s. 403.506,

24         F.S.; revising provisions relating to

25         applicability and certification of certain

26         power plants; amending s. 403.5064, F.S.;

27         revising provisions for distribution of

28         applications and schedules relating to

29         certification; amending s. 403.5065, F.S.;

30         revising provisions relating to the appointment

31         of administrative law judges; amending s.

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    Florida Senate - 2006                            CS for SB 888
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 1         403.5066, F.S.; revising provisions relating to

 2         the determination of completeness for certain

 3         applications; creating s. 403.50663, F.S.;

 4         authorizing certain local governments and

 5         regional planning councils to hold an

 6         informational public meeting; providing

 7         requirements and procedures therefor; creating

 8         s. 403.50665, F.S.; requiring local governments

 9         to file certain land use determinations;

10         providing requirements and procedures therefor;

11         repealing s. 403.5067, F.S.; relating to the

12         determination of sufficiency for certain

13         applications; amending s. 403.507, F.S.;

14         revising required statement provisions for

15         affected agencies; amending s. 403.508, F.S.;

16         revising provisions related to land use and

17         certification proceedings; requiring certain

18         notice; amending s. 403.509, F.S.; revising

19         provisions related to the final disposition of

20         certain applications; providing requirements

21         and provisions with respect thereto; amending

22         s. 403.511, F.S.; revising provisions related

23         to the effect of certification for the

24         construction and operation of proposed power

25         plants; providing that issuance of

26         certification meets certain consistency

27         requirements; creating s. 403.5112, F.S.;

28         requiring filing of notice for certified

29         corridor routes; providing requirements and

30         procedures with respect thereto; creating s.

31         403.5113, F.S.; authorizing postcertification

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    Florida Senate - 2006                            CS for SB 888
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 1         amendments for power plant site certification

 2         applications; providing requirements and

 3         procedures with respect thereto; amending s.

 4         403.5115, F.S.; requiring certain public notice

 5         for activities related to power plant site

 6         application, certification, and land use

 7         determination; providing requirements and

 8         procedures with respect thereto; directing the

 9         Department of Environmental Protection to

10         maintain certain lists and provide copies to of

11         certain publications; amending s. 403.513,

12         F.S.; revising provisions for judicial review

13         of appeals related to power plant site

14         certification; amending s. 403.516, F.S.;

15         revising provisions relating to modification of

16         certification for power plant sites; amending

17         s. 403.517, F.S.; revising the provisions

18         relating to supplemental applications for

19         certain power plant sites; amending s.

20         403.5175, F.S.; revising provisions relating to

21         existing power plant site certification;

22         revising the procedure for reviewing and

23         processing applications; requiring additional

24         information to be included in certain

25         applications; amending s. 403.518, F.S.;

26         revising the allocation of proceeds from

27         certain fees collected; providing for

28         reimbursement of certain expenses; directing

29         the Department of Environmental Protection to

30         establish rules for determination of certain

31         fees; eliminating certain operational license

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 1         fees; amending s. 403.519, F.S.; directing the

 2         Public Service Commission to consider fuel

 3         diversity and reliability in certain

 4         determinations; amending s. 403.52, F.S.;

 5         changing the short title to the "Florida

 6         Electric Transmission Line Siting Act";

 7         amending s. 403.521, F.S.; revising legislative

 8         intent; amending s. 403.522, F.S.; revising

 9         definitions; defining the terms "licensee" and

10         "maintenance and access roads"; amending s.

11         403.523, F.S.; revising powers and duties of

12         the Department of Environmental Protection;

13         requiring the department to collect and process

14         fees, to prepare a project analysis, to act as

15         clerk for the siting board, and to administer

16         and manage the terms and conditions of the

17         certification order and supporting documents

18         and records; amending s. 403.524, F.S.;

19         revising provisions for applicability,

20         certification, and exemptions under the act;

21         revising provisions for notice by an electric

22         utility of its intent to construct an exempt

23         transmission line; amending s. 403.525, F.S.;

24         providing for powers and duties of the

25         administrative law judge designated by the

26         Division of Administrative Hearings to conduct

27         the required hearings; amending s. 403.5251,

28         F.S.; revising application procedures and

29         schedules; providing for the formal date of

30         filing an application for certification and

31         commencement of the certification review

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 1         process; requiring the department to prepare a

 2         proposed schedule of dates for determination of

 3         completeness and other significant dates to be

 4         followed during the certification process;

 5         providing for the formal date of application

 6         distribution; requiring the applicant to

 7         provide notice of filing the application;

 8         amending s. 403.5252, F.S.; revising timeframes

 9         and procedures for determination of

10         completeness of the application; requiring the

11         department to consult with affected agencies;

12         revising requirements for the department to

13         file a statement of its determination of

14         completeness with the Division of

15         Administrative Hearings, the applicant, and all

16         parties within a certain time after

17         distribution of the application; revising

18         requirements for the applicant to file a

19         statement with the department, the division,

20         and all parties, if the department determines

21         the application is not complete; providing for

22         the statement to notify the department whether

23         the information will be provided; revising

24         timeframes and procedures for contests of the

25         determination by the department; providing for

26         parties to a hearing on the issue of

27         completeness; amending s. 403.526, F.S.;

28         revising criteria and procedures for

29         preliminary statements of issues, reports, and

30         studies; revising timeframes; requiring that

31         the preliminary statement of issues from each

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    Florida Senate - 2006                            CS for SB 888
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 1         affected agency be submitted to the department

 2         and the applicant; revising criteria for the

 3         Department of Community Affairs' report;

 4         requiring the Department of Transportation, the

 5         Public Service Commission, and any other

 6         affected agency to prepare a project report;

 7         revising required content of the report;

 8         providing for notice of any nonprocedural

 9         requirements not listed in the application;

10         providing for failure to provide such

11         notification; providing for a recommendation

12         for approval or denial of the application;

13         providing that receipt of an affirmative

14         determination of need is a condition precedent

15         to further processing of the application;

16         requiring that the department prepare a project

17         analysis to be filed with the administrative

18         law judge and served on all parties within a

19         certain time; amending s. 403.527, F.S.;

20         revising procedures and timeframes for the

21         certification hearing conducted by the

22         administrative law judge; revising provisions

23         for notices and publication of notices, public

24         hearings held by local governments, testimony

25         at the public-hearing portion of the

26         certification hearing, the order of

27         presentations at the hearing, and consideration

28         of certain communications by the administrative

29         law judge; requiring the applicant to pay

30         certain expenses and costs; requiring the

31         administrative law judge to issue a recommended

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    Florida Senate - 2006                            CS for SB 888
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 1         order disposing of the application; requiring

 2         that certain notices be made in accordance with

 3         specified requirements and within a certain

 4         time; requiring the Department of

 5         Transportation to be a party to the

 6         proceedings; providing for the administrative

 7         law judge to cancel the certification hearing

 8         and relinquish jurisdiction to the Department

 9         of Environmental Protection upon request by the

10         applicant or the department; requiring the

11         department and the applicant to publish notice

12         of such cancellation; providing for parties to

13         submit proposed recommended orders to the

14         department when the certification hearing has

15         been canceled; providing that the department

16         prepare a recommended order for final action by

17         the siting board when the hearing has been

18         canceled; amending s. 403.5271, F.S.; revising

19         procedures and timeframes for consideration of

20         proposed alternate corridors; revising notice

21         requirements; providing for notice of the

22         filing of the alternate corridor and revised

23         time schedules; providing for notice to

24         agencies newly affected by the proposed

25         alternate corridor; requiring the person

26         proposing the alternate corridor to provide all

27         data to the agencies within a certain time;

28         providing for a determination by the department

29         that the data is not complete; providing for

30         withdrawal of the proposed alternate corridor

31         upon such determination; requiring that

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    Florida Senate - 2006                            CS for SB 888
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 1         agencies file reports with the applicant and

 2         the department which address the proposed

 3         alternate corridor; requiring that the

 4         department file with the administrative law

 5         judge, the applicant, and all parties a project

 6         analysis of the proposed alternate corridor;

 7         providing that the party proposing an alternate

 8         corridor has the burden of proof concerning the

 9         certifiability of the alternate corridor;

10         amending s. 403.5272, F.S.; revising procedures

11         for informational public meetings; providing

12         for informational public meetings held by

13         regional planning councils; revising

14         timeframes; amending s. 403.5275, F.S.;

15         revising provisions for amendment to the

16         application prior to certification; amending s.

17         403.528, F.S.; providing that a comprehensive

18         application encompassing more than one proposed

19         transmission line may be good cause for

20         altering established time limits; amending s.

21         403.529, F.S.; revising provisions for final

22         disposition of the application by the siting

23         board; providing for the administrative law

24         judge's or department's recommended order;

25         amending s. 403.531, F.S.; revising provisions

26         for conditions of certification; amending s.

27         403.5312, F.S.; requiring the applicant to file

28         notice of a certified corridor route with the

29         department; amending s. 403.5315, F.S.;

30         revising the circumstances under which a

31         certification may be modified after the

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 1         certification has been issued; providing for

 2         procedures if objections are raised to the

 3         proposed modification; creating s. 403.5317,

 4         F.S.; providing procedures for changes proposed

 5         by the licensee after certification; requiring

 6         the department to determine within a certain

 7         time if the proposed change requires

 8         modification of the conditions of

 9         certification; requiring notice to the

10         licensee, all agencies, and all parties of

11         changes that are approved as not requiring

12         modification of the conditions of

13         certification; creating s. 403.5363, F.S.;

14         requiring publication of certain notices by the

15         applicant, the proponent of an alternate

16         corridor, and the department; requiring the

17         department to adopt rules specifying the

18         content of such notices; amending s. 403.5365,

19         F.S.; revising application fees and the

20         distribution of fees collected; revising

21         procedures for reimbursement of local

22         governments and regional planning

23         organizations; amending s. 403.537, F.S.;

24         revising the schedule for notice of a public

25         hearing by the Public Service Commission in

26         order to determine the need for a transmission

27         line; providing that the commission is the sole

28         forum in which to determine the need for a

29         transmission line; amending ss. 373.441,

30         403.061, 403.0876, and 403.809, F.S.;

31         conforming terminology to changes made by the

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 1         act; repealing ss. 403.5253 and 403.5369, F.S.,

 2         relating to determination of sufficiency of

 3         application or amendment to the application and

 4         the application of the act to applications

 5         filed before a certain date; creating s.

 6         570.954, F.S.; providing a short title;

 7         providing legislative findings; providing

 8         purposes; providing definitions; establishing

 9         the Farm to Fuel Grants Program; providing

10         criteria for distribution of grants;

11         authorizing appointment of an advisory council;

12         providing purposes; providing membership;

13         authorizing the department to adopt rules;

14         providing an appropriation; creating s.

15         220.192, F.S.; providing certain tax credits

16         for certain producers of ethanol and biodiesel;

17         authorizing the Department of Revenue to adopt

18         certain rules relating to the tax credits;

19         providing for future repeal of the tax credits;

20         requiring a report to the Governor and

21         Legislature; providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Florida Energy Commission.--

26         (1)  The Florida Energy Commission is created and shall

27  be located within the Office of Legislative Services for

28  administrative purposes. The commission shall be comprised of

29  a total of 19 members, of whom nine shall be voting members

30  and ten shall be nonvoting members, as follows:

31  

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 1         (a)  The voting members shall be appointed as follows:

 2  three shall be appointed by the Governor, three shall be

 3  appointed by the President of the Senate in consultation with

 4  the minority leader, and three shall be appointed by the

 5  Speaker of the House of Representatives in consultation with

 6  the minority leader. Voting members shall be appointed to

 7  4-year terms; however, in order to establish staggered terms,

 8  for the initial appointments each appointing official shall

 9  appoint one member to a 2-year term, one member to a 3-year

10  term, and one member to a 4-year term. Voting members must

11  meet the following qualifications and restrictions:

12         1.  A voting member must be an expert in one or more of

13  the following fields: energy, natural resource conservation,

14  economics, engineering, finance, law, consumer protection,

15  state energy policy, or another field substantially related to

16  the duties and functions of the commission. The commission

17  shall fairly represent the fields specified in this

18  subparagraph.

19         2.  A voting member may not, at the time of appointment

20  or during his or her term of office:

21         a.  Have any financial interest, other than ownership

22  of shares in a mutual fund, in any business entity that,

23  directly or indirectly, owns or controls, or is an affiliate

24  or subsidiary of, any business entity that may profit by the

25  policy recommendations developed by the commission.

26         b.  Be employed by or engaged in any business activity

27  with any business entity that, directly or indirectly, owns or

28  controls, or is an affiliate or subsidiary of, any business

29  entity that may profit by the policy recommendations developed

30  by the commission.

31         (b)  The nonvoting members shall include:

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 1         1.  The chair of the Florida Public Service Commission;

 2         2.  The Public Counsel;

 3         3.  The Commissioner of Agriculture;

 4         4.  The Secretary of Environmental Protection;

 5         5.  The Secretary of Community Affairs;

 6         6.  The Secretary of Transportation;

 7         7.  The Secretary of Health;

 8         8.  The director of the Office of Insurance Regulation;

 9         9.  The chair of the State Board of Education; and

10         10.  The executive director of the Florida Solar Energy

11  Center.

12         (2)  Voting members shall serve without compensation,

13  but are entitled to reimbursement for per diem and travel

14  expenses as provided by s. 112.061, Florida Statutes.

15  Nonvoting members shall serve at the expense of the entity

16  they represent.

17         (3)  The Governor shall select the chair. Meetings of

18  the commission shall be held in various locations around the

19  state and at the call of the chair; however, the commission

20  must meet at least twice each year.

21         (4)(a)  The commission may employ staff to assist in

22  the performance of its duties, including an executive

23  director, an attorney, a communications person, and an

24  executive assistant. The commission may also appoint technical

25  advisory committees to focus on specific topics within its

26  charge.

27         (b)  Agencies whose heads serve as nonvoting members

28  shall supply staff and resources as necessary to provide

29  information needed by the commission.

30         (c)  The commission may appoint focus groups to

31  consider specific issues.

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 1         (5)  The commission shall develop recommendations for

 2  legislation to establish a state energy policy, giving

 3  consideration to the issues set forth in subsections (8) and

 4  (9). The recommendations of the commission shall be based on

 5  the guiding principles of reliability, efficiency,

 6  affordability, and diversity as provided in subsection (7).

 7  The commission shall continually review the state energy

 8  policy and shall recommend to the Legislature any additional

 9  necessary changes or improvements. The commission shall also

10  perform other duties as set forth in general law.

11         (6)  The commission shall report by December 31 of each

12  year to the Governor, the Cabinet, the President of the

13  Senate, and the Speaker of the House of Representatives on its

14  progress and recommendations, including draft legislation. The

15  commission's initial report must identify incentives for

16  research, development, or deployment projects involving the

17  goals and issues set forth in this section; set forth

18  recommendations for improvements to the electricity

19  transmission and distribution system, including recommended

20  incentives to encourage electric utilities and local

21  governments to work together in good faith on issues of

22  underground utilities; set forth the appropriate test for the

23  Florida Public Service Commission to use in determining which

24  energy efficiency programs are cost-effective and should be

25  implemented, together with the rationale in selecting the

26  test; and set forth a plan of action, together with a

27  timetable, for addressing the remaining issues.

28         (7)  In developing its recommendations, the commission

29  shall be guided by the principles of reliability, efficiency,

30  affordability, and diversity, and more specifically as

31  follows:

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 1         (a)  The state should have a reliable electric supply,

 2  with adequate reserves.

 3         (b)  The transmission and delivery of electricity

 4  should be reliable.

 5         (c)  The generation, transmission, and delivery of

 6  electricity should be accomplished with the least detriment to

 7  the environment and public health.

 8         (d)  The generation, transmission, and delivery of

 9  electricity should be accomplished compatibly with the goals

10  for growth management.

11         (e)  Electricity generation, transmission, and delivery

12  facilities should be reasonably secure from damage, taking all

13  factors into consideration, and recovery from damage should be

14  prompt.

15         (f)  Electric rates should be affordable, as to base

16  rates and all recovery-clause additions, with sufficient

17  incentives for utilities to achieve this goal.

18         (g)  This state should have a reliable supply of motor

19  vehicle fuels, both under normal circumstances and during

20  hurricanes and other emergency situations.

21         (h)  In-state research, development, and deployment of

22  alternative energy technologies and alternative motor vehicle

23  fuels should be encouraged.

24         (i)  When possible, the resources of this state should

25  be used in achieving these goals.

26         (j)  Consumers of energy should be encouraged and given

27  incentives to be more efficient in their use of energy.

28  

29  In choosing between conflicting or competing goals, the

30  commission shall balance the projected benefits of affordable,

31  reliable energy supplies against detrimental cost and

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 1  environmental impacts and recommend the best solution, with a

 2  complete and detailed explanation of the factors considered

 3  and the rationale for the decision.

 4         (8)  The commission shall develop policy

 5  recommendations concerning the following issues relating to

 6  electric energy:

 7         (a)  Are the current projections for growth in

 8  population and electricity demand and corresponding projected

 9  increases in capacity sufficient to meet needs?

10         (b)  With respect to fossil fuels:

11         1.  What are the projections for the availability and

12  the cost of fossil fuels used to generate electricity?

13         2.  Can and should this state reduce its reliance on

14  domestic or foreign petroleum products?

15         3.  What, if anything, should be done to improve fuel

16  supplies during normal conditions and in emergencies?

17         4.  What, if anything, should be done to encourage

18  additional methods and routes of fuel delivery?

19         5.  Should this state seek redundant natural gas

20  pipelines in order to have a safety net?

21         6.  What other improvements, if any, should be made to

22  methods of fuel delivery?

23         7.  What, if anything, should be done to increase

24  in-state storage of coal and natural gas?

25         8.  Would additional coal plants be beneficial, and if

26  so, what should be done to encourage the construction of such

27  plants?

28         (c)  With respect to fuel diversity and alternative

29  energy technology:

30         1.  What role does fuel diversity play in maximizing

31  reliability and minimizing costs?

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 1         2.  Would additional nuclear plants be beneficial, and

 2  if so, what should be done to encourage the construction of

 3  such plants?

 4         3.  What alternative energy technologies are available

 5  and technically and economically feasible in this state and

 6  what, if anything, should be done to encourage the use of

 7  these resources?

 8         (d)  With respect to the environmental effects of

 9  fossil fuels, alternative fuels, and alternative technologies:

10         1.  What types and levels of pollution are involved

11  with each type of fuel and technology?

12         2.  Can the pollution be avoided or reduced, and if so,

13  what are the costs?

14         3.  Should the Legislature enact pollution standards,

15  and if so, should they be fuel-specific or a more general

16  pollution-portfolio standard that applies to all types of

17  fuels and technologies?

18         4.  What, if anything, should the state do to reduce

19  carbon emissions, taking into consideration what the federal

20  government and other states are doing?

21         5.  How do these issues affect fuel and generation

22  choices?

23         (e)  With respect to demand-side management and

24  efficiency:

25         1.  What role, if any, should demand-side management

26  and efficiency play in meeting electric needs?

27         2.  What, if anything, should be done to improve

28  demand-side management and efficiency of electricity?

29         3.  What state entity should be involved in encouraging

30  and monitoring demand-side management and efficiency?

31  

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 1         4.  What technology, if any, should be used to

 2  encourage advanced metering systems and innovative price

 3  signals?

 4         5.  What can the state do as a consumer of energy to

 5  decrease its use of energy and to be more efficient in its use

 6  of energy?

 7         6.  What is the appropriate test for the Florida Public

 8  Service Commission to use in determining which energy

 9  efficiency programs are cost-effective and should be

10  implemented?

11         (f)  With respect to transmission and distribution

12  facilities:

13         1.  What, if anything, should be done to generally

14  improve the siting of transmission and distribution lines?

15         2.  What technology, if any, should be used to make

16  transmission and distribution more efficient?

17         3.  Should multiple electric lines be located together

18  to minimize the effect on property or located separately to

19  increase reliability?

20         4.  What are the projections for hurricanes?

21         5.  What, if anything, should be done to strengthen or

22  harden transmission facilities or otherwise improve their

23  security and reliability?

24         6.  How do fuel and technology choices affect planning

25  for and recovering from hurricanes?

26         7.  Should distributed generation be considered as part

27  of the solution for reliability or for the purpose of avoiding

28  additional transmission or generation?

29         8.  What types of threats to the electric system, other

30  than hurricanes, should be taken into consideration in this

31  planning?

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 1         (g)  With respect to energy and growth management:

 2         1.  How can the state best provide adequate energy

 3  facilities for existing populations?

 4         2.  How can the state best provide for compatible goals

 5  and laws for future energy and growth-management needs?

 6         3.  How should issues of restoring energy supplies

 7  after a hurricane or other emergency affect growth management

 8  and local government goals and laws?

 9         4.  What changes, if any, should be made to where

10  energy generation, transmission, and distribution facilities

11  are sited, and what changes, if any, should be made to how

12  strategic or essential service facilities are sited relative

13  to those energy supplies?

14         (h)  In making all these choices, what, if anything,

15  should be done to avoid or minimize price increases in base

16  rates or recovery clauses for consumers?

17         (i)  With respect to research, development, and

18  deployment of new or alternative energy technologies:

19         1.  What, if anything, should be done to encourage

20  in-state energy research, both public and private?

21         2.  If encouragement of research is appropriate, what

22  types of research should be encouraged?

23         3.  What, if anything, should be done to encourage

24  universities, other state entities, and the private sector to

25  work together in the research, development, and deployment of

26  alternative energy technology, without creating an economic

27  disincentive for any entity?

28         4.  What, if anything, should be done in terms of

29  recruiting companies operating in the energy fields to

30  relocate to this state?

31  

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 1         5.  What, if anything, should be done to provide

 2  funding or assist in obtaining funding for research or for

 3  energy companies in order to further in-state research and the

 4  development of energy technologies?

 5         6.  What state entities should be involved in these

 6  functions?

 7         7.  What are the potential effects of these issues and

 8  choices on tourism, agriculture, small businesses, and

 9  industry in the state?

10         (9)  The commission shall develop policy

11  recommendations concerning the following issues relating to

12  motor vehicle fuels:

13         (a)  With respect to fossil fuels:

14         1.  What are the projections for the availability and

15  cost of motor vehicle fossil fuel?

16         2.  What, if anything, should be done to increase the

17  availability of motor vehicle fossil fuels in this state

18  during normal circumstances and during hurricanes or other

19  emergencies?

20         3.  What, if anything, should be done to improve the

21  delivery of fuel into the state?

22         4.  What, if anything, should be done relative to

23  ports? What, if anything, should be done to improve port

24  deliveries? What, if anything, should be done to improve the

25  capacity and service at existing ports or to open more ports?

26         5.  What, if anything, should be done to encourage

27  pipelines?

28         6.  What, if anything, should be done to improve the

29  security of and access to in-state supplies?

30         7.  What improvements, if any, should be made relating

31  to the in-state storage of motor vehicle fuels?

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 1         8.  What else, if anything, should be done to avoid or

 2  ameliorate shortages and price increases?

 3         (b)  With respect to alternatives to fossil fuels for

 4  motor vehicles:

 5         1.  What, if anything, should be done to encourage the

 6  use of alternative fuels?

 7         2.  What, if anything, should be done to produce fuels

 8  within this state and to maximize the state's resources?

 9         3.  What facilities for fuel distribution and sales

10  would be necessary, and what, if anything, should be done to

11  encourage the development of these facilities?

12         4.  What effect would these alternatives have on the

13  recovery from hurricanes or other emergencies?

14         5.  What can the state do as a consumer of motor

15  vehicle fuels to decrease its use of such fuels and to be more

16  efficient in its use of fuels?

17         (c)  What can be done to maximize the compatibility of

18  any system changes and growth-management goals and laws?

19         (d)  With respect to the research, development, and

20  deployment of alternative fuels:

21         1.  What, if anything, should be done to encourage

22  in-state research, both public and private?

23         2.  What, if anything, should be done to encourage

24  universities to work together, with other state entities, and

25  with the private sector in the research, development, and

26  deployment of alternative fuels, without creating any

27  disincentive for any entity?

28         3.  What, if anything, should be done to recruit or

29  encourage companies working with alternative fuels to locate

30  in this state?

31  

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 1         4.  What, if anything, should be done to provide

 2  funding or assist in obtaining funding for universities, state

 3  entities, or the private sector in order to encourage in-state

 4  research and development of energy technologies relating to

 5  motor vehicles?

 6         5.  What state entities should be involved in these

 7  functions?

 8         6.  What are the potential effects of these issues and

 9  choices on tourism, agriculture, small business, and industry

10  in the state?

11         Section 2.  The state energy program, as authorized and

12  governed by ss. 377.701 and 377.703, Florida Statutes,

13  including all statutory powers, duties, functions, rules,

14  records, personnel, property, and unexpended balances of

15  appropriations, allocations, and other funds associated with

16  the program, is transferred intact by a type two transfer, as

17  defined in s. 20.06(2), Florida Statutes, from the Department

18  of Environmental Protection to the Florida Energy Commission.

19         Section 3.  The Florida Public Service Commission shall

20  direct a study of the electric transmission grid in the state.

21  The study shall look at electric system reliability to examine

22  the efficiency and reliability of power transfer and emergency

23  contingency conditions. In addition, the study shall examine

24  the hardening of infrastructure to address issues arising from

25  the 2004 and 2005 hurricane seasons. A report of the results

26  of the study shall be provided to the Governor, the President

27  of the Senate, and the Speaker of the House of Representatives

28  by March 1, 2007.

29         Section 4.  Legislative findings and intent.--The

30  Legislature finds that advancing the development of renewable

31  energy technologies and energy efficiency is important for the

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 1  state's future, its energy stability, and the protection of

 2  its citizens' public health and its environment. The

 3  Legislature finds that the development of renewable energy

 4  technologies and energy efficiency in the state will help to

 5  reduce demand for foreign fuels, promote energy diversity,

 6  enhance system reliability, reduce pollution, educate the

 7  public on the promise of renewable energy technologies, and

 8  promote economic growth. The Legislature finds that there is a

 9  need to assist in the development of market demand that will

10  advance the commercialization and widespread application of

11  renewable energy technologies. The Legislature further finds

12  that the state is ideally positioned to stimulate economic

13  development through such renewable energy technologies due to

14  its ongoing and successful research and development track

15  record in these areas, an abundance of natural and renewable

16  energy sources, an ability to attract significant federal

17  research and development funds, and the need to find and

18  secure renewable energy technologies for the benefit of its

19  citizens, visitors, and environment.

20         Section 5.  Section 377.801, Florida Statutes, is

21  created to read:

22         377.801  Short title.--Sections 377.801-377.806 may be

23  cited as the "Florida Renewable Energy Technologies and Energy

24  Efficiency Act."

25         Section 6.  Section 377.802, Florida Statutes, is

26  created to read:

27         377.802  Purpose.--This act is intended to provide

28  matching grants to stimulate capital investment in the state

29  and to enhance the market for and promote the statewide

30  utilization of renewable energy technologies. The targeted

31  grants program is designed to advance the already growing

                                  24

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 1  establishment of renewable energy technologies in the state

 2  and encourage the use of other incentives such as tax

 3  exemptions and regulatory certainty to attract additional

 4  renewable energy technology producers, developers, and users

 5  to the state. This act is also intended to provide rebates for

 6  energy efficient appliances and for solar energy equipment

 7  installations for residential and commercial buildings.

 8         Section 7.  Section 377.803, Florida Statutes, is

 9  created to read:

10         377.803  Definitions.--As used in this act, the term:

11         (1)  "Act" means the Florida Renewable Energy

12  Technologies and Energy Efficiency Act.

13         (2)  "Department" means the Department of Environmental

14  Protection.

15         (3)  "Energy Star qualified appliance" means a

16  refrigerator, residential model clothes washer including a

17  residential style coin operated clothes washer, or dishwasher

18  that has been designated by the United States Environmental

19  Protection Agency and the United States Department of Energy

20  as meeting or exceeding the energy saving efficiency

21  requirements under each agency's Energy Star program.

22         (4)  "Person" means an individual, partnership, joint

23  venture, private or public corporation, association, firm,

24  public service company, or any other public or private entity.

25         (5)  "Renewable energy" means renewable energy as

26  defined in s. 366.91.

27         (6)  "Renewable energy technology" means any technology

28  that generates or utilizes a renewable energy resource.

29         (7)  "Solar energy system" means equipment that

30  provides for the collection and use of incident solar energy

31  for water heating, space heating or cooling, or other

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 1  applications that require a conventional source of energy such

 2  as petroleum products, natural gas, or electricity and that

 3  performs primarily with solar energy. In other systems in

 4  which solar energy is used in a supplemental way, only those

 5  components which collect and transfer solar energy shall be

 6  included in this definition. The term "solar energy system"

 7  does not include a swimming pool heater.

 8         (8)  "Solar photovoltaic system" means a device that

 9  converts incident sunlight into electrical current.

10         (9)  "Solar thermal system" means a device that traps

11  heat from incident sunlight in order to heat water.

12         Section 8.  Section 377.804, Florida Statutes, is

13  created to read:

14         377.804  Renewable Energy Technologies Grants

15  Program.--

16         (1)  The Renewable Energy Technologies Grants Program

17  is established within the department to provide renewable

18  energy matching grants for demonstration, commercialization,

19  research, and development projects relating to renewable

20  energy technologies.

21         (2)  Matching grants for renewable energy technology

22  demonstration, commercialization, research, and development

23  projects may be made to any of the following:

24         (a)  Municipalities and county governments.

25         (b)  Established for-profit companies licensed to do

26  business in the state.

27         (c)  Universities and colleges.

28         (d)  Utilities located and operating within the state.

29         (e)  Not-for-profit organizations.

30         (f)  Other qualified persons, as determined by the

31  department.

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 1         (3)  The department may adopt rules pursuant to ss.

 2  120.536(1) and 120.54 to administer the awarding of grants

 3  under this program.

 4         (4)  Factors the department shall consider in awarding

 5  grants include, but are not limited to:

 6         (a)  The degree to which the project stimulates

 7  in-state capital investment and economic development in

 8  metropolitan and rural areas, including the creation of jobs

 9  and the future development of a commercial market for

10  renewable energy technologies.

11         (b)  The extent to which the proposed project has been

12  demonstrated to be technically feasible based on pilot project

13  demonstrations, laboratory testing, scientific modeling, or

14  engineering or chemical theory which supports the proposal.

15         (c)  The degree to which the project incorporates an

16  innovative new technology or an innovative application of an

17  existing technology.

18         (d)  The degree to which a project generates thermal,

19  mechanical, or electrical energy by means of a renewable

20  energy resource that has substantial long-term production

21  potential.

22         (e)  The degree to which a project demonstrates

23  efficient use of energy and material resources.

24         (f)  The degree to which the project fosters overall

25  understanding and appreciation of renewable energy

26  technologies.

27         (g)  The availability of matching funds from an

28  applicant.

29         (h)  Other in-kind contributions applied to the total

30  project.

31         (i)  The ability to administer a complete project.

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 1         (j)  Project duration and timeline for expenditures.

 2         (k)  The geographic area in which the project is to be

 3  conducted in relation to other projects.

 4         (l)  The degree of public visibility and interaction.

 5         Section 9.  Section 377.805, Florida Statutes, is

 6  created to read:

 7         377.805  Energy Efficient Appliance Rebate Program.--

 8         (1)  The Energy Efficient Appliances Rebate Program is

 9  established within the department to provide for financial

10  incentives for the purchase of Energy Star qualified

11  appliances as specified in this section.

12         (2)  Any resident of the state who purchases a new

13  Energy Star qualified appliance from July 1, 2006, through

14  June 30, 2010, from a retail store in the state is eligible

15  for a rebate of a portion of the purchase price of that Energy

16  Star qualified appliance.

17         (3)  The department shall adopt rules pursuant to ss.

18  120.536(1) and 120.54 to designate rebate amounts and

19  administer the issuance of rebates. The department's rules may

20  include separate incentives for low-income families to

21  purchase Energy Star qualified appliances.

22         (4)  Application for a rebate must be made within 90

23  days after the purchase of the Energy Star qualified

24  appliance.

25         (5)  A person is limited to one rebate per type of

26  appliance per year.

27         (6)  The total dollar amount of all rebates issued by

28  the department is subject to the total amount of

29  appropriations in any fiscal year for this program. If funds

30  are insufficient during the current fiscal year, any requests

31  

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 1  for rebates received during that fiscal year may be processed

 2  during the following fiscal year.

 3         (7)  The department shall determine and publish on a

 4  regular basis the amount of rebate funds remaining in each

 5  fiscal year.

 6         Section 10.  Section 377.806, Florida Statutes, is

 7  created to read:

 8         377.806  Solar Energy System Rebate Program.--

 9         (1)  The Solar Energy System Rebate Program is

10  established within the department to provide for financial

11  incentives for the purchase of solar energy systems.

12         (2)  Any person who is a resident of this state and who

13  purchases a new solar energy system from July 1, 2006, through

14  June 30, 2010, of 2 kilowatts or larger for a solar

15  photovoltaic system, or a solar energy system that provides at

16  least 50 percent of a building's hot water consumption for a

17  solar thermal system and has the system installed by a

18  certified solar contractor, is eligible for a rebate.

19         (3)  The department shall adopt rules pursuant to ss.

20  120.536(1) and 120.54 to designate rebate amounts and

21  administer the issuance of rebates.

22         (4)  Application for a rebate must be made within 90

23  days after the purchase of the solar energy equipment.

24         (5)  Rebates are limited to two per person.

25         (6)  The total dollar amount of all rebates issued by

26  the department is subject to the total amount of

27  appropriations in any fiscal year for this program. If funds

28  are insufficient during the current fiscal year, any requests

29  for rebates received during that fiscal year may be processed

30  during the following fiscal year.

31  

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 1         (7)  The department shall determine and publish on a

 2  regular basis the amount of rebate funds remaining in each

 3  fiscal year.

 4         Section 11.  Paragraph (ccc) is added to subsection (7)

 5  of section 212.08, Florida Statutes, to read:

 6         212.08  Sales, rental, use, consumption, distribution,

 7  and storage tax; specified exemptions.--The sale at retail,

 8  the rental, the use, the consumption, the distribution, and

 9  the storage to be used or consumed in this state of the

10  following are hereby specifically exempt from the tax imposed

11  by this chapter.

12         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to

13  any entity by this chapter do not inure to any transaction

14  that is otherwise taxable under this chapter when payment is

15  made by a representative or employee of the entity by any

16  means, including, but not limited to, cash, check, or credit

17  card, even when that representative or employee is

18  subsequently reimbursed by the entity. In addition, exemptions

19  provided to any entity by this subsection do not inure to any

20  transaction that is otherwise taxable under this chapter

21  unless the entity has obtained a sales tax exemption

22  certificate from the department or the entity obtains or

23  provides other documentation as required by the department.

24  Eligible purchases or leases made with such a certificate must

25  be in strict compliance with this subsection and departmental

26  rules, and any person who makes an exempt purchase with a

27  certificate that is not in strict compliance with this

28  subsection and the rules is liable for and shall pay the tax.

29  The department may adopt rules to administer this subsection.

30         (ccc)  Equipment, machinery, and other materials for

31  renewable energy technologies.--

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 1         1.  Definitions.--As used in this paragraph, the term:

 2         a.  "Biodiesel" means a fuel comprised of mono-alkyl

 3  esters of long-chain fatty acids derived from vegetable oils

 4  or animal fats meeting the requirements of American Society

 5  for Testing and Materials (ASTM) standard D6751. Biodiesel may

 6  refer to a blend of biodiesel fuel meeting the ASTM standard

 7  D6751 with petroleum-based diesel fuel, designated BXX, where

 8  XX represents the volume percentage of biodiesel fuel in the

 9  blend.

10         b.  "Ethanol" means a high octane, liquid fuel produced

11  by the fermentation of plant sugars meeting the requirements

12  of ASTM standard D5798-99. Ethanol refers to a blend of

13  ethanol fuel meeting ASTM standard D5798-99 with

14  petroleum-based gasoline fuel, designated EXX, where XX

15  represents the volume percentage of ethanol fuel in the blend.

16         c.  "Hydrogen fuel cells" means equipment using

17  hydrogen or a hydrogen rich fuel in an electrochemical process

18  to generate energy, electricity, or the transfer of heat.

19         2.  The sale or use of the following is exempt from the

20  tax imposed by this chapter:

21         a.  Hydrogen-powered vehicles, materials incorporated

22  into hydrogen-powered vehicles, and hydrogen-fueling stations,

23  up to $2 million each fiscal year.

24         b.  Commercial stationary hydrogen fuel cells, up to $1

25  million each fiscal year.

26         c.  Materials used in the distribution of biodiesel

27  (B10-B100) and ethanol (E10-E85), including fueling

28  infrastructure, transportation, and storage, up to $1 million

29  each fiscal year.

30  

31  

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 1         3.  The Department of Environmental Protection shall

 2  provide to the department a list of items eligible for the

 3  exemption.

 4         4.a.  The exemption shall be available to a purchaser

 5  through a refund of previously paid taxes.

 6         b.  To be eligible to receive the exemption, a

 7  purchaser shall file an application with the Department of

 8  Environmental Protection. The application shall be developed

 9  by the Department of Environmental Protection, in consultation

10  with the department, and shall require:

11         (I)  The name and address of the person claiming the

12  refund.

13         (II)  A specific description of the purchase for which

14  a refund is sought, including, when applicable, a serial

15  number or other permanent identification number.

16         (III)  The sales invoice or other proof of purchase

17  showing the amount of sales tax paid, the date of purchase,

18  and the name and address of the sales tax dealer from whom the

19  property was purchased.

20         (IV)  A sworn statement that the information provided

21  is accurate.

22         c.  Within 30 days after receipt of an application, the

23  Department of Environmental Protection shall review the

24  application and shall notify the applicant of any

25  deficiencies. Upon receipt of a completed application, the

26  Department of Environmental Protection shall evaluate the

27  application for exemption and issue a written certification

28  that the applicant is eligible for a refund or issue a written

29  denial of such certification within 60 days. The Department of

30  Environmental Protection shall provide the department with a

31  

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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 12.  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 13.  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 14.  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  

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 1         1.  Seventy-five percent of all capital costs,

 2  operational and maintenance costs, and research and

 3  development costs incurred between July 1, 2006, and June 30,

 4  2010, up to $3 million per fiscal year, in connection with an

 5  investment in hydrogen powered vehicles and hydrogen vehicle

 6  fueling stations  including, but not limited to, the costs of

 7  constructing, installing, and equipping such technologies in

 8  the state.

 9         2.  Seventy-five percent of all capital costs,

10  operational and maintenance costs, and research and

11  development costs incurred between July 1, 2006, and June 30,

12  2010, up to a limit of $1.5 million in connection with an

13  investment in commercial stationary hydrogen fuel cells

14  including, but not limited to, the costs of constructing,

15  installing, and equipping such technologies in the state.

16         3.  Seventy-five  percent of all capital costs,

17  operational and maintenance costs, and research and

18  development costs incurred between July 1, 2006, and June 30,

19  2010, up to a limit of $6.5 million per fiscal year, in

20  connection with an investment in the production and

21  distribution of biodiesel (B10-B100) and ethanol (E10-E85)

22  including, the costs of constructing, installing, and

23  equipping such technologies in the state.

24         (c)  "Ethanol" means ethanol as defined in s.

25  212.08(7)(ccc).

26         (d)  "Hydrogen fuel cell" means hydrogen fuel cell as

27  defined in s. 212.08(7)(ccc).

28         (2)  TAX CREDIT.--For tax years beginning on or after

29  January 1, 2007, a credit against the tax imposed by this

30  chapter shall be granted in an amount equal to the eligible

31  costs. Credits may be used beginning January 1, 2007,

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 1  through  December 31, 2013, after which the credit shall

 2  expire. If the credit is not fully used in any one tax year

 3  because of insufficient tax liability on the part of the

 4  corporation, the unused amount may be carried forward through

 5  December 31, 2012, after which the credit carryover expires

 6  and may not be used. A taxpayer that files a consolidated

 7  return in this state as a member of an affiliated group under

 8  s. 220.131(1) may be allowed the credit on a consolidated

 9  return basis up to the amount of tax imposed upon the

10  consolidated group. Any eligible cost for which a credit is

11  claimed and which is deducted or otherwise reduces federal

12  taxable income shall be added back in computing adjusted

13  federal income under s. 220.13.

14         (3)  APPLICATION PROCESS.--Any corporation wishing to

15  obtain tax credits available under this section must submit to

16  the Department of Environmental Protection an application for

17  tax credit that includes a complete description of all

18  eligible costs for which the corporation is seeking a credit

19  and a description of the total amount of credits sought. The

20  Department of Environmental Protection shall make a

21  determination on the eligibility of the applicant for the

22  credits sought and certify the determination to the applicant

23  and the Department of Revenue. The corporation must attach the

24  Department of Environmental Protection's certification to the

25  tax return on which the credit is claimed. The Department of

26  Environmental Protection is authorized to adopt the necessary

27  rules, guidelines, and application materials for the

28  application process.

29         (4)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF

30  CREDITS.--

31  

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 1         (a)  In addition to its existing audit and

 2  investigation authority, the Department of Revenue may perform

 3  any additional financial and technical audits and

 4  investigations, including examining the accounts, books, and

 5  records of the tax credit applicant, that are necessary to

 6  verify the eligible costs included in the tax credit return

 7  and to ensure compliance with this section. The Department of

 8  Environmental Protection shall provide technical assistance

 9  when requested by the Department of Revenue on any technical

10  audits or examinations performed pursuant to this section.

11         (b)  It is grounds for forfeiture of previously claimed

12  and received tax credits if the Department of Revenue

13  determines, as a result of either an audit or examination or

14  from information received from the Department of Environmental

15  Protection, that a taxpayer received tax credits pursuant to

16  this section to which the taxpayer was not entitled. The

17  taxpayer is responsible for returning forfeited tax credits to

18  the Department of Revenue, and such funds shall be paid into

19  the General Revenue Fund of the state.

20         (c)  The Department of Environmental Protection may

21  revoke or modify any written decision granting eligibility for

22  tax credits under this section if it is discovered that the

23  tax credit applicant submitted any false statement,

24  representation, or certification in any application, record,

25  report, plan, or other document filed in an attempt to receive

26  tax credits under this section. The Department of

27  Environmental Protection shall immediately notify the

28  Department of Revenue of any revoked or modified orders

29  affecting previously granted tax credits. Additionally, the

30  taxpayer must notify the Department of Revenue of any change

31  in its tax credit claimed.

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 1         (d)  The taxpayer shall file with the Department of

 2  Revenue an amended return or such other report as the

 3  Department of Revenue prescribes by rule and shall pay any

 4  required tax and interest within 60 days after the taxpayer

 5  receives notification from the Department of Environmental

 6  Protection that previously approved tax credits have been

 7  revoked or modified. If the revocation or modification order

 8  is contested, the taxpayer shall file as provided in this

 9  paragraph within 60 days after a final order is issued

10  following proceedings.

11         (e)  A notice of deficiency may be issued by the

12  Department of Revenue at any time within 3 years after the

13  taxpayer receives formal notification from the Department of

14  Environmental Protection that previously approved tax credits

15  have been revoked or modified. If a taxpayer fails to notify

16  the Department of Revenue of any changes to its tax credit

17  claimed, a notice of deficiency may be issued at any time.

18         (5)  RULES.--The Department of Revenue shall have the

19  authority to adopt rules relating to the forms required to

20  claim a tax credit under this section, the requirements and

21  basis for establishing an entitlement to a credit, and the

22  examination and audit procedures required to administer this

23  section.

24         (6)  PUBLICATION.--The Department of Environmental

25  Protection shall determine and publish on a regular basis the

26  amount of available tax credits remaining in each fiscal year.

27         (7)  REPEAL.--The provisions of this section, except

28  the credit carryover provisions provided in subsection (2),

29  are repealed on July 1, 2010.

30         Section 15.  Paragraph (a) of subsection (1) of section

31  220.13, Florida Statutes, is amended to read:

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 1         220.13  "Adjusted federal income" defined.--

 2         (1)  The term "adjusted federal income" means an amount

 3  equal to the taxpayer's taxable income as defined in

 4  subsection (2), or such taxable income of more than one

 5  taxpayer as provided in s. 220.131, for the taxable year,

 6  adjusted as follows:

 7         (a)  Additions.--There shall be added to such taxable

 8  income:

 9         1.  The amount of any tax upon or measured by income,

10  excluding taxes based on gross receipts or revenues, paid or

11  accrued as a liability to the District of Columbia or any

12  state of the United States which is deductible from gross

13  income in the computation of taxable income for the taxable

14  year.

15         2.  The amount of interest which is excluded from

16  taxable income under s. 103(a) of the Internal Revenue Code or

17  any other federal law, less the associated expenses disallowed

18  in the computation of taxable income under s. 265 of the

19  Internal Revenue Code or any other law, excluding 60 percent

20  of any amounts included in alternative minimum taxable income,

21  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

22  taxpayer pays tax under s. 220.11(3).

23         3.  In the case of a regulated investment company or

24  real estate investment trust, an amount equal to the excess of

25  the net long-term capital gain for the taxable year over the

26  amount of the capital gain dividends attributable to the

27  taxable year.

28         4.  That portion of the wages or salaries paid or

29  incurred for the taxable year which is equal to the amount of

30  the credit allowable for the taxable year under s. 220.181.

31  

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 1  The provisions of this subparagraph shall expire and be void

 2  on June 30, 2005.

 3         5.  That portion of the ad valorem school taxes paid or

 4  incurred for the taxable year which is equal to the amount of

 5  the credit allowable for the taxable year under s. 220.182.

 6  The provisions of this subparagraph shall expire and be void

 7  on June 30, 2005.

 8         6.  The amount of emergency excise tax paid or accrued

 9  as a liability to this state under chapter 221 which tax is

10  deductible from gross income in the computation of taxable

11  income for the taxable year.

12         7.  That portion of assessments to fund a guaranty

13  association incurred for the taxable year which is equal to

14  the amount of the credit allowable for the taxable year.

15         8.  In the case of a nonprofit corporation which holds

16  a pari-mutuel permit and which is exempt from federal income

17  tax as a farmers' cooperative, an amount equal to the excess

18  of the gross income attributable to the pari-mutuel operations

19  over the attributable expenses for the taxable year.

20         9.  The amount taken as a credit for the taxable year

21  under s. 220.1895.

22         10.  Up to nine percent of the eligible basis of any

23  designated project which is equal to the credit allowable for

24  the taxable year under s. 220.185.

25         11.  The amount taken as a credit for the taxable year

26  under s. 220.187.

27         12.  The amount taken as a credit for the taxable year

28  under s. 220.192.

29         Section 16.  Subsection (2) of section 186.801, Florida

30  Statutes, is amended to read:

31         186.801  Ten-year site plans.--

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 1         (2)  Within 9 months after the receipt of the proposed

 2  plan, the commission shall make a preliminary study of such

 3  plan and classify it as "suitable" or "unsuitable." The

 4  commission may suggest alternatives to the plan. All findings

 5  of the commission shall be made available to the Department of

 6  Environmental Protection for its consideration at any

 7  subsequent electrical power plant site certification

 8  proceedings. It is recognized that 10-year site plans

 9  submitted by an electric utility are tentative information for

10  planning purposes only and may be amended at any time at the

11  discretion of the utility upon written notification to the

12  commission. A complete application for certification of an

13  electrical power plant site under chapter 403, when such site

14  is not designated in the current 10-year site plan of the

15  applicant, shall constitute an amendment to the 10-year site

16  plan. In its preliminary study of each 10-year site plan, the

17  commission shall consider such plan as a planning document and

18  shall review:

19         (a)  The need, including the need as determined by the

20  commission, for electrical power in the area to be served.

21         (b)  The effect on fuel diversity within the state.

22         (c)(b)  The anticipated environmental impact of each

23  proposed electrical power plant site.

24         (d)(c)  Possible alternatives to the proposed plan.

25         (e)(d)  The views of appropriate local, state, and

26  federal agencies, including the views of the appropriate water

27  management district as to the availability of water and its

28  recommendation as to the use by the proposed plant of salt

29  water or fresh water for cooling purposes.

30         (f)(e)  The extent to which the plan is consistent with

31  the state comprehensive plan.

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 1         (g)(f)  The plan with respect to the information of the

 2  state on energy availability and consumption.

 3         Section 17.  Subsection (6) of section 366.04, Florida

 4  Statutes, is amended to read:

 5         366.04  Jurisdiction of commission.--

 6         (6)  The commission shall further have exclusive

 7  jurisdiction to prescribe and enforce safety standards for

 8  transmission and distribution facilities of all public

 9  electric utilities, cooperatives organized under the Rural

10  Electric Cooperative Law, and electric utilities owned and

11  operated by municipalities. In adopting safety standards, the

12  commission shall, at a minimum:

13         (a)  Adopt the 1984 edition of the National Electrical

14  Safety Code (ANSI C2) as initial standards; and

15         (b)  Adopt, after review, any new edition of the

16  National Electrical Safety Code (ANSI C2).

17  

18  The standards prescribed by the current 1984 edition of the

19  National Electrical Safety Code (ANSI C2) shall constitute

20  acceptable and adequate requirements for the protection of the

21  safety of the public, and compliance with the minimum

22  requirements of that code shall constitute good engineering

23  practice by the utilities. The administrative authority

24  referred to in the 1984 edition of the National Electrical

25  Safety Code is the commission. However, nothing herein shall

26  be construed as superseding, repealing, or amending the

27  provisions of s. 403.523(1) and (10).

28         Section 18.  Subsections (1) and (8) of section 366.05,

29  Florida Statutes, are amended to read:

30         366.05  Powers.--

31  

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 1         (1)  In the exercise of such jurisdiction, the

 2  commission shall have power to prescribe fair and reasonable

 3  rates and charges, classifications, standards of quality and

 4  measurements, including the ability to adopt construction

 5  standards that exceed the National Electrical Safety Code, for

 6  purposes of ensuring the reliable provision of service and

 7  service rules and regulations to be observed by each public

 8  utility; to require repairs, improvements, additions,

 9  replacements, and extensions to the plant and equipment of any

10  public utility when reasonably necessary to promote the

11  convenience and welfare of the public and secure adequate

12  service or facilities for those reasonably entitled thereto;

13  to employ and fix the compensation for such examiners and

14  technical, legal, and clerical employees as it deems necessary

15  to carry out the provisions of this chapter; and to adopt

16  rules pursuant to ss. 120.536(1) and 120.54 to implement and

17  enforce the provisions of this chapter.

18         (8)  If the commission determines that there is

19  probable cause to believe that inadequacies exist with respect

20  to the energy grids developed by the electric utility

21  industry, including inadequacies in fuel diversity or fuel

22  supply reliability, it shall have the power, after proceedings

23  as provided by law, and after a finding that mutual benefits

24  will accrue to the electric utilities involved, to require

25  installation or repair of necessary facilities, including

26  generating plants and transmission facilities, with the costs

27  to be distributed in proportion to the benefits received, and

28  to take all necessary steps to ensure compliance. The electric

29  utilities involved in any action taken or orders issued

30  pursuant to this subsection shall have full power and

31  authority, notwithstanding any general or special laws to the

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 1  contrary, to jointly plan, finance, build, operate, or lease

 2  generating and transmission facilities and shall be further

 3  authorized to exercise the powers granted to corporations in

 4  chapter 361. This subsection shall not supersede or control

 5  any provision of the Florida Electrical Power Plant Siting

 6  Act, ss. 403.501-403.518.

 7         Section 19.  Subsections (5), (8), (9), (12), and (27)

 8  of section 403.503, Florida Statutes, are amended, subsections

 9  (16) through (28) are renumbered as (17) through (29),

10  respectively, and new subsection (16) is added to that

11  section, to read:

12         403.503  Definitions relating to Florida Electrical

13  Power Plant Siting Act.--As used in this act:

14         (5)  "Application" means the documents required by the

15  department to be filed to initiate a certification review and

16  evaluation, including the initial document filing, amendments,

17  and responses to requests from the department for additional

18  data and information proceeding and shall include the

19  documents necessary for the department to render a decision on

20  any permit required pursuant to any federally delegated or

21  approved permit program.

22         (8)  "Completeness" means that the application has

23  addressed all applicable sections of the prescribed

24  application format, and but does not mean that those sections

25  are sufficient in comprehensiveness of data or in quality of

26  information provided to allow the department to determine

27  whether the application provides the reviewing agencies

28  adequate information to prepare the reports required by s.

29  403.507.

30         (9)  "Corridor" means the proposed area within which an

31  associated linear facility right-of-way is to be located. The

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 1  width of the corridor proposed for certification as an

 2  associated facility, at the option of the licensee applicant,

 3  may be the width of the right-of-way or a wider boundary, not

 4  to exceed a width of 1 mile. The area within the corridor in

 5  which a right-of-way may be located may be further restricted

 6  by a condition of certification. After all property interests

 7  required for the right-of-way have been acquired by the

 8  licensee applicant, the boundaries of the area certified shall

 9  narrow to only that land within the boundaries of the

10  right-of-way.

11         (12)  "Electrical power plant" means, for the purpose

12  of certification, any steam or solar electrical generating

13  facility using any process or fuel, including nuclear

14  materials, except that this term does not include any steam or

15  solar electric generating facility of less than 75 megawatts

16  in capacity unless the applicant for such a facility elects to

17  apply for certification under this act. This term and includes

18  associated facilities which directly support the construction

19  and operation of the electrical power plant such as fuel

20  unloading facilities, pipelines necessary for transporting

21  fuel for the operation of the facility or other fuel

22  transportation facilities, water or wastewater transport

23  pipelines, construction, maintenance and access roads, railway

24  lines necessary for transport of construction equipment or

25  fuel for the operation of the facility, and those associated

26  transmission lines which connect the electrical power plant to

27  an existing transmission network or rights-of-way to which the

28  licensee applicant intends to connect, except that this term

29  does not include any steam or solar electrical generating

30  facility of less than 75 megawatts in capacity unless the

31  applicant for such a facility elects to apply for

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 1  certification under this act. An associated transmission line

 2  may include, at the licensee's applicant's option, any

 3  proposed terminal or intermediate substations or substation

 4  expansions connected to the associated transmission line.

 5         (16)  "Licensee" means an applicant that has obtained a

 6  certification order for the subject project.

 7         (28)(27)  "Ultimate site capacity" means the maximum

 8  generating capacity for a site as certified by the board.

 9  "Sufficiency" means that the application is not only complete

10  but that all sections are sufficient in the comprehensiveness

11  of data or in the quality of information provided to allow the

12  department to determine whether the application provides the

13  reviewing agencies adequate information to prepare the reports

14  required by s. 403.507.

15         Section 20.  Subsections (1), (7), (9), and (10) of

16  section 403.504, Florida Statutes, are amended, and new

17  subsections (9), (10), (11), and (12) are added to that

18  section, to read:

19         403.504  Department of Environmental Protection; powers

20  and duties enumerated.--The department shall have the

21  following powers and duties in relation to this act:

22         (1)  To adopt rules pursuant to ss. 120.536(1) and

23  120.54 to implement the provisions of this act, including

24  rules setting forth environmental precautions to be followed

25  in relation to the location, construction, and operation of

26  electrical power plants.

27         (7)  To conduct studies and prepare a project written

28  analysis under s. 403.507.

29         (9)  To issue final orders after receipt of the

30  administrative law judge's order relinquishing jurisdiction

31  pursuant to s. 403.508(6).

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 1         (10)  To act as clerk for the siting board.

 2         (11)  To administer and manage the terms and conditions

 3  of the certification order and supporting documents and

 4  records for the life of the facility.

 5         (12)  To issue emergency orders on behalf of the board

 6  for facilities licensed under this act.

 7         (9)  To notify all affected agencies of the filing of a

 8  notice of intent within 15 days after receipt of the notice.

 9         (10)  To issue, with the electrical power plant

10  certification, any license required pursuant to any federally

11  delegated or approved permit program.

12         Section 21.  Section 403.5055, Florida Statutes, is

13  amended to read:

14         403.5055  Application for permits pursuant to s.

15  403.0885.--In processing applications for permits pursuant to

16  s. 403.0885 that are associated with applications for

17  electrical power plant certification:

18         (1)  The procedural requirements set forth in 40 C.F.R.

19  s. 123.25, including public notice, public comments, and

20  public hearings, shall be closely coordinated with the

21  certification process established under this part. In the

22  event of a conflict between the certification process and

23  federally required procedures for NPDES permit issuance, the

24  applicable federal requirements shall control.

25         (2)  The department's proposed action pursuant to 40

26  C.F.R. s. 124.6, including any draft NPDES permit (containing

27  the information required under 40 C.F.R. s. 124.6(d)), shall

28  within 130 days after the submittal of a complete application

29  be publicly noticed and transmitted to the United States

30  Environmental Protection Agency for its review pursuant to 33

31  U.S.C. s. 1342(d).

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 1         (3)  The department shall include in its written

 2  analysis pursuant to s. 403.507(3) copies of the department's

 3  proposed action pursuant to 40 C.F.R. s. 124.6 on any

 4  application for a NPDES permit; any corresponding comments

 5  received from the United States Environmental Protection

 6  Agency, the applicant, or the general public; and the

 7  department's response to those comments.

 8         (2)(4)  The department shall not issue or deny the

 9  permit pursuant to s. 403.0885 in advance of the issuance of

10  the electric power plant certification under this part unless

11  required to do so by the provisions of federal law. When

12  possible, any hearing on a permit issued pursuant to s.

13  403.0885, shall be conducted in conjunction with the

14  certification hearing held pursuant to this act. The

15  department's actions on an NPDES permit shall be based on the

16  record and recommended order of the certification hearing, if

17  the hearing on the NPDES was conducted in conjunction with the

18  certification hearing, and of any other proceeding held in

19  connection with the application for an NPDES permit, timely

20  public comments received with respect to the application, and

21  the provisions of federal law. The department's action on an

22  NPDES permit, if issued, shall differ from the actions taken

23  by the siting board regarding the certification order if

24  federal laws and regulations require different action to be

25  taken to ensure compliance with the Clean Water Act, as

26  amended, and implementing regulations. Nothing in this part

27  shall be construed to displace the department's authority as

28  the final permitting entity under the federally approved state

29  NPDES program. Nothing in this part shall be construed to

30  authorize the issuance of a state NPDES permit which does not

31  conform to the requirements of the federally approved state

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 1  NPDES program. The permit, if issued, shall be valid for no

 2  more than 5 years.

 3         (5)  The department's action on an NPDES permit

 4  renewal, if issued, shall differ from the actions taken by the

 5  siting board regarding the certification order if federal laws

 6  and regulations require different action to be taken to ensure

 7  compliance with the Clean Water Act, as amended, and

 8  implementing regulations.

 9         Section 22.  Section 403.506, Florida Statutes, is

10  amended to read:

11         403.506  Applicability and certification.--

12         (1)  The provisions of this act shall apply to any

13  electrical power plant as defined herein, except that the

14  provisions of this act shall not apply to any electrical power

15  plant or steam generating plant of less than 75 megawatts in

16  capacity or to any substation to be constructed as part of an

17  associated transmission line unless the applicant has elected

18  to apply for certification of such plant or substation under

19  this act. No construction of any new electrical power plant or

20  expansion in steam generating capacity as measured by an

21  increase in the maximum normal generator nameplate rating of

22  any existing electrical power plant may be undertaken after

23  October 1, 1973, without first obtaining certification in the

24  manner as herein provided, except that this act shall not

25  apply to any such  electrical power plant which is presently

26  operating or under construction or which has, upon the

27  effective date of chapter 73-33, Laws of Florida, applied for

28  a permit or certification under requirements in force prior to

29  the effective date of such act.

30         (2)  Except as provided in the certification,

31  modification of nonnuclear fuels, internal related hardware,

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 1  including increases in steam turbine efficiency, or operating

 2  conditions not in conflict with certification which increase

 3  the electrical output of a unit to no greater capacity than

 4  the maximum operating capacity of the existing generator shall

 5  not constitute an alteration or addition to generating

 6  capacity which requires certification pursuant to this act.

 7         (3)  The application for any related department license

 8  which is required pursuant to any federally delegated or

 9  approved permit program shall be processed within the time

10  periods allowed by this act, in lieu of those specified in s.

11  120.60. However, permits issued pursuant to s. 403.0885 shall

12  be processed in accordance with 40 C.F.R. part 123.

13         Section 23.  Section 403.5064, Florida Statutes, is

14  amended to read:

15         403.5064  Distribution of application; schedules.--

16         (1)  The formal date of certification application

17  filing and commencement of the certification review process

18  shall be when the applicant submits:

19         (a)  Copies of the certification application as

20  prescribed by rule to the department and other agencies

21  identified in s. 403.507(2)(a).

22         (b)  The application fee specified under s. 403.518 to

23  the department.

24         (2)(1)  Within 7 days after the filing of an

25  application, the department shall provide to the applicant and

26  the Division of Administrative Hearings the names and

27  addresses of any additional those affected or other agencies

28  or persons entitled to notice and copies of the application

29  and any amendments.

30         (3)  Any amendment to the application made prior to

31  certification shall be disposed of as part of the original

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 1  certification proceeding. Amendment of the application may be

 2  considered good cause for alteration of time limits pursuant

 3  to s. 403.5095.

 4         (4)(2)  Within 15 7 days after the application filing

 5  completeness has been determined, the department shall prepare

 6  a proposed schedule of dates for determination of

 7  completeness, submission of statements of issues,

 8  determination of sufficiency, and submittal of final reports,

 9  from affected and other agencies and other significant dates

10  to be followed during the certification process, including

11  dates for filing notices of appearance to be a party pursuant

12  to s. 403.508(3)(4). This schedule shall be timely provided by

13  the department to the applicant, the administrative law judge,

14  all agencies identified pursuant to subsection (2) (1), and

15  all parties. Within 7 days after the filing of this proposed

16  schedule, the administrative law judge shall issue an order

17  establishing a schedule for the matters addressed in the

18  department's proposed schedule and other appropriate matters,

19  if any.

20         (5)(3)  Within 7 days after completeness has been

21  determined, the applicant shall distribute copies of the

22  application to all agencies identified by the department

23  pursuant to subsection (1). Copies of changes and amendments

24  to the application shall be timely distributed by the

25  applicant to all affected agencies and parties who have

26  received a copy of the application.

27         (6)  Notice of the filing of the application shall be

28  published in accordance with the requirements of s. 403.5115.

29         Section 24.  Section 403.5065, Florida Statutes, is

30  amended to read:

31  

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 1         403.5065  Appointment of administrative law judge,

 2  powers and duties.--

 3         (1)  Within 7 days after receipt of an application,

 4  whether complete or not, the department shall request the

 5  Division of Administrative Hearings to designate an

 6  administrative law judge to conduct the hearings required by

 7  this act. The division director shall designate an

 8  administrative law judge within 7 days after receipt of the

 9  request from the department. In designating an administrative

10  law judge for this purpose, the division director shall,

11  whenever practicable, assign an administrative law judge who

12  has had prior experience or training in electrical power plant

13  site certification proceedings. Upon being advised that an

14  administrative law judge has been appointed, the department

15  shall immediately file a copy of the application and all

16  supporting documents with the designated administrative law

17  judge, who shall docket the application.

18         (2)  The administrative law judge shall have all powers

19  and duties granted to administrative law judges by chapter 120

20  and by the laws and rules of the department.

21         Section 25.  Section 403.5066, Florida Statutes, is

22  amended to read:

23         403.5066  Determination of completeness.--

24         (1)(a)  Within 30 days after filing of an application,

25  the affected agencies shall file a statement with the

26  department containing each agency's recommendations on the

27  completeness of the application.

28         (b)  Within 40 15 days after the filing receipt of an

29  application, the department shall file a statement with the

30  Division of Administrative Hearings, and with the applicant,

31  and with all parties declaring its position with regard to the

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 1  completeness, not the sufficiency, of the application. The

 2  department's statement shall be based upon consultation with

 3  the affected agencies.

 4         (2)(1)  If the department declares the application to

 5  be incomplete, the applicant, within 15 days after the filing

 6  of the statement by the department, shall file with the

 7  Division of Administrative Hearings, and with the department,

 8  and all parties a statement:

 9         (a)  A withdrawal of Agreeing with the statement of the

10  department and withdrawing the application;

11         (b)  Additional information necessary to make the

12  application complete. If the department first determined that

13  the application is incomplete, the time schedules under this

14  act shall not be tolled if the applicant makes the application

15  complete within the 15-day time period. A subsequent finding

16  by the department that the application remains incomplete

17  tolls the time schedules under this act until the application

18  is determined complete; Agreeing with the statement of the

19  department and agreeing to amend the application without

20  withdrawing it. The time schedules referencing a complete

21  application under this act shall not commence until the

22  application is determined complete; or

23         (c)  A statement contesting the department's

24  determination of incompleteness; or contesting the statement

25  of the department.

26         (d)  A statement agreeing with the department and

27  requesting additional time to provide the information

28  necessary to make the application complete. If the applicant

29  exercises this option, the time schedules under this act are

30  tolled until the application is determined complete.

31  

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 1         (3)(a)(2)  If the applicant contests the determination

 2  by the department that an application is incomplete, the

 3  administrative law judge shall schedule a hearing on the

 4  statement of completeness. The hearing shall be held as

 5  expeditiously as possible, but not later than 21 30 days after

 6  the filing of the statement by the department. The

 7  administrative law judge shall render a decision within 7 10

 8  days after the hearing.

 9         (b)  Parties to a hearing on the issue of completeness

10  shall include the applicant, the department, and any agency

11  that has jurisdiction over the matter in dispute. Any

12  substantially affected person who wishes to become a party to

13  the completeness hearing must file a motion to intervene no

14  later than 10 days prior to the date of the hearing.

15         (c)(a)  If the administrative law judge determines that

16  the application was not complete as filed, the applicant shall

17  withdraw the application or make such additional submittals as

18  necessary to complete it. The time schedules referencing a

19  complete application under this act shall not commence until

20  the application is determined complete.

21         (d)(b)  If the administrative law judge determines that

22  the application was complete at the time it was declared

23  incomplete filed, the time schedules referencing a complete

24  application under this act shall commence upon such

25  determination.

26         (4)  If the applicant provides additional information

27  to address the issues identified in the determination of

28  incompleteness, each affected agency may submit to the

29  department, no later than 15 days after the applicant files

30  the additional information, a recommendation on whether the

31  agency believes the application is complete. Within 22 days

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 1  after receipt of the additional information from the applicant

 2  submitted under paragraph (2)(b), paragraph (2)(d), or

 3  paragraph (3)(c), the department shall determine whether the

 4  additional information supplied by an applicant makes the

 5  application complete. If the department finds that the

 6  application is still incomplete, the applicant may exercise

 7  any of the options specified in subsection (2) as often as is

 8  necessary to resolve the dispute.

 9         Section 26.  Section 403.50663, Florida Statutes, is

10  created to read:

11         403.50663  Informational public meetings.--

12         (1)  Each local government or regional planning

13  council, in the jurisdiction of which the power plant is

14  proposed to be sited, may hold one informational public

15  meeting in addition to the hearings specifically authorized by

16  this act on any matter associated with the electric power

17  plant proceeding. Such informational public meetings shall be

18  held no later than 70 days after the application is filed. The

19  purpose of an informational public meeting is for the local

20  government or regional planning council to further inform the

21  public about the proposed electric power plant or associated

22  facilities, obtain comments from the public, and formulate its

23  recommendation with respect to the proposed electric power

24  plant.

25         (2)  Informational public meetings shall be held solely

26  at the option of each local government or regional planning

27  council. It is the legislative intent that local governments

28  or regional planning councils attempt to hold such public

29  meetings. Parties to the proceedings under this act shall be

30  encouraged to attend; however, no party other than the

31  

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 1  applicant and the department shall be required to attend such

 2  informational public meetings.

 3         (3)  A local government or regional planning council

 4  that intends to conduct an informational public meeting must

 5  provide notice of the meeting to all parties not less than 5

 6  days prior to the meeting.

 7         (4)  The failure to hold an informational public

 8  meeting or the procedure used for the informational public

 9  meeting are not for the alteration of any time limitation in

10  this act under s. 403.5095 or grounds to deny or condition

11  certification.

12         Section 27.  Section 403.50665, Florida Statutes, is

13  created to read:

14         403.50665  Land use consistency determination.--

15         (1)  Within 80 days after the application is filed,

16  each local government shall file a determination with the

17  department and the applicant on the consistency of the site or

18  any directly associated facilities within their jurisdiction

19  with existing land use plans and zoning ordinances which were

20  in effect on the date the application was filed. The applicant

21  shall publish notice of the determination in accordance with

22  the requirements of s. 403.5115. These dates may be altered

23  upon agreement between the applicant, the local government,

24  and the department pursuant to s. 403.5095.

25         (2)  If any substantially affected person wishes to

26  dispute the local government's determination, he or she shall

27  file a petition with the department within 15 days of the

28  publication of notice of the local government's determination.

29  If a hearing is requested, the provisions of s. 403.508(1)

30  shall apply.

31  

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 1         (3)  If it is determined by the local government that

 2  the proposed site or directly associated facility does conform

 3  with existing land use plans and zoning ordinances in effect

 4  as of the date of the application and no petition has been

 5  filed, the responsible zoning or planning authority shall not

 6  thereafter change such land use plans or zoning ordinances so

 7  as to foreclose construction and operation of the proposed

 8  site or directly associated facilities unless certification is

 9  subsequently denied or withdrawn.

10         Section 28.  Section 403.5067, Florida Statutes, is

11  repealed.

12         Section 29.  Section 403.507, Florida Statutes, is

13  amended to read:

14         403.507  Preliminary statements of issues, reports,

15  project analyses, and studies.--

16         (1)  Each affected agency identified in paragraph

17  (2)(a) shall submit a preliminary statement of issues to the

18  department, and the applicant, and all parties no later than

19  40 60 days after the certification application has been

20  determined distribution of the complete application. The

21  failure to raise an issue in this statement shall not preclude

22  the issue from being raised in the agency's report.

23         (2)(a)  No later than 100 days after the certification

24  application has been determined complete, the following

25  reports shall be submitted to the department and the applicant

26  The following agencies shall prepare reports as provided below

27  and shall submit them to the department and the applicant

28  within 150 days after distribution of the complete

29  application:

30         1.  The Department of Community Affairs shall prepare a

31  report containing recommendations which address the impact

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 1  upon the public of the proposed electrical power plant, based

 2  on the degree to which the electrical power plant is

 3  consistent with the applicable portions of the state

 4  comprehensive plan, emergency management, and other such

 5  matters within its jurisdiction. The Department of Community

 6  Affairs may also comment on the consistency of the proposed

 7  electrical power plant with applicable strategic regional

 8  policy plans or local comprehensive plans and land development

 9  regulations.

10         2.  The Public Service Commission shall prepare a

11  report as to the present and future need for the electrical

12  generating capacity to be supplied by the proposed electrical

13  power plant. The report shall include the commission's

14  determination pursuant to s. 403.519 and may include the

15  commission's comments with respect to any other matters within

16  its jurisdiction.

17         2.3.  The water management district shall prepare a

18  report as to matters within its jurisdiction, including, but

19  not limited to, impact on water resources, impact on regional

20  water supply planning, and impact on district-owned lands and

21  works.

22         3.4.  Each local government in whose jurisdiction the

23  proposed electrical power plant is to be located shall prepare

24  a report as to the consistency of the proposed electrical

25  power plant with all applicable local ordinances, regulations,

26  standards, or criteria that apply to the proposed electrical

27  power plant, including adopted local comprehensive plans, land

28  development regulations, and any applicable local

29  environmental regulations adopted pursuant to s. 403.182 or by

30  other means.

31  

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 1         4.5.  The Fish and Wildlife Conservation Commission

 2  shall prepare a report as to matters within its jurisdiction.

 3         5.6.  Each The regional planning council shall prepare

 4  a report containing recommendations that address the impact

 5  upon the public of the proposed electrical power plant, based

 6  on the degree to which the electrical power plant is

 7  consistent with the applicable provisions of the strategic

 8  regional policy plan adopted pursuant to chapter 186 and other

 9  matters within its jurisdiction.

10         6.  The Department of Transportation shall address the

11  impact of the proposed transmission line or corridor on roads,

12  railroads, airports, aeronautics, seaports, and other matters

13  within its jurisdiction.

14         (b)7.  Any other agency, if requested by the

15  department, shall also perform studies or prepare reports as

16  to matters within that agency's jurisdiction which may

17  potentially be affected by the proposed electrical power

18  plant.

19         (b)  As needed to verify or supplement the studies made

20  by the applicant in support of the application, it shall be

21  the duty of the department to conduct, or contract for,

22  studies of the proposed electrical power plant and site,

23  including, but not limited to, the following, which shall be

24  completed no later than 210 days after the complete

25  application is filed with the department:

26         1.  Cooling system requirements.

27         2.  Construction and operational safeguards.

28         3.  Proximity to transportation systems.

29         4.  Soil and foundation conditions.

30         5.  Impact on suitable present and projected water

31  supplies for this and other competing uses.

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 1         6.  Impact on surrounding land uses.

 2         7.  Accessibility to transmission corridors.

 3         8.  Environmental impacts.

 4         9.  Requirements applicable under any federally

 5  delegated or approved permit program.

 6         (3)(c)  Each report described in subsection (2)

 7  paragraphs (a) and (b) shall contain:

 8         (a)  A notice of any nonprocedural requirements not

 9  specifically listed in the application from which a variance,

10  exemption, exception, all information on variances,

11  exemptions, exceptions, or other relief is necessary in order

12  for the proposed electric power plant to be certified. Failure

13  of such notification by an agency shall be treated as a waiver

14  from nonprocedural requirements of that agency. However, no

15  variance shall be granted from standards or regulations of the

16  department applicable under any federally delegated or

17  approved permit program, except as expressly allowed in such

18  program. which may be required by s. 403.511(2) and

19         (b)  A recommendation for approval or denial of the

20  application.

21         (c)  Any proposed conditions of certification on

22  matters within the jurisdiction of such agency. For each

23  condition proposed by an agency in its report, the agency

24  shall list the specific statute, rule, or ordinance which

25  authorizes the proposed condition.

26         (d)  The agencies shall initiate the activities

27  required by this section no later than 30 days after the

28  complete application is distributed. The agencies shall keep

29  the applicant and the department informed as to the progress

30  of the studies and any issues raised thereby.

31  

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 1         (3)  No later than 60 days after the application for a

 2  federally required new source review or prevention of

 3  significant deterioration permit for the electrical power

 4  plant is complete and sufficient, the department shall issue

 5  its preliminary determination on such permit. Notice of such

 6  determination shall be published as required by the

 7  department's rules for notices of such permits. The department

 8  shall receive public comments and comments from the United

 9  States Environmental Protection Agency and other affected

10  agencies on the preliminary determination as provided for in

11  the federally approved state implementation plan. The

12  department shall maintain a record of all comments received

13  and considered in taking action on such permits. If a petition

14  for an administrative hearing on the department's preliminary

15  determination is filed by a substantially affected person,

16  that hearing shall be consolidated with the certification

17  hearing.

18         (4)(a)  No later than 150 days after the application is

19  filed, the Public Service Commission shall prepare a report as

20  to the present and future need for electric generating

21  capacity to be supplied by the proposed electrical power

22  plant. The report shall include the commission's determination

23  pursuant to s. 403.519 and may include the commission's

24  comments with respect to any other matters within its

25  jurisdiction.

26         (b)  Receipt of an affirmative determination of need by

27  the submittal deadline under paragraph (a) and shall be

28  required for further processing of the application.

29         (5)(4)  The department shall prepare a project written

30  analysis, which shall be filed with the designated

31  administrative law judge and served on all parties no later

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 1  than 130 240 days after the complete application is determined

 2  complete filed with the department, but no later than 60 days

 3  prior to the hearing, and which shall include:

 4         (a)  A statement indicating whether the proposed

 5  electrical power plant and proposed ultimate site capacity

 6  will be in compliance and consistent with matters within the

 7  department's standard jurisdiction, including with the rules

 8  of the department, as well as whether the proposed electrical

 9  power plant and proposed ultimate site capacity will be in

10  compliance with the rules of the affected agencies.

11         (b)  Copies of the studies and reports required by this

12  section and s. 403.519.

13         (c)  The comments received by the department from any

14  other agency or person.

15         (d)  The recommendation of the department as to the

16  disposition of the application, of variances, exemptions,

17  exceptions, or other relief identified by any party, and of

18  any proposed conditions of certification which the department

19  believes should be imposed.

20         (e)  If available, the recommendation of the department

21  regarding the issuance of any license required pursuant to a

22  federally delegated or approved permit program.

23         (f)  Copies of the department's draft of the operation

24  permit for a major source of air pollution, which must also be

25  provided to the United States Environmental Protection Agency

26  for review within 5 days after issuance of the written

27  analysis.

28         (6)(5)  Except when good cause is shown, the failure of

29  any agency to submit a preliminary statement of issues or a

30  report, or to submit its preliminary statement of issues or

31  report within the allowed time, shall not be grounds for the

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 1  alteration of any time limitation in this act. Neither the

 2  failure to submit a preliminary statement of issues or a

 3  report nor the inadequacy of the preliminary statement of

 4  issues or report are shall be grounds to deny or condition

 5  certification.

 6         Section 30.  Section 403.508, Florida Statutes, is

 7  amended to read:

 8         403.508  Land use and certification hearings

 9  proceedings, parties, participants.--

10         (1)(a)  If a petition for a hearing on land use has

11  been filed pursuant to s. 403.50665, the designated

12  administrative law judge shall conduct a land use hearing in

13  the county of the proposed site or directly associated

14  facility, as applicable, within 30 90 days after the

15  department's receipt of the petition a complete application

16  for electrical power plant site certification by the

17  department. The place of such hearing shall be as close as

18  possible to the proposed site or directly associated facility.

19         (b)  Notice of the land use hearing shall be published

20  in accordance with the requirements of s. 403.5115.

21         (c)(2)  The sole issue for determination at the land

22  use hearing shall be whether or not the proposed site is

23  consistent and in compliance with existing land use plans and

24  zoning ordinances.

25         (d)  The designated administrative law judge's

26  recommended order shall be issued within 30 days after

27  completion of the hearing and shall be reviewed by the board

28  within 60 45 days after receipt of the recommended order by

29  the board.

30         (e)  If it is determined by the board that the proposed

31  site does conform with existing land use plans and zoning

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 1  ordinances in effect as of the date of the application, the

 2  responsible zoning or planning authority shall not thereafter

 3  change such land use plans or zoning ordinances so as to

 4  foreclose construction and operation of affect the proposed

 5  site or directly associated facilities unless certification is

 6  subsequently denied or withdrawn.

 7         (f)  If it is determined by the board that the proposed

 8  site does not conform, it shall be the responsibility of the

 9  applicant to make the necessary application for rezoning.

10  Should the application for rezoning be denied, the applicant

11  may appeal this decision to the board, which may, if it

12  determines after notice and hearing that it is in the public

13  interest to authorize the use of the land as a site for an

14  electrical power plant, authorize a variance to the adopted

15  land use plan and zoning ordinances. In the event a variance

16  is denied, it shall be the responsibility of the applicant to

17  make the necessary application for rezoning. No further action

18  may be taken on the complete application by the department

19  until the proposed site conforms to the adopted land use plan

20  or zoning ordinances or the board grants a variance.

21         (2)(a)(3)  A certification hearing shall be held by the

22  designated administrative law judge no later than 250 300 days

23  after the complete application is filed with the department;

24  however, an affirmative determination of need by the Public

25  Service Commission pursuant to s. 403.519 shall be a condition

26  precedent to the conduct of the certification hearing. The

27  certification hearing shall be held at a location in proximity

28  to the proposed site. The certification hearing shall also

29  constitute the sole hearing allowed by chapter 120 to

30  determine the substantial interest of a party regarding any

31  required agency license or any related permit required

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 1  pursuant to any federally delegated or approved permit

 2  program. At the conclusion of the certification hearing, the

 3  designated administrative law judge shall, after consideration

 4  of all evidence of record, submit to the board a recommended

 5  order no later than 60 days after the filing of the hearing

 6  transcript. In the event the administrative law judge fails to

 7  issue a recommended order within 60 days after the filing of

 8  the hearing transcript, the administrative law judge shall

 9  submit a report to the board with a copy to all parties within

10  60 days after the filing of the hearing transcript to advise

11  the board of the reason for the delay in the issuance of the

12  recommended order and of the date by which the recommended

13  order will be issued.

14         (b)(4)(a)  Parties to the proceeding shall include:

15         1.  The applicant.

16         2.  The Public Service Commission.

17         3.  The Department of Community Affairs.

18         4.  The Fish and Wildlife Conservation Commission.

19         5.  The water management district.

20         6.  The department.

21         7.  The regional planning council.

22         8.  The local government.

23         9.  The Department of Transportation.

24         (c)(b)  Any party listed in paragraph (b)(a) other than

25  the department or the applicant may waive its right to

26  participate in these proceedings. If such listed party fails

27  to file a notice of its intent to be a party on or before the

28  90th day prior to the certification hearing, such party shall

29  be deemed to have waived its right to be a party.

30         (d)(c)  Notwithstanding the provisions of chapter 120

31  to the contrary, upon the filing with the administrative law

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 1  judge of a notice of intent to be a party no later than 30 at

 2  least 15 days prior to the date of the certification land use

 3  hearing, the following shall also be parties to the

 4  proceeding:

 5         1.  Any agency not listed in paragraph (b) (a) as to

 6  matters within its jurisdiction.

 7         2.  Any domestic nonprofit corporation or association

 8  formed, in whole or in part, to promote conservation or

 9  natural beauty; to protect the environment, personal health,

10  or other biological values; to preserve historical sites; to

11  promote consumer interests; to represent labor, commercial, or

12  industrial groups; or to promote comprehensive planning or

13  orderly development of the area in which the proposed

14  electrical power plant is to be located.

15         (e)(d)  Notwithstanding paragraph (f)(e), failure of an

16  agency described in subparagraph (d)1.(c)1. to file a notice

17  of intent to be a party within the time provided herein shall

18  constitute a waiver of the right of that agency to participate

19  as a party in the proceeding.

20         (f)(e)  Other parties may include any person, including

21  those persons enumerated in paragraph (d) (c) who have failed

22  to timely file a notice of intent to be a party, whose

23  substantial interests are affected and being determined by the

24  proceeding and who timely file a motion to intervene pursuant

25  to chapter 120 and applicable rules. Intervention pursuant to

26  this paragraph may be granted at the discretion of the

27  designated administrative law judge and upon such conditions

28  as he or she may prescribe any time prior to 30 days before

29  the commencement of the certification hearing.

30         (g)(f)  Any agency, including those whose properties or

31  works are being affected pursuant to s. 403.509(4), shall be

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 1  made a party upon the request of the department or the

 2  applicant.

 3         (3)(a)  The order of presentation at the certification

 4  hearing, unless otherwise changed by the administrative law

 5  judge to ensure the orderly presentation of witnesses and

 6  evidence, shall be:

 7         1.  The applicant.

 8         2.  The department.

 9         3.  State agencies.

10         4.  Regional agencies, including regional planning

11  councils and water management districts.

12         5.  Local governments.

13         6.  Other parties.

14         (b)(5)  When appropriate, any person may be given an

15  opportunity to present oral or written communications to the

16  designated administrative law judge. If the designated

17  administrative law judge proposes to consider such

18  communications, then all parties shall be given an opportunity

19  to cross-examine or challenge or rebut such communications.

20         (4)  At the conclusion of the certification hearing,

21  the designated administrative law judge shall, after

22  consideration of all evidence of record, submit to the board a

23  recommended order no later than 45 days after the filing of

24  the hearing transcript.

25         (5)(a)  No later than 25 days prior to the conduct of

26  the certification hearing, the department or the applicant may

27  request that the administrative law judge cancel the

28  certification hearing and relinquish jurisdiction to the

29  department if all parties to the proceeding stipulate that

30  there are no disputed issues of fact to be raised at the

31  certification hearing.

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 1         (b)  The administrative law judge shall issue an order

 2  granting or denying the request within 5 days.

 3         (c)  If the administrative law judge grants the

 4  request, the department and the applicant shall publish

 5  notices of the cancellation of the certification hearing, in

 6  accordance with s. 403.5115.

 7         (d)1.  If the administrative law judge grants the

 8  request, the department shall prepare and issue a final order

 9  in accordance with s. 403.509(1)(a).

10         2.  Parties may submit proposed recommended orders to

11  the department no later than 10 days after the administrative

12  law judge issues an order relinquishing jurisdiction.

13         (6)  The applicant shall pay those expenses and costs

14  associated with the conduct of the hearings and the recording

15  and transcription of the proceedings. The designated

16  administrative law judge shall have all powers and duties

17  granted to administrative law judges by chapter 120 and this

18  chapter and by the rules of the department and the

19  Administration Commission, including the authority to resolve

20  disputes over the completeness and sufficiency of an

21  application for certification.

22         (7)  The order of presentation at the certification

23  hearing, unless otherwise changed by the administrative law

24  judge to ensure the orderly presentation of witnesses and

25  evidence, shall be:

26         (a)  The applicant.

27         (b)  The department.

28         (c)  State agencies.

29         (d)  Regional agencies, including regional planning

30  councils and water management districts.

31         (e)  Local governments.

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 1         (f)  Other parties.

 2         (7)(8)  In issuing permits under the federally approved

 3  new source review or prevention of significant deterioration

 4  permit program, the department shall observe the procedures

 5  specified under the federally approved state implementation

 6  plan, including public notice, public comment, public hearing,

 7  and notice of applications and amendments to federal, state,

 8  and local agencies, to assure that all such permits issued in

 9  coordination with the certification of a power plant under

10  this act are federally enforceable and are issued after

11  opportunity for informed public participation regarding the

12  terms and conditions thereof. When possible, any hearing on a

13  federally approved or delegated program permit such as new

14  source review, prevention of significant deterioration permit,

15  or NPDES permit shall be conducted in conjunction with the

16  certification hearing held under this act. The department

17  shall accept written comment with respect to an application

18  for, or the department's preliminary determination on, a new

19  source review or prevention of significant deterioration

20  permit for a period of no less than 30 days from the date

21  notice of such action is published. Upon request submitted

22  within 30 days after published notice, the department shall

23  hold a public meeting, in the area affected, for the purpose

24  of receiving public comment on issues related to the new

25  source review or prevention of significant deterioration

26  permit. If requested following notice of the department's

27  preliminary determination, the public meeting to receive

28  public comment shall be held prior to the scheduled

29  certification hearing. The department shall also solicit

30  comments from the United States Environmental Protection

31  Agency and other affected federal agencies regarding the

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 1  department's preliminary determination for any federally

 2  required new source review or prevention of significant

 3  deterioration permit. It is the intent of the Legislature that

 4  the issuance of such permits be closely coordinated with the

 5  certification process established under this part. In the

 6  event of a conflict between the certification process and

 7  federally required procedures contained in the state

 8  implementation plan, the applicable federal requirements of

 9  the implementation plan shall control.

10         Section 31.  Section 403.509, Florida Statutes, is

11  amended to read:

12         403.509  Final disposition of application.--

13         (1)(a)  If the administrative law judge has granted a

14  request to cancel the certification hearing and has

15  relinquished jurisdiction to the department under the

16  provisions of s. 403.508(6), within 40 days thereafter, the

17  secretary of the department shall act upon the application by

18  written order in accordance with the terms of this act, and

19  state the reasons for issuance or denial.

20         (b)  If the administrative law judge has not granted a

21  request to cancel the certification hearing under the

22  provisions of s. 403.508(6), within 60 days after receipt of

23  the designated administrative law judge's recommended order,

24  the board shall act upon the application by written order,

25  approving certification or denying certification the issuance

26  of a certificate, in accordance with the terms of this act,

27  and stating the reasons for issuance or denial. If

28  certification the certificate is denied, the board shall set

29  forth in writing the action the applicant would have to take

30  to secure the board's approval of the application.

31  

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 1         (2)  The issues that may be raised in any hearing

 2  before the board shall be limited to those matters raised in

 3  the certification proceeding before the administrative law

 4  judge or raised in the recommended order. All parties, or

 5  their representatives, or persons who appear before the board

 6  shall be subject to the provisions of s. 120.66.

 7         (3)  In determining whether an application should be

 8  approved in whole, approved with modifications or conditions,

 9  or denied, the board, or secretary when applicable, shall

10  consider whether, and the extent to which, the location of

11  electric power plant and directly associated facilities and

12  their construction and operation will:

13         (a)  Provide reasonable assurance that operational

14  safeguards are technically sufficient for the public welfare

15  and protection.

16         (b)  Comply with applicable nonprocedural requirements

17  of agencies.

18         (c)  Be consistent with applicable local government

19  comprehensive plans and land development regulations.

20         (d)  Meet the electrical energy needs of the state in

21  an orderly and timely fashion.

22         (e)  Provide a reasonable balance between the need for

23  the facility as established pursuant to s. 403.519, and the

24  impacts upon air and water quality, fish and wildlife, water

25  resources, and other natural resources as a result of the

26  construction and operation of the facility.

27         (3)  Within 30 days after issuance of the

28  certification, the department shall issue and forward to the

29  United States Environmental Protection Agency a proposed

30  operation permit for a major source of air pollution and must

31  issue or deny any other license required pursuant to any

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 1  federally delegated or approved permit program. The

 2  department's action on the license and its action on the

 3  proposed operation permit for a major source of air pollution

 4  shall be based upon the record and recommended order of the

 5  certification hearing. The department's actions on a federally

 6  required new source review or prevention of significant

 7  deterioration permit shall be based on the record and

 8  recommended order of the certification hearing and of any

 9  other proceeding held in connection with the application for a

10  new source review or prevention of significant deterioration

11  permit, on timely public comments received with respect to the

12  application or preliminary determination for such permit, and

13  on the provisions of the state implementation plan. The

14  department's action on a federally required new source review

15  or prevention of significant deterioration permit shall differ

16  from the actions taken by the siting board regarding the

17  certification if the federally approved state implementation

18  plan requires such a different action to be taken by the

19  department. Nothing in this part shall be construed to

20  displace the department's authority as the final permitting

21  entity under the federally approved permit program. Nothing in

22  this part shall be construed to authorize the issuance of a

23  new source review or prevention of significant deterioration

24  permit which does not conform to the requirements of the

25  federally approved state implementation plan. Any final

26  operation permit for a major source of air pollution must be

27  issued in accordance with the provisions of s. 403.0872.

28  Unless the federally delegated or approved permit program

29  provides otherwise, licenses issued by the department under

30  this subsection shall be effective for the term of the

31  certification issued by the board. If renewal of any license

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 1  issued by the department pursuant to a federally delegated or

 2  approved permit program is required, such renewal shall not

 3  affect the certification issued by the board, except as

 4  necessary to resolve inconsistencies pursuant to s.

 5  403.516(1)(a).

 6         (4)  In regard to the properties and works of any

 7  agency which is a party to the certification hearing, the

 8  board shall have the authority to decide issues relating to

 9  the use, the connection thereto, or the crossing thereof, for

10  the electrical power plant and its directly associated

11  facilities site and to direct any such agency to execute,

12  within 30 days after the entry of certification, the necessary

13  license or easement for such use, connection, or crossing,

14  subject only to the conditions set forth in such

15  certification.

16         (5)  Except for the issuance of any operation permit

17  for a major source of air pollution pursuant to s. 403.0872,

18  the issuance or denial of the certification by the board and

19  the issuance or denial of any related department license

20  required pursuant to any federally delegated or approved

21  permit program shall be the final administrative action

22  required as to that application.

23         (6)  All certified electrical power plants must apply

24  for and obtain a major source air-operation permit pursuant to

25  s. 403.0872. Major source air-operation permit applications

26  for certified electrical power plants must be submitted

27  pursuant to a schedule developed by the department. To the

28  extent that any conflicting provision, limitation, or

29  restriction under any rule, regulation, or ordinance imposed

30  by any political subdivision of the state, or by any local

31  pollution control program, was superseded during the

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 1  certification process pursuant to s. 403.510(1), such rule,

 2  regulation, or ordinance shall continue to be superseded for

 3  purposes of the major source air-operation permit program

 4  under s. 403.0872.

 5         Section 32.  Section 403.511, Florida Statutes, is

 6  amended to read:

 7         403.511  Effect of certification.--

 8         (1)  Subject to the conditions set forth therein, any

 9  certification signed by the Governor shall constitute the sole

10  license of the state and any agency as to the approval of the

11  site and the construction and operation of the proposed

12  electrical power plant, except for the issuance of department

13  licenses required under any federally delegated or approved

14  permit program and except as otherwise provided in subsection

15  (4).

16         (2)(a)  The certification shall authorize the licensee

17  applicant named therein to construct and operate the proposed

18  electrical power plant, subject only to the conditions of

19  certification set forth in such certification, and except for

20  the issuance of department licenses or permits required under

21  any federally delegated or approved permit program.

22         (b)1.  Except as provided in subsection (4), the

23  certification may include conditions which constitute

24  variances, exemptions, or exceptions from nonprocedural

25  requirements of the department or any agency which were

26  expressly considered during the proceeding unless waived by

27  the agency as provided below and which otherwise would be

28  applicable to the construction and operation of the proposed

29  electrical power plant.

30         2.  No variance, exemption, exception, or other relief

31  shall be granted from a state statute or rule for the

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 1  protection of endangered or threatened species, aquatic

 2  preserves, Outstanding National Resource Waters, or

 3  Outstanding Florida Waters or for the disposal of hazardous

 4  waste, except to the extent authorized by the applicable

 5  statute or rule or except upon a finding in the certification

 6  order by the siting board that the public interests set forth

 7  in s. 403.509(3) 403.502 in certifying the electrical power

 8  plant at the site proposed by the applicant overrides the

 9  public interest protected by the statute or rule from which

10  relief is sought. Each party shall notify the applicant and

11  other parties at least 60 days prior to the certification

12  hearing of any nonprocedural requirements not specifically

13  listed in the application from which a variance, exemption,

14  exception, or other relief is necessary in order for the board

15  to certify any electrical power plant proposed for

16  certification. Failure of such notification by an agency shall

17  be treated as a waiver from nonprocedural requirements of the

18  department or any other agency. However, no variance shall be

19  granted from standards or regulations of the department

20  applicable under any federally delegated or approved permit

21  program, except as expressly allowed in such program.

22         (3)  The certification shall be in lieu of any license,

23  permit, certificate, or similar document required by any

24  state, regional, or local agency pursuant to, but not limited

25  to, chapter 125, chapter 161, chapter 163, chapter 166,

26  chapter 186, chapter 253, chapter 298, chapter 370, chapter

27  373, chapter 376, chapter 380, chapter 381, chapter 387,

28  chapter 403, except for permits issued pursuant to any

29  federally delegated or approved permit program s. 403.0885 and

30  except as provided in s. 403.509(3) and (6), chapter 404 or,

31  the Florida Transportation Code, or 33 U.S.C. s. 1341.

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 1         (4)  This act shall not affect in any way the

 2  ratemaking powers of the Public Service Commission under

 3  chapter 366; nor shall this act in any way affect the right of

 4  any local government to charge appropriate fees or require

 5  that construction be in compliance with applicable building

 6  construction codes.

 7         (5)(a)  An electrical power plant certified pursuant to

 8  this act shall comply with rules adopted by the department

 9  subsequent to the issuance of the certification which

10  prescribe new or stricter criteria, to the extent that the

11  rules are applicable to electrical power plants. Except when

12  express variances, exceptions, exemptions, or other relief

13  have been granted, subsequently adopted rules which prescribe

14  new or stricter criteria shall operate as automatic

15  modifications to certifications.

16         (b)  Upon written notification to the department, any

17  holder of a certification issued pursuant to this act may

18  choose to operate the certified electrical power plant in

19  compliance with any rule subsequently adopted by the

20  department which prescribes criteria more lenient than the

21  criteria required by the terms and conditions in the

22  certification which are not site-specific.

23         (c)  No term or condition of certification shall be

24  interpreted to preclude the postcertification exercise by any

25  party of whatever procedural rights it may have under chapter

26  120, including those related to rulemaking proceedings. This

27  subsection shall apply to previously issued certifications.

28         (6)  No term or condition of a site certification shall

29  be interpreted to supersede or control the provisions of a

30  final operation permit for a major source of air pollution

31  

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 1  issued by the department pursuant to s. 403.0872 to such

 2  facility certified under this part.

 3         (7)  No term or condition of a site certification shall

 4  be interpreted to supersede or control the provisions of a

 5  final operation permit for a major source of air pollution

 6  issued by the department pursuant to s. 403.0872, to a

 7  facility certified under this part.

 8         (8)  Pursuant to s. 380.23, electrical power plants are

 9  subject to the federal coastal consistency review program.

10  Issuance of certification shall constitute the state's

11  certification of coastal zone consistency.

12         Section 33.  Section 403.5112, Florida Statutes, is

13  created to read:

14         403.5112  Filing of notice of certified corridor

15  route.--

16         (1)  Within 60 days after certification of a directly

17  associated linear facility pursuant to this act, the applicant

18  shall file, in accordance with s. 28.222, with the department

19  and the clerk of the circuit court for each county through

20  which the corridor will pass, a notice of the certified route.

21         (2)  The notice shall consist of maps or aerial

22  photographs in the scale of 1:24,000 which clearly show the

23  location of the certified route and shall state that the

24  certification of the corridor will result in the acquisition

25  of rights-of-way within the corridor. Each clerk shall record

26  the filing in the official record of the county for the

27  duration of the certification or until such time as the

28  applicant certifies to the department and the clerk that all

29  lands required for the transmission line rights-of-way within

30  the corridor have been acquired within such county, whichever

31  is sooner.

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 1         Section 34.  Section 403.5113, Florida Statutes, is

 2  created to read:

 3         403.5113  Postcertification amendments.--

 4         (1)  If a licensee proposes any material change to the

 5  application after certification, the licensee shall submit a

 6  written request for amendment and a description of the

 7  proposed change to the application to the department. Within

 8  30 days after the receipt of the request for the amendment,

 9  the department shall determine whether the proposed change to

10  the application requires a modification of the conditions of

11  certification.

12         (2)  If the department concludes that the change would

13  not require a modification of the conditions of certification,

14  the department shall provide written notification of the

15  approval of the proposed amendment to the licensee, all

16  agencies, and all other interested parties.

17         (3)  If the department concludes that the change would

18  require a modification of the conditions of certification, the

19  department shall provide written notification to the licensee

20  that the proposed change to the application requires a request

21  for modification pursuant to s. 403.516.

22         Section 35.  Section 403.5115, Florida Statutes, is

23  amended to read:

24         403.5115  Public notice; costs of proceeding.--

25         (1)  The following notices are to be published by the

26  applicant:

27         (a)  Notice A notice of the filing of a notice of

28  intent under s. 403.5063, which shall be published within 21

29  days after the filing of the notice. The notice shall be

30  published as specified by subsection (2), except that the

31  newspaper notice shall be one-fourth page in size in a

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 1  standard size newspaper or one-half page in size in a tabloid

 2  size newspaper.

 3         (b)  Notice A notice of filing of the application,

 4  which shall include a description of the proceedings required

 5  by this act, within 21 days after the date of the application

 6  filing be published as specified in subsection (2), within 15

 7  days after the application has been determined complete. Such

 8  notice shall give notice of the provisions of s. 403.511(1)

 9  and (2) and that the application constitutes a request for a

10  federally required new source review or prevention of

11  significant deterioration permit.

12         (c)  Notice of the land use determination made pursuant

13  to s. 403.50665(1) within 15 days after the determination is

14  filed.

15         (d)  Notice of the land use hearing, which shall be

16  published as specified in subsection (2), no later than 15 45

17  days before the hearing.

18         (e)(d)  Notice of the certification hearing and notice

19  of the deadline for filing notice of intent to be a party,

20  which shall be published as specified in subsection (2), at

21  least 65 days before the date set for the certification no

22  later than 45 days before the hearing.

23         (f)  Notice of the cancellation of the certification

24  hearing, if applicable, no later than 7 days before the date

25  of the originally scheduled certification hearing.

26         (g)(e)  Notice of modification when required by the

27  department, based on whether the requested modification of

28  certification will significantly increase impacts to the

29  environment or the public. Such notice shall be published as

30  specified under subsection (2):

31  

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 1         1.  Within 21 days after receipt of a request for

 2  modification., except that The newspaper notice shall be of a

 3  size as directed by the department commensurate with the scope

 4  of the modification.

 5         2.  If a hearing is to be conducted in response to the

 6  request for modification, then notice shall be published no

 7  later than 30 days before the hearing provided as specified in

 8  paragraph (d).

 9         (h)(f)  Notice of a supplemental application, which

10  shall be published as specified in paragraph (1)(b) and

11  subsection (2). follows:

12         1.  Notice of receipt of the supplemental application

13  shall be published as specified in paragraph (b).

14         2.  Notice of the certification hearing shall be

15  published as specified in paragraph (d).

16         (i)  Notice of existing site certification pursuant to

17  s. 403.5175. Notices shall be published as specified in

18  paragraph (1)(b) and subsection (2).

19         (2)  Notices provided by the applicant shall be

20  published in newspapers of general circulation within the

21  county or counties in which the proposed electrical power

22  plant will be located. The newspaper notices shall be at least

23  one-half page in size in a standard size newspaper or a full

24  page in a tabloid size newspaper and published in a section of

25  the newspaper other than the legal notices section. These

26  notices shall include a map generally depicting the project

27  and all associated facilities corridors. A newspaper of

28  general circulation shall be the newspaper which has the

29  largest daily circulation in that county and has its principal

30  office in that county. If the newspaper with the largest daily

31  circulation has its principal office outside the county, the

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 1  notices shall appear in both the newspaper having the largest

 2  circulation in that county and in a newspaper authorized to

 3  publish legal notices in that county.

 4         (3)  All notices published by the applicant shall be

 5  paid for by the applicant and shall be in addition to the

 6  application fee.

 7         (4)  The department shall arrange for publication of

 8  the following notices in the manner specified by chapter 120

 9  and provide copies of those notices to any persons who have

10  requested to be placed on the departmental mailing list for

11  this purpose:

12         (a)  Notice Publish in the Florida Administrative

13  Weekly notices of the filing of the notice of intent within 15

14  days after receipt of the notice.;

15         (b)  Notice of the filing of the application, no later

16  than 21 days after the application filing.;

17         (c)  Notice of the land use hearing before the

18  administrative law judge, if applicable, no later than 15 days

19  before the hearing.;

20         (d)  Notice of the land use hearing before the board,

21  if applicable.

22         (e)  Notice of the certification hearing at least 65

23  days before the date set for the certification hearing.;

24         (f)  Notice of the hearing before the board, if

25  applicable.;

26         (h)  Notice and of stipulations, proposed agency

27  action, or petitions for modification.; and

28         (b)  Provide copies of those notices to any persons who

29  have requested to be placed on the departmental mailing list

30  for this purpose.

31  

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 1         (5)  The applicant shall pay those expenses and costs

 2  associated with the conduct of the hearings and the recording

 3  and transcription of the proceedings.

 4         Section 36.  Section 403.513, Florida Statutes, is

 5  amended to read:

 6         403.513  Review.--Proceedings under this act shall be

 7  subject to judicial review as provided in chapter 120. When

 8  possible, separate appeals of the certification order issued

 9  by the board and of any department permit issued pursuant to a

10  federally delegated or approved permit program may shall be

11  consolidated for purposes of judicial review.

12         Section 37.  Section 403.516, Florida Statutes, is

13  amended to read:

14         403.516  Modification of certification.--

15         (1)  A certification may be modified after issuance in

16  any one of the following ways:

17         (a)  The board may delegate to the department the

18  authority to modify specific conditions in the certification.

19         (b)1.  The department may modify specific conditions of

20  a site certification which are inconsistent with the terms of

21  any federally delegated or approved final air pollution

22  operation permit for the certified electrical power plant

23  issued by the United States Environmental Protection Agency

24  under the terms of 42 U.S.C. s. 7661d.

25         2.  Such modification may be made without further

26  notice if the matter has been previously noticed under the

27  requirements for any federally delegated or approved permit

28  program.

29         (c)  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         1.  A petition for modification must set forth:

 2         a.  The proposed modification.

 3         b.  The factual reasons asserted for the modification.

 4         c.  The anticipated environmental effects of the

 5  proposed modification.

 6         (d)(b)  The department may modify the terms and

 7  conditions of the certification if no party to the

 8  certification hearing objects in writing to such modification

 9  within 45 days after notice by mail to such party's last

10  address of record, and if no other person whose substantial

11  interests will be affected by the modification objects in

12  writing within 30 days after issuance of public notice.

13         (e)  If objections are raised or the department denies

14  the request, the applicant or department may file a request

15  petition for a hearing on the modification with the

16  department. Such request shall be handled pursuant to chapter

17  120 paragraph (c).

18         (c)  A petition for modification may be filed by the

19  applicant or the department setting forth:

20         1.  The proposed modification,

21         2.  The factual reasons asserted for the modification,

22  and

23         3.  The anticipated effects of the proposed

24  modification on the applicant, the public, and the

25  environment.

26  

27  The petition for modification shall be filed with the

28  department and the Division of Administrative Hearings.

29         (f)  Requests referred to the Division of

30  Administrative Hearings shall be disposed of in the same

31  manner as an application, but with time periods established by

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 1  the administrative law judge commensurate with the

 2  significance of the modification requested.

 3         (g)(d)  As required by s. 403.511(5).

 4         (2)  Petitions filed pursuant to paragraph (1)(c) shall

 5  be disposed of in the same manner as an application, but with

 6  time periods established by the administrative law judge

 7  commensurate with the significance of the modification

 8  requested.

 9         (2)(3)  Any agreement or modification under this

10  section must be in accordance with the terms of this act. No

11  modification to a certification shall be granted that

12  constitutes a variance from standards or regulations of the

13  department applicable under any federally delegated or

14  approved permit program, except as expressly allowed in such

15  program.

16         Section 38.  Section 403.517, Florida Statutes, is

17  amended to read:

18         403.517  Supplemental applications for sites certified

19  for ultimate site capacity.--

20         (1)(a)  Supplemental The department shall adopt rules

21  governing the processing of supplemental applications may be

22  submitted for certification of the construction and operation

23  of electrical power plants to be located at sites which have

24  been previously certified for an ultimate site capacity

25  pursuant to this act. Supplemental applications shall be

26  limited to electrical power plants using the fuel type

27  previously certified for that site. Such applications shall

28  include all new directly associated facilities that support

29  the construction and operation of the electric power plant.

30  The rules adopted pursuant to this section shall include

31  provisions for:

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 1         1.  Prompt appointment of a designated administrative

 2  law judge.

 3         2.  The contents of the supplemental application.

 4         3.  Resolution of disputes as to the completeness and

 5  sufficiency of supplemental applications by the designated

 6  administrative law judge.

 7         4.  Public notice of the filing of the supplemental

 8  applications.

 9         5.  Time limits for prompt processing of supplemental

10  applications.

11         6.  Final disposition by the board within 215 days of

12  the filing of a complete supplemental application.

13         (b)  The time limits for processing of a complete

14  supplemental application shall be designated by the department

15  commensurate with the scope of the supplemental application,

16  but shall not exceed any time limitation governing the review

17  of initial applications for site certification pursuant to

18  this act, it being the legislative intent to provide shorter

19  time limitations for the processing of supplemental

20  applications for electrical power plants to be constructed and

21  operated at sites which have been previously certified for an

22  ultimate site capacity.

23         (c)  Any time limitation in this section or in rules

24  adopted pursuant to this section may be altered pursuant to s.

25  403.5095 by the designated administrative law judge upon

26  stipulation between the department and the applicant, unless

27  objected to by any party within 5 days after notice, or for

28  good cause shown by any party. The parties to the proceeding

29  shall adhere to the provisions of chapter 120 and this act in

30  considering and processing such supplemental applications .

31  

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 1         (2)  Supplemental applications shall be reviewed as

 2  provided in ss. 403.507-403.511, except that the time limits

 3  provided in this section shall apply to such supplemental

 4  applications.

 5         (3)  The land use and zoning consistency determination

 6  of s. 403.50665 hearing requirements of s. 403.508(1) and (2)

 7  shall not be applicable to the processing of supplemental

 8  applications pursuant to this section so long as:

 9         (a)  The previously certified ultimate site capacity is

10  not exceeded; and

11         (b)  The lands required for the construction or

12  operation of the electrical power plant which is the subject

13  of the supplemental application are within the boundaries of

14  the previously certified site.

15         (4)  For the purposes of this act, the term "ultimate

16  site capacity" means the maximum generating capacity for a

17  site as certified by the board.

18         Section 39.  Section 403.5175, Florida Statutes, is

19  amended to read:

20         403.5175  Existing electrical power plant site

21  certification.--

22         (1)  An electric utility that owns or operates an

23  existing electrical power plant as defined in s. 403.503(12)

24  may apply for certification of an existing power plant and its

25  site in order to obtain all agency licenses necessary to

26  assure compliance with federal or state environmental laws and

27  regulation using the centrally coordinated, one-stop licensing

28  process established by this part. An application for site

29  certification under this section must be in the form

30  prescribed by department rule. Applications must be reviewed

31  and processed using the same procedural steps and notices as

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 1  for an application for a new facility in accordance with ss.

 2  403.5064-403.5115, except that a determination of need by the

 3  Public Service Commission is not required.

 4         (2)  An application for certification under this

 5  section must include:

 6         (a)  A description of the site and existing power plant

 7  installations;

 8         (b)  A description of all proposed changes or

 9  alterations to the site or electrical power plant, including

10  all new associated facilities that are the subject of the

11  application;

12         (c)  A description of the environmental and other

13  impacts caused by the existing utilization of the site and

14  directly associated facilities, and the operation of the

15  electrical power plant that is the subject of the application,

16  and of the environmental and other benefits, if any, to be

17  realized as a result of the proposed changes or alterations if

18  certification is approved and such other information as is

19  necessary for the reviewing agencies to evaluate the proposed

20  changes and the expected impacts;

21         (d)  The justification for the proposed changes or

22  alterations;

23         (e)  Copies of all existing permits, licenses, and

24  compliance plans authorizing utilization of the site and

25  directly associated facilities or operation of the electrical

26  power plant that is the subject of the application.

27         (3)  The land use and zoning determination hearing

28  requirements of s. 403.50665 s. 403.508(1) and (2) do not

29  apply to an application under this section if the applicant

30  does not propose to expand the boundaries of the existing

31  site. If the applicant proposes to expand the boundaries of

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 1  the existing site to accommodate portions of the plant or

 2  associated facilities, a land use and zoning determination

 3  shall be made hearing must be held as specified in s.

 4  403.50665 s. 403.508(1) and (2); provided, however, that the

 5  sole issue for determination through the land use hearing is

 6  whether the proposed site expansion is consistent and in

 7  compliance with the existing land use plans and zoning

 8  ordinances.

 9         (4)  In considering whether an application submitted

10  under this section should be approved in whole, approved with

11  appropriate conditions, or denied, the board shall consider

12  whether, and to the extent to which the proposed changes to

13  the electrical power plant and its continued operation under

14  certification will:

15         (a)  Comply with the provisions of s. 403.509(3).

16  applicable nonprocedural requirements of agencies;

17         (b)  Result in environmental or other benefits compared

18  to current utilization of the site and operations of the

19  electrical power plant if the proposed changes or alterations

20  are undertaken.;

21         (c)  Minimize, through the use of reasonable and

22  available methods, the adverse effects on human health, the

23  environment, and the ecology of the land and its wildlife and

24  the ecology of state waters and their aquatic life; and

25         (d)  Serve and protect the broad interests of the

26  public.

27         (5)  An applicant's failure to receive approval for

28  certification of an existing site or an electrical power plant

29  under this section is without prejudice to continued operation

30  of the electrical power plant or site under existing agency

31  licenses.

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 1         Section 40.  Section 403.518, Florida Statutes, is

 2  amended to read:

 3         403.518  Fees; disposition.--

 4         (1)  The department shall charge the applicant the

 5  following fees, as appropriate, which, unless otherwise

 6  specified, shall be paid into the Florida Permit Fee Trust

 7  Fund:

 8         (a)  A fee for a notice of intent pursuant to s.

 9  403.5063, in the amount of $2,500, to be submitted to the

10  department at the time of filing of a notice of intent. The

11  notice-of-intent fee shall be used and disbursed in the same

12  manner as the application fee.

13         (b)  An application fee, which shall not exceed

14  $200,000. The fee shall be fixed by rule on a sliding scale

15  related to the size, type, ultimate site capacity, or increase

16  in electric generating capacity proposed by the application,

17  or the number and size of local governments in whose

18  jurisdiction the electrical power plant is located.

19         1.  Sixty percent of the fee shall go to the department

20  to cover any costs associated with coordinating the review

21  reviewing and acting upon the application, to cover any field

22  services associated with monitoring construction and operation

23  of the facility, and to cover the costs of the public notices

24  published by the department.

25         2.  The following percentages Twenty percent of the fee

26  or $25,000, whichever is greater, shall be transferred to the

27  Administrative Trust Fund of the Division of Administrative

28  Hearings of the Department of Management Services:.

29         a.  Five percent to compensate expenses from the

30  initial exercise of duties associated with the filing of an

31  application.

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 1         b.  An additional 5 percent if a land use hearing is

 2  held pursuant to s. 403.508.

 3         c.  An additional 10 percent if a certification hearing

 4  is held pursuant to s. 403.508.

 5         3.a.  Upon written request with proper itemized

 6  accounting within 90 days after final agency action by the

 7  board or withdrawal of the application, the agencies that

 8  prepared reports pursuant to s. 403.507 or participated in a

 9  hearing pursuant to s. 403.508, may submit a written request

10  to the department for reimbursement of expenses incurred

11  during the certification proceedings. The request shall

12  contain an accounting of expenses incurred which may include

13  time spent reviewing the application, the department shall

14  reimburse the Department of Community Affairs, the Fish and

15  Wildlife Conservation Commission, and any water management

16  district created pursuant to chapter 373, regional planning

17  council, and local government in the jurisdiction of which the

18  proposed electrical power plant is to be located, and any

19  other agency from which the department requests special

20  studies pursuant to s. 403.507(2)(a)7. Such reimbursement

21  shall be authorized for the preparation of any studies

22  required of the agencies by this act, and for agency travel

23  and per diem to attend any hearing held pursuant to this act,

24  and for local government's or regional planning council's

25  provision of additional notice of the informational public

26  meetings governments to participate in the proceedings. The

27  department shall review the request and verify that the

28  expenses are valid. Valid expenses shall be reimbursed;

29  however, in the event the amount of funds available for

30  reimbursement allocation is insufficient to provide for full

31  

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 1  compensation complete reimbursement to the agencies requesting

 2  reimbursement, reimbursement shall be on a prorated basis.

 3         b.  If the application review is held in abeyance for

 4  more than 1 year, the agencies may submit a request for

 5  reimbursement.

 6         4.  If any sums are remaining, the department shall

 7  retain them for its use in the same manner as is otherwise

 8  authorized by this act; provided, however, that if the

 9  certification application is withdrawn, the remaining sums

10  shall be refunded to the applicant within 90 days after

11  withdrawal.

12         (c)1.  A certification modification fee, which shall

13  not exceed $30,000. The department shall establish rules for

14  determining such a fee based on the equipment redesign, change

15  in site size, type, increase in generating capacity proposed,

16  or change in an associated linear facility location.

17         2.  The fee shall be submitted to the department with a

18  formal petition for modification to the department pursuant to

19  s. 403.516. This fee shall be established, disbursed, and

20  processed in the same manner as the application fee in

21  paragraph (b), except that the Division of Administrative

22  Hearings shall not receive a portion of the fee unless the

23  petition for certification modification is referred to the

24  Division of Administrative Hearings for hearing. If the

25  petition is so referred, only $10,000 of the fee shall be

26  transferred to the Administrative Trust Fund of the Division

27  of Administrative Hearings of the Department of Management

28  Services. The fee for a modification by agreement filed

29  pursuant to s. 403.516(1)(b) shall be $10,000 to be paid upon

30  the filing of the request for modification. Any sums remaining

31  after payment of authorized costs shall be refunded to the

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 1  applicant within 90 days of issuance or denial of the

 2  modification or withdrawal of the request for modification.

 3         (d)  A supplemental application fee, not to exceed

 4  $75,000, to cover all reasonable expenses and costs of the

 5  review, processing, and proceedings of a supplemental

 6  application. This fee shall be established, disbursed, and

 7  processed in the same manner as the certification application

 8  fee in paragraph (b), except that only $20,000 of the fee

 9  shall be transferred to the Administrative Trust Fund of the

10  Division of Administrative Hearings of the Department of

11  Management Services.

12         (e)  An existing site certification application fee,

13  not to exceed $200,000, to cover all reasonable costs and

14  expenses of the review processing and proceedings for

15  certification of an existing power plant site under s.

16  403.5175. This fee must be established, disbursed, and

17  processed in the same manner as the certification application

18  fee in paragraph (b).

19         (2)  Effective upon the date commercial operation

20  begins, the operator of an electrical power plant certified

21  under this part is required to pay to the department an annual

22  operation license fee as specified in s. 403.0872(11) to be

23  deposited in the Air Pollution Control Trust Fund.

24         Section 41.  Section 403.519, Florida Statutes, is

25  amended to read:

26         403.519  Exclusive forum for determination of need.--

27         (1)  On request by an applicant or on its own motion,

28  the commission shall begin a proceeding to determine the need

29  for an electrical power plant subject to the Florida

30  Electrical Power Plant Siting Act.

31  

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 1         (2)  The applicant commission shall publish a notice of

 2  the proceeding in a newspaper of general circulation in each

 3  county in which the proposed electrical power plant will be

 4  located. The notice shall be at least one-quarter of a page

 5  and published at least 21 45 days prior to the scheduled date

 6  for the proceeding. The commission shall publish notice of the

 7  proceeding in the manner specified by chapter 120 at least 21

 8  days prior to the scheduled date for the proceeding.

 9         (3)  The commission shall be the sole forum for the

10  determination of this matter, which accordingly shall not be

11  raised in any other forum or in the review of proceedings in

12  such other forum. In making its determination, the commission

13  shall take into account the need for electric system

14  reliability and integrity, the need for adequate electricity

15  at a reasonable cost, the need for fuel diversity and supply

16  reliability, and whether the proposed plant is the most

17  cost-effective alternative available. The commission shall

18  also expressly consider the conservation measures taken by or

19  reasonably available to the applicant or its members which

20  might mitigate the need for the proposed plant and other

21  matters within its jurisdiction which it deems relevant. The

22  commission's determination of need for an electrical power

23  plant shall create a presumption of public need and necessity

24  and shall serve as the commission's report required by s.

25  403.407(2)(b) 403.507(2)(a)2. An order entered pursuant to

26  this section constitutes final agency action.

27         (4)  Rule 25-22.082, Florida Administrative Code, does

28  not apply to an electrical power plant using nuclear materials

29  for fuel and an applicant for such a power plant is not

30  required to secure competitive proposals for a power supply

31  

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 1  before applying for a certificate and filing a petition for

 2  determination of need.

 3         Section 42.  Section 403.52, Florida Statutes, is

 4  amended to read:

 5         403.52  Short title.--Sections 403.52-403.5365 may be

 6  cited as the "Florida Electric Transmission Line Siting Act."

 7         Section 43.  Section 403.521, Florida Statutes, is

 8  amended to read:

 9         403.521  Legislative intent.--The legislative intent of

10  this act is to establish a centralized and coordinated

11  licensing permitting process for the location of electric

12  transmission line corridors and the construction, operation,

13  and maintenance of electric transmission lines, which are

14  critical infrastructure facilities. This necessarily involves

15  several broad interests of the public addressed through the

16  subject matter jurisdiction of several agencies. The

17  Legislature recognizes that electric transmission lines will

18  have an effect upon the reliability of the electric power

19  system, the environment, land use, and the welfare of the

20  population. Recognizing the need to ensure electric power

21  system reliability and integrity, and in order to meet

22  electric electrical energy needs in an orderly and timely

23  fashion, the centralized and coordinated licensing permitting

24  process established by this act is intended to further the

25  legislative goal of ensuring through available and reasonable

26  methods that the location of transmission line corridors and

27  the construction, operation, and maintenance of electric

28  transmission lines produce minimal adverse effects on the

29  environment and public health, safety, and welfare while not

30  unduly conflicting with the goals established by the

31  applicable local comprehensive plan. It is the intent of this

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 1  act to fully balance the need for transmission lines with the

 2  broad interests of the public in order to effect a reasonable

 3  balance between the need for the facility as a means of

 4  providing reliable, economical, and efficient electric

 5  abundant low-cost electrical energy and the impact on the

 6  public and the environment resulting from the location of the

 7  transmission line corridor and the construction, operation,

 8  and maintenance of the transmission lines. The Legislature

 9  intends that the provisions of chapter 120 apply to this act

10  and to proceedings under pursuant to it except as otherwise

11  expressly exempted by other provisions of this act.

12         Section 44.  Section 403.522, Florida Statutes, is

13  amended to read:

14         403.522  Definitions relating to the Florida Electric

15  Transmission Line Siting Act.--As used in this act:

16         (1)  "Act" means the Florida Electric Transmission Line

17  Siting Act.

18         (2)  "Agency," as the context requires, means an

19  official, officer, commission, authority, council, committee,

20  department, division, bureau, board, section, or other unit or

21  entity of government, including a county, municipality, or

22  other regional or local governmental entity.

23         (3)  "Amendment" means a material change in information

24  provided by the applicant to the application for certification

25  made after the initial application filing.

26         (4)  "Applicant" means any electric utility that which

27  applies for certification under pursuant to the provisions of

28  this act.

29         (5)  "Application" means the documents required by the

30  department to be filed to initiate and support a certification

31  review and evaluation, including the initial document filing,

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 1  amendments, and responses to requests from the department for

 2  additional data and information proceeding. An electric

 3  utility may file a comprehensive application encompassing all

 4  or a part of one or more proposed transmission lines.

 5         (6)  "Board" means the Governor and Cabinet sitting as

 6  the siting board.

 7         (7)  "Certification" means the approval by the board of

 8  the license for a corridor proper for certification pursuant

 9  to subsection (10) and the construction, operation, and

10  maintenance of transmission lines within the such corridor

11  with the such changes or conditions as the siting board deems

12  appropriate. Certification shall be evidenced by a written

13  order of the board.

14         (8)  "Commission" means the Florida Public Service

15  Commission.

16         (9)  "Completeness" means that the application has

17  addressed all applicable sections of the prescribed

18  application format and, but does not mean that those sections

19  are sufficient in comprehensiveness of data or in quality of

20  information provided to allow the department to determine

21  whether the application provides the reviewing agencies

22  adequate information to prepare the reports required by s.

23  403.526.

24         (10)  "Corridor" means the proposed area within which a

25  transmission line right-of-way, including maintenance and

26  access roads, is to be located. The width of the corridor

27  proposed for certification by an applicant or other party, at

28  the option of the applicant, may be the width of the

29  transmission line right-of-way, or a wider boundary, not to

30  exceed a width of 1 mile. The area within the corridor in

31  which a right-of-way may be located may be further restricted

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 1  by a condition of certification. After all property interests

 2  required for the transmission line right-of-way and

 3  maintenance and access roads have been acquired by the

 4  applicant, the boundaries of the area certified shall narrow

 5  to only that land within the boundaries of the transmission

 6  line right-of-way. The corridors proper for certification

 7  shall be those addressed in the application, in amendments to

 8  the application filed under pursuant to s. 403.5275, and in

 9  notices of acceptance of proposed alternate corridors filed by

10  an applicant and the department pursuant to s. 403.5271 for

11  which the required sufficient information for the preparation

12  of agency supplemental reports was filed.

13         (11)  "Department" means the Department of

14  Environmental Protection.

15         (12)  "Electric utility" means cities and towns,

16  counties, public utility districts, regulated electric

17  companies, electric cooperatives, regional transmission

18  organizations, operators of independent transmission systems,

19  or other transmission organizations approved by the Federal

20  Energy Regulatory Commission or the commission for the

21  operation of transmission facilities, and joint operating

22  agencies, or combinations thereof, engaged in, or authorized

23  to engage in, the business of generating, transmitting, or

24  distributing electric energy.

25         (13)  "License" means a franchise, permit,

26  certification, registration, charter, comprehensive plan

27  amendment, development order, or permit as defined in chapters

28  163 and 380, or similar form of authorization required by law,

29  but it does not include a license required primarily for

30  revenue purposes when issuance of the license is merely a

31  ministerial act.

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 1         (14)  "Licensee" means an applicant that has obtained a

 2  certification order for the subject project.

 3         (15)(14)  "Local government" means a municipality or

 4  county in the jurisdiction of which the project is proposed to

 5  be located.

 6         (16)  "Maintenance and access roads" mean roads

 7  constructed within the transmission line right-of-way. Nothing

 8  in this act prohibits an applicant from constructing a road to

 9  support construction, operation, or maintenance of the

10  transmission line that lies outside the transmission line

11  right-of-way.

12         (17)(15)  "Modification" means any change in the

13  certification order after issuance, including a change in the

14  conditions of certification.

15         (18)(16)  "Nonprocedural requirements of agencies"

16  means any agency's regulatory requirements established by

17  statute, rule, ordinance, or comprehensive plan, excluding any

18  provisions prescribing forms, fees, procedures, or time limits

19  for the review or processing of information submitted to

20  demonstrate compliance with such regulatory requirements.

21         (19)(17)  "Person" means an individual, partnership,

22  joint venture, private or public corporation, association,

23  firm, public service company, political subdivision, municipal

24  corporation, government agency, public utility district, or

25  any other entity, public or private, however organized.

26         (20)(18)  "Preliminary statement of issues" means a

27  listing and explanation of those issues within the agency's

28  jurisdiction which are of major concern to the agency in

29  relation to the proposed electric electrical transmission line

30  corridor.

31  

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 1         (21)(19)  "Regional planning council" means a regional

 2  planning council as defined in s. 186.503(4) in the

 3  jurisdiction of which the project is proposed to be located.

 4         (20)  "Sufficiency" means that the application is not

 5  only complete but that all sections are adequate in the

 6  comprehensiveness of data and in the quality of information

 7  provided to allow the department to determine whether the

 8  application provides the reviewing agencies adequate

 9  information to prepare the reports authorized by s. 403.526.

10         (22)(21)  "Transmission line" or "electric transmission

11  line" means structures, maintenance and access roads, and all

12  other facilities that need to be constructed, operated, or

13  maintained for the purpose of conveying electric power any

14  electrical transmission line extending from, but not

15  including, an existing or proposed substation or power plant

16  to, but not including, an existing or proposed transmission

17  network or rights-of-way or substation to which the applicant

18  intends to connect which defines the end of the proposed

19  project and which is designed to operate at 230 kilovolts or

20  more. The starting point and ending point of a transmission

21  line must be specifically defined by the applicant and must be

22  verified by the commission in its determination of need. A

23  transmission line includes structures and maintenance and

24  access roads that need to be constructed for the project to

25  become operational. The transmission line may include, at the

26  applicant's option, any proposed terminal or intermediate

27  substations or substation expansions necessary to serve the

28  transmission line.

29         (23)(22)  "Transmission line right-of-way" means land

30  necessary for the construction, operation, and maintenance of

31  a transmission line. The typical width of the right-of-way

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 1  shall be identified in the application. The right-of-way shall

 2  be located within the certified corridor and shall be

 3  identified by the applicant subsequent to certification in

 4  documents filed with the department before prior to

 5  construction.

 6         (24)(23)  "Water management district" means a water

 7  management district created pursuant to chapter 373 in the

 8  jurisdiction of which the project is proposed to be located.

 9         Section 45.  Section 403.523, Florida Statutes, is

10  amended to read:

11         403.523  Department of Environmental Protection; powers

12  and duties.--The department has shall have the following

13  powers and duties:

14         (1)  To adopt procedural rules pursuant to ss.

15  120.536(1) and 120.54 to administer implement the provisions

16  of this act and to adopt or amend rules to implement the

17  provisions of subsection (10).

18         (2)  To prescribe the form and content of the public

19  notices and the form, content, and necessary supporting

20  documentation, and any required studies, for certification

21  applications. All such data and studies shall be related to

22  the jurisdiction of the agencies relevant to the application.

23         (3)  To receive applications for transmission line and

24  corridor certifications and initially determine the

25  completeness and sufficiency thereof.

26         (4)  To make or contract for studies of certification

27  applications. All such studies shall be related to the

28  jurisdiction of the agencies relevant to the application. For

29  studies in areas outside the jurisdiction of the department

30  and in the jurisdiction of another agency, the department may

31  

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 1  initiate such studies, but only with the consent of the such

 2  agency.

 3         (5)  To administer the processing of applications for

 4  certification and ensure that the applications, including

 5  postcertification reviews, are processed on an expeditious and

 6  priority basis as expeditiously as possible.

 7         (6)  To collect and process require such fees as

 8  allowed by this act.

 9         (7)  To prepare a report and project written analysis

10  as required by s. 403.526.

11         (8)  To prescribe the means for monitoring the effects

12  arising from the location of the transmission line corridor

13  and the construction, operation, and maintenance of the

14  transmission lines to assure continued compliance with the

15  terms of the certification.

16         (9)  To make a determination of acceptability of any

17  alternate corridor proposed for consideration under pursuant

18  to s. 403.5271.

19         (10)  To set requirements that reasonably protect the

20  public health and welfare from the electric and magnetic

21  fields of transmission lines for which an application is filed

22  under after the effective date of this act.

23         (11)  To present rebuttal evidence on any issue

24  properly raised at the certification hearing.

25         (12)  To issue final orders after receipt of the

26  administrative law judge's order relinquishing jurisdiction

27  pursuant to s. 403.527(6).

28         (13)  To act as clerk for the siting board.

29         (14)  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         (15)  To issue emergency orders on behalf of the board

 2  for facilities licensed under this act.

 3         Section 46.  Section 403.524, Florida Statutes, is

 4  amended to read:

 5         403.524  Applicability; and certification;

 6  exemptions.--

 7         (1)  The provisions of This act applies apply to each

 8  transmission line, except a transmission line certified under

 9  pursuant to the Florida Electrical Power Plant Siting Act.

10         (2)  Except as provided in subsection (1), no

11  construction of a any transmission line may not be undertaken

12  without first obtaining certification under this act, but the

13  provisions of this act does do not apply to:

14         (a)  Transmission lines for which development approval

15  has been obtained under pursuant to chapter 380.

16         (b)  Transmission lines that which have been exempted

17  by a binding letter of interpretation issued under s.

18  380.06(4), or in which the Department of Community Affairs or

19  its predecessor agency has determined the utility to have

20  vested development rights within the meaning of s. 380.05(18)

21  or s. 380.06(20).

22         (c)  Transmission line development in which all

23  construction is limited to established rights-of-way.

24  Established rights-of-way include such rights-of-way

25  established at any time for roads, highways, railroads, gas,

26  water, oil, electricity, or sewage and any other public

27  purpose rights-of-way. If an established transmission line

28  right-of-way is used to qualify for this exemption, the

29  transmission line right-of-way must have been established at

30  least 5 years before notice of the start of construction under

31  subsection (4) of the proposed transmission line. If an

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 1  established transmission line right-of-way is relocated to

 2  accommodate a public project, the date the original

 3  transmission line right-of-way was established applies to the

 4  relocated transmission line right-of-way for purposes of this

 5  exemption. Except for transmission line rights-of-way,

 6  established rights-of-way include rights-of-way created before

 7  or after October 1, 1983. For transmission line rights-of-way,

 8  established rights-of-way include rights-of-way created before

 9  October 1, 1983.

10         (d)  Unless the applicant has applied for certification

11  under this act, transmission lines that which are less than 15

12  miles in length or are located in a single which do not cross

13  a county within the state line, unless the applicant has

14  elected to apply for certification under the act.

15         (3)  The exemption of a transmission line under this

16  act does not constitute an exemption for the transmission line

17  from other applicable permitting processes under other

18  provisions of law or local government ordinances.

19         (4)  An electric A utility shall notify the department

20  in writing, before prior to the start of construction, of its

21  intent to construct a transmission line exempted under

22  pursuant to this section. The Such notice is shall be only for

23  information purposes, and no action by the department is not

24  shall be required pursuant to the such notice. This notice may

25  be included in any submittal filed with the department before

26  the start of construction demonstrating that a new

27  transmission line complies with the applicable electric and

28  magnetic field standards.

29         Section 47.  Section 403.525, Florida Statutes, is

30  amended to read:

31  

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 1         403.525  Appointment of Administrative law judge;

 2  appointment; powers and duties.--

 3         (1)(a)  Within 7 days after receipt of an application,

 4  whether complete or not, the department shall request the

 5  Division of Administrative Hearings to designate an

 6  administrative law judge to conduct the hearings required by

 7  this act.

 8         (b)  The division director shall designate an

 9  administrative law judge to conduct the hearings required by

10  this act within 7 days after receipt of the request from the

11  department. Whenever practicable, the division director shall

12  assign an administrative law judge who has had prior

13  experience or training in this type of certification

14  proceeding.

15         (c)  Upon being advised that an administrative law

16  judge has been designated, the department shall immediately

17  file a copy of the application and all supporting documents

18  with the administrative law judge, who shall docket the

19  application.

20         (2)  The administrative law judge has all powers and

21  duties granted to administrative law judges under chapter 120

22  and by the laws and rules of the department.

23         Section 48.  Section 403.5251, Florida Statutes, is

24  amended to read:

25         403.5251  Distribution of Application; schedules.--

26         (1)(a)  The formal date of the filing of the

27  application for certification and commencement of the review

28  process for certification is the date on which the applicant

29  submits:

30         1.  Copies of the application for certification in a

31  quantity and format, electronic or otherwise as prescribed by

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 1  rule, to the department and other agencies identified in s.

 2  403.526(2); and

 3         2.  The application fee as specified under s. 403.5365

 4  to the department.

 5  

 6  The department shall provide to the applicant and the Division

 7  of Administrative Hearings the names and addresses of any

 8  additional agencies or persons entitled to notice and copies

 9  of the application and amendments, if any, within 7 days after

10  receiving the application for certification and the

11  application fees.

12         (b)  In the application, the starting point and ending

13  point of a transmission line must be specifically defined by

14  the applicant. Within 7 days after the filing of an

15  application, the department shall provide the applicant and

16  the Division of Administrative Hearings the names and

17  addresses of those affected or other agencies entitled to

18  notice and copies of the application and any amendments.

19         (2)  Within 15 7 days after the formal date of the

20  application filing completeness has been determined, the

21  department shall prepare a proposed schedule of dates for

22  determination of completeness, submission of statements of

23  issues, determination of sufficiency, and submittal of final

24  reports, from affected and other agencies and other

25  significant dates to be followed during the certification

26  process, including dates for filing notices of appearances to

27  be a party under s. 403.527(2) pursuant to s. 403.527(4). This

28  schedule shall be provided by the department to the applicant,

29  the administrative law judge, and the agencies identified

30  under pursuant to subsection (1). Within 7 days after the

31  filing of this proposed schedule, the administrative law judge

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 1  shall issue an order establishing a schedule for the matters

 2  addressed in the department's proposed schedule and other

 3  appropriate matters, if any.

 4         (3)  Within 7 days after completeness has been

 5  determined, the applicant shall distribute copies of the

 6  application to all agencies identified by the department

 7  pursuant to subsection (1). Copies of changes and amendments

 8  to the application shall be timely distributed by the

 9  applicant to all agencies and parties who have received a copy

10  of the application.

11         (4)  Notice of the filing of the application shall be

12  made in accordance with the requirements of s. 403.5363.

13         Section 49.  Section 403.5252, Florida Statutes, is

14  amended to read:

15         403.5252  Determination of completeness.--

16         (1)(a)  Within 30 days after distribution of an

17  application, the affected agencies shall file a statement with

18  the department containing the recommendations of each agency

19  concerning the completeness of the application for

20  certification.

21         (b)  Within 7 15 days after receipt of the completeness

22  statements of each agency an application, the department shall

23  file a statement with the Division of Administrative Hearings,

24  and with the applicant, and with all parties declaring its

25  position with regard to the completeness, not the sufficiency,

26  of the application. The statement of the department shall be

27  based upon its consultation with the affected agencies.

28         (2)(1)  If the department declares the application to

29  be incomplete, the applicant, within 14 15 days after the

30  filing of the statement by the department, shall file with the

31  

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 1  Division of Administrative Hearings, with all parties, and

 2  with the department a statement:

 3         (a)  A withdrawal of Agreeing with the statement of the

 4  department and withdrawing the application;

 5         (b)  Additional information necessary to make the

 6  application complete. After the department first determines

 7  the application to be incomplete, the time schedules under

 8  this act are not tolled if the applicant makes the application

 9  complete within the 14-day period. A subsequent finding by the

10  department that the application remains incomplete tolls the

11  time schedules under this act until the application is

12  determined complete; Agreeing with the statement of the

13  department and agreeing to amend the application without

14  withdrawing it. The time schedules referencing a complete

15  application under this act shall not commence until the

16  application is determined complete; or

17         (c)  A statement contesting the department's

18  determination of incompleteness; or statement of the

19  department.

20         (d)  A statement agreeing with the department and

21  requesting additional time to provide the information

22  necessary to make the application complete. If the applicant

23  exercises this option, the time schedules under this act are

24  tolled until the application is determined complete.

25         (3)(a)(2)  If the applicant contests the determination

26  by the department that an application is incomplete, the

27  administrative law judge shall schedule a hearing on the

28  statement of completeness. The hearing shall be held as

29  expeditiously as possible, but not later than 21 30 days after

30  the filing of the statement by the department. The

31  

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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 hearing on the issue of completeness must file a motion no

 8  later than 10 days before 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 do shall not commence

14  until 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 14 days after the applicant files

24  the additional information, a recommendation on whether the

25  agency believes the application is complete. Within 21 days

26  after receipt of the additional information from the applicant

27  submitted under paragraphs (2)(b), (2)(d), or (3)(c) and

28  considering the recommendations of the affected agencies, the

29  department shall determine whether the additional information

30  supplied by an applicant makes the application complete. If

31  the department finds that the application is still incomplete,

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 1  the applicant may exercise any of the options specified in

 2  subsection (2) as often as is necessary to resolve the

 3  dispute.

 4         Section 50.  Section 403.526, Florida Statutes, is

 5  amended to read:

 6         403.526  Preliminary statements of issues, reports, and

 7  project analyses; and studies.--

 8         (1)  Each affected agency that is required to file a

 9  report which received an application in accordance with this

10  section s. 403.5251(3) shall submit a preliminary statement of

11  issues to the department and all parties the applicant no

12  later than 50 60 days after the filing distribution of the

13  complete application. Such statements of issues shall be made

14  available to each local government for use as information for

15  public meetings held under pursuant to s. 403.5272. The

16  failure to raise an issue in this preliminary statement of

17  issues does shall not preclude the issue from being raised in

18  the agency's report.

19         (2)(a)  The following affected agencies shall prepare

20  reports as provided below and shall submit them to the

21  department and the applicant no later than within 90 days

22  after the filing distribution of the complete application:

23         1.  The department shall prepare a report as to the

24  impact of each proposed transmission line or corridor as it

25  relates to matters within its jurisdiction.

26         2.  Each water management district in the jurisdiction

27  of which a proposed transmission line or corridor is to be

28  located shall prepare a report as to the impact on water

29  resources and other matters within its jurisdiction.

30         3.  The Department of Community Affairs shall prepare a

31  report containing recommendations which address the impact

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 1  upon the public of the proposed transmission line or corridor,

 2  based on the degree to which the proposed transmission line or

 3  corridor is consistent with the applicable portions of the

 4  state comprehensive plan, emergency management, and other

 5  matters within its jurisdiction. The Department of Community

 6  Affairs may also comment on the consistency of the proposed

 7  transmission line or corridor with applicable strategic

 8  regional policy plans or local comprehensive plans and land

 9  development regulations.

10         4.  The Fish and Wildlife Conservation Commission shall

11  prepare a report as to the impact of each proposed

12  transmission line or corridor on fish and wildlife resources

13  and other matters within its jurisdiction.

14         5.  Each local government shall prepare a report as to

15  the impact of each proposed transmission line or corridor on

16  matters within its jurisdiction, including the consistency of

17  the proposed transmission line or corridor with all applicable

18  local ordinances, regulations, standards, or criteria that

19  apply to the proposed transmission line or corridor, including

20  local comprehensive plans, zoning regulations, land

21  development regulations, and any applicable local

22  environmental regulations adopted pursuant to s. 403.182 or by

23  other means. A No change by the responsible local government

24  or local agency in local comprehensive plans, zoning

25  ordinances, or other regulations made after the date required

26  for the filing of the local government's report required by

27  this section is not shall be applicable to the certification

28  of the proposed transmission line or corridor unless the

29  certification is denied or the application is withdrawn.

30         6.  Each regional planning council shall present a

31  report containing recommendations that address the impact upon

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 1  the public of the proposed transmission line or corridor based

 2  on the degree to which the transmission line or corridor is

 3  consistent with the applicable provisions of the strategic

 4  regional policy plan adopted under pursuant to chapter 186 and

 5  other impacts of each proposed transmission line or corridor

 6  on matters within its jurisdiction.

 7         7.  The Department of Transportation shall prepare a

 8  report as to the impact of the proposed transmission line or

 9  corridor on state roads, railroads, airports, aeronautics,

10  seaports, and other matters within its jurisdiction.

11         8.  The commission shall prepare a report containing

12  its determination under s. 403.537 and the report may include

13  the comments from the commission with respect to any other

14  subject within its jurisdiction.

15         9.  Any other agency, if requested by the department,

16  shall also perform studies or prepare reports as to subjects

17  within the jurisdiction of the agency which may potentially be

18  affected by the proposed transmission line.

19         (b)  Each report must shall contain:

20         1.  A notice of any nonprocedural requirements not

21  specifically listed in the application from which a variance,

22  exemption, exception, or other relief is necessary in order

23  for the proposed corridor to be certified. Failure to include

24  the notice shall be treated as a waiver from the nonprocedural

25  requirements of that agency.

26         2.  A recommendation for approval or denial of the

27  application.

28         3.  The information on variances required by s.

29  403.531(2) and proposed conditions of certification on matters

30  within the jurisdiction of each agency. For each condition

31  proposed by an agency, the agency shall list the specific

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 1  statute, rule, or ordinance, as applicable, which authorizes

 2  the proposed condition.

 3         (c)  Each reviewing agency shall initiate the

 4  activities required by this section no later than 15 days

 5  after the complete application is filed distributed. Each

 6  agency shall keep the applicant and the department informed as

 7  to the progress of its studies and any issues raised thereby.

 8         (d)  Receipt of an affirmative determination of need

 9  from the commission by the submittal deadline for agency

10  reports under paragraph (a) is a condition precedent to

11  further processing of the application.

12         (3)  The department shall prepare a project written

13  analysis containing which contains a compilation of agency

14  reports and summaries of the material contained therein which

15  shall be filed with the administrative law judge and served on

16  all parties no later than 115 135 days after the application

17  is filed complete application has been distributed to the

18  affected agencies, and which shall include:

19         (a)  A statement indicating whether the proposed

20  electric transmission line will be in compliance with the

21  rules of the department and affected agencies.

22         (b)(a)  The studies and reports required by this

23  section and s. 403.537.

24         (c)(b)  Comments received from any other agency or

25  person.

26         (d)(c)  The recommendation of the department as to the

27  disposition of the application, of variances, exemptions,

28  exceptions, or other relief identified by any party, and of

29  any proposed conditions of certification which the department

30  believes should be imposed.

31  

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 1         (4)  The failure of any agency to submit a preliminary

 2  statement of issues or a report, or to submit its preliminary

 3  statement of issues or report within the allowed time, is

 4  shall not be grounds for the alteration of any time limitation

 5  in this act under pursuant to s. 403.528. Neither The failure

 6  to submit a preliminary statement of issues or a report, or

 7  nor the inadequacy of the preliminary statement of issues or

 8  report, are not shall be grounds to deny or condition

 9  certification.

10         Section 51.  Section 403.527, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section. See

13         s. 403.527, F.S., for present text.)

14         403.527  Certification hearing, parties,

15  participants.--

16         (1)(a)  No later than 145 days after the application is

17  filed, the administrative law judge shall conduct a

18  certification hearing pursuant to ss. 120.569 and 120.57 at a

19  central location in proximity to the proposed transmission

20  line or corridor.

21         (b)  Notice of the certification hearing and other

22  public hearings provided for in this section and notice of the

23  deadline for filing of notice of intent to be a party shall be

24  made in accordance with the requirements of s. 403.5363.

25         (2)(a)  Parties to the proceeding shall be:

26         1.  The applicant.

27         2.  The department.

28         3.  The commission.

29         4.  The Department of Community Affairs.

30         5.  The Fish and Wildlife Conservation Commission.

31         6.  The Department of Transportation.

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 1         7.  Each water management district in the jurisdiction

 2  of which the proposed transmission line or corridor is to be

 3  located.

 4         8.  The local government.

 5         9.  The regional planning council.

 6         (b)  Any party listed in paragraph (a), other than the

 7  department or the applicant, may waive its right to

 8  participate in these proceedings. If any listed party fails to

 9  file a notice of its intent to be a party on or before the

10  30th day before the certification hearing, the party is deemed

11  to have waived its right to be a party unless its

12  participation would not prejudice the rights of any party to

13  the proceeding.

14         (c)  Notwithstanding the provisions of chapter 120 to

15  the contrary, upon the filing with the administrative law

16  judge of a notice of intent to be a party by an agency,

17  corporation, or association described in subparagraphs 1. and

18  2. or a petition for intervention by a person described in

19  subparagraph 3. no later than 30 days before the date set for

20  the certification hearing, the following shall also be parties

21  to the proceeding:

22         1.  Any agency not listed in paragraph (a) as to

23  matters within its jurisdiction.

24         2.  Any domestic nonprofit corporation or association

25  formed, in whole or in part, to promote conservation of

26  natural beauty; to protect the environment, personal health,

27  or other biological values; to preserve historical sites; to

28  promote consumer interests; to represent labor, commercial, or

29  industrial groups; or to promote comprehensive planning or

30  orderly development of the area in which the proposed

31  transmission line or corridor is to be located.

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 1         3.  Any person whose substantial interests are affected

 2  and being determined by the proceeding.

 3         (d)  Any agency whose properties or works may be

 4  affected shall be made a party upon the request of the agency

 5  or any party to this proceeding.

 6         (3)(a)  The order of presentation at the certification

 7  hearing, unless otherwise changed by the administrative law

 8  judge to ensure the orderly presentation of witnesses and

 9  evidence, shall be:

10         1.  The applicant.

11         2.  The department.

12         3.  State agencies.

13         4.  Regional agencies, including regional planning

14  councils and water management districts.

15         5.  Local governments.

16         6.  Other parties.

17         (b)  When appropriate, any person may be given an

18  opportunity to present oral or written communications to the

19  administrative law judge. If the administrative law judge

20  proposes to consider such communications, all parties shall be

21  given an opportunity to cross-examine, challenge, or rebut the

22  communications.

23         (4)  One public hearing where members of the public who

24  are not parties to the certification hearing may testify shall

25  be held within the boundaries of each county, at the option of

26  any local government.

27         (a)  A local government shall notify the administrative

28  law judge and all parties not later than 21 days after the

29  application has been determined complete as to whether the

30  local government wishes to have a public hearing. If a filing

31  for an alternate corridor is accepted for consideration under

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 1  s. 403.5271(1) by the department and the applicant, any newly

 2  affected local government must notify the administrative law

 3  judge and all parties not later than 10 days after the data

 4  concerning the alternate corridor has been determined complete

 5  as to whether the local government wishes to have such a

 6  public hearing. The local government is responsible for

 7  providing the location of the public hearing if held

 8  separately from the certification hearing.

 9         (b)  Within 5 days after notification, the

10  administrative law judge shall determine the date of the

11  public hearing, which shall be held before or during the

12  certification hearing. If two or more local governments within

13  one county request a public hearing, the hearing shall be

14  consolidated so that only one public hearing is held in any

15  county. The location of a consolidated hearing shall be

16  determined by the administrative law judge.

17         (c)  If a local government does not request a public

18  hearing within 21 days after the application has been

19  determined complete, persons residing within the jurisdiction

20  of the local government may testify during that portion of the

21  certification hearing at which public testimony is heard.

22         (5)  At the conclusion of the certification hearing,

23  the administrative law judge shall, after consideration of all

24  evidence of record, issue a recommended order disposing of the

25  application no later than 45 days after the transcript of the

26  certification hearing and the public hearings is filed with

27  the Division of Administrative Hearings.

28         (6)(a)  No later than 25 days before the certification

29  hearing, the department or the applicant may request that the

30  administrative law judge cancel the certification hearing and

31  relinquish jurisdiction to the department if all parties to

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 1  the proceeding stipulate that there are no disputed issues of

 2  material fact to be raised at the certification hearing.

 3         (b)  The administrative law judge shall issue an order

 4  granting or denying the request within 5 days.

 5         (c)  If the administrative law judge grants the

 6  request, the department and the applicant shall publish

 7  notices of the cancellation of the certification hearing in

 8  accordance with s. 403.5363.

 9         (d)1.  If the administrative law judge grants the

10  request, the department shall prepare and issue a final order

11  in accordance with s. 403.529(1)(a).

12         2.  Parties may submit proposed final orders to the

13  department no later than 10 days after the administrative law

14  judge issues an order relinquishing jurisdiction.

15         (7)  The applicant shall pay those expenses and costs

16  associated with the conduct of the hearing and the recording

17  and transcription of the proceedings.

18         Section 52.  Section 403.5271, Florida Statutes, is

19  amended to read:

20         403.5271  Alternate corridors.--

21         (1)  No later than 45 50 days before prior to the

22  originally scheduled certification hearing, any party may

23  propose alternate transmission line corridor routes for

24  consideration under pursuant to the provisions of this act.

25         (a)  A notice of a any such proposed alternate corridor

26  must shall be filed with the administrative law judge, all

27  parties, and any local governments in whose jurisdiction the

28  alternate corridor is proposed. The Such filing must shall

29  include the most recent United States Geological Survey

30  1:24,000 quadrangle maps specifically delineating the corridor

31  boundaries, a description of the proposed corridor, and a

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 1  statement of the reasons the proposed alternate corridor

 2  should be certified.

 3         (b)1.  Within 7 days after receipt of the such notice,

 4  the applicant and the department shall file with the

 5  administrative law judge and all parties a notice of

 6  acceptance or rejection of a proposed alternate corridor for

 7  consideration. If the alternate corridor is rejected either by

 8  the applicant or the department, the certification hearing and

 9  the public hearings shall be held as scheduled. If both the

10  applicant and the department accept a proposed alternate

11  corridor for consideration, the certification hearing and the

12  public hearings shall be rescheduled, if necessary.

13         2.  If rescheduled, the certification hearing shall be

14  held no more than 90 days after the previously scheduled

15  certification hearing, unless the data submitted under

16  paragraph (d) is determined to be incomplete, in which case

17  the rescheduled certification hearing shall be held no more

18  than 105 days after the previously scheduled certification

19  hearing. If additional time is needed due to the alternate

20  corridor crossing a local government jurisdiction that was not

21  previously affected, in which case the remainder of the

22  schedule listed below shall be appropriately adjusted by the

23  administrative law judge to allow that local government to

24  prepare a report pursuant to s. 403.526(2)(a)5.

25         (c)  Notice of the filing of the alternate corridor, of

26  the revised time schedules, of the deadline for newly affected

27  persons and agencies to file notice of intent to become a

28  party, of the rescheduled hearing date, and of the proceedings

29  pursuant to s. 403.527(1)(b) and (c) shall be published in

30  accordance with s. 403.5363.

31  

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 1         (d)  Within 21 25 days after acceptance of an alternate

 2  corridor by the department and the applicant, the party

 3  proposing an alternate corridor shall have the burden of

 4  providing all additional data to the agencies listed in s.

 5  403.526(2) and newly affected agencies s. 403.526 necessary

 6  for the preparation of a supplementary report on the proposed

 7  alternate corridor.

 8         (e)1.  Reviewing agencies shall advise the department

 9  of any issues concerning completeness no later than 15 days

10  after the submittal of the data required by paragraph (d).

11  Within 22 days after receipt of the data, the department shall

12  issue a determination of completeness.

13         2.  If the department determines that the data required

14  by paragraph (d) is not complete, the party proposing the

15  alternate corridor must file such additional data to correct

16  the incompleteness. This additional data must be submitted

17  within 14 days after the determination by the department.

18         3.  If the department, within 14 days after receiving

19  the additional data, determines that the data remains

20  incomplete, the incompleteness of the data is deemed a

21  withdrawal of the proposed alternate corridor. The department

22  may make its determination based on recommendations made by

23  other affected agencies. If the department determines within

24  15 days that this additional data is insufficient, the party

25  proposing the alternate corridor shall file such additional

26  data that corrects the insufficiency within 15 days after the

27  filing of the department's determination. If such additional

28  data is determined insufficient, such insufficiency of data

29  shall be deemed a withdrawal of the proposed alternate

30  corridor. The party proposing an alternate corridor shall have

31  the burden of proof on the certifiability of the alternate

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 1  corridor at the certification hearing pursuant to s.

 2  403.529(4). Nothing in this act shall be construed as

 3  requiring the applicant or agencies not proposing the

 4  alternate corridor to submit data in support of such alternate

 5  corridor.

 6         (f)  The agencies listed in s. 403.526(2) and any newly

 7  affected agencies s. 403.526 shall file supplementary reports

 8  with the applicant and the department which address addressing

 9  the proposed alternate corridors no later than 24 60 days

10  after the additional data is submitted pursuant to paragraph

11  (d) or paragraph (e) is determined to be complete.

12         (g)  The agency reports on alternate corridors must

13  include all information required by s. 403.526(2) agencies

14  shall submit supplementary notice pursuant to s. 403.531(2) at

15  the time of filing of their supplemental report.

16         (h)  The department shall file with the administrative

17  law judge, the applicant, and all parties a project prepare a

18  written analysis consistent with s. 403.526(3) no more than 16

19  at least 29 days after submittal of agency reports on prior to

20  the rescheduled certification hearing addressing the proposed

21  alternate corridor.

22         (2)  If the original certification hearing date is

23  rescheduled, the rescheduling shall not provide the

24  opportunity for parties to file additional alternate corridors

25  to the applicant's proposed corridor or any accepted alternate

26  corridor. However, an amendment to the application which

27  changes the alignment of the applicant's proposed corridor

28  shall require rescheduling of the certification hearing, if

29  necessary, so as to allow time for a party to file alternate

30  corridors to the realigned proposed corridor for which the

31  application has been amended. Any such alternate corridor

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 1  proposal shall have the same starting and ending points as the

 2  realigned portion of the corridor proposed by the applicant's

 3  amendment, provided that the administrative law judge for good

 4  cause shown may authorize another starting or ending point in

 5  the area of the applicant's amended corridor.

 6         (3)(a)  Notwithstanding the rejection of a proposed

 7  alternate corridor by the applicant or the department, any

 8  party may present evidence at the certification hearing to

 9  show that a corridor proper for certification does not satisfy

10  the criteria listed in s. 403.529 or that a rejected alternate

11  corridor would meet the criteria set forth in s. 403.529. No

12  Evidence may not shall be admitted at the certification

13  hearing on any alternate corridor, unless the alternate

14  corridor was proposed by the filing of a notice at least 45 50

15  days before prior to the originally scheduled certification

16  hearing pursuant to this section. Rejected alternate corridors

17  shall be considered by the board as provided in s. 403.529(4)

18  and (5).

19         (b)  The party proposing an alternate corridor has the

20  burden to prove that the alternate corridor can be certified

21  at the certification hearing. This act does not require an

22  applicant or agency that is not proposing the alternate

23  corridor to submit data in support of the alternate corridor.

24         (4)  If an alternate corridor is accepted by the

25  applicant and the department pursuant to a notice of

26  acceptance as provided in this subsection and the such

27  corridor is ultimately determined to be the corridor that

28  would meet the criteria set forth in s. 403.529(4) and (5),

29  the board shall certify that corridor.

30         Section 53.  Section 403.5272, Florida Statutes, is

31  amended to read:

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 1         403.5272  Local governments; Informational public

 2  meetings.--

 3         (1)  A local government whose jurisdiction is to be

 4  crossed by a proposed corridor governments may hold one

 5  informational public meeting meetings in addition to the

 6  hearings specifically authorized by this act on any matter

 7  associated with the transmission line proceeding. The Such

 8  informational public meeting may be conducted by the local

 9  government or the regional planning council and shall meetings

10  should be held no later than 55 80 days after the application

11  is filed. The purpose of an informational public meeting is

12  for the local government or regional planning council to

13  further inform the general public about the transmission line

14  proposed, obtain comments from the public, and formulate its

15  recommendation with respect to the proposed transmission line.

16         (2)  Informational public meetings shall be held solely

17  at the option of each local government or regional planning

18  council. It is the legislative intent that local governments

19  or regional planning councils attempt to hold such public

20  meetings. Parties to the proceedings under this act shall be

21  encouraged to attend; however, a no party other than the

22  applicant and the department is not shall be required to

23  attend the such informational public meetings hearings.

24         (3)  A local government or regional planning council

25  that intends to conduct an informational public meeting must

26  provide notice of the meeting, with notice sent to all parties

27  listed in s. 403.527(2)(a), not less than 5 days before the

28  meeting.

29         (4)(3)  The failure to hold an informational public

30  meeting or the procedure used for the informational public

31  meeting are shall not be grounds for the alteration of any

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 1  time limitation in this act under pursuant to s. 403.528 or

 2  grounds to deny or condition certification.

 3         Section 54.  Section 403.5275, Florida Statutes, is

 4  amended to read:

 5         403.5275  Amendment to the application.--

 6         (1)  Any amendment made to the application before

 7  certification shall be sent by the applicant to the

 8  administrative law judge and to all parties to the proceeding.

 9         (2)  Any amendment to the application made before prior

10  to certification shall be disposed of as part of the original

11  certification proceeding. Amendment of the application may be

12  considered "good cause" for alteration of time limits pursuant

13  to s. 403.528.

14         Section 55.  Section 403.528, Florida Statutes, is

15  amended to read:

16         403.528  Alteration of time limits.--

17         (1)  Any time limitation in this act may be altered by

18  the administrative law judge upon stipulation between the

19  department and the applicant unless objected to by any party

20  within 5 days after notice or for good cause shown by any

21  party.

22         (2)  A comprehensive application encompassing more than

23  one proposed transmission line may be good cause for

24  alternation of time limits.

25         Section 56.  Section 403.529, Florida Statutes, is

26  amended to read:

27         403.529  Final disposition of application.--

28         (1)(a)  If the administrative law judge has granted a

29  request to cancel the certification hearing and has

30  relinquished jurisdiction to the department under s.

31  403.527(6), within 40 days thereafter, the secretary of the

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 1  department shall act upon the application by written order in

 2  accordance with the terms of this act and state the reasons

 3  for issuance or denial.

 4         (b)  If the administrative law judge does not grant a

 5  request to cancel the certification hearing under the

 6  provisions of s. 403.527(6) within 60 30 days after receipt of

 7  the administrative law judge's recommended order, the board

 8  shall act upon the application by written order, approving in

 9  whole, approving with such conditions as the board deems

10  appropriate, or denying the certification and stating the

11  reasons for issuance or denial.

12         (2)  The issues that may be raised in any hearing

13  before the board shall be limited to matters raised in the

14  certification proceeding before the administrative law judge

15  or raised in the recommended order of the administrative law

16  judge. All parties, or their representatives, or persons who

17  appear before the board shall be subject to the provisions of

18  s. 120.66.

19         (3)  If certification is denied, the board, or

20  secretary if applicable, shall set forth in writing the action

21  the applicant would have to take to secure the approval of the

22  application by the board.

23         (4)  In determining whether an application should be

24  approved in whole, approved with modifications or conditions,

25  or denied, the board, or secretary when applicable, shall

26  consider whether, and the extent to which, the location of the

27  transmission line corridor and the construction, operation,

28  and maintenance of the transmission line will:

29         (a)  Ensure electric power system reliability and

30  integrity;

31  

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 1         (b)  Meet the electrical energy needs of the state in

 2  an orderly, economical, and timely fashion;

 3         (c)  Comply with applicable nonprocedural requirements

 4  of agencies;

 5         (d)  Be consistent with applicable provisions of local

 6  government comprehensive plans, if any; and

 7         (e)  Effect a reasonable balance between the need for

 8  the transmission line as a means of providing reliable,

 9  economically efficient electric energy, as determined by the

10  commission, under s. 403.537, abundant low-cost electrical

11  energy and the impact upon the public and the environment

12  resulting from the location of the transmission line corridor

13  and the construction, operation, and maintenance of the

14  transmission lines.

15         (5)(a)  Any transmission line corridor certified by the

16  board, or secretary if applicable, shall meet the criteria of

17  this section. When more than one transmission line corridor is

18  proper for certification under pursuant to s. 403.522(10) and

19  meets the criteria of this section, the board, or secretary if

20  applicable, shall certify the transmission line corridor that

21  has the least adverse impact regarding the criteria in

22  subsection (4), including costs.

23         (b)  If the board, or secretary if applicable, finds

24  that an alternate corridor rejected pursuant to s. 403.5271

25  meets the criteria of subsection (4) and has the least adverse

26  impact regarding the criteria in subsection (4), including

27  cost, of all corridors that meet the criteria of subsection

28  (4), then the board, or secretary if applicable, shall deny

29  certification or shall allow the applicant to submit an

30  amended application to include the such corridor.

31  

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 1         (c)  If the board, or secretary if applicable, finds

 2  that two or more of the corridors that comply with the

 3  provisions of subsection (4) have the least adverse impacts

 4  regarding the criteria in subsection (4), including costs, and

 5  that the such corridors are substantially equal in adverse

 6  impacts regarding the criteria in subsection (4), including

 7  costs, then the board, or secretary if applicable, shall

 8  certify the corridor preferred by the applicant if the

 9  corridor is one proper for certification under pursuant to s.

10  403.522(10).

11         (6)  The issuance or denial of the certification is by

12  the board shall be the final administrative action required as

13  to that application.

14         Section 57.  Section 403.531, Florida Statutes, is

15  amended to read:

16         403.531  Effect of certification.--

17         (1)  Subject to the conditions set forth therein,

18  certification shall constitute the sole license of the state

19  and any agency as to the approval of the location of

20  transmission line corridors and the construction, operation,

21  and maintenance of transmission lines. The certification is

22  shall be valid for the life of the transmission line, if

23  provided that construction on, or condemnation or acquisition

24  of, the right-of-way is commenced within 5 years after of the

25  date of certification or such later date as may be authorized

26  by the board.

27         (2)(a)  The certification authorizes shall authorize

28  the licensee applicant to locate the transmission line

29  corridor and to construct and maintain the transmission lines

30  subject only to the conditions of certification set forth in

31  the such certification.

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 1         (b)  The certification may include conditions that

 2  which constitute variances and exemptions from nonprocedural

 3  standards or rules regulations of the department or any other

 4  agency, which were expressly considered during the

 5  certification review proceeding unless waived by the agency as

 6  provided in s. 403.526 below and which otherwise would be

 7  applicable to the location of the proposed transmission line

 8  corridor or the construction, operation, and maintenance of

 9  the transmission lines. Each party shall notify the applicant

10  and other parties at the time scheduled for the filing of the

11  agency reports of any nonprocedural requirements not

12  specifically listed in the application from which a variance,

13  exemption, exception, or other relief is necessary in order

14  for the board to certify any corridor proposed for

15  certification. Failure of such notification shall be treated

16  as a waiver from the nonprocedural requirements of that

17  agency.

18         (3)(a)  The certification shall be in lieu of any

19  license, permit, certificate, or similar document required by

20  any state, regional, or local agency under pursuant to, but

21  not limited to, chapter 125, chapter 161, chapter 163, chapter

22  166, chapter 186, chapter 253, chapter 258, chapter 298,

23  chapter 370, chapter 372, chapter 373, chapter 376, chapter

24  380, chapter 381, chapter 387, chapter 403, chapter 404, the

25  Florida Transportation Code, or 33 U.S.C. s. 1341.

26         (b)  On certification, any license, easement, or other

27  interest in state lands, except those the title of which is

28  vested in the Board of Trustees of the Internal Improvement

29  Trust Fund, shall be issued by the appropriate agency as a

30  ministerial act. The applicant shall be required to seek any

31  necessary interest in state lands the title to which is vested

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 1  in the Board of Trustees of the Internal Improvement Trust

 2  Fund from the board of trustees before, during, or after the

 3  certification proceeding, and certification may be made

 4  contingent upon issuance of the appropriate interest in

 5  realty. However, neither the applicant and nor any party to

 6  the certification proceeding may not directly or indirectly

 7  raise or relitigate any matter that which was or could have

 8  been an issue in the certification proceeding in any

 9  proceeding before the Board of Trustees of the Internal

10  Improvement Trust Fund wherein the applicant is seeking a

11  necessary interest in state lands, but the information

12  presented in the certification proceeding shall be available

13  for review by the board of trustees and its staff.

14         (4)  This act does shall not in any way affect the

15  ratemaking powers of the commission under chapter 366. This

16  act does shall also not in any way affect the right of any

17  local government to charge appropriate fees or require that

18  construction be in compliance with the National Electrical

19  Safety Code, as prescribed by the commission.

20         (5)  A No term or condition of certification may not

21  shall be interpreted to preclude the postcertification

22  exercise by any party of whatever procedural rights it may

23  have under chapter 120, including those related to rulemaking

24  proceedings.

25         Section 58.  Section 403.5312, Florida Statutes, is

26  amended to read:

27         403.5312  Filing Recording of notice of certified

28  corridor route.--

29         (1)  Within 60 days after certification of a directly

30  associated transmission line under pursuant to ss.

31  403.501-403.518 or a transmission line corridor under pursuant

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 1  to ss. 403.52-403.5365, the applicant shall file with the

 2  department and, in accordance with s. 28.222, with the clerk

 3  of the circuit court for each county through which the

 4  corridor will pass, a notice of the certified route.

 5         (2)  The notice must shall consist of maps or aerial

 6  photographs in the scale of 1:24,000 which clearly show the

 7  location of the certified route and must shall state that the

 8  certification of the corridor will result in the acquisition

 9  of rights-of-way within the corridor. Each clerk shall record

10  the filing in the official record of the county for the

11  duration of the certification or until such time as the

12  applicant certifies to the department and the clerk that all

13  lands required for the transmission line rights-of-way within

14  the corridor have been acquired within the such county,

15  whichever is sooner.

16         (3)  The recording of this notice does shall not

17  constitute a lien, cloud, or encumbrance on real property.

18         Section 59.  Section 403.5315, Florida Statutes, is

19  amended to read:

20         403.5315  Modification of certification.--A

21  certification may be modified after issuance in any one of the

22  following ways:

23         (1)  The board may delegate to the department the

24  authority to modify specific conditions in the certification.

25         (2)  The licensee may file a petition for modification

26  with the department or the department may initiate the

27  modification upon its own initiative.

28         (a)  A petition for modification must set forth:

29         1.  The proposed modification;

30         2.  The factual reasons asserted for the modification;

31  and

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 1         3.  The anticipated additional environmental effects of

 2  the proposed modification.

 3         (b)(2)  The department may modify the terms and

 4  conditions of the certification if no party objects in writing

 5  to the such modification within 45 days after notice by mail

 6  to the last address of record in the certification proceeding,

 7  and if no other person whose substantial interests will be

 8  affected by the modification objects in writing within 30 days

 9  after issuance of public notice.

10         (c)  If objections are raised or the department denies

11  the proposed modification, the licensee may file a request for

12  hearing on the modification with the department. Such a

13  request shall be handled pursuant to chapter 120.

14         (d)  A request for hearing referred to the Division of

15  Administrative Hearings shall be disposed of in the same

16  manner as an application but with time periods established by

17  the administrative law judge commensurate with the

18  significance of the modification requested. If objections are

19  raised, the applicant may file a petition for modification

20  pursuant to subsection (3).

21         (3)  The applicant or the department may file a

22  petition for modification with the department and the Division

23  of Administrative Hearings setting forth:

24         (a)  The proposed modification;

25         (b)  The factual reasons asserted for the modification;

26  and

27         (c)  The anticipated additional environmental effects

28  of the proposed modification.

29         (4)  Petitions filed pursuant to subsection (3) shall

30  be disposed of in the same manner as an application but with

31  time periods established by the administrative law judge

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 1  commensurate with the significance of the modification

 2  requested.

 3         Section 60.  Section 403.5317, Florida Statutes, is

 4  created to read:

 5         403.5317  Postcertification activities.--

 6         (1)(a)  If, subsequent to certification, a licensee

 7  proposes any material change to the application or prior

 8  amendments, the licensee shall submit to the department a

 9  written request for amendment and description of the proposed

10  change to the application. The department shall, within 30

11  days after the receipt of the request for the amendment,

12  determine whether the proposed change to the application

13  requires a modification of the conditions of certification.

14         (b)  If the department concludes that the change would

15  not require a modification of the conditions of certification,

16  the department shall notify, in writing, the licensee, all

17  agencies, and all parties of the approval of the amendment.

18         (c)  If the department concludes that the change would

19  require a modification of the conditions of certification, the

20  department shall notify the licensee that the proposed change

21  to the application requires a request for modification under

22  s. 403.5315.

23         (2)  Postcertification submittals filed by a licensee

24  with one or more agencies are for the purpose of monitoring

25  for compliance with the issued certification. Each submittal

26  must be reviewed by each agency on an expedited and priority

27  basis because each facility certified under this act is a

28  critical infrastructure facility. Postcertification review may

29  not be completed more than 90 days after complete information

30  for a segment of the certified transmission line is submitted

31  to the reviewing agencies.

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 1         Section 61.  Section 403.5363, Florida Statutes, is

 2  created to read:

 3         403.5363  Public notices; requirements.--

 4         (1)(a)  The applicant shall arrange for the publication

 5  of the notices specified in paragraph (b).

 6         1.  The notices shall be published in newspapers of

 7  general circulation within counties crossed by the

 8  transmission line corridors proper for certification. The

 9  required newspaper notices for filing of an application and

10  for the certification hearing shall be one-half page in size

11  in a standard-size newspaper or a full page in a tabloid-size

12  newspaper and published in a section of the newspaper other

13  than the section for legal notices. These two notices must

14  include a map generally depicting all transmission corridors

15  proper for certification. A newspaper of general circulation

16  shall be the newspaper within a county crossed by a

17  transmission line corridor proper for certification which

18  newspaper has the largest daily circulation in that county and

19  has its principal office in that county. If the newspaper

20  having the largest daily circulation has its principal office

21  outside the county, the notices must appear in both the

22  newspaper having the largest circulation in that county and in

23  a newspaper authorized to publish legal notices in that

24  county.

25         2.  The department shall adopt rules specifying the

26  content of the newspaper notices.

27         3.  All notices published by the applicant shall be

28  paid for by the applicant and shall be in addition to the

29  application fee.

30         (b)  Public notices that must be published under this

31  section include:

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 1         1.  The notice of the filing of an application, which

 2  must include a description of the proceedings required by this

 3  act. The notice must describe the provisions of s. 403.531(1)

 4  and (2) and give the date by which notice of intent to be a

 5  party or a petition to intervene in accordance with s.

 6  403.527(2) must be filed. This notice must be published no

 7  more than 21 days after the application is filed.

 8         2.  The notice of the certification hearing and any

 9  other public hearing permitted under s. 403.527. The notice

10  must include the date by which a person wishing to appear as a

11  party must file the notice to do so. The notice of the

12  certification hearing must be published at least 65 days

13  before the date set for the certification hearing.

14         3.  The notice of the cancellation of the certification

15  hearing, if applicable. The notice must be published at least

16  3 days before the date of the originally scheduled

17  certification hearing.

18         4.  The notice of the filing of a proposal to modify

19  the certification submitted under s. 403.5315, if the

20  department determines that the modification would require

21  relocation or expansion of the transmission line right-of-way

22  or a certified substation.

23         (2)  The proponent of an alternate corridor shall

24  arrange for the publication of the filing of the proposal for

25  an alternate corridor, the revised time schedules, the date by

26  which newly affected persons or agencies may file the notice

27  of intent to become a party, and the date of the rescheduled

28  hearing. A notice listed in this subsection must be published

29  in a newspaper of general circulation within the county or

30  counties crossed by the proposed alternate corridor and comply

31  with the content requirements set forth in paragraph (1)(a).

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 1  The notice must be published not less than 50 days before the

 2  rescheduled certification hearing.

 3         (3)  The department shall arrange for the publication

 4  of the following notices in the manner specified by chapter

 5  120:

 6         (a)  The notice of the filing of an application and the

 7  date by which a person intending to become a party must file

 8  the notice of intent. The notice must be published no later

 9  than 21 days after the application has been filed.

10         (b)  The notice of any administrative hearing for

11  certification, if applicable. The notice must be published not

12  less than 65 days before the date set for a hearing, except

13  that notice for a rescheduled certification hearing after

14  acceptance of an alternative corridor must be published not

15  less than 50 days before the date set for the hearing.

16         (c)  The notice of the cancellation of a certification

17  hearing, if applicable. The notice must be published not later

18  than 7 days before the date of the originally scheduled

19  certification hearing.

20         (d)  The notice of the hearing before the siting board,

21  if applicable.

22         (e)  The notice of stipulations, proposed agency

23  action, or a petition for modification.

24         Section 62.  Section 403.5365, Florida Statutes, is

25  amended to read:

26         403.5365  Fees; disposition.--The department shall

27  charge the applicant the following fees, as appropriate,

28  which, unless otherwise specified, shall be paid into the

29  Florida Permit Fee Trust Fund:

30         (1)  An application fee.

31  

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 1         (a)  The application fee shall be of $100,000, plus

 2  $750 per mile for each mile of corridor in which the

 3  transmission line right-of-way is proposed to be located

 4  within an existing electric electrical transmission line

 5  right-of-way or within any existing right-of-way for any road,

 6  highway, railroad, or other aboveground linear facility, or

 7  $1,000 per mile for each mile of electric transmission line

 8  corridor proposed to be located outside the such existing

 9  right-of-way.

10         (b)(a)  Sixty percent of the fee shall go to the

11  department to cover any costs associated with coordinating the

12  review of reviewing and acting upon the application and any

13  costs for field services associated with monitoring

14  construction and operation of the electric transmission line

15  facility.

16         (c)(b)  The following percentage Twenty percent of the

17  fees specified under this section, except postcertification

18  fees, shall be transferred to the Administrative Trust Fund of

19  the Division of Administrative Hearings of the Department of

20  Management Services:.

21         1.  Five percent to compensate for expenses from the

22  initial exercise of duties associated with the filing of an

23  application.

24         2.  An additional 10 percent if an administrative

25  hearing under s. 403.527 is held.

26         (d)1.(c)  Upon written request with proper itemized

27  accounting within 90 days after final agency action by the

28  siting board or the department or the withdrawal of the

29  application, the agencies that prepared reports under s.

30  403.526 or s. 403.5271 or participated in a hearing under s.

31  403.527 or s. 403.5271 may submit a written request to the

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 1  department for reimbursement of expenses incurred during the

 2  certification proceedings. The request must contain an

 3  accounting of expenses incurred, which may include time spent

 4  reviewing the application, department shall reimburse the

 5  expenses and costs of the Department of Community Affairs, the

 6  Fish and Wildlife Conservation Commission, the water

 7  management district, regional planning council, and local

 8  government in the jurisdiction of which the transmission line

 9  is to be located. Such reimbursement shall be authorized for

10  the preparation of any studies required of the agencies by

11  this act, and for agency travel and per diem to attend any

12  hearing held under pursuant to this act, and for the local

13  government or regional planning council providing additional

14  notice of the informational public meeting. The department

15  shall review the request and verify whether a claimed expense

16  is valid. Valid expenses shall be reimbursed; however, if to

17  participate in the proceedings. In the event the amount of

18  funds available for reimbursement allocation is insufficient

19  to provide for full compensation complete reimbursement to the

20  agencies, reimbursement shall be on a prorated basis.

21         2.  If the application review is held in abeyance for

22  more than 1 year, the agencies may submit a request for

23  reimbursement under subparagraph 1.

24         (e)(d)  If any sums are remaining, the department shall

25  retain them for its use in the same manner as is otherwise

26  authorized by this section; provided, however, that if the

27  certification application is withdrawn, the remaining sums

28  shall be refunded to the applicant within 90 days after

29  withdrawal.

30         (2)  An amendment fee.

31  

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 1         (a)  If no corridor alignment change is proposed by the

 2  amendment, no amendment fee shall be charged.

 3         (b)  If a corridor alignment change under s. 403.5275

 4  is proposed by the applicant, an additional fee of a minimum

 5  of $2,000 and $750 per mile shall be submitted to the

 6  department for use in accordance with this act.

 7         (c)  If an amendment is required to address issues,

 8  including alternate corridors under pursuant to s. 403.5271,

 9  raised by the department or other parties, no fee for the such

10  amendment shall be charged.

11         (3)  A certification modification fee.

12         (a)  If no corridor alignment change is proposed by the

13  licensee applicant, the modification fee shall be $4,000.

14         (b)  If a corridor alignment change is proposed by the

15  licensee applicant, the fee shall be $1,000 for each mile of

16  realignment plus an amount not to exceed $10,000 to be fixed

17  by rule on a sliding scale based on the load-carrying

18  capability and configuration of the transmission line for use

19  in accordance with subsection (1) (2).

20         Section 63.  Subsection (1) of section 403.537, Florida

21  Statutes, is amended to read:

22         403.537  Determination of need for transmission line;

23  powers and duties.--

24         (1)(a)  Upon request by an applicant or upon its own

25  motion, the Florida Public Service Commission shall schedule a

26  public hearing, after notice, to determine the need for a

27  transmission line regulated by the Florida Electric

28  Transmission Line Siting Act, ss. 403.52-403.5365. The Such

29  notice shall be published at least 21 45 days before the date

30  set for the hearing and shall be published by the applicant in

31  at least one-quarter page size notice in newspapers of general

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 1  circulation, and by the commission in the manner specified in

 2  chapter 120 in the Florida Administrative Weekly, by giving

 3  notice to counties and regional planning councils in whose

 4  jurisdiction the transmission line could be placed, and by

 5  giving notice to any persons who have requested to be placed

 6  on the mailing list of the commission for this purpose. Within

 7  21 days after receipt of a request for determination by an

 8  applicant, the commission shall set a date for the hearing.

 9  The hearing shall be held pursuant to s. 350.01 within 45 days

10  after the filing of the request, and a decision shall be

11  rendered within 60 days after such filing.

12         (b)  The commission shall be the sole forum in which to

13  determine the need for a transmission line. The need for a

14  transmission line may not be raised or be the subject of

15  review in another proceeding.

16         (c)(b)  In the determination of need, the commission

17  shall take into account the need for electric system

18  reliability and integrity, the need for abundant, low-cost

19  electrical energy to assure the economic well-being of the

20  residents citizens of this state, the appropriate starting and

21  ending point of the line, and other matters within its

22  jurisdiction deemed relevant to the determination of need. The

23  appropriate starting and ending points of the electric

24  transmission line must be verified by the commission in its

25  determination of need.

26         (d)(c)  The determination by the commission of the need

27  for the transmission line, as defined in s. 403.522(22) s.

28  403.522(21), is binding on all parties to any certification

29  proceeding under pursuant to the Florida Electric Transmission

30  Line Siting Act and is a condition precedent to the conduct of

31  

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 1  the certification hearing prescribed therein. An order entered

 2  pursuant to this section constitutes final agency action.

 3         Section 64.  Subsection (3) of section 373.441, Florida

 4  Statutes, is amended to read:

 5         373.441  Role of counties, municipalities, and local

 6  pollution control programs in permit processing.--

 7         (3)  The department shall review environmental resource

 8  permit applications for electrical distribution and

 9  transmission lines and other facilities related to the

10  production, transmission, and distribution of electricity

11  which are not certified under ss. 403.52-403.5365, the Florida

12  Electric Transmission Line Siting Act, regulated under this

13  part.

14         Section 65.  Subsection (30) of section 403.061,

15  Florida Statutes, is amended to read:

16         403.061  Department; powers and duties.--The department

17  shall have the power and the duty to control and prohibit

18  pollution of air and water in accordance with the law and

19  rules adopted and promulgated by it and, for this purpose, to:

20         (30)  Establish requirements by rule that reasonably

21  protect the public health and welfare from electric and

22  magnetic fields associated with existing 230 kV or greater

23  electrical transmission lines, new 230 kV and greater

24  electrical transmission lines for which an application for

25  certification under the Florida Electric Transmission Line

26  Siting Act, ss. 403.52-403.5365, is not filed, new or existing

27  electrical transmission or distribution lines with voltage

28  less than 230 kV, and substation facilities. Notwithstanding

29  any other provision in this chapter or any other law of this

30  state or political subdivision thereof, the department shall

31  have exclusive jurisdiction in the regulation of electric and

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 1  magnetic fields associated with all electrical transmission

 2  and distribution lines and substation facilities. However,

 3  nothing herein shall be construed as superseding or repealing

 4  the provisions of s. 403.523(1) and (10).

 5  

 6  The department shall implement such programs in conjunction

 7  with its other powers and duties and shall place special

 8  emphasis on reducing and eliminating contamination that

 9  presents a threat to humans, animals or plants, or to the

10  environment.

11         Section 66.  Paragraph (a) of subsection (3) of section

12  403.0876, Florida Statutes, is amended to read:

13         403.0876  Permits; processing.--

14         (3)(a)  The department shall establish a special unit

15  for permit coordination and processing to provide expeditious

16  processing of department permits which the district offices

17  are unable to process expeditiously and to provide accelerated

18  processing of certain permits or renewals for economic and

19  operating stability. The ability of the department to process

20  applications under pursuant to this subsection in a more

21  timely manner than allowed by subsections (1) and (2) is

22  dependent upon the timely exchange of information between the

23  applicant and the department and the intervention of outside

24  parties as allowed by law. An applicant may request the

25  processing of its permit application by the special unit if

26  the application is from an area of high unemployment or low

27  per capita income, is from a business or industry that is the

28  primary employer within an area's labor market, or is in an

29  industry with respect to which the complexities involved in

30  the review of the application require special skills uniquely

31  available in the headquarters office. The department may

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 1  require the applicant to waive the 90-day time limitation for

 2  department issuance or denial of the permit once for a period

 3  not to exceed 90 days. The department may require a special

 4  fee to cover the direct cost of processing special

 5  applications in addition to normal permit fees and costs. The

 6  special fee may not exceed $10,000 per permit required.

 7  Applications for renewal permits, but not applications for

 8  initial permits, required for facilities pursuant to the

 9  Electrical Power Plant Siting Act or the Florida Electric

10  Transmission Line Siting Act may be processed under this

11  subsection. Personnel staffing the special unit shall have

12  lengthy experience in permit processing.

13         Section 67.  Paragraph (b) of subsection (3) of section

14  403.809, Florida Statutes, is amended to read:

15         403.809  Environmental districts; establishment;

16  managers; functions.--

17         (3)

18         (b)  The processing of all applications for permits,

19  licenses, certificates, and exemptions shall be accomplished

20  at the district center or the branch office, except for those

21  applications specifically assigned elsewhere in the department

22  under s. 403.805 or to the water management districts under s.

23  403.812 and those applications assigned by interagency

24  agreement as provided in this act. However, the secretary, as

25  head of the department, may not delegate to district or

26  subdistrict managers, water management districts, or any unit

27  of local government the authority to act on the following

28  types of permit applications:

29         1.  Permits issued under s. 403.0885, except such

30  permit issuance may be delegated to district managers.

31         2.  Construction of major air pollution sources.

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 1         3.  Certifications under the Florida Electrical Power

 2  Plant Siting Act or the Florida Electric Transmission Line

 3  Siting Act and the associated permit issued under s. 403.0885,

 4  if applicable.

 5         4.  Permits issued under s. 403.0885 to steam electric

 6  generating facilities regulated pursuant to 40 C.F.R. part

 7  423.

 8         5.  Permits issued under s. 378.901.

 9         Section 68.  Sections 403.5253 and 403.5369, Florida

10  Statutes, are repealed.

11         Section 69.  Section 570.954, Florida Statutes, is

12  created to read:

13         570.954  Farm to fuel.--

14         (1)  This section may be cited as the "Florida Farm to

15  Fuel Act."

16         (2)  The Legislature finds that:

17         (a)  Utilization of Florida crops and biomass for

18  production of bioenergy is important for the state's future

19  energy stability, protection of its environment, and continued

20  viability of its agriculture industry.

21         (b)  Development of bioenergy will help to reduce

22  demand for foreign fuels, reduce pollution, and promote

23  economic growth.

24         (c)  Assistance in the production and distribution of

25  bioenergy in the state is needed.

26         (d)  Production of bioenergy in the state is ideal due

27  to the state's vast amount of farm acreage and mild climate,

28  which permit crops to be grown virtually year round, and the

29  availability of other biomass.

30         (3)  This section is intended to provide grants to:

31  

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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 70.  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 71.  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 72.  By November 1, 2006, the Department of

 3  Environmental Protection shall provide to the Governor, the

 4  President of the Senate, and the Speaker of the House of

 5  Representatives a report detailing the state's leadership by

 6  example in energy conservation and energy efficiency. The

 7  report must include a description of state programs designed

 8  to achieve energy conservation and energy efficiency at

 9  state-owned facilities, such as the guaranteed energy

10  performance savings contracting pursuant to s. 489.145,

11  Florida Statutes, and the inclusion of alternative fuel

12  vehicles in state fleets. The report must describe the costs

13  of implementation, details of the programs, and current and

14  projected energy and cost savings.

15         Section 73.  This act shall take effect July 1, 2006.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                              SB 888

 3                                 

 4  The Committee Substitute for Senate Bill 888:

 5  -creates the Florida Energy Commission to develop
    recommendations for legislation on a state energy policy;
 6  
    -transfers the energy office from the Department of
 7  Environmental Protection to the Florida Energy Commission;

 8  -requires the Public Service Commission to direct a study of
    the electric transmission grid and report the results;
 9  
    -provides financial incentives for renewable energy
10  technologies, energy efficient appliances, solar energy,
    biodiesel and ethanol, and biomass;
11  
    -includes the effect of fuel diversity in considerations of
12  the 10-year site plans;

13  -revises the safety standard for public utility transmission
    facilities;
14  
    -revises the Florida Electrical Power Siting Act to streamline
15  and shorten time frames by: combining completeness and
    sufficiency; eliminates mandatory land use and certification
16  hearings, and changes deadlines;

17  -exempts nuclear power plants from the requirement of a
    competitive bid for a power supply before beginning the
18  certification and determination of need processes;

19  -directs the Public Service Commission to consider fuel
    diversity and reliability in determining the need for a
20  proposed electric power plant;

21  -revises the Transmission Line Siting Act to streamline and
    shorten time frames by: combining completeness and
22  sufficiency; eliminates mandatory land use and certification
    hearings, and changes deadlines; and
23  
    -requires the Department of Environmental Protection to report
24  on the state's leadership by example in energy conservation
    and efficiency.
25  

26  

27  

28  

29  

30  

31  

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