Senate Bill sb0888c2

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    Florida Senate - 2006                     CS for CS for SB 888

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


    592-2131-06

  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; requiring a

17         report to the Governor, the Cabinet, and the

18         Legislature regarding the reduction of

19         greenhouse gasses in the state; transferring

20         all powers, functions, records, personnel,

21         property, and unexpended balances of

22         appropriations of the state energy program

23         within the Department of Environmental

24         Protection to the Florida Energy Commission;

25         requiring a study and a report to the Governor

26         and Legislature concerning the electric

27         transmission grid; providing legislative

28         findings and intent; providing for contracts on

29         Florida renewable energy; providing for a tax

30         credit; creating s. 377.801, F.S.; creating the

31         "Florida Renewable Energy Technologies and

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 1         Energy Efficiency Act"; creating s. 377.802,

 2         F.S.; stating the purpose of the act; creating

 3         s. 377.803, F.S.; providing definitions;

 4         creating s. 377.804, F.S.; creating the

 5         Renewable Energy Technologies Grants Program;

 6         providing program requirements and procedures,

 7         including matching funds; creating s. 377.805,

 8         F.S.; creating the Energy Efficient Appliance

 9         Rebate Program; providing program requirements,

10         procedures, and limitations; creating s.

11         377.806, F.S.; creating the Solar Energy System

12         Incentives Program; providing definitions;

13         providing for solar development funding;

14         creating the solar photovoltaic incentive

15         program; providing eligibility requirements;

16         providing rebate amounts; creating the solar

17         thermal incentive program; providing for

18         eligibility; providing rebate amounts;

19         providing rulemaking authority to the Public

20         Service Commission; requiring the Florida Solar

21         Energy Center to certify the performance of

22         solar equipment sold and installed in the

23         state; amending s. 212.08, F.S.; providing

24         definitions for the terms "biodiesel" and

25         "ethanol"; providing tax exemptions for the

26         sale or use of certain energy efficient

27         products; providing eligibility requirements

28         and tax credit limits; directing the department

29         to adopt rules; directing the department to

30         determine and publish certain information

31         relating to such exemptions; amending s.

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 1         213.053, F.S.; authorizing the Department of

 2         Revenue to share certain information with the

 3         Department of Environmental Protection for

 4         specified purposes; amending s. 220.02, F.S.;

 5         providing the order of application of the

 6         renewable energy technologies investment tax

 7         credit; creating s. 220.192, F.S.; establishing

 8         a corporate tax credit for certain costs

 9         related to renewable energy technologies;

10         providing eligibility requirements and credit

11         limits; providing certain authority to the

12         Department of Environmental Protection and the

13         Department of Revenue; directing the Department

14         of Environmental Protection to determine and

15         publish certain information; creating ss.

16         220.193 and 212.099, F.S.; establishing

17         renewable energy production tax credits;

18         providing definitions; authorizing the

19         Department of Revenue to adopt rules for

20         claiming the tax credits; creating s. 220.194,

21         F.S.; establishing the renewable energy

22         production tax credit; providing definitions;

23         providing a tax credit for utilities against

24         sales of renewable Florida energy pursuant to

25         an approved renewable energy project or

26         contract; providing for the carryforward of

27         unused tax credits; authorizing the Department

28         of Revenue to adopt rules; amending s. 220.13,

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

30         of "adjusted federal income"; amending s.

31         186.801, F.S.; revising the provisions of

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 1         electric utility 10-year site plans to include

 2         the effect on fuel diversity; amending s.

 3         366.04, F.S.; revising the safety standards for

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

 5         authorizing the Public Service Commission to

 6         adopt certain construction standards and make

 7         certain determinations; amending s. 403.503,

 8         F.S.; revising and providing definitions

 9         applicable to the Florida Electrical Power

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

11         providing the Department of Environmental

12         Protection with additional powers and duties

13         relating to the Florida Electrical Power Plant

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

15         revising provisions for certain permits

16         associated with applications for electrical

17         power plant certification; amending s. 403.506,

18         F.S.; revising provisions relating to

19         applicability and certification of certain

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

21         revising provisions for distribution of

22         applications and schedules relating to

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

24         revising provisions relating to the appointment

25         of administrative law judges; amending s.

26         403.5066, F.S.; revising provisions relating to

27         the determination of completeness for certain

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

29         authorizing certain local governments and

30         regional planning councils to hold an

31         informational public meeting; providing

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 1         requirements and procedures therefor; creating

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

 3         to file certain land use determinations;

 4         providing requirements and procedures therefor;

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

 6         determination of sufficiency for certain

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

 8         revising required statement provisions for

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

10         revising provisions related to land use and

11         certification proceedings; requiring certain

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

13         provisions related to the final disposition of

14         certain applications; providing requirements

15         and provisions with respect thereto; amending

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

17         to the effect of certification for the

18         construction and operation of proposed power

19         plants; providing that issuance of

20         certification meets certain consistency

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

22         requiring filing of notice for certified

23         corridor routes; providing requirements and

24         procedures with respect thereto; creating s.

25         403.5113, F.S.; authorizing postcertification

26         amendments for power plant site certification

27         applications; providing requirements and

28         procedures with respect thereto; amending s.

29         403.5115, F.S.; requiring certain public notice

30         for activities related to power plant site

31         application, certification, and land use

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 1         determination; providing requirements and

 2         procedures with respect thereto; directing the

 3         Department of Environmental Protection to

 4         maintain certain lists and provide copies to of

 5         certain publications; amending s. 403.513,

 6         F.S.; revising provisions for judicial review

 7         of appeals related to power plant site

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

 9         revising provisions relating to modification of

10         certification for power plant sites; amending

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

12         relating to supplemental applications for

13         certain power plant sites; amending s.

14         403.5175, F.S.; revising provisions relating to

15         existing power plant site certification;

16         revising the procedure for reviewing and

17         processing applications; requiring additional

18         information to be included in certain

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

20         revising the allocation of proceeds from

21         certain fees collected; providing for

22         reimbursement of certain expenses; directing

23         the Department of Environmental Protection to

24         establish rules for determination of certain

25         fees; eliminating certain operational license

26         fees; providing that applications for power

27         plant certification be processed under laws

28         applicable at the time the application is

29         filed; providing exceptions; amending s.

30         403.519, F.S.; directing the Public Service

31         Commission to consider fuel diversity and

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 1         reliability in certain determinations; amending

 2         s. 403.52, F.S.; changing the short title to

 3         the "Florida Electric Transmission Line Siting

 4         Act"; amending s. 403.521, F.S.; revising

 5         legislative intent; amending s. 403.522, F.S.;

 6         revising definitions; defining the terms

 7         "licensee" and "maintenance and access roads";

 8         amending s. 403.523, F.S.; revising powers and

 9         duties of the Department of Environmental

10         Protection; requiring the department to collect

11         and process fees, to prepare a project

12         analysis, to act as clerk for the siting board,

13         and to administer and manage the terms and

14         conditions of the certification order and

15         supporting documents and records; amending s.

16         403.524, F.S.; revising provisions for

17         applicability, certification, and exemptions

18         under the act; revising provisions for notice

19         by an electric utility of its intent to

20         construct an exempt transmission line; amending

21         s. 403.525, F.S.; providing for powers and

22         duties of the administrative law judge

23         designated by the Division of Administrative

24         Hearings to conduct the required hearings;

25         amending s. 403.5251, F.S.; revising

26         application procedures and schedules; providing

27         for the formal date of filing an application

28         for certification and commencement of the

29         certification review process; requiring the

30         department to prepare a proposed schedule of

31         dates for determination of completeness and

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 1         other significant dates to be followed during

 2         the certification process; providing for the

 3         formal date of application distribution;

 4         requiring the applicant to provide notice of

 5         filing the application; amending s. 403.5252,

 6         F.S.; revising timeframes and procedures for

 7         determination of completeness of the

 8         application; requiring the department to

 9         consult with affected agencies; revising

10         requirements for the department to file a

11         statement of its determination of completeness

12         with the Division of Administrative Hearings,

13         the applicant, and all parties within a certain

14         time after distribution of the application;

15         revising requirements for the applicant to file

16         a statement with the department, the division,

17         and all parties, if the department determines

18         the application is not complete; providing for

19         the statement to notify the department whether

20         the information will be provided; revising

21         timeframes and procedures for contests of the

22         determination by the department; providing for

23         parties to a hearing on the issue of

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

25         revising criteria and procedures for

26         preliminary statements of issues, reports, and

27         studies; revising timeframes; requiring that

28         the preliminary statement of issues from each

29         affected agency be submitted to the department

30         and the applicant; revising criteria for the

31         Department of Community Affairs' report;

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 1         requiring the Department of Transportation, the

 2         Public Service Commission, and any other

 3         affected agency to prepare a project report;

 4         revising required content of the report;

 5         providing for notice of any nonprocedural

 6         requirements not listed in the application;

 7         providing for failure to provide such

 8         notification; providing for a recommendation

 9         for approval or denial of the application;

10         providing that receipt of an affirmative

11         determination of need is a condition precedent

12         to further processing of the application;

13         requiring that the department prepare a project

14         analysis to be filed with the administrative

15         law judge and served on all parties within a

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

17         revising procedures and timeframes for the

18         certification hearing conducted by the

19         administrative law judge; revising provisions

20         for notices and publication of notices, public

21         hearings held by local governments, testimony

22         at the public-hearing portion of the

23         certification hearing, the order of

24         presentations at the hearing, and consideration

25         of certain communications by the administrative

26         law judge; requiring the applicant to pay

27         certain expenses and costs; requiring the

28         administrative law judge to issue a recommended

29         order disposing of the application; requiring

30         that certain notices be made in accordance with

31         specified requirements and within a certain

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 1         time; requiring the Department of

 2         Transportation to be a party to the

 3         proceedings; providing for the administrative

 4         law judge to cancel the certification hearing

 5         and relinquish jurisdiction to the Department

 6         of Environmental Protection upon request by the

 7         applicant or the department; requiring the

 8         department and the applicant to publish notice

 9         of such cancellation; providing for parties to

10         submit proposed recommended orders to the

11         department when the certification hearing has

12         been canceled; providing that the department

13         prepare a recommended order for final action by

14         the siting board when the hearing has been

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

16         procedures and timeframes for consideration of

17         proposed alternate corridors; revising notice

18         requirements; providing for notice of the

19         filing of the alternate corridor and revised

20         time schedules; providing for notice to

21         agencies newly affected by the proposed

22         alternate corridor; requiring the person

23         proposing the alternate corridor to provide all

24         data to the agencies within a certain time;

25         providing for a determination by the department

26         that the data is not complete; providing for

27         withdrawal of the proposed alternate corridor

28         upon such determination; requiring that

29         agencies file reports with the applicant and

30         the department which address the proposed

31         alternate corridor; requiring that the

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 1         department file with the administrative law

 2         judge, the applicant, and all parties a project

 3         analysis of the proposed alternate corridor;

 4         providing that the party proposing an alternate

 5         corridor has the burden of proof concerning the

 6         certifiability of the alternate corridor;

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

 8         for informational public meetings; providing

 9         for informational public meetings held by

10         regional planning councils; revising

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

12         revising provisions for amendment to the

13         application prior to certification; amending s.

14         403.528, F.S.; providing that a comprehensive

15         application encompassing more than one proposed

16         transmission line may be good cause for

17         altering established time limits; amending s.

18         403.529, F.S.; revising provisions for final

19         disposition of the application by the siting

20         board; providing for the administrative law

21         judge's or department's recommended order;

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

23         for conditions of certification; amending s.

24         403.5312, F.S.; requiring the applicant to file

25         notice of a certified corridor route with the

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

27         revising the circumstances under which a

28         certification may be modified after the

29         certification has been issued; providing for

30         procedures if objections are raised to the

31         proposed modification; creating s. 403.5317,

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 1         F.S.; providing procedures for changes proposed

 2         by the licensee after certification; requiring

 3         the department to determine within a certain

 4         time if the proposed change requires

 5         modification of the conditions of

 6         certification; requiring notice to the

 7         licensee, all agencies, and all parties of

 8         changes that are approved as not requiring

 9         modification of the conditions of

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

11         requiring publication of certain notices by the

12         applicant, the proponent of an alternate

13         corridor, and the department; requiring the

14         department to adopt rules specifying the

15         content of such notices; amending s. 403.5365,

16         F.S.; revising application fees and the

17         distribution of fees collected; revising

18         procedures for reimbursement of local

19         governments and regional planning

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

21         revising the schedule for notice of a public

22         hearing by the Public Service Commission in

23         order to determine the need for a transmission

24         line; providing that the commission is the sole

25         forum in which to determine the need for a

26         transmission line; amending ss. 373.441,

27         403.061, 403.0876, and 403.809, F.S.;

28         conforming terminology to changes made by the

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

30         relating to determination of sufficiency of

31         application or amendment to the application and

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 1         the application of the act to applications

 2         filed before a certain date; creating s.

 3         570.954, F.S.; providing a short title;

 4         providing legislative findings; providing

 5         purposes; providing definitions; establishing

 6         the Farm to Fuel Grants Program; providing

 7         criteria for distribution of grants;

 8         authorizing appointment of an advisory council;

 9         providing purposes; providing membership;

10         authorizing the department to adopt rules;

11         providing an appropriation; creating s.

12         220.195, F.S.; providing certain tax credits

13         for certain producers of ethanol and biodiesel;

14         authorizing the Department of Revenue to adopt

15         certain rules relating to the tax credits;

16         providing for future repeal of the tax credits;

17         requiring a report to the Governor and

18         Legislature; providing an effective date.

19  

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

21  

22         Section 1.  Florida Energy Commission.--

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

24  be located within the Office of Legislative Services for

25  administrative purposes. The commission shall be comprised of

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

27  and ten shall be nonvoting members, as follows:

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

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

30  appointed by the President of the Senate in consultation with

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

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 1  Speaker of the House of Representatives in consultation with

 2  the minority leader. Voting members shall be appointed to

 3  4-year terms; however, in order to establish staggered terms,

 4  for the initial appointments each appointing official shall

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

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

 7  meet the following qualifications and restrictions:

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

 9  the following fields: energy, natural resource conservation,

10  economics, engineering, finance, law, consumer protection,

11  state energy policy, or another field substantially related to

12  the duties and functions of the commission. The commission

13  shall fairly represent the fields specified in this

14  subparagraph.

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

16  or during his or her term of office:

17         a.  Have any financial interest, other than ownership

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

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

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

21  policy recommendations developed by the commission.

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

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

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

25  entity that may profit by the policy recommendations developed

26  by the commission.

27         (b)  The nonvoting members shall include:

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

29         2.  The Public Counsel;

30         3.  The Commissioner of Agriculture;

31         4.  The Secretary of Environmental Protection;

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 1         5.  The Secretary of Community Affairs;

 2         6.  The Secretary of Transportation;

 3         7.  The Secretary of Health;

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

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

 6         10.  The director of the Florida Solar Energy Center.

 7         (2)  Voting members shall serve without compensation,

 8  but are entitled to reimbursement for per diem and travel

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

10  Nonvoting members shall serve at the expense of the entity

11  they represent.

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

13  the commission shall be held in various locations around the

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

15  must meet at least twice each year.

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

17  the performance of its duties, including an executive

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

19  executive assistant. The commission may also appoint technical

20  advisory committees to focus on specific topics within its

21  charge.

22         (b)  Agencies whose heads serve as nonvoting members

23  shall supply staff and resources as necessary to provide

24  information needed by the commission.

25         (c)  The commission may appoint focus groups to

26  consider specific issues.

27         (5)  The commission shall develop recommendations for

28  legislation to establish a state energy policy, giving

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

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

31  the guiding principles of reliability, efficiency,

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

 2  The commission shall continually review the state energy

 3  policy and shall recommend to the Legislature any additional

 4  necessary changes or improvements. The commission shall also

 5  perform other duties as set forth in general law.

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

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

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

 9  progress and recommendations, including draft legislation. The

10  commission's initial report must identify incentives for

11  research, development, or deployment projects involving the

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

13  recommendations for improvements to the electricity

14  transmission and distribution system, including recommended

15  incentives to encourage electric utilities and local

16  governments to work together in good faith on issues of

17  underground utilities; set forth the appropriate test for the

18  Florida Public Service Commission to use in determining which

19  energy efficiency programs are cost-effective and should be

20  implemented, together with the rationale in selecting the

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

22  timetable, for addressing the remaining issues.

23         (7)  In developing its recommendations, the commission

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

25  affordability, and diversity, and more specifically as

26  follows:

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

28  with adequate reserves.

29         (b)  The transmission and delivery of electricity

30  should be reliable.

31  

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

 2  electricity should be accomplished with the least detriment to

 3  the environment and public health.

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

 5  electricity should be accomplished compatibly with the goals

 6  for growth management.

 7         (e)  Electricity generation, transmission, and delivery

 8  facilities should be reasonably secure from damage, taking all

 9  factors into consideration, and recovery from damage should be

10  prompt.

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

12  rates and all recovery-clause additions, with sufficient

13  incentives for utilities to achieve this goal.

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

15  vehicle fuels, both under normal circumstances and during

16  hurricanes and other emergency situations.

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

18  alternative energy technologies and alternative motor vehicle

19  fuels should be encouraged.

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

21  be used in achieving these goals.

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

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

24  

25  In choosing between conflicting or competing goals, the

26  commission shall balance the projected benefits of affordable,

27  reliable energy supplies against detrimental cost and

28  environmental impacts and recommend the best solution, with a

29  complete and detailed explanation of the factors considered

30  and the rationale for the decision.

31  

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 1         (8)  The commission shall develop policy

 2  recommendations concerning the following issues relating to

 3  electric energy:

 4         (a)  Are the current projections for growth in

 5  population and electricity demand and corresponding projected

 6  increases in capacity sufficient to meet needs?

 7         (b)  With respect to fossil fuels:

 8         1.  What are the projections for the availability and

 9  the cost of fossil fuels used to generate electricity?

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

11  domestic or foreign petroleum products?

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

13  supplies during normal conditions and in emergencies?

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

15  additional methods and routes of fuel delivery?

16         5.  Should this state seek redundant natural gas

17  pipelines in order to have a safety net?

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

19  methods of fuel delivery?

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

21  in-state storage of coal and natural gas?

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

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

24  plants?

25         (c)  With respect to fuel diversity and alternative

26  energy technology:

27         1.  What role does fuel diversity play in maximizing

28  reliability and minimizing costs?

29         2.  Would additional nuclear plants be beneficial, and

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

31  such plants?

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 1         3.  What alternative energy technologies are available

 2  and technically and economically feasible in this state and

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

 4  these resources?

 5         (d)  With respect to the environmental effects of

 6  fossil fuels, alternative fuels, and alternative technologies:

 7         1.  What types and levels of pollution are involved

 8  with each type of fuel and technology?

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

10  what are the costs?

11         3.  Should the Legislature enact pollution standards,

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

13  pollution-portfolio standard that applies to all types of

14  fuels and technologies?

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

16  carbon emissions, taking into consideration what the federal

17  government and other states are doing?

18         5.  How do these issues affect fuel and generation

19  choices?

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

21  efficiency:

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

23  and efficiency play in meeting electric needs?

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

25  demand-side management and efficiency of electricity?

26         3.  What state entity should be involved in encouraging

27  and monitoring demand-side management and efficiency?

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

29  encourage advanced metering systems and innovative price

30  signals?

31  

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

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

 3  of energy?

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

 5  Service Commission to use in determining which energy

 6  efficiency programs are cost-effective and should be

 7  implemented?

 8         (f)  With respect to transmission and distribution

 9  facilities:

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

11  improve the siting of transmission and distribution lines?

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

13  transmission and distribution more efficient?

14         3.  Should multiple electric lines be located together

15  to minimize the effect on property or located separately to

16  increase reliability?

17         4.  What are the projections for hurricanes?

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

19  harden transmission facilities or otherwise improve their

20  security and reliability?

21         6.  How do fuel and technology choices affect planning

22  for and recovering from hurricanes?

23         7.  Should distributed generation be considered as part

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

25  additional transmission or generation?

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

27  than hurricanes, should be taken into consideration in this

28  planning?

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

30         1.  How can the state best provide adequate energy

31  facilities for existing populations?

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

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

 3         3.  How should issues of restoring energy supplies

 4  after a hurricane or other emergency affect growth management

 5  and local government goals and laws?

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

 7  energy generation, transmission, and distribution facilities

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

 9  strategic or essential service facilities are sited relative

10  to those energy supplies?

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

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

13  rates or recovery clauses for consumers?

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

15  deployment of new or alternative energy technologies:

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

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

18         2.  If encouragement of research is appropriate, what

19  types of research should be encouraged?

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

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

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

23  alternative energy technology, without creating an economic

24  disincentive for any entity?

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

26  recruiting companies operating in the energy fields to

27  relocate to this state?

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

29  funding or assist in obtaining funding for research or for

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

31  development of energy technologies?

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 1         6.  What state entities should be involved in these

 2  functions?

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

 4  choices on tourism, agriculture, small businesses, and

 5  industry in the state?

 6         (9)  The commission shall develop policy

 7  recommendations concerning the following issues relating to

 8  motor vehicle fuels:

 9         (a)  With respect to fossil fuels:

10         1.  What are the projections for the availability and

11  cost of motor vehicle fossil fuel?

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

13  availability of motor vehicle fossil fuels in this state

14  during normal circumstances and during hurricanes or other

15  emergencies?

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

17  delivery of fuel into the state?

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

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

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

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

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

23  pipelines?

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

25  security of and access to in-state supplies?

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

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

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

29  ameliorate shortages and price increases?

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

31  motor vehicles:

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

 2  use of alternative fuels?

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

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

 5         3.  What facilities for fuel distribution and sales

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

 7  encourage the development of these facilities?

 8         4.  What effect would these alternatives have on the

 9  recovery from hurricanes or other emergencies?

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

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

12  efficient in its use of fuels?

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

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

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

16  deployment of alternative fuels:

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

18  in-state research, both public and private?

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

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

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

22  deployment of alternative fuels, without creating any

23  disincentive for any entity?

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

25  encourage companies working with alternative fuels to locate

26  in this state?

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

28  funding or assist in obtaining funding for universities, state

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

30  research and development of energy technologies relating to

31  motor vehicles?

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 1         5.  What state entities should be involved in these

 2  functions?

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

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

 5  in the state?

 6         (10)(a)  The commission shall, by December 31, 2006,

 7  submit a report to the Governor, the Cabinet, the President of

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

 9  which recommends consensus-based public-involvement processes

10  to reduce greenhouse gas emissions in this state and to make

11  such reductions and related economic, energy, and

12  environmental co-benefits a state priority.

13         (b)  The report must include recommended steps and a

14  schedule for the development of a comprehensive state climate

15  action plan with statewide greenhouse-gas-reduction goals and

16  a range of specific policy options for all economic sectors to

17  be developed through a public-involvement process, including

18  transportation and land use; power generation; residential,

19  commercial, and industrial activities; waste management;

20  agriculture and forestry; emissions-reporting systems; and

21  public education.

22         (c)  The climate action plan must include:

23         1.  Recommendations for the development of an annual

24  greenhouse-gas-emissions inventory by the Department of

25  Environmental Protection, recommendations for the development

26  of a current comprehensive inventory of state greenhouse gas

27  emissions since 1990 and a similar forecast of state

28  greenhouse gas emissions from the present to the year 2020 or

29  later.

30         2.  Recommended steps to identify areas where specific

31  greenhouse-gas-reduction policies are feasible; the costs and

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 1  benefits of each recommendation; methods for helping

 2  individuals, institutions, and businesses reduce emissions; an

 3  implementation schedule; and identification of funding

 4  requirements for the development and implementation of

 5  strategies.

 6         3.  Consideration of the feasibility of establishing by

 7  law a greenhouse-gas-reduction target to lower greenhouse gas

 8  emissions in the state below the forecasted levels of

 9  emissions growth in the future at maximum achievable levels.

10         (d)  The commission may appoint technical advisory

11  committees and technical assistance providers to provide

12  recommendations to assist with the intent of this subsection.

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

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

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

16  records, personnel, property, and unexpended balances of

17  appropriations, allocations, and other funds associated with

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

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

20  of Environmental Protection to the Florida Energy Commission.

21         Section 3.  The Florida Public Service Commission shall

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

23  The study shall look at electric system reliability to examine

24  the efficiency and reliability of power transfer and emergency

25  contingency conditions. In addition, the study shall examine

26  the hardening of infrastructure to address issues arising from

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

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

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

30  by March 1, 2007.

31  

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

 2  Legislature finds that advancing the development of renewable

 3  energy technologies and energy efficiency is important for the

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

 5  its residents' health and its environment. The Legislature

 6  finds that the development of renewable energy technologies

 7  and energy efficiency in the state will help to reduce demand

 8  for foreign fuels, promote energy diversity, enhance system

 9  reliability, reduce pollution, educate the public on the

10  promise of renewable energy technologies, and promote economic

11  growth. The Legislature finds that there is a need to assist

12  in the development of market demand that will advance the

13  commercialization and widespread application of renewable

14  energy technologies. The Legislature further finds that the

15  state is ideally positioned to stimulate economic development

16  through such renewable energy technologies due to its ongoing

17  and successful research and development track record in these

18  areas, an abundance of natural and renewable energy sources,

19  an ability to attract significant federal research and

20  development funds, and the need to find and secure renewable

21  energy technologies for the benefit of its residents,

22  visitors, and environment.

23         Section 5.  (1)  The Florida Public Service Commission

24  shall adopt appropriate goals for increasing the use of

25  Florida renewable energy resources. The commission may change

26  the goals for reasonable cause; however, the time period to

27  review and reset the goals may not exceed 5 years.

28         (2)  As used in section, the term "Florida renewable

29  energy resources" means renewable resources as defined in s.

30  366.91(2)(b), Florida Statutes, which are produced in Florida.

31  

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 1         (3)  In addition to the avoided cost payments

 2  authorized in s. 366.91, Florida Statutes, and in order to

 3  promote the production of energy from Florida renewable energy

 4  resources, the commission may approve bilateral contracts

 5  providing for contract payments to producers of such energy in

 6  an amount equal to 50 percent above the utility's full avoided

 7  costs as defined in s. 366.051, Florida Statutes.

 8         (4)  A credit against the tax imposed by chapter 220,

 9  Florida Statutes, shall be granted to the utility in an amount

10  equal to the annual cost of contract payments to Florida

11  renewable energy resources which are in excess of the

12  utility's full avoided cost. If the credit is not fully used

13  in any one tax year because of insufficient tax liability on

14  the part of the utility, the unused amount may be used as a

15  credit against the tax liability pursuant to chapter 212,

16  Florida Statutes, or carried forward until it is used against

17  an existing liability under chapter 220 or chapter 212,

18  Florida Statutes. A taxpayer that files a consolidated return

19  in this state as a member of an affiliated group under s.

20  220.131(1), Florida Statutes, may be allowed the credit on a

21  consolidated-return basis up to the amount of tax imposed upon

22  the consolidated group. Any eligible cost for which a credit

23  is claimed and which is deducted or otherwise reduces federal

24  taxable income shall be added back in computing adjusted

25  federal income under s. 220.13, Florida Statutes.

26         Section 6.  Section 377.801, Florida Statutes, is

27  created to read:

28         377.801  Short title.--Sections 377.801-377.806 may be

29  cited as the "Florida Renewable Energy Technologies and Energy

30  Efficiency Act."

31  

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 1         Section 7.  Section 377.802, Florida Statutes, is

 2  created to read:

 3         377.802  Purpose.--This act is intended to provide

 4  matching grants to stimulate capital investment in the state

 5  and to enhance the market for and promote the statewide

 6  utilization of renewable energy technologies. The targeted

 7  grants program is designed to advance the already growing

 8  establishment of renewable energy technologies in the state

 9  and encourage the use of other incentives such as tax

10  exemptions and regulatory certainty to attract additional

11  renewable energy technology producers, developers, and users

12  to the state. This act is also intended to provide incentives

13  for energy-efficient appliances and rebates for installations

14  of solar energy equipment in residential and commercial

15  buildings.

16         Section 8.  Section 377.803, Florida Statutes, is

17  created to read:

18         377.803  Definitions.--As used in this act, the term:

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

20  Technologies and Energy Efficiency Act.

21         (2)  "Approved metering equipment" means a device

22  capable of measuring the energy output of a solar thermal

23  system that has been approved by the commission.

24         (3)  "Commission" means the Florida Public Service

25  Commission.

26         (4)  "Department" means the Department of Environmental

27  Protection.

28         (5)  "Energy Star qualified appliance" means a

29  refrigerator, residential model clothes washer including a

30  residential style coin operated clothes washer, or dishwasher

31  that has been designated by the United States Environmental

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 1  Protection Agency and the United States Department of Energy

 2  as meeting or exceeding the energy saving efficiency

 3  requirements under each agency's Energy Star program.

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

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

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

 7         (7)  "Renewable energy" means electrical, mechanical,

 8  or thermal energy produced from a method that uses one or more

 9  of the following fuels or energy sources: hydrogen, biomass,

10  solar energy, geothermal energy, wind energy, ocean energy,

11  waste heat, and hydroelectric power.

12         (8)  "Renewable energy technology" means any technology

13  that generates or utilizes a renewable energy resource.

14         (9)  "Solar energy system" means equipment that

15  provides for the collection and use of incident solar energy

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

17  applications that normally require a conventional source of

18  energy such as petroleum products, natural gas, or electricity

19  and that performs primarily with solar energy. In other

20  systems in which solar energy is used in a supplemental way,

21  only those components that collect and transfer solar energy

22  shall be included in this definition.

23         (10)  "Solar photovoltaic system" means a device that

24  converts incident sunlight into electrical current.

25         (11)  "Solar thermal system" means a device that traps

26  heat from incident sunlight in order to heat water.

27         Section 9.  Section 377.804, Florida Statutes, is

28  created to read:

29         377.804  Renewable Energy Technologies Grants

30  Program.--

31  

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 1         (1)  The Renewable Energy Technologies Grants Program

 2  is established within the department to provide renewable

 3  energy matching grants for demonstration, commercialization,

 4  research, and development projects relating to renewable

 5  energy technologies.

 6         (2)  Matching grants for renewable energy technology

 7  demonstration, commercialization, research, and development

 8  projects may be made to any of the following:

 9         (a)  Municipalities and county governments.

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

11  business in the state.

12         (c)  Universities and colleges in the state.

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

14         (e)  Not-for-profit organizations.

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

16  department.

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

18  120.536(1) and 120.54 to provide for application requirements,

19  provide for ranking of applications, and administer the

20  awarding of grants under this program.

21         (4)  Factors the department shall consider in awarding

22  grants include, but are not limited to:

23         (a)  The availability of matching funds or other

24  in-kind contributions applied to the total project from an

25  applicant. The department shall give greater preference to

26  projects that provide such matching funds or other in-kind

27  contributions.

28         (b)  The degree to which the project stimulates

29  in-state capital investment and economic development in

30  metropolitan and rural areas, including the creation of jobs

31  

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 1  and the future development of a commercial market for

 2  renewable energy technologies.

 3         (c)  The extent to which the proposed project has been

 4  demonstrated to be technically feasible based on pilot-project

 5  demonstrations, laboratory testing, scientific modeling, or

 6  engineering or chemical theory that supports the proposal.

 7         (d)  The degree to which the project incorporates an

 8  innovative new technology or an innovative application of an

 9  existing technology.

10         (e)  The degree to which a project generates thermal,

11  mechanical, or electrical energy by means of a renewable

12  energy resource that has substantial long-term production

13  potential.

14         (f)  The degree to which a project demonstrates

15  efficient use of energy and material resources.

16         (g)  The degree to which the project fosters overall

17  understanding and appreciation of renewable energy

18  technologies.

19         (h)  The ability to administer a complete project.

20         (i)  Project duration and timeline for expenditures.

21         (j)  The geographic area in which the project is to be

22  conducted in relation to other projects.

23         (k)  The degree of public visibility and interaction.

24         (5)  The department shall solicit the expertise of

25  other state agencies when evaluating project proposals. State

26  agencies shall cooperate with the Department of Environmental

27  Protection and provide such assistance as requested.

28         Section 10.  Section 377.805, Florida Statutes, is

29  created to read:

30         377.805  Energy Efficient Appliance Rebate Program.--

31  

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 1         (1)  The Energy Efficient Appliance Rebate Program is

 2  established within the department to provide for financial

 3  incentives for the purchase of Energy Star qualified

 4  appliances as specified in this section.

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

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

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

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

 9  Star qualified appliance.

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

11  120.536(1) and 120.54 to designate rebate amounts and

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

13  include separate incentives for low-income families to

14  purchase Energy Star qualified appliances.

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

16  days after the purchase of the Energy Star qualified

17  appliance.

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

19  appliance per year.

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

21  the department is subject to the total amount of

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

23  are insufficient during the current fiscal year, any requests

24  for rebates received during that fiscal year may be processed

25  during the following fiscal year. A request for rebate

26  received in one fiscal year but processed during the following

27  fiscal year shall be given priority over requests for rebates

28  that are applied for during that following fiscal year.

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

30  regular basis the amount of rebate funds remaining in each

31  fiscal year.

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 1         Section 11.  Section 377.806, Florida Statutes, is

 2  created to read:

 3         377.806  Florida Solar Energy Incentives Program.--

 4         (1)  DEFINITIONS.--As used in this section, unless the

 5  context otherwise indicates, the following terms have the

 6  following meanings:

 7         (a)  "Approved metering equipment" means a device

 8  capable of measuring the energy output of a solar thermal

 9  system either in BTU or KWH equivalents that has been approved

10  by the commission.

11         (b)  "Certified" means tested by the Florida Solar

12  Energy Center to verify rated output or thermal performance.

13         (c)  "Commission" means the Florida Public Service

14  Commission.

15         (d)  "Interconnected" means connected to a utility's

16  electrical grid.

17         (e)  "Solar photovoltaic system" means a solar energy

18  system, including devices and related equipment, with a peak

19  generating capacity of 100 kilowatts or less used for

20  generating electricity for use in a residence, a place of

21  business, a publicly owned or operated facility, or a facility

22  owned or operated by a private, not-for-profit organization.

23         (f)  "Solar thermal system" means a solar energy device

24  that provides domestic hot water for use in a residence, a

25  place of business, a publicly owned or operated facility, or a

26  facility owned or operated by a private, not-for-profit

27  organization.

28         (2)  SOLAR ENERGY DEVELOPMENT FUNDING.--The sum of $1.2

29  million in recurring general revenue is appropriated to the

30  Grants and Donations Trust Fund of the Board of Governors each

31  year for 5 years beginning with the 2006-2007 fiscal year and

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 1  continuing through the 2010-2011 fiscal year for the purposes

 2  of supporting the development of a solar energy product market

 3  in the state and implementing this section.

 4         (3)  SOLAR PHOTOVOLTAIC INCENTIVE PROGRAM.--To the

 5  extent that funds are available pursuant to subsection (2), an

 6  owner or tenant of property in this state which is a

 7  residence, a place of business, a publicly owned or operated

 8  facility, or a facility owned or operated by a private,

 9  not-for-profit organization is entitled to a rebate for

10  expenditures made by the owner or tenant for a solar

11  photovoltaic system that is installed in accordance with this

12  subsection after July 1, 2006, and that will be

13  interconnected.

14         (a)  Eligibility requirements.--A solar photovoltaic

15  system qualifies for a rebate if the system:

16         1.  Is installed by a state-licensed master

17  electrician, electrical contractor, or solar contractor.

18         2.  Complies with state interconnection standards as

19  provided by the commission.

20         3.  Complies with all applicable building codes as

21  defined by the local jurisdictional authority.

22         4.  Includes minimum service and warranty contracts.

23         (b)  Rebate amounts.--The initial rebate amount shall

24  be set at $4 per watt and decrease by 50 cents per watt each

25  year for 5 years. If the solar equipment is manufactured

26  within the state, the initial rebate amount shall be set at $5

27  per watt and decrease by 50 cents per watt each year for 5

28  years. In the case of a newly constructed residence, the

29  rebate must be available to the original owner or occupant

30  using the dwelling as his or her principal residence. The

31  

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 1  maximum allowable rebate per solar photovoltaic system

 2  installation shall be as follows:

 3         1.  For a residence, $20,000.

 4         2.  For a place of business, a publicly owned or

 5  operated facility, or a facility owned or operated by a

 6  private, not-for-profit organization, $100,000.

 7         (4)  SOLAR THERMAL INCENTIVE PROGRAM.--To the extent

 8  that funds are available pursuant to subsection (2), an owner

 9  or tenant of property in this state which is a residence, a

10  place of business, a publicly owned or operated facility, or a

11  facility owned or operated by a private, not-for-profit

12  organization is entitled to a rebate for expenditures made by

13  the owner or tenant for a solar thermal system that is

14  installed in accordance with this subsection after July 1,

15  2006.

16         (a)  Eligibility requirements.--A solar thermal system

17  qualifies for a rebate if the system:

18         1.  Is installed by a state-licensed solar or plumbing

19  contractor.

20         2.  Complies with all applicable building codes as

21  defined by the local jurisdictional authority.

22         3.  Includes minimum service and warranty contracts.

23         (b)  Rebate amounts.--Authorized rebates for

24  installation of solar thermal systems shall be as follows:

25         1.  For a residence, the rebate amount is $300. If the

26  solar collector is manufactured within the state, the rebate

27  amount is $500.

28         2.  For a place of business, a publicly owned or

29  operated facility, or a facility owned or operated by a

30  private, not-for-profit organization, the rebate amount is $15

31  per 1,000 BTU as certified by the Florida Solar Energy Center.

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 1  The maximum rebate amount is $5,000. An approved metering

 2  system is required.

 3         (5)  RULES.--The commission shall adopt rules pursuant

 4  to ss. 120.536(1) and 120.54 necessary to administer this

 5  section, including amending current interconnection standards

 6  for solar energy systems up to 100 kilowatts and providing for

 7  net metering of solar energy systems up to 100 kilowatts in

 8  accordance with current standards for solar energy systems of

 9  the Institute of Electrical and Electronics Engineers, Inc.

10         (6)  PERFORMANCE CERTIFICATION.--The Florida Solar

11  Energy Center shall certify the performance of solar equipment

12  sold and installed in the state in accordance with this

13  section and s. 377.705.

14         Section 12.  Paragraph (ccc) is added to subsection (7)

15  of section 212.08, Florida Statutes, to read:

16         212.08  Sales, rental, use, consumption, distribution,

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

18  the rental, the use, the consumption, the distribution, and

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

20  following are hereby specifically exempt from the tax imposed

21  by this chapter.

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

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

24  that is otherwise taxable under this chapter when payment is

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

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

27  card, even when that representative or employee is

28  subsequently reimbursed by the entity. In addition, exemptions

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

30  transaction that is otherwise taxable under this chapter

31  unless the entity has obtained a sales tax exemption

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 1  certificate from the department or the entity obtains or

 2  provides other documentation as required by the department.

 3  Eligible purchases or leases made with such a certificate must

 4  be in strict compliance with this subsection and departmental

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

 6  certificate that is not in strict compliance with this

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

 8  The department may adopt rules to administer this subsection.

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

10  renewable energy technologies.--

11         1.  As used in this paragraph, the term:

12         a.  "Biodiesel" means the mono-alkyl esters of

13  long-chain fatty acids derived from plant or animal matter for

14  use as a source of energy and meeting the specifications for

15  biodiesel and biodiesel blends with petroleum products as

16  adopted by the Department of Agriculture and Consumer

17  Services. Biodiesel may refer to biodiesel blends designated

18  BXX, where XX represents the volume percentage of biodiesel

19  fuel in the blend.

20         b.  "Ethanol" means nominally anhydrous denatured

21  alcohol produced by the fermentation of plant sugars and

22  meeting the specifications for fuel ethanol and fuel ethanol

23  blends with petroleum products as adopted by the Department of

24  Agriculture and Consumer Services. Ethanol may refer to fuel

25  ethanol blends designated EXX, where XX represents the volume

26  percentage of fuel ethanol in the blend.

27         c.  "Hydrogen fuel cells" means equipment using

28  hydrogen or a hydrogen-rich fuel in an electrochemical process

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

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

31  tax imposed by this chapter:

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 1         a.  Hydrogen-powered vehicles, materials incorporated

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

 3  up to $2 million in tax each state fiscal year.

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

 5  million in tax each state fiscal year.

 6         c.  Materials used in the distribution of biodiesel

 7  (B10-B100) and ethanol (E10-E100), including fueling

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

 9  in tax each state fiscal year. The costs of retrofitting a

10  gasoline fueling station pump for ethanol (E10-E100)

11  distribution qualifies for the exemption provided by this

12  subsection.

13         3.  The Department of Environmental Protection shall

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

15  exemption.

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

17  through a refund of previously paid taxes.

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

19  purchaser shall file an application with the Department of

20  Environmental Protection. The application shall be developed

21  by the Department of Environmental Protection, in consultation

22  with the department, and shall require:

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

24  refund.

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

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

27  number or other permanent identification number.

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

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

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

31  property was purchased.

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 1         (IV)  A sworn statement that the information provided

 2  is accurate.

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

 4  Department of Environmental Protection shall review the

 5  application and shall notify the applicant of any

 6  deficiencies. Upon receipt of a completed application, the

 7  Department of Environmental Protection shall evaluate the

 8  application for exemption and issue a written certification

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

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

11  Environmental Protection shall provide the department with a

12  copy of each certification issued upon approval of an

13  application.

14         d.  Each certified applicant shall be responsible for

15  forwarding a certified copy of the application and copies of

16  all required documentation to the department within 6 months

17  after certification by the Department of Environmental

18  Protection.

19         e.  The provisions of s. 212.095 do not apply to any

20  refund application made pursuant to this paragraph. A refund

21  approved pursuant to this paragraph shall be made within 30

22  days after formal approval by the department.

23         f.  The department shall adopt rules governing the

24  manner and form of refund applications and may establish

25  guidelines as to the requisites for an affirmative showing of

26  qualification for exemption under this paragraph.

27         g.  The Department of Environmental Protection shall be

28  responsible for ensuring that the exemptions do not exceed the

29  limits provided in subparagraph 2.

30  

31  

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 1         5.  The Department of Environmental Protection shall

 2  determine and publish on a regular basis the amount of sales

 3  tax funds remaining in each fiscal year.

 4         6.  This exemption is repealed July 1, 2010.

 5         Section 13.  Paragraph (y) is added to subsection (7)

 6  of section 213.053, Florida Statutes, to read:

 7         213.053  Confidentiality and information sharing.--

 8         (7)  Notwithstanding any other provision of this

 9  section, the department may provide:

10         (y)  Information relative to ss. 212.08(7)(ccc) and

11  220.192 to the Department of Environmental Protection for use

12  in the conduct of its official business.

13  

14  Disclosure of information under this subsection shall be

15  pursuant to a written agreement between the executive director

16  and the agency. Such agencies, governmental or

17  nongovernmental, shall be bound by the same requirements of

18  confidentiality as the Department of Revenue. Breach of

19  confidentiality is a misdemeanor of the first degree,

20  punishable as provided by s. 775.082 or s. 775.083.

21         Section 14.  Subsection (8) of section 220.02, Florida

22  Statutes, is amended to read:

23         220.02  Legislative intent.--

24         (8)  It is the intent of the Legislature that credits

25  against either the corporate income tax or the franchise tax

26  be applied in the following order: those enumerated in s.

27  631.828, those enumerated in s. 220.191, those enumerated in

28  s. 220.181, those enumerated in s. 220.183, those enumerated

29  in s. 220.182, those enumerated in s. 220.1895, those

30  enumerated in s. 221.02, those enumerated in s. 220.184, those

31  enumerated in s. 220.186, those enumerated in s. 220.1845,

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 1  those enumerated in s. 220.19, those enumerated in s. 220.185,

 2  and those enumerated in s. 220.187, and those enumerated in

 3  ss. 220.192 and 220.193.

 4         Section 15.  Section 220.192, Florida Statutes, is

 5  created to read:

 6         220.192  Renewable energy technologies investment tax

 7  credit.--

 8         (1)  DEFINITIONS.--For purposes of this section, the

 9  term:

10         (a)  "Biodiesel" means biodiesel as defined in s.

11  212.08(7)(ccc).

12         (b)  "Eligible costs" means:

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

14  operation and maintenance costs, and research and development

15  costs incurred between July 1, 2006, and June 30, 2010, up to

16  $3 million per state fiscal year for all taxpayers, in

17  connection with an investment in hydrogen powered vehicles and

18  hydrogen vehicle fueling stations in the state, including, but

19  not limited to, the costs of constructing, installing, and

20  equipping such technologies in the state.

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

22  operation and maintenance costs, and research and development

23  costs incurred between July 1, 2006, and June 30, 2010, up to

24  a limit of $1.5 million per state fiscal year for all

25  taxpayers, and limited to a maximum of $12,000 per fuel cell,

26  in connection with an investment in commercial stationary

27  hydrogen fuel cells in the state, including, but not limited

28  to, the costs of constructing, installing, and equipping such

29  technologies in the state.

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

31  operation and maintenance costs, and research and development

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 1  costs incurred between July 1, 2006, and June 30, 2010, up to

 2  a limit of $6.5 million per state fiscal year for all

 3  taxpayers, in connection with an investment in the production,

 4  storage, and distribution of biodiesel (B10-B100) and ethanol

 5  (E10-E100) in the state, including, but not limited to, the

 6  costs of constructing, installing, and equipping such

 7  technologies in the state. The costs of retrofitting a

 8  gasoline fueling station pump for ethanol (E10-E100)

 9  distribution qualifies as an eligible cost under this

10  subsection.

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

12  212.08(7)(ccc).

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

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

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

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

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

18  costs. Credits may be used in tax years beginning January 1,

19  2007, through December 31, 2010, after which the credit shall

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

21  because of insufficient tax liability on the part of the

22  corporation, the unused amount may be carried forward and used

23  in tax years beginning January 1, 2007, through December 31,

24  2012, after which the credit carryover expires and may not be

25  used. A taxpayer that files a consolidated return in this

26  state as a member of an affiliated group under s. 220.131(1)

27  may be allowed the credit on a consolidated return basis up to

28  the amount of tax imposed upon the consolidated group. Any

29  eligible cost for which a credit is claimed and which is

30  deducted or otherwise reduces federal taxable income shall be

31  

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 1  added back in computing adjusted federal income under s.

 2  220.13.

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

 4  obtain tax credits available under this section must submit to

 5  the Department of Environmental Protection an application for

 6  tax credit that includes a complete description of all

 7  eligible costs for which the corporation is seeking a credit

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

 9  Department of Environmental Protection shall make a

10  determination on the eligibility of the applicant for the

11  credits sought and certify the determination to the applicant

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

13  Department of Environmental Protection's certification to the

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

15  Environmental Protection shall ensure that the corporate

16  income tax credits granted in each fiscal year do not exceed

17  the tax credit limits set forth in this section. The

18  Department of Environmental Protection is authorized to adopt

19  the necessary rules, guidelines, and application materials for

20  the application process.

21         (4)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF

22  CREDITS.--

23         (a)  In addition to its existing audit and

24  investigation authority, the Department of Revenue may perform

25  any additional financial and technical audits and

26  investigations, including examining the accounts, books, and

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

28  verify the eligible costs included in the tax credit return

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

30  Environmental Protection shall provide technical assistance

31  

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 1  when requested by the Department of Revenue on any technical

 2  audits or examinations performed pursuant to this section.

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

 4  and received tax credits if the Department of Revenue

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

 6  from information received from the Department of Environmental

 7  Protection, that a taxpayer received tax credits pursuant to

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

 9  taxpayer is responsible for returning forfeited tax credits to

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

11  the General Revenue Fund of the state.

12         (c)  The Department of Environmental Protection may

13  revoke or modify any written decision granting eligibility for

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

15  tax credit applicant submitted any false statement,

16  representation, or certification in any application, record,

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

18  tax credits under this section. The Department of

19  Environmental Protection shall immediately notify the

20  Department of Revenue of any revoked or modified orders

21  affecting previously granted tax credits. Additionally, the

22  taxpayer must notify the Department of Revenue of any change

23  in its tax credit claimed.

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

25  Revenue an amended return or such other report as the

26  Department of Revenue prescribes by rule and shall pay any

27  required tax and interest within 60 days after the taxpayer

28  receives notification from the Department of Environmental

29  Protection that previously approved tax credits have been

30  revoked or modified. If the revocation or modification order

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

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 1  paragraph within 60 days after a final order is issued

 2  following proceedings.

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

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

 5  taxpayer receives formal notification from the Department of

 6  Environmental Protection that previously approved tax credits

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

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

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

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

11  authority to adopt rules relating to the forms required to

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

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

14  examination and audit procedures required to administer this

15  section.

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

17  Protection shall determine and publish on a regular basis the

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

19         Section 16.  Section 220.193, Florida Statutes, is

20  created to read:

21         220.193  Renewable energy production credit.--

22         (1)  The purpose of this section is to promote the

23  development of renewable energy in Florida.

24         (2)  As used in this section, the term:

25         (a)  "Commission" means the Florida Public Service

26  Commission.

27         (b)  "Florida renewable energy resources" means

28  renewable resources as defined in s. 366.91(2)(b) which are

29  produced in Florida.

30         (c)  "Renewable energy credit" means the tax credit

31  described in s. 366.92.

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 1         (3)  The department may adopt rules necessary to

 2  administer this section, including rules prescribing forms,

 3  the documentation needed to substantiate a claim for the tax

 4  credit, and the specific procedures and guidelines for

 5  claiming the credit.

 6         Section 17.  Section 212.099, Florida Statutes, is

 7  created to read:

 8         212.099  Renewable energy production credit.--

 9         (1)  The purpose of this section is to promote the

10  development of renewable energy in Florida.

11         (2)  As used in this section, the term:

12         (a)  "Commission" means the Florida Public Service

13  Commission.

14         (b)  "Florida renewable energy resources" means

15  renewable resources as defined in s. 366.91(2)(b) which are

16  produced in Florida.

17         (c)  "Renewable energy credit" means the tax credit

18  described in s. 366.92.

19         (3)  The department may adopt rules necessary to

20  administer this section, including rules prescribing forms,

21  the documentation needed to substantiate a claim for the tax

22  credit, and the specific procedures and guidelines for

23  claiming the credit.

24         Section 18.  Section 220.194, Florida Statutes, is

25  created to read:

26         Section 220.194, Renewable energy production credit.--

27         (1)  The purpose of this section is to encourage the

28  generation of renewable energy in this state.

29         (2)  As used in this section, the term:

30         (a)  "Commission" means the Florida Public Service

31  Commission.

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 1         (b)  "Renewable Florida energy" means renewable energy

 2  that is produced or generated in Florida.

 3         (c)  "Affected utility" means each public utility, as

 4  defined in s. 366.02(1), and each municipal electric utility

 5  and rural electric cooperative subject to the provisions of s.

 6  366.91(4).

 7         (d)  "Renewable energy project or contract" means

 8  approval by the commission of a project or contract for the

 9  production or purchase of renewable Florida energy, which

10  approval shall specify the number of megawatts estimated to be

11  sold each year of the contract, the renewable energy cost for

12  the renewable Florida energy to be delivered pursuant to the

13  contract, and the benchmark energy cost that is in effect as

14  of the date of approval of the renewable energy project or

15  contract.

16         (e)  "Approved renewable energy project or contract"

17  means a project or contract for the production or purchase of

18  renewable Florida energy which has been approved by the

19  commission for purposes of being entitled to the tax credit

20  provided by s. 220.192(2).

21         (f)  "Renewable energy cost" means the cost incurred by

22  an affected utility in producing or purchasing the renewable

23  Florida energy that it delivers to its customers, expressed on

24  a per-megawatt-hour basis, as specified in an approved

25  renewable energy project or contract.

26         (g)  "Benchmark energy cost" means a rate set by the

27  commission equal to the cost of producing electricity from a

28  new base load, coal-fired power plant located in Florida or,

29  if the commission determines it is more appropriate, the cost

30  of producing electricity from a new nuclear power plant

31  

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 1  located in Florida, together in each event with all relevant

 2  costs of transmission, expressed on a per-megawatt-hour basis.

 3         (3)  A credit against the tax imposed by this chapter

 4  shall be allowed to an affected utility with respect to sales

 5  of renewable Florida energy pursuant to an approved renewable

 6  energy project or contract. The credit shall be in an amount

 7  equal to the lessor of:

 8         (a)  Five dollars for each megawatt hour of renewable

 9  Florida energy that the affected utility actually delivers to

10  its customers pursuant to an approved renewable energy project

11  or contract during such tax year; or

12         (b)  Fifty percent of the excess, if any, of the

13  renewable Florida energy cost, over the benchmark energy cost,

14  for each megawatt hour of renewable Florida energy that the

15  affected utility actually delivers to its customers pursuant

16  to an approved renewable energy project or contract during

17  such tax year.

18         (4)  If the credit granted pursuant to this section is

19  not fully used in any one year because of insufficient tax

20  liability on the part of the taxpayer, the unused amount may

21  be carried forward for a period not to exceed 5 years. The

22  carryover credit may be used in a subsequent year when the tax

23  imposed by this chapter for such year exceeds the credit for

24  such year under this section after applying the other credits

25  and unused credit carryovers in the order provided in s.

26  220.02(8).

27         (5)  Any renewable energy project or contract approval

28  shall be a public record. The department shall be provided

29  with a copy of each renewable energy project or contract

30  approval granted by the commission.

31  

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 1         (6)  The department may adopt rules necessary to

 2  administer this section, including rules prescribing forms,

 3  the documentation needed to substantiate a claim for the

 4  credit, and the specific procedures and guidelines for

 5  claiming the credit.

 6         Section 19.  Paragraph (a) of subsection (1) of section

 7  220.13, Florida Statutes, is amended to read:

 8         220.13  "Adjusted federal income" defined.--

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

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

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

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

13  adjusted as follows:

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

15  income:

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

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

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

19  state of the United States which is deductible from gross

20  income in the computation of taxable income for the taxable

21  year.

22         2.  The amount of interest which is excluded from

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

24  any other federal law, less the associated expenses disallowed

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

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

27  of any amounts included in alternative minimum taxable income,

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

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

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

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

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

 2  amount of the capital gain dividends attributable to the

 3  taxable year.

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

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

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

 7  The provisions of this subparagraph shall expire and be void

 8  on June 30, 2005.

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

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

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

12  The provisions of this subparagraph shall expire and be void

13  on June 30, 2005.

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

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

16  deductible from gross income in the computation of taxable

17  income for the taxable year.

18         7.  That portion of assessments to fund a guaranty

19  association incurred for the taxable year which is equal to

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

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

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

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

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

25  over the attributable expenses for the taxable year.

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

27  under s. 220.1895.

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

29  designated project which is equal to the credit allowable for

30  the taxable year under s. 220.185.

31  

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

 2  under s. 220.187.

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

 4  under s. 220.192.

 5         Section 20.  Subsection (2) of section 186.801, Florida

 6  Statutes, is amended to read:

 7         186.801  Ten-year site plans.--

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

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

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

11  commission may suggest alternatives to the plan. All findings

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

13  Environmental Protection for its consideration at any

14  subsequent electrical power plant site certification

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

16  submitted by an electric utility are tentative information for

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

18  discretion of the utility upon written notification to the

19  commission. A complete application for certification of an

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

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

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

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

24  commission shall consider such plan as a planning document and

25  shall review:

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

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

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

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

30  proposed electrical power plant site.

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

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

 2  federal agencies, including the views of the appropriate water

 3  management district as to the availability of water and its

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

 5  water or fresh water for cooling purposes.

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

 7  the state comprehensive plan.

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

 9  state on energy availability and consumption.

10         Section 21.  Subsection (6) of section 366.04, Florida

11  Statutes, is amended to read:

12         366.04  Jurisdiction of commission.--

13         (6)  The commission shall further have exclusive

14  jurisdiction to prescribe and enforce safety standards for

15  transmission and distribution facilities of all public

16  electric utilities, cooperatives organized under the Rural

17  Electric Cooperative Law, and electric utilities owned and

18  operated by municipalities. In adopting safety standards, the

19  commission shall, at a minimum:

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

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

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

23  National Electrical Safety Code (ANSI C2).

24  

25  The standards prescribed by the current 1984 edition of the

26  National Electrical Safety Code (ANSI C2) shall constitute

27  acceptable and adequate requirements for the protection of the

28  safety of the public, and compliance with the minimum

29  requirements of that code shall constitute good engineering

30  practice by the utilities. The administrative authority

31  referred to in the 1984 edition of the National Electrical

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

 2  be construed as superseding, repealing, or amending the

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

 4         Section 22.  Subsections (1) and (8) of section 366.05,

 5  Florida Statutes, are amended to read:

 6         366.05  Powers.--

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

 8  commission shall have power to prescribe fair and reasonable

 9  rates and charges, classifications, standards of quality and

10  measurements, including the ability to adopt construction

11  standards that exceed the National Electrical Safety Code, for

12  purposes of ensuring the reliable provision of service and

13  service rules and regulations to be observed by each public

14  utility; to require repairs, improvements, additions,

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

16  public utility when reasonably necessary to promote the

17  convenience and welfare of the public and secure adequate

18  service or facilities for those reasonably entitled thereto;

19  to employ and fix the compensation for such examiners and

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

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

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

23  enforce the provisions of this chapter.

24         (8)  If the commission determines that there is

25  probable cause to believe that inadequacies exist with respect

26  to the energy grids developed by the electric utility

27  industry, including inadequacies in fuel diversity or fuel

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

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

30  will accrue to the electric utilities involved, to require

31  installation or repair of necessary facilities, including

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 1  generating plants and transmission facilities, with the costs

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

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

 4  utilities involved in any action taken or orders issued

 5  pursuant to this subsection shall have full power and

 6  authority, notwithstanding any general or special laws to the

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

 8  generating and transmission facilities and shall be further

 9  authorized to exercise the powers granted to corporations in

10  chapter 361. This subsection shall not supersede or control

11  any provision of the Florida Electrical Power Plant Siting

12  Act, ss. 403.501-403.518.

13         Section 23.  Subsections (5), (8), (9), (12), (18),

14  (24), and (27) of section 403.503, Florida Statutes, are

15  amended, subsections (16) through (28) are renumbered as (17)

16  through (29), respectively, and new subsection (16) is added

17  to that section, to read:

18         403.503  Definitions relating to Florida Electrical

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

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

21  department to be filed to initiate a certification review and

22  evaluation, including the initial document filing, amendments,

23  and responses to requests from the department for additional

24  data and information proceeding and shall include the

25  documents necessary for the department to render a decision on

26  any permit required pursuant to any federally delegated or

27  approved permit program.

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

29  addressed all applicable sections of the prescribed

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

31  are sufficient in comprehensiveness of data or in quality of

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 1  information provided to allow the department to determine

 2  whether the application provides the reviewing agencies

 3  adequate information to prepare the reports required by s.

 4  403.507.

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

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

 7  width of the corridor proposed for certification as an

 8  associated facility, at the option of the applicant, may be

 9  the width of the right-of-way or a wider boundary, not to

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

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

12  by a condition of certification. After all property interests

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

14  applicant, the boundaries of the area certified shall narrow

15  to only that land within the boundaries of the right-of-way.

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

17  of certification, any steam or solar electrical generating

18  facility using any process or fuel, including nuclear

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

20  solar electric generating facility of less than 75 megawatts

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

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

23  associated facilities to be owned by the licensee which

24  directly support the construction and operation of the

25  electrical power plant such as fuel unloading facilities,

26  pipelines necessary for transporting fuel for the operation of

27  the facility or other fuel transportation facilities, water or

28  wastewater transport pipelines, construction, maintenance and

29  access roads, railway lines necessary for transport of

30  construction equipment or fuel for the operation of the

31  facility, and those associated transmission lines owned by the

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 1  licensee which connect the electrical power plant to an

 2  existing transmission network or rights-of-way to which the

 3  applicant intends to connect, except that this term does not

 4  include any steam or solar electrical generating facility of

 5  less than 75 megawatts in capacity unless the applicant for

 6  such a facility elects to apply for certification under this

 7  act. Associated facilities An associated transmission line may

 8  include, at the applicant's option, offsite associated

 9  facilities that will not be owned by the applicant and any

10  proposed terminal or intermediate substations or substation

11  expansions connected to the associated transmission line.

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

13  certification order for the subject project.

14         (19)(18)  "Nonprocedural requirements of agencies"

15  means any agency's regulatory requirements established by

16  statute, rule, ordinance, zoning ordinance, land development

17  code, or comprehensive plan, excluding any provisions

18  prescribing forms, fees, procedures, or time limits for the

19  review or processing of information submitted to demonstrate

20  compliance with such regulatory requirements.

21         (25)(24)  "Right-of-way" means land necessary for the

22  construction and maintenance of a connected associated linear

23  facility, such as a railroad line, pipeline, or transmission

24  line as owned by or proposed to be certified by the applicant.

25  The typical width of the right-of-way shall be identified in

26  the application.  The right-of-way shall be located within the

27  certified corridor and shall be identified by the applicant

28  subsequent to certification in documents filed with the

29  department prior to construction.

30         (28)(27)  "Ultimate site capacity" means the maximum

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

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

 2  but that all sections are sufficient in the comprehensiveness

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

 4  department to determine whether the application provides the

 5  reviewing agencies adequate information to prepare the reports

 6  required by s. 403.507.

 7         Section 24.  Subsections (1), (7), (9), and (10) of

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

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

10  section, to read:

11         403.504  Department of Environmental Protection; powers

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

13  following powers and duties in relation to this act:

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

15  120.54 to implement the provisions of this act, including

16  rules setting forth environmental precautions to be followed

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

18  electrical power plants.

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

20  analysis under s. 403.507.

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

22  administrative law judge's order relinquishing jurisdiction

23  pursuant to s. 403.508(6).

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

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

26  of the certification order and supporting documents and

27  records for the life of the facility.

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

29  for facilities licensed under this act.

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

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

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

 2  certification, any license required pursuant to any federally

 3  delegated or approved permit program.

 4         Section 25.  Section 403.5055, Florida Statutes, is

 5  amended to read:

 6         403.5055  Application for permits pursuant to s.

 7  403.0885.--In processing applications for permits pursuant to

 8  s. 403.0885 that are associated with applications for

 9  electrical power plant certification:

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

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

12  public hearings, shall be closely coordinated with the

13  certification process established under this part. In the

14  event of a conflict between the certification process and

15  federally required procedures for NPDES permit issuance, the

16  applicable federal requirements shall control.

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

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

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

20  within 130 days after the submittal of a complete application

21  be publicly noticed and transmitted to the United States

22  Environmental Protection Agency for its review pursuant to 33

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

24         (2)(3)  If available at the time the department issues

25  its project analysis under s. 403.507(3), the department shall

26  include in its written project analysis pursuant to s.

27  403.507(3) copies of the department's proposed action pursuant

28  to 40 C.F.R. s. 124.6 on any application for a NPDES permit;

29  any corresponding comments received from the United States

30  Environmental Protection Agency, the applicant, or the general

31  public; and the department's response to those comments.

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 1         (3)(4)  The department shall not issue or deny the

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

 3  the electric power plant certification under this part unless

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

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

 6  403.0885, shall be conducted in conjunction with the

 7  certification hearing held pursuant to this act. The

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

 9  record and recommended order of the certification hearing, if

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

11  certification hearing, and of any other proceeding held in

12  connection with the application for an NPDES permit, timely

13  public comments received with respect to the application, and

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

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

16  by the siting board regarding the certification order if

17  federal laws and regulations require different action to be

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

19  amended, and implementing regulations. Nothing in this part

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

21  the final permitting entity under the federally approved state

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

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

24  conform to the requirements of the federally approved state

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

26  more than 5 years.

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

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

29  siting board regarding the certification order if federal laws

30  and regulations require different action to be taken to ensure

31  

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

 2  implementing regulations.

 3         Section 26.  Section 403.506, Florida Statutes, is

 4  amended to read:

 5         403.506  Applicability, thresholds, and

 6  certification.--

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

 8  electrical power plant as defined herein, except that the

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

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

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

12  associated transmission line unless the applicant has elected

13  to apply for certification of such plant or substation under

14  this act. The provisions of this act do not apply to any unit

15  capacity extension of 35 megawatts or less of an existing

16  exothermic reactor cogeneration unit that was exempt from this

17  act when the unit was originally built. However, this

18  exemption does not apply if the unit uses oil or natural gas

19  for purposes other than to start the unit. No construction of

20  any new electrical power plant or expansion in steam

21  generating capacity as measured by an increase in the maximum

22  electrical generator rating of any existing electrical power

23  plant may be undertaken after October 1, 1973, without first

24  obtaining certification in the manner as herein provided,

25  except that this act shall not apply to any such  electrical

26  power plant which is presently operating or under construction

27  or which has, upon the effective date of chapter 73-33, Laws

28  of Florida, applied for a permit or certification under

29  requirements in force prior to 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 electrical generator rating operating capacity of

 5  the existing generator shall not constitute an alteration or

 6  addition to generating capacity which requires certification

 7  pursuant to this act.

 8         (3)  The application for any related department license

 9  which is required pursuant to any federally delegated or

10  approved permit program shall be processed within the time

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

12  120.60. However, permits issued pursuant to s. 403.0885 shall

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

14         Section 27.  Section 403.5064, Florida Statutes, is

15  amended to read:

16         403.5064  Application Distribution of application;

17  schedules.--

18         (1)  The formal date of certification application

19  filing and commencement of the certification review process

20  shall be when the applicant submits:

21         (a)  Copies of the certification application in a

22  quantity and format as prescribed by rule to the department

23  and other agencies identified in s. 403.507(2)(a).

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

25  the department.

26         (2)(1)  Within 7 days after the filing of an

27  application, the department shall provide to the applicant and

28  the Division of Administrative Hearings the names and

29  addresses of any additional those affected or other agencies

30  or persons entitled to notice and copies of the application

31  and any amendments. Copies of the application shall be

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 1  distributed within 5 days by the applicant to those additional

 2  agencies. This distribution may not be the basis for altering

 3  the schedule of dates for the certification process.

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

 5  certification shall be disposed of as part of the original

 6  certification proceeding. Amendment of the application may be

 7  considered good cause for alteration of time limits pursuant

 8  to s. 403.5095.

 9         (4)(2)  Within 7 days after the application filing

10  completeness has been determined, the department shall prepare

11  a proposed schedule of dates for determination of

12  completeness, submission of statements of issues,

13  determination of sufficiency, and submittal of final reports,

14  from affected and other agencies and other significant dates

15  to be followed during the certification process, including

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

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

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

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

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

21  schedule, the administrative law judge shall issue an order

22  establishing a schedule for the matters addressed in the

23  department's proposed schedule and other appropriate matters,

24  if any.

25         (5)(3)  Within 7 days after completeness has been

26  determined, the applicant shall distribute copies of the

27  application to all agencies identified by the department

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

29  to the application shall be timely distributed by the

30  applicant to all affected agencies and parties who have

31  received a copy of the application.

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

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

 3         Section 28.  Section 403.5065, Florida Statutes, is

 4  amended to read:

 5         403.5065  Appointment of administrative law judge,

 6  powers and duties.--

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

 8  whether complete or not, the department shall request the

 9  Division of Administrative Hearings to designate an

10  administrative law judge to conduct the hearings required by

11  this act. The division director shall designate an

12  administrative law judge within 7 days after receipt of the

13  request from the department. In designating an administrative

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

15  whenever practicable, assign an administrative law judge who

16  has had prior experience or training in electrical power plant

17  site certification proceedings. Upon being advised that an

18  administrative law judge has been appointed, the department

19  shall immediately file a copy of the application and all

20  supporting documents with the designated administrative law

21  judge, who shall docket the application.

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

23  and duties granted to administrative law judges by chapter 120

24  and by the laws and rules of the department.

25         Section 29.  Section 403.5066, Florida Statutes, is

26  amended to read:

27         403.5066  Determination of completeness.--

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

29  the affected agencies shall file a statement with the

30  department containing each agency's recommendations on the

31  completeness of the application.

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

 2  application, the department shall file a statement with the

 3  Division of Administrative Hearings, and with the applicant,

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

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

 6  department's statement shall be based upon consultation with

 7  the affected agencies.

 8         (2)(1)  If the department declares the application to

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

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

11  Division of Administrative Hearings, and with the department,

12  and all parties a statement:

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

14  department and withdrawing the application;

15         (b)  A statement agreeing to supply the additional

16  information necessary to make the application complete. Such

17  additional information shall be provided within 30 days after

18  issuance of the department's statement concerning the

19  completeness of the application. The time schedules under this

20  act may not be tolled if the applicant makes the application

21  complete within 30 days after issuance of the department's

22  statement concerning the completeness of the application. A

23  subsequent finding by the department that the application

24  remains incomplete based upon additional information submitted

25  by the applicant, or based on the failure of the applicant to

26  timely submit the additional information, tolls the time

27  schedules under this act until the application is determined

28  complete; Agreeing with the statement of the department and

29  agreeing to amend the application without withdrawing it. The

30  time schedules referencing a complete application under this

31  

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 1  act shall not commence until the application is determined

 2  complete; or

 3         (c)  A statement contesting the department's

 4  determination of incompleteness; or contesting the statement

 5  of the department.

 6         (d)  A statement agreeing with the department and

 7  requesting additional time beyond 30 days to provide the

 8  information necessary to make the application complete. If the

 9  applicant exercises this option, the time schedules under this

10  act are tolled until the application is determined complete.

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

12  by the department that an application is incomplete, the

13  administrative law judge shall schedule a hearing on the

14  statement of completeness. The hearing shall be held as

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

16  the filing of the statement by the department. The

17  administrative law judge shall render a decision within 7 10

18  days after the hearing.

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

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

21  that has jurisdiction over the matter in dispute.

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

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

24  withdraw the application or make such additional submittals as

25  necessary to complete it. The time schedules referencing a

26  complete application under this act shall not commence until

27  the application is determined complete.

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

29  the application was complete at the time it was declared

30  incomplete filed, the time schedules referencing a complete

31  

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 1  application under this act shall commence upon such

 2  determination.

 3         (4)  If the applicant provides additional information

 4  to address the issues identified in the determination of

 5  incompleteness, each affected agency may submit to the

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

 7  the additional information, a recommendation on whether the

 8  agency believes the application is complete. Within 22 days

 9  after receipt of the additional information from the applicant

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

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

12  additional information supplied by an applicant makes the

13  application complete. If the department finds that the

14  application is still incomplete, the applicant may exercise

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

16  necessary to resolve the dispute.

17         Section 30.  Section 403.50663, Florida Statutes, is

18  created to read:

19         403.50663  Informational public meetings.--

20         (1)  A local government within whose jurisdiction the

21  power plant is proposed to be sited, may hold one

22  informational public meeting in addition to the hearings

23  specifically authorized by this act on any matter associated

24  with the electric power plant proceeding. Such informational

25  public meetings shall be held by the local government, or the

26  regional planning council, if the local government does not

27  hold such a meeting within 70 days after the filing of the

28  application. The purpose of an informational public meeting is

29  for the local government or regional planning council to

30  further inform the public about the proposed electric power

31  plant or associated facilities, obtain comments from the

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 1  public, and formulate its recommendation with respect to the

 2  proposed electric power plant.

 3         (2)  Informational public meetings shall be held solely

 4  at the option of each local government or regional planning

 5  council if a public meeting is not conducted by the local

 6  government. It is the legislative intent that local

 7  governments or regional planning councils attempt to hold such

 8  public meetings. Parties to the proceedings under this act

 9  shall be encouraged to attend; however, no party other than

10  the applicant and the department shall be required to attend

11  such informational public meetings.

12         (3)  A local government or regional planning council

13  that intends to conduct an informational public meeting must

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

15  days prior to the meeting.

16         (4)  The failure to hold an informational public

17  meeting or the procedure used for the informational public

18  meeting are not grounds for the alteration of any time

19  limitation in this act under s. 403.5095 or grounds to deny or

20  condition certification.

21         Section 31.  Section 403.50665, Florida Statutes, is

22  created to read:

23         403.50665  Land use consistency.--

24         (1)  The applicant shall include with the application a

25  statement concerning the consistency of the site or any

26  directly associated facilities with existing land use plans

27  and zoning ordinances that were in effect on the date the

28  application was filed, and a full description of such

29  consistency.

30         (2)  Within 80 days after the application is filed,

31  each local government shall file a determination with the

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 1  department, the applicant, the administrative law judge, and

 2  all parties on the consistency of the site or any directly

 3  associated facilities with existing land use plans and zoning

 4  ordinances that were in effect on the date the application was

 5  filed based on the information in the application. The

 6  applicant shall publish notice of the determination in

 7  accordance with the requirements of s. 403.5115.

 8         (3)  If any substantially affected person wishes to

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

10  file a petition with the department within 15 days after the

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

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

13  shall apply.

14         (4)  The time periods in this section may be altered

15  upon an agreement between the applicant, the local government,

16  and the department under s. 403.5095.

17         (5)  If it is determined by the local government that

18  the proposed site or directly associated facility does conform

19  with existing land use plans and zoning ordinances in effect

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

21  filed, the responsible zoning or planning authority shall not

22  thereafter change such land use plans or zoning ordinances so

23  as to foreclose construction and operation of the proposed

24  site or directly associated facilities unless certification is

25  subsequently denied or withdrawn.

26         Section 32.  Section 403.5067, Florida Statutes, is

27  repealed.

28         Section 33.  Section 403.507, Florida Statutes, is

29  amended to read:

30         403.507  Preliminary statements of issues, reports,

31  project analyses, and studies.--

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 1         (1)  Each affected agency identified in paragraph

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

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

 4  40 60 days after the certification application has been

 5  determined distribution of the complete application. The

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

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

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

 9  application has been determined complete, the following

10  agencies shall prepare reports as provided below and shall

11  submit them to the department and the applicant within 150

12  days after distribution of the complete application:

13         1.  The Department of Community Affairs shall prepare a

14  report containing recommendations which address the impact

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

16  on the degree to which the electrical power plant is

17  consistent with the applicable portions of the state

18  comprehensive plan, emergency management, and other such

19  matters within its jurisdiction. The Department of Community

20  Affairs may also comment on the consistency of the proposed

21  electrical power plant with applicable strategic regional

22  policy plans or local comprehensive plans and land development

23  regulations.

24         2.  The Public Service Commission shall prepare a

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

26  generating capacity to be supplied by the proposed electrical

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

28  determination pursuant to s. 403.519 and may include the

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

30  its jurisdiction.

31  

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 1         2.3.  The water management district shall prepare a

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

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

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

 5  works.

 6         3.4.  Each local government in whose jurisdiction the

 7  proposed electrical power plant is to be located shall prepare

 8  a report as to the consistency of the proposed electrical

 9  power plant with all applicable local ordinances, regulations,

10  standards, or criteria that apply to the proposed electrical

11  power plant, including adopted local comprehensive plans, land

12  development regulations, and any applicable local

13  environmental regulations adopted pursuant to s. 403.182 or by

14  other means.

15         4.5.  The Fish and Wildlife Conservation Commission

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

17         5.6.  Each The regional planning council shall prepare

18  a report containing recommendations that address the impact

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

20  on the degree to which the electrical power plant is

21  consistent with the applicable provisions of the strategic

22  regional policy plan adopted pursuant to chapter 186 and other

23  matters within its jurisdiction.

24         6.  The Department of Transportation shall address the

25  impact of the proposed power plant on matters within its

26  jurisdiction.

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

28  department, shall also perform studies or prepare reports as

29  to matters within that agency's jurisdiction which may

30  potentially be affected by the proposed electrical power

31  plant.

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

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

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

 4  studies of the proposed electrical power plant and site,

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

 6  completed no later than 210 days after the complete

 7  application is filed with the department:

 8         1.  Cooling system requirements.

 9         2.  Construction and operational safeguards.

10         3.  Proximity to transportation systems.

11         4.  Soil and foundation conditions.

12         5.  Impact on suitable present and projected water

13  supplies for this and other competing uses.

14         6.  Impact on surrounding land uses.

15         7.  Accessibility to transmission corridors.

16         8.  Environmental impacts.

17         9.  Requirements applicable under any federally

18  delegated or approved permit program.

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

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

21         (a)  A notice of any nonprocedural requirements not

22  specifically listed in the application from which a variance,

23  exemption, exception, all information on variances,

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

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

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

27  from nonprocedural requirements of that agency. However, no

28  variance shall be granted from standards or regulations of the

29  department applicable under any federally delegated or

30  approved permit program, except as expressly allowed in such

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

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

 2  application.

 3         (c)  Any proposed conditions of certification on

 4  matters within the jurisdiction of such agency. For each

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

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

 7  authorizes the proposed condition.

 8         (d)  The agencies shall initiate the activities

 9  required by this section no later than 15 30 days after the

10  complete application is distributed. The agencies shall keep

11  the applicant and the department informed as to the progress

12  of the studies and any issues raised thereby.

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

14  federally required new source review or prevention of

15  significant deterioration permit for the electrical power

16  plant is complete and sufficient, the department shall issue

17  its preliminary determination on such permit. Notice of such

18  determination shall be published as required by the

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

20  shall receive public comments and comments from the United

21  States Environmental Protection Agency and other affected

22  agencies on the preliminary determination as provided for in

23  the federally approved state implementation plan. The

24  department shall maintain a record of all comments received

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

26  for an administrative hearing on the department's preliminary

27  determination is filed by a substantially affected person,

28  that hearing shall be consolidated with the certification

29  hearing.

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

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

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 1  to the present and future need for electric generating

 2  capacity to be supplied by the proposed electrical power

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

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

 5  comments with respect to any other matters within its

 6  jurisdiction.

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

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

 9  condition precedent to the issuance of the department's

10  project analysis and its conduct of the certification hearing.

11         (5)(4)  The department shall prepare a project written

12  analysis, which shall be filed with the designated

13  administrative law judge and served on all parties no later

14  than 130 240 days after the complete application is determined

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

16  prior to the hearing, and which shall include:

17         (a)  A statement indicating whether the proposed

18  electrical power plant and proposed ultimate site capacity

19  will be in compliance and consistent with matters within the

20  department's standard jurisdiction, including with the rules

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

22  power plant and proposed ultimate site capacity will be in

23  compliance with the nonprocedural requirements of the affected

24  agencies.

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

26  section and s. 403.519.

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

28  other agency or person.

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

30  disposition of the application, of variances, exemptions,

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

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 1  any proposed conditions of certification which the department

 2  believes should be imposed.

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

 4  regarding the issuance of any license required pursuant to a

 5  federally delegated or approved permit program.

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

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

 8  provided to the United States Environmental Protection Agency

 9  for review within 5 days after issuance of the written

10  analysis.

11         (6)(5)  Except when good cause is shown, the failure of

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

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

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

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

16  failure to submit a preliminary statement of issues or a

17  report nor the inadequacy of the preliminary statement of

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

19  certification.

20         Section 34.  Section 403.508, Florida Statutes, is

21  amended to read:

22         403.508  Land use and certification hearings

23  proceedings, parties, participants.--

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

25  been filed pursuant to s. 403.50665, the designated

26  administrative law judge shall conduct a land use hearing in

27  the county of the proposed site or directly associated

28  facility, as applicable, not later than 30 within 90 days

29  after the department's receipt of the petition a complete

30  application for electrical power plant site certification by

31  the department. The place of such hearing shall be as close as

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 1  possible to the proposed site or directly associated facility.

 2  If a petition is filed, the hearing must be held regardless of

 3  the status of the completeness of the application. However,

 4  incompleteness of information necessary for a local government

 5  to evaluate an application may be claimed by the local

 6  government as cause for a statement of inconsistency with

 7  existing land use plans and zoning ordinances under s.

 8  403.50665.

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

10  in accordance with the requirements of s. 403.5115.

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

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

13  consistent and in compliance with existing land use plans and

14  zoning ordinances. If the administrative law judge concludes

15  that the proposed site is not consistent or in compliance with

16  existing land use plans and zoning ordinances, the

17  administrative law judge shall receive evidence on, and

18  address in the recommended order, any changes to or approvals

19  or variances under the applicable land use plans or zoning

20  ordinances which will render the proposed site consistent and

21  in compliance with the local land use plans and zoning

22  ordinances.

23         (d)  The designated administrative law judge's

24  recommended order shall be issued within 30 days after

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

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

27  the board.

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

29  site does conform with existing land use plans and zoning

30  ordinances in effect as of the date of the application, or as

31  otherwise provided by this act, the responsible zoning or

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 1  planning authority shall not thereafter change such land use

 2  plans or zoning ordinances so as to foreclose construction and

 3  operation of affect the proposed power plant on the proposed

 4  site or directly associated facilities unless certification is

 5  subsequently denied or withdrawn.

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

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

 8  applicant to make the necessary application for rezoning.

 9  Should the application for rezoning be denied, the applicant

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

11  determines after notice and hearing and upon consideration of

12  the recommended order on land use and zoning issues that it is

13  in the public interest to authorize the use of the land as a

14  site for an electrical power plant, authorize an amendment to

15  rezoning, a variance, or other approval to the adopted land

16  use plan and zoning ordinances required to render the proposed

17  site consistent with local land use plans and zoning

18  ordinances. The board's actions may not be controlled by any

19  other procedural requirements of law. In the event a variance

20  or other approval by the board is denied, it shall be the

21  responsibility of the applicant to make the necessary

22  application to the applicable local government for any

23  approvals determined by the board as required to make the

24  proposed site consistent and in compliance with local land use

25  plans and zoning ordinances. No further action may be taken on

26  the complete application by the department until the proposed

27  site conforms to the adopted land use plan or zoning

28  ordinances or the board grants relief as provided under this

29  act.

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

31  designated administrative law judge no later than 265 300 days

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 1  after the complete application is filed with the department;

 2  however, an affirmative determination of need by the Public

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

 4  precedent to the conduct of the certification hearing. The

 5  certification hearing shall be held at a location in proximity

 6  to the proposed site. The certification hearing shall also

 7  constitute the sole hearing allowed by chapter 120 to

 8  determine the substantial interest of a party regarding any

 9  required agency license or any related permit required

10  pursuant to any federally delegated or approved permit

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

12  designated administrative law judge shall, after consideration

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

14  order no later than 45 60 days after the filing of the hearing

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

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

17  the hearing transcript, the administrative law judge shall

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

19  60 days after the filing of the hearing transcript to advise

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

21  recommended order and of the date by which the recommended

22  order will be issued.

23         (b)  Notice of the certification hearing and notice of

24  the deadline for filing the notice of intent to be a party

25  shall be made in accordance with the requirements of s.

26  403.5115.

27         (3)(4)(a)  Parties to the proceeding shall include:

28         1.  The applicant.

29         2.  The Public Service Commission.

30         3.  The Department of Community Affairs.

31         4.  The Fish and Wildlife Conservation Commission.

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 1         5.  The water management district.

 2         6.  The department.

 3         7.  The regional planning council.

 4         8.  The local government.

 5         9.  The Department of Transportation.

 6         (b)  Any party listed in paragraph (a) other than the

 7  department or the applicant may waive its right to participate

 8  in these proceedings. If such listed party fails to file a

 9  notice of its intent to be a party on or before the 90th day

10  prior to the certification hearing, such party shall be deemed

11  to have waived its right to be a party.

12         (c)  Notwithstanding the provisions of chapter 120 to

13  the contrary, upon the filing with the administrative law

14  judge of a notice of intent to be a party no later than 75 at

15  least 15 days after the application is filed prior to the date

16  of the land use hearing, the following shall also be parties

17  to the proceeding:

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

19  matters within its jurisdiction.

20         2.  Any domestic nonprofit corporation or association

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

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

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

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

25  industrial groups; or to promote comprehensive planning or

26  orderly development of the area in which the proposed

27  electrical power plant is to be located.

28         (d)  Notwithstanding paragraph (e), failure of an

29  agency described in subparagraph (c)1. to file a notice of

30  intent to be a party within the time provided herein shall

31  

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

 2  as a party in the proceeding.

 3         (e)  Other parties may include any person, including

 4  those persons enumerated in paragraph (c) who have failed to

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

 6  substantial interests are affected and being determined by the

 7  proceeding and who timely file a motion to intervene pursuant

 8  to chapter 120 and applicable rules. Intervention pursuant to

 9  this paragraph may be granted at the discretion of the

10  designated administrative law judge and upon such conditions

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

12  the commencement of the certification hearing.

13         (f)  Any agency, including those whose properties or

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

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

16  applicant.

17         (4)(a)  The order of presentation at the certification

18  hearing, unless otherwise changed by the administrative law

19  judge to ensure the orderly presentation of witnesses and

20  evidence, shall be:

21         1.  The applicant.

22         2.  The department.

23         3.  State agencies.

24         4.  Regional agencies, including regional planning

25  councils and water management districts.

26         5.  Local governments.

27         6.  Other parties.

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

29  opportunity to present oral or written communications to the

30  designated administrative law judge. If the designated

31  administrative law judge proposes to consider such

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 1  communications, then all parties shall be given an opportunity

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

 3         (5)  At the conclusion of the certification hearing,

 4  the designated administrative law judge shall, after

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

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

 7  the hearing transcript.

 8         (6)(a)  No sooner than 29 days before the certification

 9  hearing, the department or the applicant may request that the

10  administrative law judge cancel the certification hearing and

11  relinquish jurisdiction to the department if all parties to

12  the proceeding stipulate that there are no disputed issues of

13  fact to be raised at the certification hearing and if

14  sufficient time remains for the applicant and the department

15  to publish public notices of the cancellation of the hearing

16  at least 3 days before the scheduled date of the hearing.

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

18  granting or denying the request within 5 days.

19         (c)  If the administrative law judge grants the

20  request, the department and the applicant shall publish

21  notices of the cancellation of the certification hearing, in

22  accordance with s. 403.5115.

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

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

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

26         2.  Parties may submit proposed recommended orders to

27  the department no later than 10 days after the administrative

28  law judge issues an order relinquishing jurisdiction.

29         (7)(6)  The applicant shall pay those expenses and

30  costs associated with the conduct of the hearings and the

31  recording and transcription of the proceedings. The designated

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 1  administrative law judge shall have all powers and duties

 2  granted to administrative law judges by chapter 120 and this

 3  chapter and by the rules of the department and the

 4  Administration Commission, including the authority to resolve

 5  disputes over the completeness and sufficiency of an

 6  application for certification.

 7         (7)  The order of presentation at the certification

 8  hearing, unless otherwise changed by the administrative law

 9  judge to ensure the orderly presentation of witnesses and

10  evidence, shall be:

11         (a)  The applicant.

12         (b)  The department.

13         (c)  State agencies.

14         (d)  Regional agencies, including regional planning

15  councils and water management districts.

16         (e)  Local governments.

17         (f)  Other parties.

18         (8)  In issuing permits under the federally approved

19  new source review or prevention of significant deterioration

20  permit program, the department shall observe the procedures

21  specified under the federally approved state implementation

22  plan, including public notice, public comment, public hearing,

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

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

25  coordination with the certification of a power plant under

26  this act are federally enforceable and are issued after

27  opportunity for informed public participation regarding the

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

29  federally approved or delegated program permit such as new

30  source review, prevention of significant deterioration permit,

31  or NPDES permit shall be conducted in conjunction with the

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 1  certification hearing held under this act. The department

 2  shall accept written comment with respect to an application

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

 4  source review or prevention of significant deterioration

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

 6  notice of such action is published. Upon request submitted

 7  within 30 days after published notice, the department shall

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

 9  of receiving public comment on issues related to the new

10  source review or prevention of significant deterioration

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

12  preliminary determination, the public meeting to receive

13  public comment shall be held prior to the scheduled

14  certification hearing. The department shall also solicit

15  comments from the United States Environmental Protection

16  Agency and other affected federal agencies regarding the

17  department's preliminary determination for any federally

18  required new source review or prevention of significant

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

20  the review, processing, and issuance of such federally

21  delegated or approved permits be closely coordinated with the

22  certification process established under this part. In the

23  event of a conflict between the certification process and

24  federally required procedures contained in the state

25  implementation plan, the applicable federal requirements of

26  the implementation plan shall control.

27         Section 35.  Section 403.509, Florida Statutes, is

28  amended to read:

29         403.509  Final disposition of application.--

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

31  request to cancel the certification hearing and has

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 1  relinquished jurisdiction to the department under the

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

 3  secretary of the department shall act upon the application by

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

 5  the stipulation of the parties in requesting the cancellation

 6  of the certification hearing.

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

 8  request to cancel the certification hearing under the

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

10  the designated administrative law judge's recommended order,

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

12  approving certification or denying certification the issuance

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

14  and stating the reasons for issuance or denial. If

15  certification the certificate is denied, the board shall set

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

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

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

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

20  the certification proceeding before the administrative law

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

22  their representatives, or persons who appear before the board

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

24         (3)  In determining whether an application should be

25  approved in whole, approved with modifications or conditions,

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

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

28  electric power plant and directly associated facilities and

29  their construction and operation will:

30  

31  

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 1         (a)  Provide reasonable assurance that operational

 2  safeguards are technically sufficient for the public welfare

 3  and protection.

 4         (b)  Comply with applicable nonprocedural requirements

 5  of agencies.

 6         (c)  Be consistent with applicable local government

 7  comprehensive plans and land development regulations.

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

 9  an orderly and timely fashion.

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

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

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

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

14  construction and operation of the facility.

15         (f)  Minimize, through the use of reasonable and

16  available methods, the adverse effects on human health, the

17  environment, and the ecology of the land and its wildlife and

18  the ecology of state waters and their aquatic life.

19         (4)(3)  Within 30 days after issuance of the

20  certification, the department shall issue and forward to the

21  United States Environmental Protection Agency a proposed

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

23  issue or deny any other license required pursuant to any

24  federally delegated or approved permit program. The

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

26  proposed operation permit for a major source of air pollution

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

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

29  required new source review or prevention of significant

30  deterioration permit shall be based on the record and

31  recommended order of the certification hearing and of any

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 1  other proceeding held in connection with the application for a

 2  new source review or prevention of significant deterioration

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

 4  application or preliminary determination for such permit, and

 5  on the provisions of the state implementation plan. The

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

 7  or prevention of significant deterioration permit shall differ

 8  from the actions taken by the siting board regarding the

 9  certification if the federally approved state implementation

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

11  department. Nothing in this part shall be construed to

12  displace the department's authority as the final permitting

13  entity under the federally approved permit program. Nothing in

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

15  new source review or prevention of significant deterioration

16  permit which does not conform to the requirements of the

17  federally approved state implementation plan. Any final

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

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

20  Unless the federally delegated or approved permit program

21  provides otherwise, licenses issued by the department under

22  this subsection shall be effective for the term of the

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

24  issued by the department pursuant to a federally delegated or

25  approved permit program is required, such renewal shall not

26  affect the certification issued by the board, except as

27  necessary to resolve inconsistencies pursuant to s.

28  403.516(1)(a).

29         (5)(4)  In regard to the properties and works of any

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

31  board may shall have the authority to decide issues relating

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 1  to the use, the connection thereto, or the crossing thereof,

 2  for the electrical power plant and its directly associated

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

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

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

 6  subject only to the conditions set forth in such

 7  certification. However, the applicant shall seek any necessary

 8  interest in state lands the title to which is vested in the

 9  Board of Trustees of the Internal Improvement Trust Fund from

10  the board of trustees or from the governing board of the water

11  management district before, during, or after the certification

12  proceeding. Certification may be made contingent upon issuance

13  of the appropriate interest. The applicant or any party to the

14  certification proceeding may not directly or indirectly raise

15  or relitigate any matter that was or could have been an issue

16  in the certification proceeding in any proceeding before the

17  Board of Trustees of the Internal Improvement Trust Fund in

18  which the applicant is seeking a necessary interest in state

19  land, but the information presented in the certification

20  proceeding shall be available for review by the board of

21  trustees and its staff.

22         (6)(5)  Except as specified in subsection (4), for the

23  issuance of any operation permit for a major source of air

24  pollution pursuant to s. 403.0872, the issuance or denial of

25  the certification by the board or the Secretary of the

26  department and the issuance or denial of any related

27  department license required pursuant to any federally

28  delegated or approved permit program shall be the final

29  administrative action required as to that application.

30         (6)  All certified electrical power plants must apply

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

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

 2  for certified electrical power plants must be submitted

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

 4  extent that any conflicting provision, limitation, or

 5  restriction under any rule, regulation, or ordinance imposed

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

 7  pollution control program, was superseded during the

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

 9  regulation, or ordinance shall continue to be superseded for

10  purposes of the major source air-operation permit program

11  under s. 403.0872.

12         Section 36.  Section 403.511, Florida Statutes, is

13  amended to read:

14         403.511  Effect of certification.--

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

16  certification signed by the Governor shall constitute the sole

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

18  site and the construction and operation of the proposed

19  electrical power plant, except for the issuance of department

20  licenses required under any federally delegated or approved

21  permit program and except as otherwise provided in subsection

22  (4).

23         (2)(a)  The certification shall authorize the applicant

24  named therein to construct and operate the proposed electrical

25  power plant, subject only to the conditions of certification

26  set forth in such certification, and except for the issuance

27  of department licenses or permits required under any federally

28  delegated or approved permit program.

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

30  certification may include conditions which constitute

31  variances, exemptions, or exceptions from nonprocedural

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 1  requirements of the department or any agency which were

 2  expressly considered during the proceeding, including, but not

 3  limited to, any site-specific criteria, standards, or

 4  limitations under local land use or zoning approvals which

 5  affect the proposed power plant or its site, unless waived by

 6  the agency as provided below and which otherwise would be

 7  applicable to the construction and operation of the proposed

 8  electrical power plant.

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

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

11  protection of endangered or threatened species, aquatic

12  preserves, Outstanding National Resource Waters, or

13  Outstanding Florida Waters or for the disposal of hazardous

14  waste, except to the extent authorized by the applicable

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

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

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

18  plant at the site proposed by the applicant overrides the

19  public interest protected by the statute or rule from which

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

21  other parties at least 60 days prior to the certification

22  hearing of any nonprocedural requirements not specifically

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

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

25  to certify any electrical power plant proposed for

26  certification. Failure of such notification by an agency shall

27  be treated as a waiver from nonprocedural requirements of the

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

29  granted from standards or regulations of the department

30  applicable under any federally delegated or approved permit

31  program, except as expressly allowed in such program.

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 1         (3)  The certification and any order on land use and

 2  zoning issued under this act shall be in lieu of any license,

 3  permit, certificate, or similar document required by any

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

 5  to, chapter 125, chapter 161, chapter 163, chapter 166,

 6  chapter 186, chapter 253, chapter 298, chapter 370, chapter

 7  373, chapter 376, chapter 380, chapter 381, chapter 387,

 8  chapter 403, except for permits issued pursuant to any

 9  federally delegated or approved permit program s. 403.0885 and

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

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

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

13  ratemaking powers of the Public Service Commission under

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

15  any local government to charge appropriate fees or require

16  that construction be in compliance with applicable building

17  construction codes.

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

19  this act shall comply with rules adopted by the department

20  subsequent to the issuance of the certification which

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

22  rules are applicable to electrical power plants. Except when

23  express variances, exceptions, exemptions, or other relief

24  have been granted, subsequently adopted rules which prescribe

25  new or stricter criteria shall operate as automatic

26  modifications to certifications.

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

28  holder of a certification issued pursuant to this act may

29  choose to operate the certified electrical power plant in

30  compliance with any rule subsequently adopted by the

31  department which prescribes criteria more lenient than the

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 1  criteria required by the terms and conditions in the

 2  certification which are not site-specific.

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

 4  interpreted to preclude the postcertification exercise by any

 5  party of whatever procedural rights it may have under chapter

 6  120, including those related to rulemaking proceedings. This

 7  subsection shall apply to previously issued certifications.

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

 9  be interpreted to supersede or control the provisions of a

10  final operation permit for a major source of air pollution

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

12  facility certified under this part.

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

14  be interpreted to supersede or control the provisions of a

15  final operation permit for a major source of air pollution

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

17  facility certified under this part.

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

19  subject to the federal coastal consistency review program.

20  Issuance of certification shall constitute the state's

21  certification of coastal zone consistency.

22         Section 37.  Section 403.5112, Florida Statutes, is

23  created to read:

24         403.5112  Filing of notice of certified corridor

25  route.--

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

27  associated linear facility pursuant to this act, the applicant

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

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

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

31  

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

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

 3  location of the certified route and shall state that the

 4  certification of the corridor will result in the acquisition

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

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

 7  duration of the certification or until such time as the

 8  applicant certifies to the department and the clerk that all

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

10  the corridor have been acquired within such county, whichever

11  is sooner.

12         Section 38.  Section 403.5113, Florida Statutes, is

13  created to read:

14         403.5113  Postcertification amendments.--

15         (1)  If, subsequent to certification by the board, a

16  licensee proposes any material change to the application, and

17  revisions or amendments thereto, as certified, the licensee

18  shall submit a written request for amendment and a description

19  of the proposed change to the application to the department.

20  Within 30 days after the receipt of the request for the

21  amendment, the department shall determine whether the proposed

22  change to the application requires a modification of the

23  conditions of certification.

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

25  not require a modification of the conditions of certification,

26  the department shall provide written notification of the

27  approval of the proposed amendment to the licensee, all

28  agencies, and all other parties.

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

30  require a modification of the conditions of certification, the

31  department shall provide written notification to the licensee

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 1  that the proposed change to the application requires a request

 2  for modification pursuant to s. 403.516.

 3         Section 39.  Section 403.5115, Florida Statutes, is

 4  amended to read:

 5         403.5115  Public notice; costs of proceeding.--

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

 7  applicant:

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

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

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

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

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

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

14  size newspaper.

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

16  which shall include a description of the proceedings required

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

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

19  days after the application has been determined complete. Such

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

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

22  federally required new source review or prevention of

23  significant deterioration permit.

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

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

26  filed.

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

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

29  days before the hearing.

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

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

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

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

 3  later than 45 days before the hearing.

 4         (f)  Notice of the cancellation of the certification

 5  hearing, if applicable, no later than 3 days before the date

 6  of the originally scheduled certification hearing.

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

 8  department, based on whether the requested modification of

 9  certification will significantly increase impacts to the

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

11  specified under subsection (2):

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

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

14  size as directed by the department commensurate with the scope

15  of the modification.

16         2.  If a hearing is to be conducted in response to the

17  request for modification, then notice shall be published no

18  later than 30 days before the hearing provided as specified in

19  paragraph (d).

20         (h)(f)  Notice of a supplemental application, which

21  shall be published as specified in paragraph (1)(b) and

22  subsection (2). follows:

23         1.  Notice of receipt of the supplemental application

24  shall be published as specified in paragraph (b).

25         2.  Notice of the certification hearing shall be

26  published as specified in paragraph (d).

27         (i)  Notice of existing site certification pursuant to

28  s. 403.5175. Notices shall be published as specified in

29  paragraph (1)(b) and subsection (2).

30         (2)  Notices provided by the applicant shall be

31  published in newspapers of general circulation within the

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 1  county or counties in which the proposed electrical power

 2  plant will be located. The newspaper notices shall be at least

 3  one-half page in size in a standard size newspaper or a full

 4  page in a tabloid size newspaper and published in a section of

 5  the newspaper other than the legal notices section. These

 6  notices shall include a map generally depicting the project

 7  and all associated facilities corridors. A newspaper of

 8  general circulation shall be the newspaper which has the

 9  largest daily circulation in that county and has its principal

10  office in that county. If the newspaper with the largest daily

11  circulation has its principal office outside the county, the

12  notices shall appear in both the newspaper having the largest

13  circulation in that county and in a newspaper authorized to

14  publish legal notices in that county.

15         (3)  All notices published by the applicant shall be

16  paid for by the applicant and shall be in addition to the

17  application fee.

18         (4)  The department shall arrange for publication of

19  the following notices in the manner specified by chapter 120

20  and provide copies of those notices to any persons who have

21  requested to be placed on the departmental mailing list for

22  this purpose:

23         (a)  Notice Publish in the Florida Administrative

24  Weekly notices of the filing of the notice of intent within 15

25  days after receipt of the notice.;

26         (b)  Notice of the filing of the application, no later

27  than 21 days after the application filing.;

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

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

30  filed.

31  

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 1         (d)  Notice of the land use hearing before the

 2  administrative law judge, if applicable, no later than 15 days

 3  before the hearing.;

 4         (e)  Notice of the land use hearing before the board,

 5  if applicable.

 6         (f)  Notice of the certification hearing at least 65

 7  days before the date set for the certification hearing.;

 8         (g)  Notice of cancellation of the certification

 9  hearing, if applicable, no later than 3 days before the date

10  of the originally scheduled certification hearing.

11         (h)  Notice of the hearing before the board, if

12  applicable.;

13         (i)  Notice and of stipulations, proposed agency

14  action, or petitions for modification.; and

15         (b)  Provide copies of those notices to any persons who

16  have requested to be placed on the departmental mailing list

17  for this purpose.

18         (5)  The applicant shall pay those expenses and costs

19  associated with the conduct of the hearings and the recording

20  and transcription of the proceedings.

21         Section 40.  Section 403.513, Florida Statutes, is

22  amended to read:

23         403.513  Review.--Proceedings under this act shall be

24  subject to judicial review as provided in chapter 120. When

25  possible, separate appeals of the certification order issued

26  by the board and of any department permit issued pursuant to a

27  federally delegated or approved permit program may shall be

28  consolidated for purposes of judicial review.

29         Section 41.  Section 403.516, Florida Statutes, is

30  amended to read:

31         403.516  Modification of certification.--

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 1         (1)  A certification may be modified after issuance in

 2  any one of the following ways:

 3         (a)  The board may delegate to the department the

 4  authority to modify specific conditions in the certification.

 5         (b)1.  The department may modify specific conditions of

 6  a site certification which are inconsistent with the terms of

 7  any federally delegated or approved final air pollution

 8  operation permit for the certified electrical power plant

 9  issued by the United States Environmental Protection Agency

10  under the terms of 42 U.S.C. s. 7661d.

11         2.  Such modification may be made without further

12  notice if the matter has been previously noticed under the

13  requirements for any federally delegated or approved permit

14  program.

15         (c)  The licensee may file a petition for modification

16  with the department or the department may initiate the

17  modification upon its own initiative.

18         1.  A petition for modification must set forth:

19         a.  The proposed modification.

20         b.  The factual reasons asserted for the modification.

21         c.  The anticipated environmental effects of the

22  proposed modification.

23         2.(b)  The department may modify the terms and

24  conditions of the certification if no party to the

25  certification hearing objects in writing to such modification

26  within 45 days after notice by mail to such party's last

27  address of record, and if no other person whose substantial

28  interests will be affected by the modification objects in

29  writing within 30 days after issuance of public notice.

30         3.  If objections are raised or the department denies

31  the request, the applicant or department may file a request

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 1  petition for a hearing on the modification with the

 2  department. Such request shall be handled pursuant to chapter

 3  120 paragraph (c).

 4         (c)  A petition for modification may be filed by the

 5  applicant or the department setting forth:

 6         1.  The proposed modification,

 7         2.  The factual reasons asserted for the modification,

 8  and

 9         3.  The anticipated effects of the proposed

10  modification on the applicant, the public, and the

11  environment.

12  

13  The petition for modification shall be filed with the

14  department and the Division of Administrative Hearings.

15         4.  Requests referred to the Division of Administrative

16  Hearings shall be disposed of in the same manner as an

17  application, but with time periods established by the

18  administrative law judge commensurate with the significance of

19  the modification requested.

20         (d)  As required by s. 403.511(5).

21         (2)  Petitions filed pursuant to paragraph (1)(c) shall

22  be disposed of in the same manner as an application, but with

23  time periods established by the administrative law judge

24  commensurate with the significance of the modification

25  requested.

26         (2)(3)  Any agreement or modification under this

27  section must be in accordance with the terms of this act. No

28  modification to a certification shall be granted that

29  constitutes a variance from standards or regulations of the

30  department applicable under any federally delegated or

31  

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 1  approved permit program, except as expressly allowed in such

 2  program.

 3         Section 42.  Section 403.517, Florida Statutes, is

 4  amended to read:

 5         403.517  Supplemental applications for sites certified

 6  for ultimate site capacity.--

 7         (1)(a)  Supplemental The department shall adopt rules

 8  governing the processing of supplemental applications may be

 9  submitted for certification of the construction and operation

10  of electrical power plants to be located at sites which have

11  been previously certified for an ultimate site capacity

12  pursuant to this act. Supplemental applications shall be

13  limited to electrical power plants using the fuel type

14  previously certified for that site. Such applications shall

15  include all new directly associated facilities that support

16  the construction and operation of the electric power plant.

17  The rules adopted pursuant to this section shall include

18  provisions for:

19         1.  Prompt appointment of a designated administrative

20  law judge.

21         2.  The contents of the supplemental application.

22         3.  Resolution of disputes as to the completeness and

23  sufficiency of supplemental applications by the designated

24  administrative law judge.

25         4.  Public notice of the filing of the supplemental

26  applications.

27         5.  Time limits for prompt processing of supplemental

28  applications.

29         6.  Final disposition by the board within 215 days of

30  the filing of a complete supplemental application.

31  

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 1         (b)  The review shall use the same procedures and

 2  notices as for an initial application.

 3         (c)(b)  The time limits for processing of a complete

 4  supplemental application shall be designated by the department

 5  commensurate with the scope of the supplemental application,

 6  but shall not exceed any time limitation governing the review

 7  of initial applications for site certification pursuant to

 8  this act, it being the legislative intent to provide shorter

 9  time limitations for the processing of supplemental

10  applications for electrical power plants to be constructed and

11  operated at sites which have been previously certified for an

12  ultimate site capacity.

13         (d)(c)  Any time limitation in this section or in rules

14  adopted pursuant to this section may be altered pursuant to s.

15  403.5095 by the designated administrative law judge upon

16  stipulation between the department and the applicant, unless

17  objected to by any party within 5 days after notice, or for

18  good cause shown by any party. The parties to the proceeding

19  shall adhere to the provisions of chapter 120 and this act in

20  considering and processing such supplemental applications.

21         (2)  Supplemental applications shall be reviewed as

22  provided in ss. 403.507-403.511, except that the time limits

23  provided in this section shall apply to such supplemental

24  applications.

25         (3)  The land use and zoning consistency determination

26  of s. 403.50665 hearing requirements of s. 403.508(1) and (2)

27  shall not be applicable to the processing of supplemental

28  applications pursuant to this section so long as:

29         (a)  The previously certified ultimate site capacity is

30  not exceeded; and

31  

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 1         (b)  The lands required for the construction or

 2  operation of the electrical power plant which is the subject

 3  of the supplemental application are within the boundaries of

 4  the previously certified site.

 5         (4)  For the purposes of this act, the term "ultimate

 6  site capacity" means the maximum generating capacity for a

 7  site as certified by the board.

 8         Section 43.  Section 403.5175, Florida Statutes, is

 9  amended to read:

10         403.5175  Existing electrical power plant site

11  certification.--

12         (1)  An electric utility that owns or operates an

13  existing electrical power plant as defined in s. 403.503(12)

14  may apply for certification of an existing power plant and its

15  site in order to obtain all agency licenses necessary to

16  assure compliance with federal or state environmental laws and

17  regulation using the centrally coordinated, one-stop licensing

18  process established by this part. An application for site

19  certification under this section must be in the form

20  prescribed by department rule. Applications must be reviewed

21  and processed using the same procedural steps and notices as

22  for an application for a new facility in accordance with ss.

23  403.5064-403.5115, except that a determination of need by the

24  Public Service Commission is not required.

25         (2)  An application for certification under this

26  section must include:

27         (a)  A description of the site and existing power plant

28  installations;

29         (b)  A description of all proposed changes or

30  alterations to the site or electrical power plant, including

31  

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 1  all new associated facilities that are the subject of the

 2  application;

 3         (c)  A description of the environmental and other

 4  impacts caused by the existing utilization of the site and

 5  directly associated facilities, and the operation of the

 6  electrical power plant that is the subject of the application,

 7  and of the environmental and other benefits, if any, to be

 8  realized as a result of the proposed changes or alterations if

 9  certification is approved and such other information as is

10  necessary for the reviewing agencies to evaluate the proposed

11  changes and the expected impacts;

12         (d)  The justification for the proposed changes or

13  alterations;

14         (e)  Copies of all existing permits, licenses, and

15  compliance plans authorizing utilization of the site and

16  directly associated facilities or operation of the electrical

17  power plant that is the subject of the application.

18         (3)  The land use and zoning determination hearing

19  requirements of s. 403.50665 s. 403.508(1) and (2) do not

20  apply to an application under this section if the applicant

21  does not propose to expand the boundaries of the existing

22  site. If the applicant proposes to expand the boundaries of

23  the existing site to accommodate portions of the plant or

24  associated facilities, a land use and zoning determination

25  shall be made hearing must be held as specified in s.

26  403.50665 s. 403.508(1) and (2); provided, however, that the

27  sole issue for determination through the land use hearing is

28  whether the proposed site expansion is consistent and in

29  compliance with the existing land use plans and zoning

30  ordinances.

31  

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 1         (4)  In considering whether an application submitted

 2  under this section should be approved in whole, approved with

 3  appropriate conditions, or denied, the board shall consider

 4  whether, and to the extent to which the proposed changes to

 5  the electrical power plant and its continued operation under

 6  certification will:

 7         (a)  Comply with the provisions of s. 403.509(3).

 8  applicable nonprocedural requirements of agencies;

 9         (b)  Result in environmental or other benefits compared

10  to current utilization of the site and operations of the

11  electrical power plant if the proposed changes or alterations

12  are undertaken.;

13         (c)  Minimize, through the use of reasonable and

14  available methods, the adverse effects on human health, the

15  environment, and the ecology of the land and its wildlife and

16  the ecology of state waters and their aquatic life; and

17         (d)  Serve and protect the broad interests of the

18  public.

19         (5)  An applicant's failure to receive approval for

20  certification of an existing site or an electrical power plant

21  under this section is without prejudice to continued operation

22  of the electrical power plant or site under existing agency

23  licenses.

24         Section 44.  Section 403.518, Florida Statutes, is

25  amended to read:

26         403.518  Fees; disposition.--

27         (1)  The department shall charge the applicant the

28  following fees, as appropriate, which, unless otherwise

29  specified, shall be paid into the Florida Permit Fee Trust

30  Fund:

31  

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 1         (a)  A fee for a notice of intent pursuant to s.

 2  403.5063, in the amount of $2,500, to be submitted to the

 3  department at the time of filing of a notice of intent. The

 4  notice-of-intent fee shall be used and disbursed in the same

 5  manner as the application fee.

 6         (b)  An application fee, which shall not exceed

 7  $200,000. The fee shall be fixed by rule on a sliding scale

 8  related to the size, type, ultimate site capacity, or increase

 9  in electric generating capacity proposed by the application,

10  or the number and size of local governments in whose

11  jurisdiction the electrical power plant is located.

12         1.  Sixty percent of the fee shall go to the department

13  to cover any costs associated with coordinating the review

14  reviewing and acting upon the application, to cover any field

15  services associated with monitoring construction and operation

16  of the facility, and to cover the costs of the public notices

17  published by the department.

18         2.  The following percentages Twenty percent of the fee

19  or $25,000, whichever is greater, shall be transferred to the

20  Administrative Trust Fund of the Division of Administrative

21  Hearings of the Department of Management Services:.

22         a.  Five percent to compensate expenses from the

23  initial exercise of duties associated with the filing of an

24  application.

25         b.  An additional 5 percent if a land use hearing is

26  held pursuant to s. 403.508.

27         c.  An additional 10 percent if a certification hearing

28  is held pursuant to s. 403.508.

29         3.a.  Upon written request with proper itemized

30  accounting within 90 days after final agency action by the

31  board or withdrawal of the application, the agencies that

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 1  prepared reports pursuant to s. 403.507 or participated in a

 2  hearing pursuant to s. 403.508, may submit a written request

 3  to the department for reimbursement of expenses incurred

 4  during the certification proceedings. The request shall

 5  contain an accounting of expenses incurred which may include

 6  time spent reviewing the application, the department shall

 7  reimburse the Department of Community Affairs, the Fish and

 8  Wildlife Conservation Commission, and any water management

 9  district created pursuant to chapter 373, regional planning

10  council, and local government in the jurisdiction of which the

11  proposed electrical power plant is to be located, and any

12  other agency from which the department requests special

13  studies pursuant to s. 403.507(2)(a)7. Such reimbursement

14  shall be authorized for the preparation of any studies

15  required of the agencies by this act, and for agency travel

16  and per diem to attend any hearing held pursuant to this act,

17  and for any agency's or local government's provision of notice

18  of public meetings or meetings required as a result of the

19  application for certification governments to participate in

20  the proceedings. The department shall review the request and

21  verify that the expenses are valid. Valid expenses shall be

22  reimbursed; however, in the event the amount of funds

23  available for reimbursement allocation is insufficient to

24  provide for full compensation complete reimbursement to the

25  agencies requesting reimbursement, reimbursement shall be on a

26  prorated basis.

27         b.  If the application review is held in abeyance for

28  more than 1 year, the agencies may submit a request for

29  reimbursement.

30         4.  If any sums are remaining, the department shall

31  retain them for its use in the same manner as is otherwise

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 1  authorized by this act; provided, however, that if the

 2  certification application is withdrawn, the remaining sums

 3  shall be refunded to the applicant within 90 days after

 4  withdrawal.

 5         (c)1.  A certification modification fee, which shall

 6  not exceed $30,000. The department shall establish rules for

 7  determining such a fee based on the equipment redesign, change

 8  in site size, type, increase in generating capacity proposed,

 9  or change in an associated linear facility location.

10         2.  The fee shall be submitted to the department with a

11  formal petition for modification to the department pursuant to

12  s. 403.516. This fee shall be established, disbursed, and

13  processed in the same manner as the application fee in

14  paragraph (b), except that the Division of Administrative

15  Hearings shall not receive a portion of the fee unless the

16  petition for certification modification is referred to the

17  Division of Administrative Hearings for hearing. If the

18  petition is so referred, only $10,000 of the fee shall be

19  transferred to the Administrative Trust Fund of the Division

20  of Administrative Hearings of the Department of Management

21  Services. The fee for a modification by agreement filed

22  pursuant to s. 403.516(1)(b) shall be $10,000 to be paid upon

23  the filing of the request for modification. Any sums remaining

24  after payment of authorized costs shall be refunded to the

25  applicant within 90 days of issuance or denial of the

26  modification or withdrawal of the request for modification.

27         (d)  A supplemental application fee, not to exceed

28  $75,000, to cover all reasonable expenses and costs of the

29  review, processing, and proceedings of a supplemental

30  application. This fee shall be established, disbursed, and

31  processed in the same manner as the certification application

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 1  fee in paragraph (b), except that only $20,000 of the fee

 2  shall be transferred to the Administrative Trust Fund of the

 3  Division of Administrative Hearings of the Department of

 4  Management Services.

 5         (e)  An existing site certification application fee,

 6  not to exceed $200,000, to cover all reasonable costs and

 7  expenses of the review processing and proceedings for

 8  certification of an existing power plant site under s.

 9  403.5175. This fee must be established, disbursed, and

10  processed in the same manner as the certification application

11  fee in paragraph (b).

12         (2)  Effective upon the date commercial operation

13  begins, the operator of an electrical power plant certified

14  under this part is required to pay to the department an annual

15  operation license fee as specified in s. 403.0872(11) to be

16  deposited in the Air Pollution Control Trust Fund.

17         Section 45.  Any application for power plant

18  certification filed pursuant to ss. 403.501-403.518 shall be

19  processed under the provisions of law applicable at the time

20  the application is filed, except that the provisions relating

21  to cancellation of the certification hearing under s.

22  403.508(6), the provisions relating to the final disposition

23  of the application and issuance of the written order by the

24  secretary under s. 403.509(1)(a), and notice of the

25  cancellation of the certification hearing under s. 403.5115

26  may apply to any application for power plant certification.

27         Section 46.  Section 403.519, Florida Statutes, is

28  amended to read:

29         403.519  Exclusive forum for determination of need.--

30         (1)  On request by an applicant or on its own motion,

31  the commission shall begin a proceeding to determine the need

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 1  for an electrical power plant subject to the Florida

 2  Electrical Power Plant Siting Act.

 3         (2)  The applicant commission shall publish a notice of

 4  the proceeding in a newspaper of general circulation in each

 5  county in which the proposed electrical power plant will be

 6  located. The notice shall be at least one-quarter of a page

 7  and published at least 21 45 days prior to the scheduled date

 8  for the proceeding. The commission shall publish notice of the

 9  proceeding in the manner specified by chapter 120 at least 21

10  days prior to the scheduled date for the proceeding.

11         (3)  The commission shall be the sole forum for the

12  determination of this matter, which accordingly shall not be

13  raised in any other forum or in the review of proceedings in

14  such other forum. In making its determination, the commission

15  shall take into account the need for electric system

16  reliability and integrity, the need for adequate electricity

17  at a reasonable cost, the need for fuel diversity and supply

18  reliability, and whether the proposed plant is the most

19  cost-effective alternative available. The commission shall

20  also expressly consider the conservation measures taken by or

21  reasonably available to the applicant or its members which

22  might mitigate the need for the proposed plant and other

23  matters within its jurisdiction which it deems relevant. The

24  commission's determination of need for an electrical power

25  plant shall create a presumption of public need and necessity

26  and shall serve as the commission's report required by s.

27  403.407(2)(b) 403.507(2)(a)2. An order entered pursuant to

28  this section constitutes final agency action.

29         (4)  Rule 25-22.082, Florida Administrative Code, does

30  not apply to an electrical power plant using nuclear materials

31  for fuel and an applicant for such a power plant is not

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 1  required to secure competitive proposals for a power supply

 2  before applying for a certificate and filing a petition for

 3  determination of need.

 4         Section 47.  Section 403.52, Florida Statutes, is

 5  amended to read:

 6         403.52  Short title.--Sections 403.52-403.5365 may be

 7  cited as the "Florida Electric Transmission Line Siting Act."

 8         Section 48.  Section 403.521, Florida Statutes, is

 9  amended to read:

10         403.521  Legislative intent.--The legislative intent of

11  this act is to establish a centralized and coordinated

12  licensing permitting process for the location of electric

13  transmission line corridors and the construction, operation,

14  and maintenance of electric transmission lines, which are

15  critical infrastructure facilities. This necessarily involves

16  several broad interests of the public addressed through the

17  subject matter jurisdiction of several agencies. The

18  Legislature recognizes that electric transmission lines will

19  have an effect upon the reliability of the electric power

20  system, the environment, land use, and the welfare of the

21  population. Recognizing the need to ensure electric power

22  system reliability and integrity, and in order to meet

23  electric electrical energy needs in an orderly and timely

24  fashion, the centralized and coordinated licensing permitting

25  process established by this act is intended to further the

26  legislative goal of ensuring through available and reasonable

27  methods that the location of transmission line corridors and

28  the construction, operation, and maintenance of electric

29  transmission lines produce minimal adverse effects on the

30  environment and public health, safety, and welfare while not

31  unduly conflicting with the goals established by the

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 1  applicable local comprehensive plan. It is the intent of this

 2  act to fully balance the need for transmission lines with the

 3  broad interests of the public in order to effect a reasonable

 4  balance between the need for the facility as a means of

 5  providing reliable, economical, and efficient electric

 6  abundant low-cost electrical energy and the impact on the

 7  public and the environment resulting from the location of the

 8  transmission line corridor and the construction, operation,

 9  and maintenance of the transmission lines. The Legislature

10  intends that the provisions of chapter 120 apply to this act

11  and to proceedings under pursuant to it except as otherwise

12  expressly exempted by other provisions of this act.

13         Section 49.  Section 403.522, Florida Statutes, is

14  amended to read:

15         403.522  Definitions relating to the Florida Electric

16  Transmission Line Siting Act.--As used in this act:

17         (1)  "Act" means the Florida Electric Transmission Line

18  Siting Act.

19         (2)  "Agency," as the context requires, means an

20  official, officer, commission, authority, council, committee,

21  department, division, bureau, board, section, or other unit or

22  entity of government, including a county, municipality, or

23  other regional or local governmental entity.

24         (3)  "Amendment" means a material change in information

25  provided by the applicant to the application for certification

26  made after the initial application filing.

27         (4)  "Applicant" means any electric utility that which

28  applies for certification under pursuant to the provisions of

29  this act.

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

31  department to be filed to initiate and support a certification

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 1  review and evaluation, including the initial document filing,

 2  amendments, and responses to requests from the department for

 3  additional data and information proceeding. An electric

 4  utility may file a comprehensive application encompassing all

 5  or a part of one or more proposed transmission lines.

 6         (6)  "Board" means the Governor and Cabinet sitting as

 7  the siting board.

 8         (7)  "Certification" means the approval by the board of

 9  the license for a corridor proper for certification pursuant

10  to subsection (10) and the construction, operation, and

11  maintenance of transmission lines within the such corridor

12  with the such changes or conditions as the siting board deems

13  appropriate. Certification shall be evidenced by a written

14  order of the board.

15         (8)  "Commission" means the Florida Public Service

16  Commission.

17         (9)  "Completeness" means that the application has

18  addressed all applicable sections of the prescribed

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

20  are sufficient in comprehensiveness of data or in quality of

21  information provided to allow the department to determine

22  whether the application provides the reviewing agencies

23  adequate information to prepare the reports required by s.

24  403.526.

25         (10)  "Corridor" means the proposed area within which a

26  transmission line right-of-way, including maintenance and

27  access roads, is to be located. The width of the corridor

28  proposed for certification by an applicant or other party, at

29  the option of the applicant, may be the width of the

30  transmission line right-of-way, or a wider boundary, not to

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

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

 2  by a condition of certification. After all property interests

 3  required for the transmission line right-of-way and

 4  maintenance and access roads have been acquired by the

 5  applicant, the boundaries of the area certified shall narrow

 6  to only that land within the boundaries of the transmission

 7  line right-of-way. The corridors proper for certification

 8  shall be those addressed in the application, in amendments to

 9  the application filed under pursuant to s. 403.5275, and in

10  notices of acceptance of proposed alternate corridors filed by

11  an applicant and the department pursuant to s. 403.5271 for

12  which the required sufficient information for the preparation

13  of agency supplemental reports was filed.

14         (11)  "Department" means the Department of

15  Environmental Protection.

16         (12)  "Electric utility" means cities and towns,

17  counties, public utility districts, regulated electric

18  companies, electric cooperatives, regional transmission

19  organizations, operators of independent transmission systems,

20  or other transmission organizations approved by the Federal

21  Energy Regulatory Commission or the commission for the

22  operation of transmission facilities, and joint operating

23  agencies, or combinations thereof, engaged in, or authorized

24  to engage in, the business of generating, transmitting, or

25  distributing electric energy.

26         (13)  "License" means a franchise, permit,

27  certification, registration, charter, comprehensive plan

28  amendment, development order, or permit as defined in chapters

29  163 and 380, or similar form of authorization required by law,

30  but it does not include a license required primarily for

31  

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 1  revenue purposes when issuance of the license is merely a

 2  ministerial act.

 3         (14)  "Licensee" means an applicant that has obtained a

 4  certification order for the subject project.

 5         (15)(14)  "Local government" means a municipality or

 6  county in the jurisdiction of which the project is proposed to

 7  be located.

 8         (16)  "Maintenance and access roads" mean roads

 9  constructed within the transmission line right-of-way. Nothing

10  in this act prohibits an applicant from constructing a road to

11  support construction, operation, or maintenance of the

12  transmission line that lies outside the transmission line

13  right-of-way.

14         (17)(15)  "Modification" means any change in the

15  certification order after issuance, including a change in the

16  conditions of certification.

17         (18)(16)  "Nonprocedural requirements of agencies"

18  means any agency's regulatory requirements established by

19  statute, rule, ordinance, or comprehensive plan, excluding any

20  provisions prescribing forms, fees, procedures, or time limits

21  for the review or processing of information submitted to

22  demonstrate compliance with such regulatory requirements.

23         (19)(17)  "Person" means an individual, partnership,

24  joint venture, private or public corporation, association,

25  firm, public service company, political subdivision, municipal

26  corporation, government agency, public utility district, or

27  any other entity, public or private, however organized.

28         (20)(18)  "Preliminary statement of issues" means a

29  listing and explanation of those issues within the agency's

30  jurisdiction which are of major concern to the agency in

31  

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 1  relation to the proposed electric electrical transmission line

 2  corridor.

 3         (21)(19)  "Regional planning council" means a regional

 4  planning council as defined in s. 186.503(4) in the

 5  jurisdiction of which the project is proposed to be located.

 6         (20)  "Sufficiency" means that the application is not

 7  only complete but that all sections are adequate in the

 8  comprehensiveness of data and in the quality of information

 9  provided to allow the department to determine whether the

10  application provides the reviewing agencies adequate

11  information to prepare the reports authorized by s. 403.526.

12         (22)(21)  "Transmission line" or "electric transmission

13  line" means structures, maintenance and access roads, and all

14  other facilities that need to be constructed, operated, or

15  maintained for the purpose of conveying electric power any

16  electrical transmission line extending from, but not

17  including, an existing or proposed substation or power plant

18  to, but not including, an existing or proposed transmission

19  network or rights-of-way or substation to which the applicant

20  intends to connect which defines the end of the proposed

21  project and which is designed to operate at 230 kilovolts or

22  more. The starting point and ending point of a transmission

23  line must be specifically defined by the applicant and must be

24  verified by the commission in its determination of need. A

25  transmission line includes structures and maintenance and

26  access roads that need to be constructed for the project to

27  become operational. The transmission line may include, at the

28  applicant's option, any proposed terminal or intermediate

29  substations or substation expansions necessary to serve the

30  transmission line.

31  

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 1         (23)(22)  "Transmission line right-of-way" means land

 2  necessary for the construction, operation, and maintenance of

 3  a transmission line. The typical width of the right-of-way

 4  shall be identified in the application. The right-of-way shall

 5  be located within the certified corridor and shall be

 6  identified by the applicant subsequent to certification in

 7  documents filed with the department before prior to

 8  construction.

 9         (24)(23)  "Water management district" means a water

10  management district created pursuant to chapter 373 in the

11  jurisdiction of which the project is proposed to be located.

12         Section 50.  Section 403.523, Florida Statutes, is

13  amended to read:

14         403.523  Department of Environmental Protection; powers

15  and duties.--The department has shall have the following

16  powers and duties:

17         (1)  To adopt procedural rules pursuant to ss.

18  120.536(1) and 120.54 to administer implement the provisions

19  of this act and to adopt or amend rules to implement the

20  provisions of subsection (10).

21         (2)  To prescribe the form and content of the public

22  notices and the form, content, and necessary supporting

23  documentation, and any required studies, for certification

24  applications. All such data and studies shall be related to

25  the jurisdiction of the agencies relevant to the application.

26         (3)  To receive applications for transmission line and

27  corridor certifications and initially determine the

28  completeness and sufficiency thereof.

29         (4)  To make or contract for studies of certification

30  applications. All such studies shall be related to the

31  jurisdiction of the agencies relevant to the application. For

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 1  studies in areas outside the jurisdiction of the department

 2  and in the jurisdiction of another agency, the department may

 3  initiate such studies, but only with the consent of the such

 4  agency.

 5         (5)  To administer the processing of applications for

 6  certification and ensure that the applications, including

 7  postcertification reviews, are processed on an expeditious and

 8  priority basis as expeditiously as possible.

 9         (6)  To collect and process require such fees as

10  allowed by this act.

11         (7)  To prepare a report and project written analysis

12  as required by s. 403.526.

13         (8)  To prescribe the means for monitoring the effects

14  arising from the location of the transmission line corridor

15  and the construction, operation, and maintenance of the

16  transmission lines to assure continued compliance with the

17  terms of the certification.

18         (9)  To make a determination of acceptability of any

19  alternate corridor proposed for consideration under pursuant

20  to s. 403.5271.

21         (10)  To set requirements that reasonably protect the

22  public health and welfare from the electric and magnetic

23  fields of transmission lines for which an application is filed

24  under after the effective date of this act.

25         (11)  To present rebuttal evidence on any issue

26  properly raised at the certification hearing.

27         (12)  To issue final orders after receipt of the

28  administrative law judge's order relinquishing jurisdiction

29  pursuant to s. 403.527(6).

30         (13)  To act as clerk for the siting board.

31  

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 1         (14)  To administer and manage the terms and conditions

 2  of the certification order and supporting documents and

 3  records for the life of the facility.

 4         (15)  To issue emergency orders on behalf of the board

 5  for facilities licensed under this act.

 6         Section 51.  Section 403.524, Florida Statutes, is

 7  amended to read:

 8         403.524  Applicability; and certification;

 9  exemptions.--

10         (1)  The provisions of This act applies apply to each

11  transmission line, except a transmission line certified under

12  pursuant to the Florida Electrical Power Plant Siting Act.

13         (2)  Except as provided in subsection (1), no

14  construction of a any transmission line may not be undertaken

15  without first obtaining certification under this act, but the

16  provisions of this act does do not apply to:

17         (a)  Transmission lines for which development approval

18  has been obtained under pursuant to chapter 380.

19         (b)  Transmission lines that which have been exempted

20  by a binding letter of interpretation issued under s.

21  380.06(4), or in which the Department of Community Affairs or

22  its predecessor agency has determined the utility to have

23  vested development rights within the meaning of s. 380.05(18)

24  or s. 380.06(20).

25         (c)  Transmission line development in which all

26  construction is limited to established rights-of-way.

27  Established rights-of-way include such rights-of-way

28  established at any time for roads, highways, railroads, gas,

29  water, oil, electricity, or sewage and any other public

30  purpose rights-of-way. If an established transmission line

31  right-of-way is used to qualify for this exemption, the

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 1  transmission line right-of-way must have been established at

 2  least 5 years before notice of the start of construction under

 3  subsection (4) of the proposed transmission line. If an

 4  established transmission line right-of-way is relocated to

 5  accommodate a public project, the date the original

 6  transmission line right-of-way was established applies to the

 7  relocated transmission line right-of-way for purposes of this

 8  exemption. Except for transmission line rights-of-way,

 9  established rights-of-way include rights-of-way created before

10  or after October 1, 1983. For transmission line rights-of-way,

11  established rights-of-way include rights-of-way created before

12  October 1, 1983.

13         (d)  Unless the applicant has applied for certification

14  under this act, transmission lines that which are less than 15

15  miles in length or are located in a single which do not cross

16  a county within the state line, unless the applicant has

17  elected to apply for certification under the act.

18         (3)  The exemption of a transmission line under this

19  act does not constitute an exemption for the transmission line

20  from other applicable permitting processes under other

21  provisions of law or local government ordinances.

22         (4)  An electric A utility shall notify the department

23  in writing, before prior to the start of construction, of its

24  intent to construct a transmission line exempted under

25  pursuant to this section. The Such notice is shall be only for

26  information purposes, and no action by the department is not

27  shall be required pursuant to the such notice. This notice may

28  be included in any submittal filed with the department before

29  the start of construction demonstrating that a new

30  transmission line complies with the applicable electric and

31  magnetic field standards.

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 1         Section 52.  Section 403.525, Florida Statutes, is

 2  amended to read:

 3         403.525  Appointment of Administrative law judge;

 4  appointment; powers and duties.--

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

 6  whether complete or not, the department shall request the

 7  Division of Administrative Hearings to designate an

 8  administrative law judge to conduct the hearings required by

 9  this act.

10         (b)  The division director shall designate an

11  administrative law judge to conduct the hearings required by

12  this act within 7 days after receipt of the request from the

13  department. Whenever practicable, the division director shall

14  assign an administrative law judge who has had prior

15  experience or training in this type of certification

16  proceeding.

17         (c)  Upon being advised that an administrative law

18  judge has been designated, the department shall immediately

19  file a copy of the application and all supporting documents

20  with the administrative law judge, who shall docket the

21  application.

22         (2)  The administrative law judge has all powers and

23  duties granted to administrative law judges under chapter 120

24  and by the laws and rules of the department.

25         Section 53.  Section 403.5251, Florida Statutes, is

26  amended to read:

27         403.5251  Distribution of Application; schedules.--

28         (1)(a)  The formal date of the filing of the

29  application for certification and commencement of the review

30  process for certification is the date on which the applicant

31  submits:

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 1         1.  Copies of the application for certification in a

 2  quantity and format, electronic or otherwise as prescribed by

 3  rule, to the department and other agencies identified in s.

 4  403.526(2); and

 5         2.  The application fee as specified under s. 403.5365

 6  to the department.

 7  

 8  The department shall provide to the applicant and the Division

 9  of Administrative Hearings the names and addresses of any

10  additional agencies or persons entitled to notice and copies

11  of the application and amendments, if any, within 7 days after

12  receiving the application for certification and the

13  application fees.

14         (b)  In the application, the starting point and ending

15  point of a transmission line must be specifically defined by

16  the applicant. Within 7 days after the filing of an

17  application, the department shall provide the applicant and

18  the Division of Administrative Hearings the names and

19  addresses of those affected or other agencies entitled to

20  notice and copies of the application and any amendments.

21         (2)  Within 15 7 days after the formal date of the

22  application filing completeness has been determined, the

23  department shall prepare a proposed schedule of dates for

24  determination of completeness, submission of statements of

25  issues, determination of sufficiency, and submittal of final

26  reports, from affected and other agencies and other

27  significant dates to be followed during the certification

28  process, including dates for filing notices of appearances to

29  be a party under s. 403.527(2) pursuant to s. 403.527(4). This

30  schedule shall be provided by the department to the applicant,

31  the administrative law judge, and the agencies identified

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 1  under pursuant to subsection (1). Within 7 days after the

 2  filing of this proposed schedule, the administrative law judge

 3  shall issue an order establishing a schedule for the matters

 4  addressed in the department's proposed schedule and other

 5  appropriate matters, if any.

 6         (3)  Within 7 days after completeness has been

 7  determined, the applicant shall distribute copies of the

 8  application to all agencies identified by the department

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

10  to the application shall be timely distributed by the

11  applicant to all agencies and parties who have received a copy

12  of the application.

13         (4)  Notice of the filing of the application shall be

14  made in accordance with the requirements of s. 403.5363.

15         Section 54.  Section 403.5252, Florida Statutes, is

16  amended to read:

17         403.5252  Determination of completeness.--

18         (1)(a)  Within 30 days after distribution of an

19  application, the affected agencies shall file a statement with

20  the department containing the recommendations of each agency

21  concerning the completeness of the application for

22  certification.

23         (b)  Within 7 15 days after receipt of the completeness

24  statements of each agency an application, the department shall

25  file a statement with the Division of Administrative Hearings,

26  and with the applicant, and with all parties declaring its

27  position with regard to the completeness, not the sufficiency,

28  of the application. The statement of the department shall be

29  based upon its consultation with the affected agencies.

30         (2)(1)  If the department declares the application to

31  be incomplete, the applicant, within 14 15 days after the

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 1  filing of the statement by the department, shall file with the

 2  Division of Administrative Hearings, with all parties, and

 3  with the department a statement:

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

 5  department and withdrawing the application;

 6         (b)  Additional information necessary to make the

 7  application complete. After the department first determines

 8  the application to be incomplete, the time schedules under

 9  this act are not tolled if the applicant makes the application

10  complete within the 14-day period. A subsequent finding by the

11  department that the application remains incomplete tolls the

12  time schedules under this act until the application is

13  determined complete; Agreeing with the statement of the

14  department and agreeing to amend the application without

15  withdrawing it. The time schedules referencing a complete

16  application under this act shall not commence until the

17  application is determined complete; or

18         (c)  A statement contesting the department's

19  determination of incompleteness; or statement of the

20  department.

21         (d)  A statement agreeing with the department and

22  requesting additional time to provide the information

23  necessary to make the application complete. If the applicant

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

25  tolled until the application is determined complete.

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

27  by the department that an application is incomplete, the

28  administrative law judge shall schedule a hearing on the

29  statement of completeness. The hearing shall be held as

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

31  the filing of the statement by the department. The

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 1  administrative law judge shall render a decision within 7 10

 2  days after the hearing.

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

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

 5  that has jurisdiction over the matter in dispute. Any

 6  substantially affected person who wishes to become a party to

 7  the 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 55.  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 56.  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 57.  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 58.  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 59.  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 60.  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 61.  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 62.  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 63.  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 64.  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 65.  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 66.  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 67.  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 68.  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 69.  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 70.  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 71.  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 72.  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 73.  Sections 403.5253 and 403.5369, Florida

10  Statutes, are repealed.

11         Section 74.  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 75.  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 76.  Section 220.195, Florida Statutes, is

12  created to read:

13         220.195  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 77.  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 78.  This act shall take effect upon becoming a

16  law.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 888

 3                                 

 4  Requires the Florida Energy Commission to submit a report to
    the Governor, the Cabinet, and the Legislature which
 5  recommends consensus-based public-involvement processes to
    reduce greenhouse gas emissions in this state. The report must
 6  also provide a schedule for the development of a comprehensive
    state climate action plan.
 7  
    Creates a Florida Solar Energy Incentives Program.
 8  Appropriates $1.2 million recurring General Revenue to support
    the development of a solar energy product market in this state
 9  and to implement the Florida Solar Energy Incentives Program.

10  Creates the Solar Photovoltaic Incentive Program. Provides
    eligibility requirements. Provides rebate amounts.
11  
    Creates the Solar Thermal Incentive Program. Provides
12  eligibility requirements. Provides rebate amounts.

13  Requires the Public Service Commission to adopt rules to
    implement the incentives programs and to amend current
14  interconnection standards for solar energy systems up to 100
    kilowatts in accordance with current standards for solar
15  energy systems.

16  Requires the Florida Solar Energy Center to certify the
    performance of solar equipment sold and installed in the
17  state.

18  Requires the Public Service Commission to adopt goals
    increasing the use of Florida renewable energy resources. The
19  commission may approve bilateral contracts providing for
    contract payments to producers of renewable energy sources of
20  an amount equal to 50 percent above the utility's full avoided
    costs. Provides for a credit against the corporate income tax
21  to the utility in an amount equal to the annual cost of
    contract payments to Florida renewable energy resources which
22  are in excess of the utility's full avoided cost.

23  Creates the Florida Renewable Energy Technologies and Energy
    Efficiency Act. Provides for the creation of the Renewable
24  Energy Technologies Grants Program within the Department of
    Environmental Protection (DEP). Specifies who may receive such
25  grants.

26  Provides for the creation of the Energy Efficient Appliances
    Rebate Program in the DEP. Applies to any resident who
27  purchases a new Energy Star qualified appliance from July 1,
    2006, through June 30, 2010. A person is limited to one rebate
28  per type of appliance per year.

29  Provides for a sales tax exemption for equipment, machinery,
    and other materials for renewable energy technologies. Exempts
30  hydrogen-powered vehicles and hydrogen-fueling stations up to
    $2 million for each fiscal year; and materials used in the
31  distribution of biodiesel and ethanol, including fueling
    infrastructure, transportation, and storage, up to $1 million
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 1  tax each fiscal year. The exemption also applies to the cost
    of retrofitting a gasoline fueling station pump for ethanol
 2  distribution.

 3  Provides for a renewable energy technologies investment tax
    credit against the corporate income tax.
 4  
    Provides for a renewable energy production credit against the
 5  corporate income tax.

 6  Provides for a renewable energy production credit against the
    sales and use tax.
 7  
    Revises various provisions in the Power Plant Siting Act
 8  relating to thresholds, application filings; public meetings;
    and timelines for certain actions.
 9  
    Provides that the bill becomes effective upon becoming a law.
10  

11  

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