Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 980
Barcode 572456
CHAMBER ACTION
Senate House
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11 The Committee on Community Affairs (Bennett) recommended the
12 following amendment:
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14 Senate Amendment
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 163.3207, Florida Statutes is
19 created to read:
20 163.3207 Substation approval process.--
21 (1) It is the intent of the Legislature to maintain,
22 encourage, and assure adequate and reliable electrical
23 infrastructure in the state. It is essential that electrical
24 infrastructure be constructed and maintained in various
25 locations in order to ensure the efficient and reliable
26 delivery of electric service.
27 (2) Electrical substations are a critical component of
28 electrical transmission and distribution. Local governments
29 may adopt and enforce reasonable land development regulations
30 for new substations addressing only setback, landscaping,
31 buffering, screening, and other aesthetic compatibility based
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 980
Barcode 572456
1 standards. Vegetated buffers or screening beneath aerial
2 access points to the substation equipment may not be required
3 to have a mature height in excess of 14 feet. New substations
4 shall be a permittable use in all land use categories in the
5 applicable local government comprehensive plan and in zoning
6 districts within the service territory of a utility, except
7 those designated as preservation or conservation land on the
8 future land use map or in a duly adopted ordinance. If a local
9 government has not adopted reasonable standards for substation
10 siting in accordance with applicable adoption procedures,
11 including public hearings, the following standards apply:
12 (a) In nonresidential areas, the substation must
13 comply with the criteria for a setback and landscaped buffer
14 area which apply to other similar uses in that district.
15 (b) In residential areas, a setback of up to 100 feet
16 between the property boundary of the substation and permanent
17 equipment structures must be maintained as follows:
18 1. For setbacks between 100 feet and 50 feet, a
19 landscaped area having native trees and shrub material with a
20 security fence around the substation equipment must be
21 installed, creating an open green-space area.
22 2. For setbacks between 25 feet and 49 feet, an 8-foot
23 buffer wall or 8-foot fence with native landscaping must be
24 installed around the substation.
25 3. For setbacks of less than 25 feet, a decorative
26 wall or facade at least 10 feet in height with exterior native
27 landscaping must be installed around the substation.
28 (3) Standards for the siting of a substation which are
29 adopted after the effective date of this act do not apply to
30 applications for an electrical utility substation which were
31 submitted prior to notice of the adoption hearing by the local
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 980
Barcode 572456
1 government.
2 (4)(a) If a local government has adopted standards for
3 the siting of electrical substations within any of the land
4 use and zoning districts of the local government, the local
5 government shall grant or deny a properly completed
6 application for a permit to locate an electrical substation
7 within the land use and zoning district within 60 business
8 days after the date the properly completed application is
9 declared complete in accordance with the application
10 procedures of the local government, if issuance of such permit
11 does not relieve the applicant from complying with applicable
12 federal or state laws or rules and applicable local land
13 development or building rules. If the local government fails
14 to grant or deny a properly completed application for an
15 electrical substation within the timeframes set forth, the
16 application shall be deemed automatically approved and the
17 applicant may proceed with construction consistent with its
18 application without interference or penalty.
19 (b) The local government shall notify the permit
20 applicant within 30 business days after the date the
21 application is submitted as to whether the application is, for
22 administrative purposes only, properly completed and has been
23 properly submitted. Further determinations of completeness
24 shall be provided within 15 days after the receipt of
25 additional information. However, such determination is not
26 deemed as an approval of the application.
27 (5) This section does not affect the applicability and
28 enforceability of any existing local regulatory land use
29 procedures for conditional use or special exceptions which
30 provide for public input in a workshop or informational format
31 if such are in effect as of the effective date of this
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 980
Barcode 572456
1 section. However, in a land use, conditional use, or
2 special-exception review of an electrical substation, the
3 local government is limited to imposing those standards and
4 conditions previously adopted under subsection (2), and public
5 input may be provided in a workshop or informational format.
6 Section 2. Section 163.3209, Florida Statutes, is
7 created to read:
8 163.3209 Electrical transmission and distribution line
9 right-of-way maintenance.--After a right-of-way for any
10 electrical transmission or distribution line has been
11 established and constructed, a local government may not
12 require any permits or other approvals for vegetation
13 maintenance and tree pruning or trimming within the
14 established right-of-way. Before conducting
15 vegetation-maintenance activities within an established
16 right-of-way, the utility shall provide the local government
17 with a minimum of 5 days' advance notice, except in
18 emergencies or when required to restore electric service. Upon
19 the request of the local government, the electric utility
20 shall meet with the local government to discuss and submit the
21 utility's vegetation-maintenance plan, including the utility's
22 trimming specifications and maintenance practices. Vegetation
23 maintenance shall conform to ANSI A300 (Part I) - 2001 pruning
24 standards and ANSI Z133.1-2000 Pruning, Repairing,
25 Maintaining, and Removing Trees, and Cutting Brush - Safety
26 Requirements. Vegetation management conducted by utilities
27 must be supervised by qualified personnel from the electric
28 utility or licensed contractors under control of the utility
29 or by certified arborists certified by the International
30 Society of Arboriculture. A local government may not adopt an
31 ordinance or land development regulation that requires the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 980
Barcode 572456
1 planting of a tree or other vegetation that will achieve a
2 height greater than 14 feet in an established right-of-way for
3 an electric utility or intrude from the side closer than the
4 clearance distance specified in Table 2 of ANSI Z133.1-2000.
5 For lines affected by the North American Electric Reliability
6 Council Standard, FAC 003.1 requirement R1.2 applies. This
7 section does not supersede or nullify the terms of specific
8 franchise agreements between an electric utility and a local
9 government, and may not be construed to limit the franchising
10 authority of a local government. This section does not
11 supersede local government ordinances or rules governing
12 removal of specimen trees, historical trees, or trees within
13 canopy road protection areas.
14 Section 3. Section 186.008, Florida Statutes, is
15 created to read:
16 186.008 Electrical substation planning.--Electrical
17 utility substations respond to development and consequently
18 siting locations cannot be precisely planned years in advance.
19 On or before June 1st of every year after the effective date
20 of this act, the electric utilities having service areas
21 within each regional planning council shall notify the
22 regional planning council of the utilities' current plans over
23 a 3-year period to site electrical substations within the
24 local governments contained within each region. This
25 information is advisory and must be included in the annual
26 report of the regional planning council prepared pursuant to
27 s. 186.513.
28 Section 4. This act shall take effect upon becoming a
29 law.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 980
Barcode 572456
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to energy reliability; creating
8 s. 163.3207, F.S.; providing an approval
9 process for the siting of an electrical
10 substation; creating s. 163.3209, F.S.;
11 providing for right-of-way maintenance for
12 electrical power lines; creating s. 186.008,
13 F.S.; providing for the submission of
14 substation plans as part of the annual regional
15 planning council report; providing an effective
16 date.
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