Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 980
                        Barcode 572456
                            CHAMBER ACTION
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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
16  
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 2 8:07 AM 02/13/06 s0980d-ca21-t01
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 3 8:07 AM 02/13/06 s0980d-ca21-t01
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 4 8:07 AM 02/13/06 s0980d-ca21-t01
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. 30 31 5 8:07 AM 02/13/06 s0980d-ca21-t01
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 4 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. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 8:07 AM 02/13/06 s0980d-ca21-t01