Senate Bill sb0980c1

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    Florida Senate - 2006                            CS for SB 980

    By the Committee on Community Affairs; and Senator Alexander





    578-1732-06

  1                      A bill to be entitled

  2         An act relating to energy reliability; creating

  3         s. 163.3207, F.S.; providing legislative

  4         intent; providing that new substations are a

  5         permittable use in all land use categories and

  6         zoning districts within a utility's service

  7         territory; providing standards if a local

  8         government does not adopt reasonable standards

  9         for substation siting; providing an exemption;

10         providing a timeframe for a local government to

11         grant or deny an application for an electrical

12         substation or the application is deemed

13         approved; providing for public input; creating

14         s. 163.3209, F.S.; prohibiting local

15         governments from requiring any permits or other

16         approvals for vegetation maintenance in an

17         established electrical transmission or

18         distribution line right-of-way; requiring a

19         utility to give a local government 5 days'

20         advance notice before conducting

21         vegetation-maintenance activities in an

22         established right-of-way; specifying standards

23         for vegetation maintenance; limiting the height

24         of a tree or other vegetation which may be

25         required by a local government in an

26         established right-of-way; providing an

27         exemption; creating s. 186.008, F.S.; providing

28         for the submission of substation plans as part

29         of the annual regional planning council report;

30         providing an effective date.

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    Florida Senate - 2006                            CS for SB 980
    578-1732-06




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

 2  

 3         Section 1.  Section 163.3207, Florida Statutes, is

 4  created to read:

 5         163.3207  Substation approval process.--

 6         (1)  It is the intent of the Legislature to maintain,

 7  encourage, and assure adequate and reliable electrical

 8  infrastructure in the state. It is essential that electrical

 9  infrastructure be constructed and maintained in various

10  locations in order to ensure the efficient and reliable

11  delivery of electric service.

12         (2)  Electrical substations are a critical component of

13  electrical transmission and distribution. Local governments

14  may adopt and enforce reasonable land development regulations

15  for new substations addressing only setback, landscaping,

16  buffering, screening, and other aesthetic compatibility based

17  standards. Vegetated buffers or screening beneath aerial

18  access points to the substation equipment may not be required

19  to have a mature height in excess of 14 feet. New substations

20  shall be a permittable use in all land use categories in the

21  applicable local government comprehensive plan and in zoning

22  districts within the service territory of a utility, except

23  those designated as preservation or conservation land on the

24  future land use map or in a duly adopted ordinance. If a local

25  government has not adopted reasonable standards for substation

26  siting in accordance with applicable adoption procedures,

27  including public hearings, the following standards apply:

28         (a)  In nonresidential areas, the substation must

29  comply with the criteria for a setback and landscaped buffer

30  area which apply to other similar uses in that district.

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    Florida Senate - 2006                            CS for SB 980
    578-1732-06




 1         (b)  In residential areas, a setback of up to 100 feet

 2  between the property boundary of the substation and permanent

 3  equipment structures must be maintained as follows:

 4         1.  For setbacks between 100 feet and 50 feet, a

 5  landscaped area having native trees and shrub material with a

 6  security fence around the substation equipment must be

 7  installed, creating an open green-space area.

 8         2.  For setbacks between 25 feet and 49 feet, an 8-foot

 9  buffer wall or 8-foot fence with native landscaping must be

10  installed around the substation.

11         3.  For setbacks of less than 25 feet, a decorative

12  wall or facade at least 10 feet in height with exterior native

13  landscaping must be installed around the substation.

14         (3)  Standards for the siting of a substation which are

15  adopted after the effective date of this act do not apply to

16  applications for an electrical utility substation which were

17  submitted prior to notice of the adoption hearing by the local

18  government.

19         (4)(a)  If a local government has adopted standards for

20  the siting of electrical substations within any of the land

21  use and zoning districts of the local government, the local

22  government shall grant or deny a properly completed

23  application for a permit to locate an electrical substation

24  within the land use and zoning district within 60 business

25  days after the date the properly completed application is

26  declared complete in accordance with the application

27  procedures of the local government, if issuance of such permit

28  does not relieve the applicant from complying with applicable

29  federal or state laws or rules and applicable local land

30  development or building rules. If the local government fails

31  to grant or deny a properly completed application for an

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    Florida Senate - 2006                            CS for SB 980
    578-1732-06




 1  electrical substation within the timeframes set forth, the

 2  application shall be deemed automatically approved and the

 3  applicant may proceed with construction consistent with its

 4  application without interference or penalty.

 5         (b)  The local government shall notify the permit

 6  applicant within 30 business days after the date the

 7  application is submitted as to whether the application is, for

 8  administrative purposes only, properly completed and has been

 9  properly submitted. Further determinations of completeness

10  shall be provided within 15 days after the receipt of

11  additional information. However, such determination is not

12  deemed as an approval of the application.

13         (5)  This section does not affect the applicability and

14  enforceability of any existing local regulatory land use

15  procedures for conditional use or special exceptions which

16  provide for public input in a workshop or informational format

17  if such are in effect as of the effective date of this

18  section. However, in a land use, conditional use, or

19  special-exception review of an electrical substation, the

20  local government is limited to imposing those standards and

21  conditions previously adopted under subsection (2), and public

22  input may be provided in a workshop or informational format.

23         Section 2.  Section 163.3209, Florida Statutes, is

24  created to read:

25         163.3209  Electrical transmission and distribution line

26  right-of-way maintenance.--After a right-of-way for any

27  electrical transmission or distribution line has been

28  established and constructed, a local government may not

29  require any permits or other approvals for vegetation

30  maintenance and tree pruning or trimming within the

31  established right-of-way. Before conducting

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    Florida Senate - 2006                            CS for SB 980
    578-1732-06




 1  vegetation-maintenance activities within an established

 2  right-of-way, the utility shall provide the local government

 3  with a minimum of 5 days' advance notice, except in

 4  emergencies or when required to restore electric service. Upon

 5  the request of the local government, the electric utility

 6  shall meet with the local government to discuss and submit the

 7  utility's vegetation-maintenance plan, including the utility's

 8  trimming specifications and maintenance practices.  Vegetation

 9  maintenance shall conform to ANSI A300 (Part I) - 2001 pruning

10  standards and ANSI Z133.1-2000 Pruning, Repairing,

11  Maintaining, and Removing Trees, and Cutting Brush - Safety

12  Requirements. Vegetation management conducted by utilities

13  must be supervised by qualified personnel from the electric

14  utility or licensed contractors under control of the utility

15  or by certified arborists certified by the International

16  Society of Arboriculture. A local government may not adopt an

17  ordinance or land development regulation that requires the

18  planting of a tree or other vegetation that will achieve a

19  height greater than 14 feet in an established right-of-way for

20  an electric utility or intrude from the side closer than the

21  clearance distance specified in Table 2 of ANSI Z133.1-2000.

22  For lines affected by the North American Electric Reliability

23  Council Standard, FAC 003.1 requirement R1.2 applies. This

24  section does not supersede or nullify the terms of specific

25  franchise agreements between an electric utility and a local

26  government, and may not be construed to limit the franchising

27  authority of a local government. This section does not

28  supersede local government ordinances or rules governing

29  removal of specimen trees, historical trees, or trees within

30  canopy road protection areas.

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    Florida Senate - 2006                            CS for SB 980
    578-1732-06




 1         Section 3.  Section 186.008, Florida Statutes, is

 2  created to read:

 3         186.008  Electrical substation planning.--Electrical

 4  utility substations respond to development and consequently

 5  siting locations cannot be precisely planned years in advance.

 6  On or before June 1st of every year after the effective date

 7  of this act, the electric utilities having service areas

 8  within each regional planning council shall notify the

 9  regional planning council of the utilities' current plans over

10  a 3-year period to site electrical substations within the

11  local governments contained within each region. This

12  information is advisory and must be included in the annual

13  report of the regional planning council prepared pursuant to

14  s. 186.513.

15         Section 4.  This act shall take effect upon becoming a

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 980

20                                 

21  The committee substitute for SB 980 (CS) provides standards
    for setbacks and landscape buffers which apply if a local
22  government does not adopt reasonable standards for siting an
    electrical substation. The CS provides a timeframe for local
23  governments that have adopted standards for siting an
    electrical substation in a land use or zoning district to
24  grant or deny an application to site an electrical substation.
    The CS requires a utility to give the local government 5 days'
25  advance notice before conducting vegetation-maintenance
    activities in an established right-of-way. It also specifies
26  standards for vegetation maintenance and limits the types of
    trees or vegetation that may be planted in an established
27  right-of-way for an electric utility. Finally, the CS requires
    an electric utility to provide the applicable regional
28  planning council with a report on the utility's 3-year plans
    for siting electrical substations and this information is to
29  be included in the regional planning council's annual report.

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