Senate Bill sb0980er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2006 Legislature                          CS for CS for SB 980



  1                                 

  2         An act relating to electric transmission and

  3         distribution; creating s. 163.3208, F.S.;

  4         providing legislative intent; defining the term

  5         "distribution electric substation"; providing

  6         criteria for adoption and enforcement by a

  7         local government of land development

  8         regulations for new electric substations;

  9         providing that new substations are a permitted

10         use in all land use categories and zoning

11         districts within a utility's service territory;

12         providing for exceptions; providing standards

13         which apply if a local government does not

14         adopt reasonable standards for substation

15         siting; providing for approval of an

16         application for development of a proposed

17         distribution electric substation when the

18         application demonstrates that the design is

19         consistent with the local government's

20         applicable standards; providing alternative

21         procedures for site approval; providing for

22         application of certain local siting standards

23         to applications received after public notice of

24         the adoption hearing on those standards;

25         providing a timeframe and procedures for a

26         local government to approve or deny an

27         application for an electric substation;

28         providing that the application is deemed

29         approved if not acted on within the timeframe;

30         providing for waiver of timeframes; authorizing

31         the local government to establish timeframes


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1         for certain required information to be

 2         furnished; creating s. 163.3209, F.S.;

 3         prohibiting local governments from requiring

 4         any permits or approvals for certain vegetation

 5         maintenance in an established electric

 6         transmission or distribution line right-of-way;

 7         defining the term "vegetation maintenance and

 8         tree pruning or trimming"; providing for a

 9         utility to give notice to the local government

10         before conducting such vegetation-maintenance

11         activities; providing for exceptions; requiring

12         the utility to provide its

13         vegetation-maintenance plan to the local

14         government and discuss it with the local

15         government; specifying standards for vegetation

16         maintenance and tree pruning or trimming

17         conducted by utilities; providing for

18         supervision of vegetation maintenance and tree

19         pruning or trimming activities; limiting the

20         height and clearance distance of vegetation

21         that may be required by a local government in

22         an established right-of-way of certain lines;

23         providing for application and construction with

24         respect to local franchise authority and

25         ordinances or regulations governing planting,

26         pruning, trimming, or removal of certain trees;

27         providing for application when a local

28         government adopts a described plan for

29         vegetation maintenance, tree pruning, tree

30         removal, and tree trimming within established

31         rights-of-way; providing that vegetation


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1         maintenance costs be considered recoverable;

 2         creating s. 186.0201, F.S.; requiring electric

 3         utilities to notify the regional planning

 4         council of plans to site electric substations;

 5         providing for content of the notification;

 6         requiring that the information be included in

 7         the regional planning council's annual report

 8         and supplied to local governments under certain

 9         conditions; amending s. 186.513, F.S.;

10         correcting a reference to a specified agency;

11         providing for application to the Florida

12         Electrical Power Plant Siting Act; providing an

13         effective date.

14  

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

16  

17         Section 1.  Section 163.3208, Florida Statutes, is

18  created to read:

19         163.3208  Substation approval process.--

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

21  encourage, and ensure adequate and reliable electric

22  infrastructure in the state. It is essential that electric

23  infrastructure be constructed and maintained in various

24  locations in order to ensure the efficient and reliable

25  delivery of electric service. Electric infrastructure should

26  be constructed, to the maximum extent practicable, to achieve

27  compatibility with adjacent and surrounding land uses and the

28  criteria included in this section are intended to balance the

29  need for electricity with land use compatibility.

30         (2)  The term "distribution electric substation" means

31  an electric substation which takes electricity from the


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1  transmission grid and converts it to a lower voltage so it can

 2  be distributed to customers in the local area on the local

 3  distribution grid through one or more distribution lines less

 4  than 69 kilovolts in size.

 5         (3)  Electric substations are a critical component of

 6  electric transmission and distribution. Local governments may

 7  adopt and enforce reasonable land development regulations for

 8  new distribution electric substations addressing only setback,

 9  landscaping, buffering, screening, lighting, and other

10  aesthetic compatibility-based standards. Vegetated buffers or

11  screening beneath aerial access points to the substation

12  equipment shall not be required to have a mature height in

13  excess of 14 feet.

14         (4)  New distribution electric substations shall be a

15  permitted use in all land use categories in the applicable

16  local government comprehensive plan and zoning districts

17  within a utility's service territory except those designated

18  as preservation, conservation, or historic preservation on the

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

20  government has not adopted reasonable standards for substation

21  siting in accordance with subsection (3), the following

22  standards shall apply to new distribution electric

23  substations:

24         (a)  In nonresidential areas, the substation must

25  comply with the setback and landscaped buffer area criteria

26  applicable to other similar uses in that district, if any.

27         (b)  Unless the local government approves a lesser

28  setback or landscape requirement, in residential areas, a

29  setback of up to 100 feet between the substation property

30  boundary and permanent equipment structures shall be

31  maintained as follows:


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1         1.  For setbacks between 100 feet and 50 feet, an open

 2  green space shall be formed by installing native landscaping,

 3  including trees and shrub material, consistent with the

 4  relevant local government's land development regulations.

 5  Substation equipment shall be protected by a security fence

 6  consistent with the relevant local government's land

 7  development regulations.

 8         2.  For setbacks of less than 50 feet, a buffer wall 8

 9  feet high or a fence 8 feet high with native landscaping

10  consistent with the relevant local government's regulations

11  shall be installed around the substation.

12         (5)  If the application for a proposed distribution

13  electric substation demonstrates that the substation design is

14  consistent with the local government's applicable setback,

15  landscaping, buffering, screening, and other aesthetic

16  compatibility-based standards, the application for development

17  approval for the substation shall be approved.

18         (6)(a)  This paragraph may apply to the proposed

19  placement or construction of a new distribution electric

20  substation within a residential area. Prior to submitting an

21  application for the location of a new distribution electric

22  substation in residential areas, the utility shall consult

23  with the local government regarding the selection of a site.

24  The utility shall provide information regarding the utility's

25  preferred site and as many as three alternative available

26  sites, including sites within nonresidential areas, that are

27  technically and electrically reasonable for the load to be

28  served, if the local government deems that the siting of a new

29  distribution electric substation warrants this additional

30  review and consideration. The final determination on the site

31  application as to the preferred and alternative sites shall be


                                  5

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1  made solely by the local government within 90 days of

 2  presentation of all the necessary and required information on

 3  the preferred site and on the alternative sites. In the event

 4  the utility and the local government are unable to reach

 5  agreement on an appropriate location, the substation site

 6  selection shall be submitted to mediation conducted pursuant

 7  to ss. 44.401-44.406, unless otherwise agreed to in writing by

 8  the parties, and the mediation shall be concluded within 30

 9  days unless extended by written agreement of the parties. The

10  90-day time period for the local government to render a final

11  decision on the site application is tolled from the date a

12  notice of intent to mediate the site selection issue is served

13  on the utility or local government, until the mediation is

14  concluded, terminated, or an impasse is declared. The local

15  government and utility may agree to waive or extend this

16  90-day time period. Upon rendition of a final decision of the

17  local government, a person may pursue available legal remedies

18  in accordance with law and the matter shall be considered on

19  an expedited basis.

20         (b)  A local government's land development and

21  construction regulations for new distribution electric

22  substations and the local government's review of an

23  application for the placement or construction of a new

24  distribution electric substation shall only address land

25  development, zoning, or aesthetic compatibility-based issues.

26  In such local government regulations or review, a local

27  government may not require information or evaluate a utility's

28  business decisions about its service, customer demand for its

29  service, or quality of its service to or from a particular

30  area or site, unless the utility voluntarily offers this

31  information to the local government.


                                  6

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1         (7)  Substation siting standards adopted after the

 2  effective date of this act shall not apply to new distribution

 3  electric substation applications that were submitted prior to

 4  the notice of the local government's adoption hearing.

 5         (8)(a)  If a local government has adopted standards for

 6  the siting of new distribution electric substations within any

 7  of the local government's land use categories or zoning

 8  districts, the local government shall grant or deny a properly

 9  completed application for a permit to locate a new

10  distribution electric substation within the land use category

11  or zoning district within 90 days after the date the properly

12  completed application is declared complete in accordance with

13  the applicable local government application procedures. If the

14  local government fails to approve or deny a properly completed

15  application for a new distribution electric substation within

16  the timeframes set forth, the application shall be deemed

17  automatically approved and the applicant may proceed with

18  construction consistent with its application without

19  interference or penalty. Issuance of such local permit does

20  not relieve the applicant from complying with applicable

21  federal or state laws or regulations and other applicable

22  local land development or building regulations, if any.

23         (b)  The local government shall notify the permit

24  applicant within 30 days after the date the application is

25  submitted as to whether the application is, for administrative

26  purposes only, properly completed and has been properly

27  submitted. Further completeness determinations shall be

28  provided within 15 days after the receipt of additional

29  information. However, such determination shall not be not

30  deemed an approval of the application.

31  


                                  7

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1         (c)  To be effective, a waiver of the timeframes set

 2  forth in this subsection must be voluntarily agreed to by the

 3  utility applicant and the local government. A local government

 4  may request, but not require, a waiver of the timeframes by

 5  the applicant, except that, with respect to a specific

 6  application, a one-time waiver may be required in the case of

 7  a declared local, state, or federal emergency that directly

 8  affects the administration of all permitting activities of the

 9  local government.

10         (d)  The local government may establish reasonable

11  timeframes within which the required information to cure the

12  application deficiency is to be provided or the application

13  will be considered withdrawn or closed.

14         Section 2.  Section 163.3209, Florida Statutes, is

15  created to read:

16         163.3209  Electric transmission and distribution line

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

18  electric transmission or distribution line has been

19  established and constructed, no local government shall require

20  or apply any permits or other approvals or code provisions for

21  or related to vegetation maintenance and tree pruning or

22  trimming within the established right-of-way. The term

23  "vegetation maintenance and tree pruning or trimming" means

24  the mowing of vegetation within the right-of-way, removal of

25  trees or brush within the right-of-way, and selective removal

26  of tree branches that extend within the right-of-way. The

27  provisions of this section do not include the removal of trees

28  outside the right-of-way, which may be allowed in compliance

29  with applicable local ordinances. Prior to conducting

30  scheduled routine vegetation maintenance and tree pruning or

31  trimming activities within an established right-of-way, the


                                  8

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1  utility shall provide the official designated by the local

 2  government with a minimum of 5 business days' advance notice.

 3  Such advance notice is not required for vegetation maintenance

 4  and tree pruning or trimming required to restore electric

 5  service or to avoid an imminent vegetation-caused outage or

 6  when performed at the request of the property owner adjacent

 7  to the right-of-way, provided that the owner has approval of

 8  the local government, if needed. Upon the request of the local

 9  government, the electric utility shall meet with the local

10  government to discuss and submit the utility's vegetation

11  maintenance plan, including the utility's trimming

12  specifications and maintenance practices. Vegetation

13  maintenance and tree pruning or trimming conducted by

14  utilities shall conform to ANSI A300 (Part I)--2001 pruning

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

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

17  Requirements. Vegetation maintenance and tree pruning or

18  trimming conducted by utilities must be supervised by

19  qualified electric utility personnel or licensed contractors

20  trained to conduct vegetation maintenance and tree trimming or

21  pruning consistent with this section or by Certified Arborists

22  certified by the Certification Program of the International

23  Society of Arboriculture. A local government shall not adopt

24  an ordinance or land development regulation that requires the

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

26  height greater than 14 feet in an established electric utility

27  right-of-way or intrude from the side closer than the

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

29  for lines affected by the North American Electric Reliability

30  Council Standard, FAC 003.1 requirement R1.2. This section

31  does not supersede or nullify the terms of specific franchise


                                  9

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1  agreements between an electric utility and a local government

 2  and shall not be construed to limit a local government's

 3  franchising authority. This section does not supersede local

 4  government ordinances or regulations governing planting,

 5  pruning, trimming, or removal of specimen trees or historical

 6  trees, as defined in a local government's ordinances or

 7  regulations, or trees within designated canopied protection

 8  areas. This section shall not apply if a local government

 9  develops, with input from the utility, and the local

10  government adopts, a written plan specifically for vegetation

11  maintenance, tree pruning, tree removal, and tree trimming by

12  the utility within the local government's established

13  rights-of-way and the plan is not inconsistent with the

14  minimum requirements of the National Electrical Safety Code as

15  adopted by the Public Service Commission. Provided, however,

16  such a plan shall not require the planting of a tree or other

17  vegetation that will achieve a height greater than 14 feet in

18  an established electric right-of-way. Vegetation maintenance

19  costs shall be considered recoverable costs.

20         Section 3.  Section 186.0201, Florida Statutes, is

21  created to read:

22         186.0201  Electric substation planning.--Electric

23  utility substations respond to development and, consequently,

24  siting locations cannot be precisely planned years in advance.

25  Nevertheless, on or before June 1 of every year after the

26  effective date of this act, the electric utilities with

27  service areas within each regional planning council shall

28  notify the regional planning council of the utilities' current

29  plans over a 5-year period to site electric substations within

30  the local governments contained within each region, including

31  an identification of whether each electric substation planned


                                  10

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2006 Legislature                          CS for CS for SB 980



 1  within a general area is a distribution or transmission

 2  electric substation, a listing of the proposed substations'

 3  site acreage needs and anticipated capacity, and maps showing

 4  general locations of the planned electric substations. This

 5  information is advisory, shall be included in the regional

 6  planning council's annual report prepared pursuant to s.

 7  186.513, and shall be supplied directly to local governments

 8  requesting the information.

 9         Section 4.  Section 186.513, Florida Statutes, is

10  amended to read:

11         186.513  Reports.--Each regional planning council shall

12  prepare and furnish an annual report on its activities to the

13  state land planning agency as defined in s. 163.3164(20)

14  department and the local general-purpose governments within

15  its boundaries and, upon payment as may be established by the

16  council, to any interested person. The regional planning

17  councils shall make a joint report and recommendations to

18  appropriate legislative committees.

19         Section 5.  Nothing in this act is intended to

20  supersede the provisions of part II of chapter 403, Florida

21  Statutes.

22         Section 6.  This act shall take effect upon becoming a

23  law.

24  

25  

26  

27  

28  

29  

30  

31  


                                  11

CODING: Words stricken are deletions; words underlined are additions.