Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. HB 549, 1st Eng.
                        Barcode 303752
                            CHAMBER ACTION
              Senate                               House
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                                   .         05/03/2007 10:15:13
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       04/26/2007 03:48 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment 
14         Delete lines 122-194,
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16  and insert:  
17         Section 2.  Subsection (4) is added to section 403.502,
18  Florida Statutes, to read:
19         403.502  Legislative intent.--The Legislature finds
20  that the present and predicted growth in electric power
21  demands in this state requires the development of a procedure
22  for the selection and utilization of sites for electrical
23  generating facilities and the identification of a state
24  position with respect to each proposed site. The Legislature
25  recognizes that the selection of sites and the routing of
26  associated transmission lines will have a significant impact
27  upon the welfare of the population, the location and growth of
28  industry, and the use of the natural resources of the state.
29  The Legislature finds that the efficiency of the permit
30  application and review process at both the state and local
31  level would be improved with the implementation of a process
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. HB 549, 1st Eng.
                        Barcode 303752
 1  whereby a permit application would be centrally coordinated
 2  and all permit decisions could be reviewed on the basis of
 3  standards and recommendations of the deciding agencies. It is
 4  the policy of this state that, while recognizing the pressing
 5  need for increased power generation facilities, the state
 6  shall ensure through available and reasonable methods that the
 7  location and operation of electrical power plants will produce
 8  minimal adverse effects on human health, the environment, the
 9  ecology of the land and its wildlife, and the ecology of state
10  waters and their aquatic life and will not unduly conflict
11  with the goals established by the applicable local
12  comprehensive plans. It is the intent to seek courses of
13  action that will fully balance the increasing demands for
14  electrical power plant location and operation with the broad
15  interests of the public. Such action will be based on these
16  premises:
17         (4)  To assure the citizens of Florida that renewable
18  energy sources and technologies, as well as conservation
19  measures, are utilized to the extent reasonably available.
20         Section 3.  Subsections (3) and (4) of section 403.519,
21  Florida Statutes, are amended to read:
22         403.519  Exclusive forum for determination of need.--
23         (3)  The commission shall be the sole forum for the
24  determination of this matter, which accordingly shall not be
25  raised in any other forum or in the review of proceedings in
26  such other forum. In making its determination, the commission
27  shall take into account the need for electric system
28  reliability and integrity, the need for adequate electricity
29  at a reasonable cost, the need for fuel diversity and supply
30  reliability, and whether the proposed plant is the most
31  cost-effective alternative available, and whether renewable
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. HB 549, 1st Eng.
                        Barcode 303752
 1  energy sources and technologies, as well as conservation
 2  measures, are utilized to the extent reasonably available. The
 3  commission shall also expressly consider the conservation
 4  measures taken by or reasonably available to the applicant or
 5  its members which might mitigate the need for the proposed
 6  plant and other matters within its jurisdiction which it deems
 7  relevant. The commission's determination of need for an
 8  electrical power plant shall create a presumption of public
 9  need and necessity and shall serve as the commission's report
10  required by s. 403.507(4). An order entered pursuant to this
11  section constitutes final agency action.
12         (4)  In making its determination on a proposed
13  electrical power plant using nuclear materials or synthesis
14  gas produced by integrated gasification combined cycle power
15  plant as fuel, the commission shall hold a hearing within 90
16  days after the filing of the petition to determine need and
17  shall issue an order granting or denying the petition within
18  135 days after the date of the filing of the petition. The
19  commission shall be the sole forum for the determination of
20  this matter and the issues addressed in the petition, which
21  accordingly shall not be reviewed in any other forum, or in
22  the review of proceedings in such other forum. In making its
23  determination to either grant or deny the petition, the
24  commission shall consider the need for electric system
25  reliability and integrity, including fuel diversity, the need
26  for base-load generating capacity, and the need for adequate
27  electricity at a reasonable cost, and whether renewable energy
28  sources and technologies, as well as conservation measures,
29  are utilized to the extent reasonably available.
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