1

A bill to be entitled

2

An act relating to electric utilities; amending s. 74.051,

3

F.S.; requiring a court to conduct a hearing and issue a

4

final judgment on a petition for a taking within specified

5

times after a utility's request for such hearing; amending

6

s. 186.801, F.S.; requiring a local government to advise

7

the Public Service Commission and utility of a need for

8

amendments to the local government's adopted comprehensive

9

plan or zoning ordinances for use of an electrical plant

10

site; amending s. 253.02, F.S.; authorizing the Secretary

11

of Environmental Protection or the board of a

12

jurisdictional water management district to grant

13

easements across lands owned by the Board of Trustees of

14

the Internal Improvement Trust Fund under certain

15

conditions; amending s. 253.034, F.S.; granting a utility

16

the use of nonsovereignty state-owned lands upon a showing

17

of competent substantial evidence that the use is

18

reasonable; establishing criteria relating to the title,

19

distribution, and cost of such lands; amending s. 337.401,

20

F.S.; requiring the Department of Environmental Protection

21

to adopt rules relating to the placement of and access to

22

aerial and underground electric transmission lines having

23

certain specifications; defining the term "base-load

24

generating facilities"; amending s. 366.93, F.S.; revising

25

the definitions of "cost" and "preconstruction"; requiring

26

the Public Service Commission to establish rules relating

27

to cost recovery for the construction of new, expanded, or

28

relocated electrical transmission lines and facilities for

29

a nuclear power plant; amending ss. 380.23 and 403.031,

30

F.S.; conforming cross-references; amending s. 403.503,

31

F.S.; defining the term "alternate corridor" and

32

redefining the term "corridor" for purposes of the Florida

33

Electrical Power Plant Siting Act; amending s. 403.504,

34

F.S.; requiring the Department of Environmental Protection

35

to determine whether a proposed alternate corridor is

36

acceptable; amending s. 403.506, F.S.; exempting an

37

electric utility from obtaining certification under the

38

Florida Electrical Power Plant Siting Act before

39

constructing facilities for a power plant using nuclear

40

materials as fuel; providing that a utility may obtain

41

separate licenses, permits, and approvals for such

42

construction under certain circumstances; amending s.

43

403.50665, F.S.; requiring an application to include a

44

statement on the consistency of directly nonlinear

45

associated facilities constituting a "development";

46

requiring the Department of Environmental Protection to

47

address at the certification hearing the issue of

48

compliance with land use plans and zoning ordinances for a

49

proposed substation located in or along an alternate

50

corridor; exempting directly associated linear facilities

51

from local government land use determinations; creating s.

52

403.5081, F.S., relating to a proposal for an alternative

53

transmission line corridor; providing a schedule and

54

certification process; requiring a party to file such

55

proposal within a specified period after an application is

56

filed; requiring the party to file a notice of proposal

57

with the administrative law judge, all parties, newly

58

affected agencies, and local governments; requiring that

59

such notice include certain information relating to the

60

alternate corridor; requiring the applicant and the

61

Department of Environmental Protection to file a notice

62

accepting or rejecting the proposal within 7 days after

63

receiving the notice; requiring that a certification

64

hearing and public hearing be held if the proposal is

65

rejected; requiring that a certification hearing be

66

rescheduled if the proposal is accepted; requiring that a

67

rescheduled certification hearing be held if the

68

Department of Environmental Protection determines that the

69

data are incomplete; authorizing the administrative law

70

judge to adjust the schedule if necessary; requiring that

71

the publication of all notices be in compliance with the

72

requirements for public notice; requiring an interested

73

party to provide data to certain agencies; requiring the

74

agencies to make recommendations to the Department of

75

Environmental Protection within 15 days after receiving

76

the data; requiring the Department of Environmental

77

Protection to determine if the data are complete;

78

requiring the party to submit additional data if the

79

department determines such data are incomplete; providing

80

that the proposal is considered withdrawn if the

81

Department of Environmental Protection determines that the

82

data remain incomplete within 14 days after receiving the

83

additional data; requiring an affected agency to submit a

84

supplementary report within a specified time after the

85

department makes such determination; providing that an

86

agency having a collegial body as agency head may submit a

87

draft of the report to the Department of Environmental

88

Protection by the specified deadline; requiring the

89

department to include an analysis of the agencies' reports

90

in its project analysis; prohibiting a party from filing

91

for an alternate corridor unless the application is

92

amended; authorizing the administrative law judge to

93

authorize a different starting or ending point based upon

94

a showing of good cause; prohibiting the presentation of

95

evidence at a certification hearing if the proposal was

96

improperly noticed; placing the burden of proof on the

97

party proposing the alternate corridor; requiring the

98

board, consisting of the Governor and Cabinet, to certify

99

an alternate corridor if it is accepted by the applicant

100

and the Department of Environmental Protection and if it

101

satisfies certain criteria; amending s. 403.509, F.S.;

102

requiring the board to certify the corridor having the

103

least adverse impact; authorizing the board to deny

104

certification or allow a party to amend its proposal;

105

amending s. 403.5115, F.S.; requiring the applicant

106

proposing the alternate corridor to publish all notices

107

relating to the application; requiring that such notices

108

comply with certain requirements; requiring that notices

109

be published at least 45 days before the rescheduled

110

certification hearing; amending s. 403.5175, F.S.;

111

conforming a cross-reference; amending s. 403.518, F.S.;

112

authorizing the Department of Environmental Protection to

113

charge an application fee for an alternate corridor;

114

authorizing the department to waive all or a portion of

115

such fee based on the applicant's economic circumstances;

116

amending ss. 403.519 and 403.814, F.S., relating to

117

determinations of need and general permits; conforming

118

provisions to changes made by the act; providing an

119

effective date.

120

121

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

122

123

     Section 1.  Present subsection (3) of section 74.051,

124

Florida Statutes, is redesignated as subsection (4), and a new

125

subsection (3) is added to that section, to read:

126

     74.051  Hearing on order of taking.--

127

     (3) If a defendant requests a hearing and the petitioner is

128

an electric utility that is seeking to appropriate property

129

necessary for an electric generation plant, an associated

130

facility of such plant, an electric substation, or a power line,

131

the court shall conduct the hearing no more than 120 days after

132

the petition is filed. The court shall issue its final judgment

133

no more than 30 days after the hearing.

134

     Section 2.  Paragraph (e) of subsection (2) of section

135

186.801, Florida Statutes, is amended to read:

136

     186.801  Ten-year site plans.--

137

     (2)  Within 9 months after the receipt of the proposed plan,

138

the commission shall make a preliminary study of such plan and

139

classify it as "suitable" or "unsuitable." The commission may

140

suggest alternatives to the plan. All findings of the commission

141

shall be made available to the Department of Environmental

142

Protection for its consideration at any subsequent electrical

143

power plant site certification proceedings. It is recognized that

144

10-year site plans submitted by an electric utility are tentative

145

information for planning purposes only and may be amended at any

146

time at the discretion of the utility upon written notification

147

to the commission. A complete application for certification of an

148

electrical power plant site under chapter 403, when such site is

149

not designated in the current 10-year site plan of the applicant,

150

shall constitute an amendment to the 10-year site plan. In its

151

preliminary study of each 10-year site plan, the commission shall

152

consider such plan as a planning document and shall review:

153

     (e)  The views of appropriate local, state, and federal

154

agencies, including the views of the appropriate water management

155

district as to the availability of water and its recommendation

156

as to the use by the proposed plant of salt water or fresh water

157

for cooling purposes. The local government of the jurisdiction

158

where a specifically identified electrical power plant site is

159

located shall advise the commission and the utility if there is a

160

need to amend the local government's comprehensive plan adopted

161

pursuant to part II of chapter 163 or the zoning ordinances to

162

allow for use of the site. If a local government fails to

163

identify such a need, a site identified in a utility's plan

164

submitted in 2 or more consecutive years is presumed, for

165

purposes of s. 403.50665, to be consistent and in compliance with

166

the local government's land use plans and zoning ordinances.

167

     Section 3.  Subsection (2) of section 253.02, Florida

168

Statutes, is amended to read:

169

     253.02  Board of trustees; powers and duties.--

170

     (2)(a) The board of trustees shall not sell, transfer, or

171

otherwise dispose of any lands the title to which is vested in

172

the board of trustees except by vote of at least three of the

173

four trustees and as provided in this subsection.

174

     (b) In order to promote efficient, effective, and

175

economical management of state lands and utility services and if

176

the Public Service Commission has determined a need exists or the

177

Federal Energy Regulatory Commission has granted a Certificate of

178

Public Convenience and Necessity, the authority to grant

179

easements for rights-of-way over, across, and upon lands the

180

title to which is vested in the board of trustees for the

181

construction and operation of natural gas pipeline transmission

182

and linear facilities, including electric transmission and

183

distribution facilities, is delegated to:

184

     1. The Secretary of Environmental Protection for facilities

185

subject to part II of chapter 403; or

186

     2. The Secretary of Environmental Protection or the

187

governing board of a jurisdictional water management district,

188

whichever has the authority under part IV of chapter 373 to

189

regulate facilities that are not subject to part II of chapter

190

403.

191

192

The board of trustees may review and approve such uses of state

193

lands if delegation would be inappropriate in regard to the

194

amount or location of state lands involved.

195

     Section 4.  Subsection (14) is added to section 253.034,

196

Florida Statutes, to read:

197

     253.034  State-owned lands; uses.--

198

     (14)(a) If a public utility, regional transmission

199

organization, or natural gas company presents competent and

200

substantial evidence that its use of nonsovereignty state-owned

201

lands is reasonable based upon a consideration of economic and

202

environmental factors, including an assessment of practicable

203

alternative alignments and assurance that the lands will remain

204

in their predominantly natural condition, the public utility,

205

regional transmission organization, or natural gas company may be

206

granted fee simple title, easements, or other interests in

207

nonsovereignty state-owned lands title to which is vested in the

208

board of trustees, a water management district, or any other

209

agency in the state for:

210

     1. Electric transmission and distribution lines;

211

     2. Natural gas pipelines; or

212

     3. Other linear facilities for which the Public Service

213

Commission has determined a need exists or the Federal Energy

214

Regulatory Commission has issued a Certificate of Public

215

Convenience and Necessity.

216

     (b) In exchange for less than a fee simple interest

217

acquired pursuant to this subsection, the grantee shall vest in

218

the grantor the same fee simple interest to other available land

219

that is at least 1.5 times the size of the land acquired by the

220

grantee. The grantor shall approve the property with a less than

221

fee simple interest on its behalf based on a determination that

222

the economic and ecological or recreational value is at least

223

equivalent to that of the property transferred to the public

224

utility, regional transmission organization, or natural gas

225

company.

226

     (c) In exchange for a fee simple interest acquired pursuant

227

to this subsection, the grantee shall vest in the grantor a fee

228

simple title to other available land that is at least 2 times the

229

size of the land acquired by the grantee. The grantor shall

230

approve the land to be acquired on its behalf based on a

231

determination that the economic and ecological or recreational

232

value is at least equivalent to that of the property transferred

233

to the public utility, regional transmission organization, or

234

natural gas company.

235

     (d) The grantee may, subject to the grantor's approval, pay

236

the fair market value of the state-owned land plus one-half of

237

the cost differential between the cost of constructing the

238

facility and the cost of constructing the facility on state-owned

239

land, up to a maximum of twice the fair market value of the land

240

acquired by the grantee. The grantor must use these moneys to

241

acquire fee simple or less than fee simple interest in other

242

available land.

243

     Section 5.  Subsection (1) of section 337.401, Florida

244

Statutes, is amended to read:

245

     337.401  Use of right-of-way for utilities subject to

246

regulation; permit; fees.--

247

     (1)  The department and local governmental entities,

248

referred to in ss. 337.401-337.404 as the "authority," that have

249

jurisdiction and control of public roads or publicly owned rail

250

corridors are authorized to prescribe and enforce reasonable

251

rules or regulations with reference to the placing and

252

maintaining along, across, or on any road or publicly owned rail

253

corridors under their respective jurisdictions any electric

254

transmission, telephone, telegraph, or other communications

255

services lines; pole lines; poles; railways; ditches; sewers;

256

water, heat, or gas mains; pipelines; fences; gasoline tanks and

257

pumps; or other structures hereinafter referred to in this

258

section as the "utility." The department shall adopt rules that

259

allow placement of and access to aerial and underground electric

260

utility transmission lines designed to operate at 69 kilovolts or

261

more which are adjacent to and within the right-of-way of any

262

department-controlled public roads, including longitudinally

263

within limited access facilities, to the extent allowed by

264

federal law and if access and placement complies with the minimum

265

clear zone and other safety standards and are needed to

266

accommodate the additional electrical transfer capacity on the

267

transmission grid resulting from new base-load generating

268

facilities. As used in this subsection, the term "base-load

269

generating facilities" means electrical power plants that are

270

certified under part II of chapter 403. The department may enter

271

into a permit-delegation agreement with a governmental entity if

272

issuance of a permit is based on requirements that the department

273

finds will ensure the safety and integrity of facilities of the

274

Department of Transportation; however, the permit-delegation

275

agreement does not apply to facilities of electric utilities as

276

defined in s. 366.02(2).

277

     Section 6.  Section 366.93, Florida Statutes, is amended to

278

read:

279

     366.93  Cost recovery for the siting, design, licensing, and

280

construction of nuclear and integrated gasification combined

281

cycle power plants.--

282

     (1)  As used in this section, the term:

283

     (a)  "Cost" includes, but is not limited to, all capital

284

investments, including rate of return, any applicable taxes, and

285

all expenses, including operation and maintenance expenses,

286

related to or resulting from the siting, licensing, design,

287

construction, or operation of the nuclear power plant and any

288

new, enlarged, or relocated electrical transmission lines or

289

facilities of any size that are necessary to serve the nuclear or

290

integrated gasification combined cycle power plant.

291

     (b)  "Electric utility" or "utility" has the same meaning as

292

that provided in s. 366.8255(1)(a).

293

     (c)  "Integrated gasification combined cycle power plant" or

294

"plant" is an electrical power plant as defined in s. 403.503(14)

295

which s. 403.503(13) that uses synthesis gas produced by

296

integrated gasification technology.

297

     (c)(d) "Nuclear power plant" or "plant" means is an

298

electrical power plant, as defined in s. 403.503(14), which s.

299

403.503(13) that uses nuclear materials for fuel.

300

     (d)(e) "Power plant" or "plant" means a nuclear power plant

301

or an integrated gasification combined cycle power plant.

302

     (e)(f) "Preconstruction" is that period of time after a

303

site, including any related electrical transmission lines or

304

facilities, has been selected through and including the date the

305

utility completes site-clearing site clearing work.

306

Preconstruction costs shall be afforded deferred accounting

307

treatment and shall accrue a carrying charge equal to the

308

utility's allowance for funds during construction (AFUDC) rate

309

until recovered in rates.

310

     (2)  Within 6 months after the enactment of this act, the

311

commission shall establish, by rule, alternative cost recovery

312

mechanisms for the recovery of costs incurred in the siting,

313

design, licensing, and construction of a nuclear power plant,

314

including new, expanded, or relocated electrical transmission

315

lines and facilities that are necessary to serve the nuclear or

316

integrated gasification combined cycle power plant. Such

317

mechanisms shall be designed to promote utility investment in

318

nuclear or integrated gasification combined cycle power plants

319

and allow for the recovery in rates of all prudently incurred

320

costs, and shall include, but need are not be limited to:

321

     (a)  Recovery through the capacity cost recovery clause of

322

any preconstruction costs.

323

     (b)  Recovery through an incremental increase in the

324

utility's capacity cost recovery clause rates of the carrying

325

costs on the utility's projected construction cost balance

326

associated with the nuclear or integrated gasification combined

327

cycle power plant. To encourage investment and provide certainty,

328

for nuclear or integrated gasification combined cycle power plant

329

need petitions submitted on or before December 31, 2010,

330

associated carrying costs shall be equal to the pretax AFUDC in

331

effect upon this act becoming law. For nuclear or integrated

332

gasification combined cycle power plants for which need petitions

333

are submitted after December 31, 2010, the utility's existing

334

pretax AFUDC rate is presumed to be appropriate unless determined

335

otherwise by the commission in the determination of need for the

336

nuclear or integrated gasification combined cycle power plant.

337

     (3)  After a petition for determination of need is granted,

338

a utility may petition the commission for cost recovery as

339

permitted by this section and commission rules.

340

     (4)  When the nuclear or integrated gasification combined

341

cycle power plant is placed in commercial service, the utility

342

shall be allowed to increase its base rate charges by the

343

projected annual revenue requirements of the nuclear or

344

integrated gasification combined cycle power plant based on the

345

jurisdictional annual revenue requirements of the plant for the

346

first 12 months of operation. The rate of return on capital

347

investments shall be calculated using the utility's rate of

348

return last approved by the commission prior to the commercial

349

inservice date of the nuclear or integrated gasification combined

350

cycle power plant. If any existing generating plant is retired as

351

a result of operation of the nuclear or integrated gasification

352

combined cycle power plant, the commission shall allow for the

353

recovery, through an increase in base rate charges, of the net

354

book value of the retired plant over a period not to exceed 5

355

years.

356

     (5)  The utility shall report to the commission annually the

357

budgeted and actual costs as compared to the estimated inservice

358

cost of the nuclear or integrated gasification combined cycle

359

power plant provided by the utility pursuant to s. 403.519(4),

360

until the commercial operation of the nuclear or integrated

361

gasification combined cycle power plant. The utility shall

362

provide such information on an annual basis following the final

363

order by the commission approving the determination of need for

364

the nuclear or integrated gasification combined cycle power

365

plant, with the understanding that some costs may be higher than

366

estimated and other costs may be lower.

367

     (6) If In the event the utility elects not to complete or

368

is precluded from completing construction of the nuclear power

369

plant, including any new, expanded, or relocated electrical

370

transmission lines or facilities or integrated gasification

371

combined cycle power plant, the utility shall be allowed to

372

recover all prudent preconstruction and construction costs

373

incurred following the commission's issuance of a final order

374

granting a determination of need for the nuclear power plant and

375

electrical transmission lines and facilities or integrated

376

gasification combined cycle power plant. The utility shall

377

recover such costs through the capacity cost recovery clause over

378

a period equal to the period during which the costs were incurred

379

or 5 years, whichever is greater. The unrecovered balance during

380

the recovery period will accrue interest at the utility's

381

weighted average cost of capital as reported in the commission's

382

earnings surveillance reporting requirement for the prior year.

383

     Section 7.  Paragraph (c) of subsection (3) of section

384

380.23, Florida Statutes, is amended to read:

385

     380.23  Federal consistency.--

386

     (3)  Consistency review shall be limited to review of the

387

following activities, uses, and projects to ensure that such

388

activities, uses, and projects are conducted in accordance with

389

the state's coastal management program:

390

     (c)  Federally licensed or permitted activities affecting

391

land or water uses when such activities are in or seaward of the

392

jurisdiction of local governments required to develop a coastal

393

zone protection element as provided in s. 380.24 and when such

394

activities involve:

395

     1.  Permits and licenses required under the Rivers and

396

Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.

397

     2.  Permits and licenses required under the Marine

398

Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.

399

1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.

400

     3.  Permits and licenses required under the Federal Water

401

Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as

402

amended, unless such permitting activities have been delegated to

403

the state pursuant to said act.

404

     4.  Permits and licenses relating to the transportation of

405

hazardous substance materials or transportation and dumping which

406

are issued pursuant to the Hazardous Materials Transportation

407

Act, 49 U.S.C. ss. 1501 et seq., as amended, or 33 U.S.C. s.

408

1321, as amended.

409

     5.  Permits and licenses required under 15 U.S.C. ss. 717-

410

717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 1331-

411

1356 for construction and operation of interstate gas pipelines

412

and storage facilities.

413

     6.  Permits and licenses required for the siting and

414

construction of any new electrical power plants as defined in s.

415

403.503(14) s. 403.503(13), as amended, and the licensing and

416

relicensing of hydroelectric power plants under the Federal Power

417

Act, 16 U.S.C. ss. 791a et seq., as amended.

418

     7.  Permits and licenses required under the Mining Law of

419

1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands

420

Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral

421

Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as

422

amended; the Federal Land Policy and Management Act, 43 U.S.C.

423

ss. 1701 et seq., as amended; the Mining in the Parks Act, 16

424

U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43

425

U.S.C. ss. 1331 et seq., as amended, for drilling, mining,

426

pipelines, geological and geophysical activities, or rights-of-

427

way on public lands and permits and licenses required under the

428

Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as

429

amended.

430

     8.  Permits and licenses for areas leased under the OCS

431

Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including

432

leases and approvals of exploration, development, and production

433

plans.

434

     9.  Permits and licenses required under the Deepwater Port

435

Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.

436

     10.  Permits required for the taking of marine mammals under

437

the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.

438

s. 1374.

439

     Section 8.  Subsection (20) of section 403.031, Florida

440

Statutes, is amended to read:

441

     403.031  Definitions.--In construing this chapter, or rules

442

and regulations adopted pursuant hereto, the following words,

443

phrases, or terms, unless the context otherwise indicates, have

444

the following meanings:

445

     (20)  "Electrical power plant" means, for purposes of this

446

part of this chapter, any electrical generating facility that

447

uses any process or fuel and that is owned or operated by an

448

electric utility, as defined in s. 403.503(14) s. 403.503(13),

449

and includes any associated facility that directly supports the

450

operation of the electrical power plant.

451

     Section 9.  Present subsections (3) through (30) of section

452

403.503, Florida Statutes, are redesignated as subsections (4)

453

through (31), respectively, a new subsection (3) is added to that

454

section, and present subsection (10) of that section is amended,

455

to read:

456

     403.503  Definitions relating to Florida Electrical Power

457

Plant Siting Act.--As used in this act:

458

     (3) "Alternate corridor" means an area that is proposed by

459

the applicant or a third party within which all or part of an

460

associated electrical transmission line right-of-way is to be

461

located and that is different from the preferred transmission

462

line corridor proposed by the applicant. The width of the

463

alternate corridor proposed for certification for an associated

464

electrical transmission line may be the width of the proposed

465

right-of-way or a wider boundary not to exceed a width of 1 mile.

466

The area within the alternate corridor may be further restricted

467

as a condition of certification. The alternate corridor may

468

include alternate electrical substation sites if the applicant

469

has proposed an electrical substation as part of the portion of

470

the proposed electrical transmission line.

471

     (11)(10) "Corridor" means the proposed area within which an

472

associated linear facility right-of-way is to be located. The

473

width of the corridor proposed by an applicant for certification

474

as an associated facility, at the option of the applicant, may be

475

the width of the right-of-way or a wider boundary, not to exceed

476

a width of 1 mile. The area within the corridor in which a right-

477

of-way may be located may be further restricted by a condition of

478

certification. After all property interests required for the

479

right-of-way have been acquired by the licensee, the boundaries

480

of the area certified shall narrow to only that land within the

481

boundaries of the right-of-way. A corridor proposed for

482

certification must be addressed in the application, in amendments

483

to the application filed under s. 403.5064(3), and in notices of

484

acceptance filed by an applicant and the department pursuant to

485

s. 403.5081.

486

     Section 10.  Present subsections (9) through (12) of section

487

403.504, Florida Statutes, are redesignated as subsections (10)

488

through (13), respectively, and a new subsection (9) is added to

489

that section, to read:

490

     403.504  Department of Environmental Protection; powers and

491

duties enumerated.--The department shall have the following

492

powers and duties in relation to this act:

493

     (9) To determine whether an alternate corridor proposed for

494

consideration under s. 403.5081 is acceptable.

495

     Section 11.  Subsection (3) is added to section 403.506,

496

Florida Statutes, to read:

497

     403.506  Applicability, thresholds, and certification.--

498

     (3) An electric utility may obtain separate licenses,

499

permits, and approvals for the construction of facilities

500

necessary to construct an electrical power plant without first

501

obtaining certification under this act if the utility intends to

502

locate, license, and construct a proposed or expanded electrical

503

power plant that uses nuclear materials as fuel. Such facilities

504

may include, but are not limited to, access and onsite roads,

505

rail lines, electrical transmission facilities to support

506

construction, and facilities necessary for waterborne delivery of

507

construction materials and project components. This exemption

508

applies to such facilities regardless of whether the facilities

509

are used for operation of the power plant. The applicant shall

510

file with the department a statement that declares that the

511

construction of such facilities is necessary for the timely

512

construction of the proposed electrical power plant and

513

identifies those facilities that the applicant intends to seek

514

licenses for and construct prior to or separate from

515

certification of the project. The facilities may be located

516

within or off of the site for the proposed electrical power

517

plant. The filing of an application under this act does not

518

affect other applications for separate licenses which are pending

519

at the time of filing the application. Furthermore, the filing of

520

an application does not prevent an electric utility from seeking

521

separate licenses for facilities that are necessary to construct

522

the electrical power plant. Licenses, permits, or approvals

523

issued by any state, regional, or local agency for such

524

facilities shall be incorporated by the department into a final

525

certification upon completion of construction. Any facilities

526

necessary for construction of the electrical power plant shall

527

become part of the certified electrical power plant upon

528

completion of the electrical power plant's construction. The

529

exemption in this subsection does not require or authorize agency

530

rulemaking, and any action taken under this subsection is not

531

subject to chapter 120.

532

     Section 12.  Subsections (1), (2), (3), and (6) of section

533

403.50665, Florida Statutes are amended, and subsections (7) and

534

(8) are added to that section, to read:

535

     403.50665  Land use consistency.--

536

     (1)  The applicant shall include in the application a

537

statement on the consistency of the site, or any directly

538

associated nonlinear facilities that constitute a "development,"

539

as defined by s. 380.04, with existing land use plans and zoning

540

ordinances that were in effect on the date the application was

541

filed and a full description of such consistency. However, such

542

statement is not required for a specifically identified

543

electrical power plant site under s. 186.801(2)(e).

544

     (2)  Within 45 days after the filing of the application,

545

each local government shall file a determination with the

546

department, the applicant, the administrative law judge, and all

547

parties on the consistency of the site or any directly associated

548

nonlinear facilities with existing land use plans and zoning

549

ordinances that were in effect on the date the application was

550

filed, based on the information provided in the application. The

551

local government may issue its determination up to 35 days later

552

if the local government has requested additional information on

553

land use and zoning consistency as part of the local government's

554

statement on completeness of the application submitted pursuant

555

to s. 403.5066(1)(a). Notice of the consistency determination

556

shall be published in accordance with the requirements of s.

557

403.5115.

558

     (3)  If the local government issues a determination that the

559

proposed electrical power plant and any directly associated

560

nonlinear facility is not consistent or in compliance with local

561

land use plans and zoning ordinances, the applicant may apply to

562

the local government for the necessary local approval to address

563

the inconsistencies in the local government's determination. If

564

the applicant makes such an application to the local government,

565

the time schedules under this act shall be tolled until the local

566

government issues its revised determination on land use and

567

zoning or the applicant otherwise withdraws its application to

568

the local government. If the applicant applies to the local

569

government for necessary local land use or zoning approval, the

570

local government shall issue a revised determination within 30

571

days following the conclusion of that local proceeding, and the

572

time schedules and notice requirements under this act shall apply

573

to such revised determination.

574

     (6)  If it is determined by the local government that the

575

proposed site or directly associated nonlinear facility does

576

conform with existing land use plans and zoning ordinances in

577

effect as of the date of the application and no petition has been

578

filed, the responsible zoning or planning authority shall not

579

thereafter change such land use plans or zoning ordinances so as

580

to foreclose construction and operation of the proposed site or

581

directly associated nonlinear facilities unless certification is

582

subsequently denied or withdrawn.

583

     (7) If the department determines that an application for an

584

alternate corridor, accepted pursuant to s. 403.5081, is

585

complete, and if a portion of the applicant's preferred corridor

586

contains a location for a proposed substation and the proposed

587

alternate corridor contains a different electrical substation

588

location than that proposed by the applicant, the issue of

589

compliance with existing land use plans and zoning ordinances for

590

the proposed substation location in or along the alternate

591

corridor must be addressed at the site-certification hearing.

592

     (8) A directly associated linear facility, including an

593

electrical transmission line, pipeline, or railway line, is

594

exempt from local government land use plans and zoning ordinances

595

under part II of chapter 163, and is not subject to local

596

government land use determinations or hearings held under this

597

section.

598

     Section 13.  Section 403.5081, Florida Statutes, is created

599

to read:

600

     403.5081 Alternate transmission line corridors.--

601

     (1) A party may, within 112 days after an application is

602

filed, propose one or more alternate transmission line corridor

603

routes for consideration under this act. An application for an

604

alternate corridor may not be filed for any other linear

605

facilities. The alternate corridor route may be for all or a

606

portion of the applicant's proposed corridor route, but must have

607

the same starting and ending points, and intermediate substation

608

or substation expansions, if any, as those proposed by the

609

applicant. If more than one alternate corridor is proposed by a

610

party, the party must designate which of the alternate corridors

611

is the primary alternate corridor and which is the secondary

612

alternate corridor.

613

     (a) A notice proposing an alternate corridor must be filed

614

with the administrative law judge, all parties, any newly

615

affected agencies, and any local governments within which the

616

proposed alternate corridor is located. The notice must include

617

the most recent United States Geological Survey 1:24,000

618

quadrangle maps specifically delineating the corridor boundaries,

619

a description of the proposed alternate corridor, and a statement

620

of the reasons the proposed alternate corridor should be

621

certified.

622

     (b)1. Within 7 days after the notice is received, the

623

applicant and the department shall file a notice accepting or

624

rejecting the proposal for an alternate corridor. The notice must

625

be filed with the administrative law judge and all parties. The

626

acceptance of a proposed alternate corridor by the applicant may

627

include the acceptance of a proposed alternate substation

628

location, at the applicant's option. If the alternate corridor is

629

rejected by the applicant or department, the certification

630

hearing and the public hearings must be held as scheduled. If

631

both the applicant and the department accept a proposed alternate

632

corridor for consideration, the certification hearing must be

633

rescheduled as provided in this paragraph, if necessary. The

634

alternate corridor must be accepted by both the applicant and the

635

department to receive further consideration.

636

     2. If the certification hearing is rescheduled, it must be

637

held no more than 90 days after the previously scheduled

638

certification hearing. If the data submitted under paragraph (d)

639

are determined to be incomplete, the rescheduled certification

640

hearing shall be held no more than 105 days after the previously

641

scheduled certification hearing. If the alternate corridor

642

crosses the jurisdiction of a local government that was not

643

previously affected and, as a result, additional time is needed,

644

the schedule provided in this subsection shall be adjusted

645

accordingly by the administrative law judge to allow the newly

646

affected local government time to prepare a report pursuant to s.

647

403.507.

648

     (c) Notice for the filing of the proposed alternate

649

corridor, the revised time schedules, the deadline for newly

650

affected persons and agencies to file notice of intent to become

651

a party, the rescheduled hearing date, and the proceedings shall

652

be published in accordance with the requirements in s. 403.5115.

653

     (d) Within 21 days after the department and the applicant

654

accept an alternate corridor, the party proposing an alternate

655

corridor shall provide all data required under the department's

656

rules and approved application forms to the agencies listed in s.

657

403.507(2) and newly affected agencies.

658

     (e)1. An agency that is reviewing the data must advise the

659

department of any issues concerning the completeness of the data

660

relating to the alternate corridor within 15 days after the data

661

are submitted.

662

     2. Within 22 days after the data are submitted, the

663

department shall determine whether the data are complete. If the

664

department determines that the data are incomplete, the party

665

proposing the alternate corridor must submit additional data to

666

cure the incompleteness. This additional data must be submitted

667

within 14 days after the department determines the data to be

668

incomplete.

669

     3. If the department, within 14 days after the additional

670

data are submitted, determines that the data remain incomplete,

671

the proposal for an alternate corridor is considered withdrawn.

672

The department may base its determination on recommendations

673

submitted by the affected agencies.

674

     (f) An agency listed in s. 403.507(2) and any newly

675

affected agency shall file a supplementary report with the

676

applicant and the department no later than 24 days after the data

677

are determined to be complete.

678

     (g) The agency report must include the information required

679

under s. 403.507(2) and (3).

680

     (h) If an agency required to submit a report pursuant to

681

this section has a collegial body as its agency head and the

682

agency's internal procedures require such report to be reviewed

683

by its agency head prior to finalization, the agency may submit a

684

draft version of the report to the department by the deadline

685

provided in paragraph (f). However, the agency shall submit a

686

final version of the report to the department after review by the

687

agency head and no later than 7 days after the deadline provided

688

in paragraph (f).

689

     (i) The department shall include analysis of the agencies'

690

supplemental reports in its project analysis that must be filed

691

pursuant to s. 403.507(5).

692

     (2) If the original date for the certification hearing is

693

rescheduled as a result of the acceptance of an alternate

694

corridor, a party may not file an additional proposal for an

695

alternate corridor. However, if an applicant submits an amendment

696

to its application which changes the alignment of the proposed

697

corridor, the certification hearing must be rescheduled to allow

698

a party time to propose an alternate corridor to the realigned

699

corridor. A proposal for an alternate corridor shall have the

700

same starting and ending points as the realigned portion of the

701

corridor unless the administrative law judge, based upon a

702

showing of good cause, authorizes otherwise.

703

     (3)(a) Notwithstanding the rejection of a proposal for an

704

alternate corridor by the applicant or the department, any party

705

may present evidence at the certification hearing to show that a

706

corridor otherwise appropriate for certification does not satisfy

707

the criteria in s. 403.509(3) or that a rejected alternate

708

corridor satisfies the criteria in that section. Evidence may not

709

be admitted at the certification hearing unless the notice for

710

the alternate corridor was filed no later than 112 days after the

711

filing of the application or by the submission of an amendment to

712

the application. The board shall consider rejected alternate

713

corridors pursuant to s. 403.509(3).

714

     (b) A party that proposes an alternate corridor has the

715

burden of proving that the alternate corridor satisfies the

716

certification criteria. Under this act, an applicant or agency

717

that is not proposing an alternate corridor is not required to

718

submit data in support of the alternate corridor.

719

     (4) The board shall certify an alternate corridor if it is

720

accepted by the applicant and the department pursuant to a notice

721

of acceptance, and if the board determines that the alternate

722

corridor satisfies the criteria in s. 403.509(3).

723

     Section 14.  Paragraph (d) of subsection (3) of section

724

403.509, Florida Statutes, is amended, present subsections (4)

725

through (6) of that section, are redesignated as subsections (5)

726

through (7), respectively, and a new subsection (4) is added to

727

that section, to read:

728

     403.509  Final disposition of application.--

729

     (3)  In determining whether an application should be

730

approved in whole, approved with modifications or conditions, or

731

denied, the board, or secretary when applicable, shall consider

732

whether, and the extent to which, the location of the electrical

733

power plant and directly associated facilities and their

734

construction and operation will:

735

     (d)  Meet the electrical energy needs of the state in an

736

orderly, reliable, and timely fashion.

737

     (4)(a) The board shall certify a transmission line corridor

738

that meets the criteria of this section. If more than one

739

transmission line corridor satisfies the criteria for

740

certification, the board shall certify the transmission line

741

corridor that has the least adverse impact, including costs, with

742

respect to the criteria provided in subsection (3).

743

     (b) If the board finds that an alternate corridor, rejected

744

pursuant to s. 403.5081, satisfies the criteria of subsection (3)

745

and has the least adverse impact compared to other corridors that

746

satisfy the criteria, the board may deny certification or allow

747

the applicant to amend its application.

748

     (c) If the board finds that two or more corridors

749

appropriate for certification have the least adverse impact,

750

including costs, and the corridors are substantially equal in

751

impact, the board shall certify the corridor preferred by the

752

applicant.

753

     Section 15.  Subsection (5) is added to section 403.5115,

754

Florida Statutes, to read:

755

     403.5115  Public notice.--

756

     (5) An applicant shall publish public notices concerning

757

the filing of a proposal for an alternate corridor; the route of

758

the alternate corridor; the revised time schedules, if any; the

759

filing deadline for a petition to become a party; and the date of

760

the rescheduled certification hearing, if necessary. For purposes

761

of this subsection, all notices must be published in a newspaper

762

or newspapers of general circulation within the county or

763

counties affected by the proposed alternate corridor and must

764

comply with the requirements provided in subsection (2). The

765

notices must be published at least 45 days before the date of the

766

rescheduled certification hearing.

767

     Section 16.  Subsection (1) of section 403.5175, Florida

768

Statutes, is amended to read:

769

     403.5175  Existing electrical power plant site

770

certification.--

771

     (1)  An electric utility that owns or operates an existing

772

electrical power plant as defined in s. 403.503(14) s.

773

403.503(13) may apply for certification of an existing power

774

plant and its site in order to obtain all agency licenses

775

necessary to ensure compliance with federal or state

776

environmental laws and regulation using the centrally

777

coordinated, one-stop licensing process established by this part.

778

An application for site certification under this section must be

779

in the form prescribed by department rule. Applications must be

780

reviewed and processed using the same procedural steps and

781

notices as for an application for a new facility, except that a

782

determination of need by the Public Service Commission is not

783

required.

784

     Section 17.  Subsection (6) is added to section 403.518,

785

Florida Statutes, to read:

786

     403.518  Fees; disposition.--The department shall charge the

787

applicant the following fees, as appropriate, which, unless

788

otherwise specified, shall be paid into the Florida Permit Fee

789

Trust Fund:

790

     (6)(a) An application fee for an alternate corridor filed

791

pursuant to s. 403.5081. The application fee shall be $750 per

792

mile for each mile of the alternate corridor located within an

793

existing electric transmission line right-of-way or within an

794

existing right-of-way for a road, highway, railroad, or other

795

aboveground linear facility, or $1,000 per mile for each mile of

796

an electric transmission line corridor proposed to be located

797

outside the existing right-of-way.

798

     (b) The department may waive all or a portion of the

799

application fee based on the applicant's economic circumstances.

800

     Section 18.  Subsection (4) of section 403.519, Florida

801

Statutes, is amended to read:

802

     403.519  Exclusive forum for determination of need.--

803

     (4)  In making its determination on a proposed electrical

804

power plant using nuclear materials or synthesis gas produced by

805

integrated gasification combined cycle power plant as fuel, the

806

commission shall hold a hearing within 90 days after the filing

807

of the petition to determine need and shall issue an order

808

granting or denying the petition within 135 days after the date

809

of the filing of the petition. The commission shall be the sole

810

forum for the determination of this matter and the issues

811

addressed in the petition, which accordingly shall not be

812

reviewed in any other forum, or in the review of proceedings in

813

such other forum. In making its determination to either grant or

814

deny the petition, the commission shall consider the need for

815

electric system reliability and integrity, including fuel

816

diversity, the need for base-load generating capacity, the need

817

for adequate electricity at a reasonable cost, and whether

818

renewable energy sources and technologies, as well as

819

conservation measures, are utilized to the extent reasonably

820

available.

821

     (a)  The applicant's petition shall include:

822

     1.  A description of the need for the generation capacity.

823

     2.  A description of how the proposed nuclear or integrated

824

gasification combined cycle power plant will enhance the

825

reliability of electric power production within the state by

826

improving the balance of power plant fuel diversity and reducing

827

Florida's dependence on fuel oil and natural gas.

828

     3.  A description of and a nonbinding estimate of the cost

829

of the nuclear or integrated gasification combined cycle power

830

plant, including any costs associated with new, enlarged, or

831

relocated electrical transmission lines or facilities of any size

832

that are necessary to serve the nuclear power plant.

833

     4.  The annualized base revenue requirement for the first 12

834

months of operation of the nuclear or integrated gasification

835

combined cycle power plant.

836

     5.  Information on whether there were any discussions with

837

any electric utilities regarding ownership of a portion of the

838

nuclear or integrated gasification combined cycle power plant by

839

such electric utilities.

840

     (b)  In making its determination, the commission shall take

841

into account matters within its jurisdiction, which it deems

842

relevant, including whether the nuclear or integrated

843

gasification combined cycle power plant will:

844

     1.  Provide needed base-load capacity.

845

     2.  Enhance the reliability of electric power production

846

within the state by improving the balance of power plant fuel

847

diversity and reducing Florida's dependence on fuel oil and

848

natural gas.

849

     3.  Provide the most cost-effective source of power, taking

850

into account the need to improve the balance of fuel diversity,

851

reduce Florida's dependence on fuel oil and natural gas, reduce

852

air emission compliance costs, and contribute to the long-term

853

stability and reliability of the electric grid.

854

     (c)  No provision of rule 25-22.082, Florida Administrative

855

Code, shall be applicable to a nuclear or integrated gasification

856

combined cycle power plant sited under this act, including

857

provisions for cost recovery, and an applicant shall not

858

otherwise be required to secure competitive proposals for power

859

supply prior to making application under this act or receiving a

860

determination of need from the commission.

861

     (d)  The commission's determination of need for a nuclear or

862

integrated gasification combined cycle power plant shall create a

863

presumption of public need and necessity and shall serve as the

864

commission's report required by s. 403.507(4)(a). An order

865

entered pursuant to this section constitutes final agency action.

866

Any petition for reconsideration of a final order on a petition

867

for need determination shall be filed within 5 days after the

868

date of such order. The commission's final order, including any

869

order on reconsideration, shall be reviewable on appeal in the

870

Florida Supreme Court. Inasmuch as delay in the determination of

871

need will delay siting of a nuclear or integrated gasification

872

combined cycle power plant or diminish the opportunity for

873

savings to customers under the federal Energy Policy Act of 2005,

874

the Supreme Court shall proceed to hear and determine the action

875

as expeditiously as practicable and give the action precedence

876

over matters not accorded similar precedence by law.     

877

     (e)  After a petition for determination of need for a

878

nuclear or integrated gasification combined cycle power plant has

879

been granted, the right of a utility to recover any costs

880

incurred prior to commercial operation, including, but not

881

limited to, costs associated with the siting, design, licensing,

882

or construction of the plant and new, expanded, or relocated

883

electrical transmission lines or facilities of any size that are

884

necessary to serve the nuclear power plant, shall not be subject

885

to challenge unless and only to the extent the commission finds,

886

based on a preponderance of the evidence adduced at a hearing

887

before the commission under s. 120.57, that certain costs were

888

imprudently incurred. Proceeding with the construction of the

889

nuclear or integrated gasification combined cycle power plant

890

following an order by the commission approving the need for the

891

nuclear or integrated gasification combined cycle power plant

892

under this act shall not constitute or be evidence of imprudence.

893

Imprudence shall not include any cost increases due to events

894

beyond the utility's control. Further, a utility's right to

895

recover costs associated with a nuclear or integrated

896

gasification combined cycle power plant may not be raised in any

897

other forum or in the review of proceedings in such other forum.

898

Costs incurred prior to commercial operation shall be recovered

899

pursuant to chapter 366.

900

     Section 19.  Paragraph (i) of subsection (6) of section

901

403.814, Florida Statutes, is amended to read:

902

     403.814  General permits; delegation.--

903

     (6)  Construction and maintenance of electric transmission

904

or distribution lines in wetlands by electric utilities, as

905

defined in s. 366.02, shall be authorized by general permit

906

provided the following provisions are implemented:

907

     (i) This subsection applies to transmission lines and

908

appurtenances certified pursuant to part II of this chapter.

909

However, the criteria of the general permit shall not otherwise

910

affect the authority of the siting board to condition

911

certification of transmission lines as authorized under part II

912

of this chapter.

913

914

Maintenance of existing electric lines and clearing of vegetation

915

in wetlands conducted without the placement of structures in

916

wetlands or other dredge and fill activities does not require an

917

individual or general construction permit. For the purpose of

918

this subsection, wetlands shall mean the landward extent of

919

waters of the state regulated under ss. 403.91-403.929 and

920

isolated and nonisolated wetlands regulated under part IV of

921

chapter 373. The provisions provided in this subsection apply to

922

the permitting requirements of the department, any water

923

management district, and any local government implementing part

924

IV of chapter 373 or part VIII of this chapter.

925

     Section 20.  This act shall take effect upon becoming a law.