Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 582
       
       
       
       
       
       
                                Barcode 517540                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 10/AD/2R         .                                
             04/24/2009 02:51 PM       .                                
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       Senator Bullard moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 100
    4  and insert:
    5         Section 3. Subsection (1) of section 337.401, Florida
    6  Statutes, is amended to read:
    7         337.401 Use of right-of-way for utilities subject to
    8  regulation; permit; fees.—
    9         (1)(a) The department and local governmental entities,
   10  referred to in ss. 337.401-337.404 as the “authority,” that have
   11  jurisdiction and control of public roads or publicly owned rail
   12  corridors are authorized to prescribe and enforce reasonable
   13  rules or regulations with reference to the placing and
   14  maintaining along, across, or on any road or publicly owned rail
   15  corridors under their respective jurisdictions any electric
   16  transmission, telephone, telegraph, or other communications
   17  services lines; pole lines; poles; railways; ditches; sewers;
   18  water, heat, or gas mains; pipelines; fences; gasoline tanks and
   19  pumps; or other structures referred to in this section as the
   20  “utility.” For aerial and underground electric utility
   21  transmission lines designed to operate at 69 or more kilovolts
   22  that are needed to accommodate the additional electrical
   23  transfer capacity on the transmission grid resulting from new
   24  base-load generating facilities, where there is no other
   25  practicable alternative available for placement of the electric
   26  utility transmission lines on the department’s rights-of-way,
   27  the department’s rules shall provide for placement of and access
   28  to such transmission lines adjacent to and within the right-of
   29  way of any department-controlled public roads, including
   30  longitudinally within limited access facilities to the greatest
   31  extent allowed by federal law, if compliance with the standards
   32  established by such rules is achieved. Such rules may include,
   33  but need not be limited to, that the use of the right-of-way is
   34  reasonable based upon a consideration of economic and
   35  environmental factors, including, without limitation, other
   36  practicable alternative alignments, utility corridors and
   37  easements, impacts on adjacent property owners, and minimum
   38  clear zones and other safety standards, and further provide that
   39  placement of the electric utility transmission lines within the
   40  department’s right-of-way does not interfere with operational
   41  requirements of the transportation facility or planned or
   42  potential future expansion of such transportation facility. If
   43  the department approves longitudinal placement of electric
   44  utility transmission lines in limited access facilities,
   45  compensation for the use of the right-of-way is required. Such
   46  consideration or compensation paid by the electric utility in
   47  connection with the department’s issuance of a permit does not
   48  create any property right in the department’s property
   49  regardless of the amount of consideration paid or the
   50  improvements constructed on the property by the utility. Upon
   51  notice by the department that the property is needed for
   52  expansion or improvement of the transportation facility, the
   53  electric utility transmission line will relocate from the
   54  facility at the electric utility’s sole expense. The electric
   55  utility shall pay to the department reasonable damages resulting
   56  from the utility’s failure or refusal to timely relocate its
   57  transmission lines. The rules to be adopted by the department
   58  may also address the compensation methodology and relocation. As
   59  used in this subsection, the term “base-load generating
   60  facilities” means electric power plants that are certified under
   61  part II of chapter 403. The department may enter into a permit
   62  delegation agreement with a governmental entity if issuance of a
   63  permit is based on requirements that the department finds will
   64  ensure the safety and integrity of facilities of the Department
   65  of Transportation; however, the permit-delegation agreement does
   66  not apply to facilities of electric utilities as defined in s.
   67  366.02(2).
   68         (b)For aerial and underground electric utility
   69  transmission lines designed to operate at 69 or more kilovolts
   70  that are needed to accommodate the additional electrical
   71  transfer capacity on the transmission grid resulting from new
   72  base-load generating facilities, the department’s rules shall
   73  provide for placement of and access to such transmission lines
   74  adjacent to and within the right-of-way of any department
   75  controlled public roads, including longitudinally within limited
   76  access facilities where there is no other practicable
   77  alternative available, to the greatest extent allowed by federal
   78  law, if compliance with the standards established by such rules
   79  is achieved. Such rules may include, but need not be limited to,
   80  that the use of the limited access right-of-way for longitudinal
   81  placement of electric utility transmission lines is reasonable
   82  based upon a consideration of economic and environmental
   83  factors, including, without limitation, other practicable
   84  alternative alignments, utility corridors and easements, impacts
   85  on adjacent property owners, and minimum clear zones and other
   86  safety standards, and further provide that placement of the
   87  electric utility transmission lines within the department’s
   88  right-of-way does not interfere with operational requirements of
   89  the transportation facility or planned or potential future
   90  expansion of such transportation facility. If the department
   91  approves longitudinal placement of electric utility transmission
   92  lines in limited access facilities, compensation for the use of
   93  the right-of-way is required. Such consideration or compensation
   94  paid by the electric utility in connection with the department’s
   95  issuance of a permit does not create any property right in the
   96  department’s property regardless of the amount of consideration
   97  paid or the improvements constructed on the property by the
   98  utility. Upon notice by the department that the property is
   99  needed for expansion or improvement of the transportation
  100  facility, the electric utility transmission line will relocate
  101  at the electric utility’s sole expense. The electric utility
  102  shall pay to the department reasonable damages resulting from
  103  the utility’s failure or refusal to timely relocate its
  104  transmission lines. The rules to be adopted by the department
  105  may also address the compensation methodology and relocation. As
  106  used in this subsection, the term “base-load generating
  107  facilities” means electric power plants that are certified under
  108  part II of chapter 403.
  109         Section 4. This act shall take effect upon becoming a law.
  110  
  111  ================= T I T L E  A M E N D M E N T ================
  112  And the title is amended as follows:
  113  
  114         Delete line 19
  115  and insert:
  116         amending s. 337.401, F.S.; providing for the placement
  117         of and access to transmission lines that are adjacent
  118         to and within the right-of-way of any public road
  119         controlled by the Department of Transportation;
  120         providing an effective date.