Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 1070 Ì161946AÎ161946 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/03/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 163.3206, Florida Statutes, is created 6 to read: 7 163.3206 Fuel terminals.— 8 (1) It is the intent of the Legislature to maintain, 9 encourage, and ensure adequate and reliable fuel terminal 10 infrastructure in this state. Fuel terminals are a critical 11 component of fuel storage and distribution. The ability to 12 receive, store, and distribute fuel is essential to the state’s 13 economy and to the health, safety, welfare, and quality of life 14 of residents and visitors. It is essential that fuel terminal 15 infrastructure be constructed and maintained in various 16 locations in order to ensure the efficient and reliable 17 transportation and delivery of an adequate quantity of fuel 18 throughout the state. 19 (2) As used in this section, the term: 20 (a) “Fuel” means any of the following: 21 1. Alternative fuel as defined in s. 525.01. 22 2. Aviation fuel as defined in s. 206.9815. 23 3. Diesel fuel as defined in s. 206.86. 24 4. Gas as defined in s. 206.9925. 25 5. Motor fuel as defined in s. 206.01. 26 6. Natural gas fuel as defined in s. 206.9951. 27 7. Oil as defined in s. 206.9925. 28 8. Petroleum fuel as defined in s. 525.01. 29 9. Petroleum product as defined in s. 206.9925. 30 (b) “Fuel terminal” means a storage and distribution 31 facility for fuel, supplied by pipeline or marine vessel, which 32 has the capacity to receive and store a bulk transfer of fuel, 33 is equipped with a loading rack through which fuel is physically 34 transferred into tanker trucks or rail cars, and which is 35 registered with the Internal Revenue Service as a terminal. 36 (3) After July 1, 2014, a local government may not amend 37 its comprehensive plan, land use map, zoning districts, or land 38 development regulations in a manner that would conflict with a 39 fuel terminal’s classification as a permitted and allowable use, 40 including, but not limited to, an amendment that causes a fuel 41 terminal to be a nonconforming use, structure, or development. 42 (4) In the event of damage to or destruction of a fuel 43 terminal as a result of a natural disaster or other catastrophe, 44 a local government shall allow the timely repair of the fuel 45 terminal to the capacity of the fuel terminal as it existed 46 before the natural disaster or catastrophe. 47 (5) This section does not limit the authority of a local 48 government to adopt, implement, modify, and enforce applicable 49 federal and state requirements for fuel terminals, including 50 safety and building standards, and local safety and building 51 standards. However, the exercise of local authority may not 52 conflict with federal or state safety and security requirements 53 for fuel terminals. 54 Section 2. This act shall take effect July 1, 2014. 55 56 ================= T I T L E A M E N D M E N T ================ 57 And the title is amended as follows: 58 Delete everything before the enacting clause 59 and insert: 60 A bill to be entitled 61 An act relating to fuel terminals; creating s. 62 163.3206, F.S.; providing legislative intent; defining 63 terms; prohibiting a local government from amending 64 its local comprehensive plan, land use map, zoning 65 districts, or land development regulations to make a 66 fuel terminal a nonconforming use under the provisions 67 thereof; requiring a local government to allow the 68 repair of a fuel terminal damaged or destroyed by a 69 natural disaster or other catastrophe; providing 70 applicability; providing an effective date.