Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 7018
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Agriculture, Environment, and
       General Government)
    1                        A bill to be entitled                      
    2         An act relating to essential state infrastructure;
    3         amending s. 337.401, F.S.; specifying permit
    4         application timeframes required for the installation,
    5         location, or relocation of utilities within rights-of
    6         way; creating s. 366.945, F.S.; providing legislative
    7         findings; requiring the Public Service Commission, in
    8         consultation with the Department of Transportation and
    9         the Office of Energy within the Department of
   10         Agriculture and Consumer Services, to develop and
   11         recommend, by a specified date, to the Governor, the
   12         President of the Senate, and the Speaker of the House
   13         of Representatives a plan for the development of
   14         electric vehicle charging station infrastructure along
   15         the State Highway System; authorizing the commission
   16         to consult with other agencies as the commission deems
   17         appropriate; requiring the plan to include
   18         recommendations for legislation; authorizing the plan
   19         to include other recommendations as determined by the
   20         commission; providing the goals and objectives of the
   21         plan; requiring the commission to file a status report
   22         with the Governor and the Legislature by a specified
   23         date containing any preliminary recommendations,
   24         including recommendations for legislation; amending s.
   25         704.06, F.S.; providing construction relating to the
   26         rights of an owner of land that has been traditionally
   27         used for agriculture and is subject to a conservation
   28         easement; providing an effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Subsection (2) of section 337.401, Florida
   33  Statutes, is amended to read:
   34         337.401 Use of right-of-way for utilities subject to
   35  regulation; permit; fees.—
   36         (2) The authority may grant to any person who is a resident
   37  of this state, or to any corporation which is organized under
   38  the laws of this state or licensed to do business within this
   39  state, the use of a right-of-way for the utility in accordance
   40  with such rules or regulations as the authority may adopt. A No
   41  utility may not shall be installed, located, or relocated unless
   42  authorized by a written permit issued by the authority. However,
   43  for public roads or publicly owned rail corridors under the
   44  jurisdiction of the department, a utility relocation schedule
   45  and relocation agreement may be executed in lieu of a written
   46  permit. The permit must shall require the permitholder to be
   47  responsible for any damage resulting from the issuance of such
   48  permit. The authority may initiate injunctive proceedings as
   49  provided in s. 120.69 to enforce provisions of this subsection
   50  or any rule or order issued or entered into pursuant thereto. A
   51  permit application required by an authority under this section
   52  must be processed and acted upon consistent with the timeframes
   53  provided in subparagraphs (7)(d)7., 8., and 9.
   54         Section 2. Section 366.945, Florida Statutes, is created to
   55  read:
   56         366.945 Electric vehicle charging stations; infrastructure
   57  plan development.—
   58         (1) The Legislature finds that:
   59         (a) Climate change may have significant impacts to this
   60  state which will require the development of avoidance,
   61  adaptation, and mitigation strategies to address these potential
   62  impacts on future state projects, plans, and programs;
   63         (b) A significant portion of the carbon dioxide emissions
   64  in this state are produced by the transportation sector;
   65         (c) Electric vehicles can help reduce these emissions,
   66  thereby helping to reduce the impact of climate change on this
   67  state;
   68         (d) The use of electric vehicles for non-local driving
   69  requires adequate, reliable charging stations to address
   70  electric vehicle battery range limitations;
   71         (e) Having adequate, reliable charging stations along the
   72  State Highway System will also help with evacuations during
   73  hurricanes or other disasters;
   74         (f) Ensuring the prompt installation of adequate, reliable
   75  charging stations is in the public interest; and
   76         (g) A recommended plan for electric vehicle charging
   77  station infrastructure should be established to address changes
   78  in the emerging electric vehicle market and necessary charging
   79  infrastructure.
   80         (2)(a) The commission, in coordination with the Department
   81  of Transportation and the Office of Energy within the Department
   82  of Agriculture and Consumer Services, shall develop and
   83  recommend a plan for current and future plans for the
   84  development of electric vehicle charging station infrastructure
   85  along the State Highway System, as defined in s. 334.03(24). The
   86  commission may consult with other agencies as the commission
   87  deems appropriate. The recommended plan must be developed and
   88  submitted to the Governor, the President of the Senate, and the
   89  Speaker of the House of Representatives by July 1, 2021. The
   90  plan must include recommendations for legislation and may
   91  include other recommendations as determined by the commission.
   92         (b) The goals and objectives of the plan include, but are
   93  not limited to, all of the following:
   94         1.Projecting the increase in the use of electric vehicles
   95  in this state over the next 20 years and determining how to
   96  ensure an adequate supply of reliable electric vehicle charging
   97  stations to support and encourage this growth in a manner
   98  supporting a competitive market with ample consumer choice.
   99         2.Evaluating and comparing the types of electric vehicle
  100  charging stations available at present and that may become
  101  available in the future, including the technology and
  102  infrastructure incorporated in such stations, along with the
  103  circumstances within which each type of station and
  104  infrastructure is typically used, including fleet charging, for
  105  the purpose of identifying any advantages to developing
  106  particular types or uses of these stations.
  107         3.Considering strategies to develop this supply of
  108  charging stations, including, but not limited to, methods of
  109  building partnerships with local governments, other state and
  110  federal entities, electric utilities, the business community,
  111  and the public in support of electric vehicle charging stations.
  112         4. Identifying the types or characteristics of possible
  113  locations for electric vehicle charging station infrastructure
  114  along the State Highway System to support a supply of electric
  115  vehicle charging stations that will:
  116         a. Accomplish the goals and objectives of this section;
  117         b. Support both short-range and long-range electric vehicle
  118  travel;
  119         c. Encourage the expansion of electric vehicle use in this
  120  state; and
  121         d. Adequately serve evacuation routes in this state.
  122         5. Identifying any barriers to the use of electric vehicles
  123  and electric vehicle charging station infrastructure both for
  124  short-range and long-range electric vehicle travel along the
  125  State Highway System.
  126         6. Identifying an implementation strategy for expanding
  127  electric vehicle and charging station infrastructure use in this
  128  state.
  129         7. Identifying the type of regulatory structure necessary
  130  for the delivery of electricity to electric vehicles and
  131  charging station infrastructure, including competitive neutral
  132  policies and the participation of public utilities in the
  133  marketplace.
  134         8. Reviewing emerging technologies in the electric and
  135  alternative vehicle market, including alternative fuel sources.
  136         (c) By December 1, 2020, the commission shall file a status
  137  report with the Governor, the President of the Senate, and the
  138  Speaker of the House of Representatives containing any
  139  preliminary recommendations, including recommendations for
  140  legislation.
  141         Section 3. Subsection (11) of section 704.06, Florida
  142  Statutes, is amended to read
  143         704.06 Conservation easements; creation; acquisition;
  144  enforcement.—
  145         (11)(a)Nothing in This section or other provisions of law
  146  may not shall be construed to prohibit or limit the owner of
  147  land, or the owner of a conservation easement over land, to
  148  voluntarily negotiate the sale or use utilization of such lands
  149  or easement for the construction and operation of linear
  150  facilities, including electric transmission and distribution
  151  facilities, telecommunications transmission and distribution
  152  facilities, pipeline transmission and distribution facilities,
  153  public transportation corridors, and related appurtenances, nor
  154  does shall this section prohibit the use of eminent domain for
  155  said purposes as established by law. In any legal proceeding to
  156  condemn land for the purpose of construction and operation of a
  157  linear facility as described above, the court shall consider the
  158  public benefit provided by the conservation easement and linear
  159  facilities in determining which lands may be taken and the
  160  compensation paid.
  161         (b)For any land that has traditionally been used for
  162  agriculture, as that term is defined in s. 570.02, and is
  163  subject to a conservation easement entered into at any time
  164  pursuant to s. 570.71, this section or s. 570.71 may not be
  165  construed to limit the owner of the land to voluntarily
  166  negotiating the use of the land for any public or private linear
  167  facility, right of access, and related appurtenances, and
  168  reasonable compensation based on diminution in value of its
  169  interest in the conservation easement shall be the only remedy
  170  to the owner of the conservation easement for the construction
  171  and operation of any public or private linear facilities and
  172  related access and appurtenances.
  173         (c)This section does not preclude the applicability of any
  174  environmental permitting requirements applicable to a linear
  175  facility pursuant to chapters 369-380 or chapter 403 or any
  176  agency rules adopted pursuant to those chapters.
  177         Section 4. This act shall take effect July 1, 2020.