Florida Senate - 2020 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 7018
Ì857014ÄÎ857014
576-03597-20
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.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
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.