Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 7018
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Lee) recommended the following:
    1         Senate Substitute for Amendment (139902) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (2) of section 337.401, Florida
    7  Statutes, is amended to read:
    8         337.401 Use of right-of-way for utilities subject to
    9  regulation; permit; fees.—
   10         (2) The authority may grant to any person who is a resident
   11  of this state, or to any corporation which is organized under
   12  the laws of this state or licensed to do business within this
   13  state, the use of a right-of-way for the utility in accordance
   14  with such rules or regulations as the authority may adopt. A No
   15  utility may not shall be installed, located, or relocated unless
   16  authorized by a written permit issued by the authority. However,
   17  for public roads or publicly owned rail corridors under the
   18  jurisdiction of the department, a utility relocation schedule
   19  and relocation agreement may be executed in lieu of a written
   20  permit. The permit must shall require the permitholder to be
   21  responsible for any damage resulting from the issuance of such
   22  permit. The authority may initiate injunctive proceedings as
   23  provided in s. 120.69 to enforce provisions of this subsection
   24  or any rule or order issued or entered into pursuant thereto. A
   25  permit application required by an authority under this section
   26  must be processed and acted upon consistent with the timeframes
   27  provided in subparagraphs (7)(d)7., 8., and 9.
   28         Section 2. Section 366.945, Florida Statutes, is created to
   29  read:
   30         366.945 Electric vehicle charging stations; infrastructure
   31  plan development.—
   32         (1) The Legislature finds that:
   33         (a) Climate change may have significant impacts to this
   34  state which will require the development of avoidance,
   35  adaptation, and mitigation strategies to address these potential
   36  impacts on future state projects, plans, and programs;
   37         (b) A significant portion of the carbon dioxide emissions
   38  in this state are produced by the transportation sector;
   39         (c) Electric vehicles can help reduce these emissions,
   40  thereby helping to reduce the impact of climate change on this
   41  state;
   42         (d) The use of electric vehicles for non-local driving
   43  requires adequate, reliable charging stations to address
   44  electric vehicle battery range limitations;
   45         (e) Having adequate, reliable charging stations along the
   46  State Highway System will also help with evacuations during
   47  hurricanes or other disasters;
   48         (f) Ensuring the prompt installation of adequate, reliable
   49  charging stations is in the public interest; and
   50         (g) A recommended plan for electric vehicle charging
   51  station infrastructure should be established to address changes
   52  in the emerging electric vehicle market and necessary charging
   53  infrastructure.
   54         (2)(a) The commission, in coordination with the Department
   55  of Transportation and the Office of Energy within the Department
   56  of Agriculture and Consumer Services, shall develop and
   57  recommend a plan for current and future plans for the
   58  development of electric vehicle charging station infrastructure
   59  along the State Highway System, as defined in s. 334.03(24). The
   60  commission may consult with other agencies as the commission
   61  deems appropriate. The recommended plan must be developed and
   62  submitted to the Governor, the President of the Senate, and the
   63  Speaker of the House of Representatives by July 1, 2021. The
   64  plan must include recommendations for legislation and may
   65  include other recommendations as determined by the commission.
   66         (b) The goals and objectives of the plan include, but are
   67  not limited to, all of the following:
   68         1.Projecting the increase in the use of electric vehicles
   69  in this state over the next 20 years and determining how to
   70  ensure an adequate supply of reliable electric vehicle charging
   71  stations to support and encourage this growth in a manner
   72  supporting a competitive market with ample consumer choice.
   73         2.Evaluating and comparing the types of electric vehicle
   74  charging stations available at present and that may become
   75  available in the future, including the technology and
   76  infrastructure incorporated in such stations, along with the
   77  circumstances within which each type of station and
   78  infrastructure is typically used, including fleet charging, for
   79  the purpose of identifying any advantages to developing
   80  particular types or uses of these stations.
   81         3.Considering strategies to develop this supply of
   82  charging stations, including, but not limited to, methods of
   83  building partnerships with local governments, other state and
   84  federal entities, electric utilities, the business community,
   85  and the public in support of electric vehicle charging stations.
   86         4. Identifying the types or characteristics of possible
   87  locations for electric vehicle charging station infrastructure
   88  along the State Highway System to support a supply of electric
   89  vehicle charging stations that will:
   90         a. Accomplish the goals and objectives of this section;
   91         b. Support both short-range and long-range electric vehicle
   92  travel;
   93         c. Encourage the expansion of electric vehicle use in this
   94  state; and
   95         d. Adequately serve evacuation routes in this state.
   96         5. Identifying any barriers to the use of electric vehicles
   97  and electric vehicle charging station infrastructure both for
   98  short-range and long-range electric vehicle travel along the
   99  State Highway System.
  100         6. Identifying an implementation strategy for expanding
  101  electric vehicle and charging station infrastructure use in this
  102  state.
  103         7. Identifying the type of regulatory structure necessary
  104  for the delivery of electricity to electric vehicles and
  105  charging station infrastructure, including competitive neutral
  106  policies and the participation of public utilities in the
  107  marketplace.
  108         8. Reviewing emerging technologies in the electric and
  109  alternative vehicle market, including alternative fuel sources.
  110         (c) By December 1, 2020, the commission shall file a status
  111  report with the Governor, the President of the Senate, and the
  112  Speaker of the House of Representatives containing any
  113  preliminary recommendations, including recommendations for
  114  legislation.
  115         Section 3. Subsection (11) of section 704.06, Florida
  116  Statutes, is amended to read
  117         704.06 Conservation easements; creation; acquisition;
  118  enforcement.—
  119         (11)(a)Nothing in This section or other provisions of law
  120  may not shall be construed to prohibit or limit the owner of
  121  land, or the owner of a conservation easement over land, to
  122  voluntarily negotiate the sale or use utilization of such lands
  123  or easement for the construction and operation of linear
  124  facilities, including electric transmission and distribution
  125  facilities, telecommunications transmission and distribution
  126  facilities, pipeline transmission and distribution facilities,
  127  public transportation corridors, and related appurtenances, nor
  128  does shall this section prohibit the use of eminent domain for
  129  said purposes as established by law. In any legal proceeding to
  130  condemn land for the purpose of construction and operation of a
  131  linear facility as described above, the court shall consider the
  132  public benefit provided by the conservation easement and linear
  133  facilities in determining which lands may be taken and the
  134  compensation paid.
  135         (b)For any land that has traditionally been used for
  136  agriculture, as that term is defined in s. 570.02, and is
  137  subject to a conservation easement entered into at any time
  138  pursuant to s. 570.71, this section or s. 570.71 may not be
  139  construed to limit the owner of the land to voluntarily
  140  negotiating the use of the land for any public or private linear
  141  facility, right of access, and related appurtenances, and
  142  reasonable compensation based on diminution in value of its
  143  interest in the conservation easement shall be the only remedy
  144  to the owner of the conservation easement for the construction
  145  and operation of any public or private linear facilities and
  146  related access and appurtenances.
  147         (c)This section does not preclude the applicability of any
  148  environmental permitting requirements applicable to a linear
  149  facility pursuant to chapters 369-380 or chapter 403 or any
  150  agency rules adopted pursuant to those chapters.
  151         Section 4. This act shall take effect July 1, 2020.
  153  ================= T I T L E  A M E N D M E N T ================
  154  And the title is amended as follows:
  155         Delete everything before the enacting clause
  156  and insert:
  157                        A bill to be entitled                      
  158         An act relating to essential state infrastructure;
  159         amending s. 337.401, F.S.; specifying permit
  160         application timeframes required for the installation,
  161         location, or relocation of utilities within rights-of
  162         way; creating s. 366.945, F.S.; providing legislative
  163         findings; requiring the Public Service Commission, in
  164         consultation with the Department of Transportation and
  165         the Office of Energy within the Department of
  166         Agriculture and Consumer Services, to develop and
  167         recommend, by a specified date, to the Governor, the
  168         President of the Senate, and the Speaker of the House
  169         of Representatives a plan for the development of
  170         electric vehicle charging station infrastructure along
  171         the State Highway System; authorizing the commission
  172         to consult with other agencies as the commission deems
  173         appropriate; requiring the plan to include
  174         recommendations for legislation; authorizing the plan
  175         to include other recommendations as determined by the
  176         commission; providing the goals and objectives of the
  177         plan; requiring the commission to file a status report
  178         with the Governor and the Legislature by a specified
  179         date containing any preliminary recommendations,
  180         including recommendations for legislation; amending s.
  181         704.06, F.S.; providing construction relating to the
  182         rights of an owner of land that has been traditionally
  183         used for agriculture and is subject to a conservation
  184         easement; providing an effective date.