Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 7018 Ì951242zÎ951242 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) 3 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
No15 utility may not shallbe 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 shallrequire 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 inThis section or other provisions of law 120 may not shallbe 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 utilizationof 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 shallthis 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. 152 153 ================= 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.