Florida Senate - 2020 CS for SB 7018 By the Committees on Appropriations; and Infrastructure and Security 576-04311-20 20207018c1 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. 338.236, F.S.; authorizing the 7 Department of Transportation to plan, design, and 8 construct staging areas as part of the turnpike system 9 for the intended purpose of staging supplies for 10 prompt provision of assistance to the public in a 11 declared state of emergency; requiring the department, 12 in consultation with the Division of Emergency 13 Management, to select sites for such areas; providing 14 factors to be considered by the department and 15 division in selecting sites; requiring the department 16 to give priority consideration to placement of such 17 staging areas in specified counties; authorizing the 18 department to acquire property necessary for such 19 staging areas; authorizing the department to authorize 20 certain other uses of staging areas; requiring staging 21 area projects to be included in the department’s work 22 program; creating s. 366.945, F.S.; providing 23 legislative findings; requiring the Public Service 24 Commission, in consultation with the Department of 25 Transportation and the Office of Energy within the 26 Department of Agriculture and Consumer Services, to 27 develop and recommend, by a specified date, to the 28 Governor, the President of the Senate, and the Speaker 29 of the House of Representatives a plan for the 30 development of electric vehicle charging station 31 infrastructure along the State Highway System; 32 authorizing the commission to consult with other 33 agencies as the commission deems appropriate; 34 requiring the plan to include recommendations for 35 legislation; authorizing the plan to include other 36 recommendations as determined by the commission; 37 providing the goals and objectives of the plan; 38 requiring the commission to file a status report with 39 the Governor and the Legislature by a specified date 40 containing any preliminary recommendations, including 41 recommendations for legislation; amending s. 704.06, 42 F.S.; providing construction relating to the rights of 43 an owner of land that has been traditionally used for 44 agriculture and is subject to a conservation easement; 45 providing an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. Subsection (2) of section 337.401, Florida 50 Statutes, is amended to read: 51 337.401 Use of right-of-way for utilities subject to 52 regulation; permit; fees.— 53 (2) The authority may grant to any person who is a resident 54 of this state, or to any corporation which is organized under 55 the laws of this state or licensed to do business within this 56 state, the use of a right-of-way for the utility in accordance 57 with such rules or regulations as the authority may adopt. A
No58 utility may not shallbe installed, located, or relocated unless 59 authorized by a written permit issued by the authority. However, 60 for public roads or publicly owned rail corridors under the 61 jurisdiction of the department, a utility relocation schedule 62 and relocation agreement may be executed in lieu of a written 63 permit. The permit must shallrequire the permitholder to be 64 responsible for any damage resulting from the issuance of such 65 permit. The authority may initiate injunctive proceedings as 66 provided in s. 120.69 to enforce provisions of this subsection 67 or any rule or order issued or entered into pursuant thereto. A 68 permit application required under this subsection by a county or 69 municipality having jurisdiction and control of the right-of-way 70 of any public road must be processed and acted upon in 71 accordance with the timeframes provided in subparagraphs 72 (7)(d)7., 8., and 9. 73 Section 2. Section 338.236, Florida Statutes, is created to 74 read: 75 338.236 Staging areas for emergencies.—The Department of 76 Transportation may plan, design, and construct staging areas to 77 be activated during a declared state of emergency at key 78 geographic locations on the turnpike system. Such staging areas 79 must be used for the staging of emergency supplies, such as 80 water, fuel, generators, vehicles, equipment, and other related 81 materials, to facilitate the prompt provision of emergency 82 assistance to the public, and to otherwise facilitate emergency 83 response and assistance, including evacuations, deployment of 84 emergency-related supplies and personnel, and restoration of 85 essential services. 86 (1) In selecting a proposed site for a designated staging 87 area under this section, the department, in consultation with 88 the Division of Emergency Management, must consider the extent 89 to which such site: 90 (a) Is located in a geographic area that best facilitates 91 the wide dissemination of emergency-related supplies and 92 equipment; 93 (b) Provides ease of access to major highways and other 94 transportation facilities; 95 (c) Is sufficiently large to accommodate the staging of a 96 significant amount of emergency-related supplies and equipment; 97 (d) Provides space in support of emergency preparedness and 98 evacuation activities, such as fuel reserve capacity; 99 (e) Could be used during nonemergency periods for 100 commercial motor vehicle parking and for other uses; and 101 (f) Is consistent with other state and local emergency 102 management considerations. 103 104 The department must give priority consideration to placement of 105 such staging areas in counties with a population of 200,000 or 106 fewer, as determined by the most recent official estimate 107 pursuant to s. 186.901, in which a multiuse corridor of regional 108 economic significance, as provided in s. 338.2278, is located. 109 (2) The department may acquire property and property rights 110 necessary for such staging areas as provided in s. 338.04. 111 (3) The department may authorize other uses of a staging 112 area as provided in the Florida Transportation Code, including, 113 but not limited to, for commercial motor vehicle parking to 114 comply with federal hours-of-service off-duty requirements or 115 sleeper berth requirements and for other vehicular parking to 116 provide rest for drivers. 117 (4) Staging area projects must be included in the work 118 program developed by the department pursuant to s. 339.135. 119 Section 3. Section 366.945, Florida Statutes, is created to 120 read: 121 366.945 Electric vehicle charging stations; infrastructure 122 plan development.— 123 (1) The Legislature finds that: 124 (a) Climate change may have significant impacts to this 125 state which will require the development of avoidance, 126 adaptation, and mitigation strategies to address these potential 127 impacts on future state projects, plans, and programs; 128 (b) A significant portion of the carbon dioxide emissions 129 in this state are produced by the transportation sector; 130 (c) Electric vehicles can help reduce these emissions, 131 thereby helping to reduce the impact of climate change on this 132 state; 133 (d) The use of electric vehicles for non-local driving 134 requires adequate, reliable charging stations to address 135 electric vehicle battery range limitations; 136 (e) Having adequate, reliable charging stations along the 137 State Highway System will also help with evacuations during 138 hurricanes or other disasters; 139 (f) Ensuring the prompt installation of adequate, reliable 140 charging stations is in the public interest; and 141 (g) A recommended plan for electric vehicle charging 142 station infrastructure should be established to address changes 143 in the emerging electric vehicle market and necessary charging 144 infrastructure. 145 (2)(a) The commission, in coordination with the Department 146 of Transportation and the Office of Energy within the Department 147 of Agriculture and Consumer Services, shall develop and 148 recommend a plan for current and future plans for the 149 development of electric vehicle charging station infrastructure 150 along the State Highway System, as defined in s. 334.03(24). The 151 commission may consult with other agencies as the commission 152 deems appropriate. The recommended plan must be developed and 153 submitted to the Governor, the President of the Senate, and the 154 Speaker of the House of Representatives by July 1, 2021. The 155 plan must include recommendations for legislation and may 156 include other recommendations as determined by the commission. 157 (b) The goals and objectives of the plan include, but are 158 not limited to, all of the following: 159 1. Projecting the increase in the use of electric vehicles 160 in this state over the next 20 years and determining how to 161 ensure an adequate supply of reliable electric vehicle charging 162 stations to support and encourage this growth in a manner 163 supporting a competitive market with ample consumer choice. 164 2. Evaluating and comparing the types of electric vehicle 165 charging stations available at present and that may become 166 available in the future, including the technology and 167 infrastructure incorporated in such stations, along with the 168 circumstances within which each type of station and 169 infrastructure is typically used, including fleet charging, for 170 the purpose of identifying any advantages to developing 171 particular types or uses of these stations. 172 3. Considering strategies to develop this supply of 173 charging stations, including, but not limited to, methods of 174 building partnerships with local governments, other state and 175 federal entities, electric utilities, the business community, 176 and the public in support of electric vehicle charging stations. 177 4. Identifying the types or characteristics of possible 178 locations for electric vehicle charging station infrastructure 179 along the State Highway System to support a supply of electric 180 vehicle charging stations that will: 181 a. Accomplish the goals and objectives of this section; 182 b. Support both short-range and long-range electric vehicle 183 travel; 184 c. Encourage the expansion of electric vehicle use in this 185 state; and 186 d. Adequately serve evacuation routes in this state. 187 5. Identifying any barriers to the use of electric vehicles 188 and electric vehicle charging station infrastructure both for 189 short-range and long-range electric vehicle travel along the 190 State Highway System. 191 6. Identifying an implementation strategy for expanding 192 electric vehicle and charging station infrastructure use in this 193 state. 194 7. Identifying the type of regulatory structure necessary 195 for the delivery of electricity to electric vehicles and 196 charging station infrastructure, including competitive neutral 197 policies and the participation of public utilities in the 198 marketplace. 199 8. Reviewing emerging technologies in the electric and 200 alternative vehicle market, including alternative fuel sources. 201 9. Quantifying the loss of revenue to the State 202 Transportation Trust Fund due to the current and projected 203 future use of electric vehicles in this state and summarizing 204 efforts of other states to address such revenue loss. 205 (c) By December 1, 2020, the commission shall file a status 206 report with the Governor, the President of the Senate, and the 207 Speaker of the House of Representatives containing any 208 preliminary recommendations, including recommendations for 209 legislation. 210 Section 4. Subsection (11) of section 704.06, Florida 211 Statutes, is amended to read 212 704.06 Conservation easements; creation; acquisition; 213 enforcement.— 214 (11)(a) Nothing inThis section or other provisions of law 215 may not shallbe construed to prohibit or limit the owner of 216 land, or the owner of a conservation easement over land, to 217 voluntarily negotiate the sale or use utilizationof such lands 218 or easement for the construction and operation of linear 219 facilities, including electric transmission and distribution 220 facilities, telecommunications transmission and distribution 221 facilities, pipeline transmission and distribution facilities, 222 public transportation corridors, and related appurtenances, nor 223 does shallthis section prohibit the use of eminent domain for 224 said purposes as established by law. In any legal proceeding to 225 condemn land for the purpose of construction and operation of a 226 linear facility as described above, the court shall consider the 227 public benefit provided by the conservation easement and linear 228 facilities in determining which lands may be taken and the 229 compensation paid. 230 (b) For any land that has traditionally been used for 231 agriculture, as that term is defined in s. 570.02, and is 232 subject to a conservation easement entered into at any time 233 pursuant to s. 570.71, this section or s. 570.71 may not be 234 construed to limit the owner of the land to voluntarily 235 negotiating the use of the land for any public or private linear 236 facility, right of access, and related appurtenances, and 237 reasonable compensation based on diminution in value of its 238 interest in the conservation easement shall be the only remedy 239 to the owner of the conservation easement for the construction 240 and operation of any public or private linear facilities and 241 related access and appurtenances. 242 (c) This section does not preclude the applicability of any 243 environmental permitting requirements applicable to a linear 244 facility pursuant to chapters 369-380 or chapter 403 or any 245 agency rules adopted pursuant to those chapters. 246 Section 5. This act shall take effect July 1, 2020.