Florida Senate - 2020                             CS for SB 7018
       By the Committees on Appropriations; and Infrastructure and
       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.
   47  Be It Enacted by the Legislature of the State of Florida:
   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 No
   58  utility may not shall be 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 shall require 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.
  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 in This section or other provisions of law
  215  may not shall be 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 utilization of 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 shall this 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.