CS for SB 7018 First Engrossed 20207018e1 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. 339.287, F.S.; providing 23 legislative findings; requiring the department to 24 coordinate, develop, and recommend a master plan for 25 the development of electric vehicle charging station 26 infrastructure along the State Highway System; 27 requiring the department to submit the plan to the 28 Governor and the Legislature by a specified date; 29 providing responsibilities for the department and the 30 Public Service Commission, in consultation with 31 specified entities, in developing the plan; providing 32 the goals and objectives of the plan; requiring the 33 commission, in consultation with specified entities, 34 to review certain emerging technologies; authorizing 35 the department, commission, and the Office of Energy 36 within the Department of Agriculture and Consumer 37 Services to explore other issues as necessary and 38 appropriate; requiring the department to file a status 39 report with the Governor and the Legislature by a 40 specified date containing any preliminary 41 recommendations, including recommendations for 42 legislation; amending s. 704.06, F.S.; providing 43 construction relating to the rights of an owner of 44 land that has been traditionally used for agriculture 45 and is subject to a conservation easement; providing 46 an effective date. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. Subsection (2) of section 337.401, Florida 51 Statutes, is amended to read: 52 337.401 Use of right-of-way for utilities subject to 53 regulation; permit; fees.— 54 (2) The authority may grant to any person who is a resident 55 of this state, or to any corporation which is organized under 56 the laws of this state or licensed to do business within this 57 state, the use of a right-of-way for the utility in accordance 58 with such rules or regulations as the authority may adopt. A
No59 utility may not shallbe installed, located, or relocated unless 60 authorized by a written permit issued by the authority. However, 61 for public roads or publicly owned rail corridors under the 62 jurisdiction of the department, a utility relocation schedule 63 and relocation agreement may be executed in lieu of a written 64 permit. The permit must shallrequire the permitholder to be 65 responsible for any damage resulting from the issuance of such 66 permit. The authority may initiate injunctive proceedings as 67 provided in s. 120.69 to enforce provisions of this subsection 68 or any rule or order issued or entered into pursuant thereto. A 69 permit application required under this subsection by a county or 70 municipality having jurisdiction and control of the right-of-way 71 of any public road must be processed and acted upon in 72 accordance with the timeframes provided in subparagraphs 73 (7)(d)7., 8., and 9. 74 Section 2. Section 338.236, Florida Statutes, is created to 75 read: 76 338.236 Staging areas for emergencies.—The Department of 77 Transportation may plan, design, and construct staging areas to 78 be activated during a declared state of emergency at key 79 geographic locations on the turnpike system. Such staging areas 80 must be used for the staging of emergency supplies, such as 81 water, fuel, generators, vehicles, equipment, and other related 82 materials, to facilitate the prompt provision of emergency 83 assistance to the public, and to otherwise facilitate emergency 84 response and assistance, including evacuations, deployment of 85 emergency-related supplies and personnel, and restoration of 86 essential services. 87 (1) In selecting a proposed site for a designated staging 88 area under this section, the department, in consultation with 89 the Division of Emergency Management, must consider the extent 90 to which such site: 91 (a) Is located in a geographic area that best facilitates 92 the wide dissemination of emergency-related supplies and 93 equipment; 94 (b) Provides ease of access to major highways and other 95 transportation facilities; 96 (c) Is sufficiently large to accommodate the staging of a 97 significant amount of emergency-related supplies and equipment; 98 (d) Provides space in support of emergency preparedness and 99 evacuation activities, such as fuel reserve capacity; 100 (e) Could be used during nonemergency periods for 101 commercial motor vehicle parking and for other uses; and 102 (f) Is consistent with other state and local emergency 103 management considerations. 104 105 The department must give priority consideration to placement of 106 such staging areas in counties with a population of 200,000 or 107 fewer, as determined by the most recent official estimate 108 pursuant to s. 186.901, in which a multiuse corridor of regional 109 economic significance, as provided in s. 338.2278, is located. 110 (2) The department may acquire property and property rights 111 necessary for such staging areas as provided in s. 338.04. 112 (3) The department may authorize other uses of a staging 113 area as provided in the Florida Transportation Code, including, 114 but not limited to, for commercial motor vehicle parking to 115 comply with federal hours-of-service off-duty requirements or 116 sleeper berth requirements and for other vehicular parking to 117 provide rest for drivers. 118 (4) Staging area projects must be included in the work 119 program developed by the department pursuant to s. 339.135. 120 Section 3. Section 339.287, Florida Statutes, is created to 121 read: 122 339.287 Electric vehicle charging stations; infrastructure 123 plan development.— 124 (1) The Legislature finds that: 125 (a) Climate change may have significant impacts to this 126 state which will require the development of avoidance, 127 adaptation, and mitigation strategies to address these potential 128 impacts on future state projects, plans, and programs; 129 (b) A significant portion of the carbon dioxide emissions 130 in this state are produced by the transportation sector; 131 (c) Electric vehicles can help reduce these emissions, 132 thereby helping to reduce the impact of climate change on this 133 state; 134 (d) The use of electric vehicles for non-local driving 135 requires adequate, reliable charging stations to address 136 electric vehicle battery range limitations; 137 (e) Having adequate, reliable charging stations along the 138 State Highway System will also help with evacuations during 139 hurricanes or other disasters; 140 (f) Ensuring the prompt installation of adequate, reliable 141 charging stations is in the public interest; and 142 (g) A recommended plan for electric vehicle charging 143 station infrastructure should be established to address changes 144 in the emerging electric vehicle market and necessary charging 145 infrastructure. 146 (2)(a) The department shall coordinate, develop, and 147 recommend a master plan for current and future plans for the 148 development of electric vehicle charging station infrastructure 149 along the State Highway System, as defined in s. 334.03(24). The 150 department shall develop the recommended master plan and submit 151 it to the Governor, the President of the Senate, and the Speaker 152 of the House of Representatives by July 1, 2021. The plan must 153 include recommendations for legislation and may include other 154 recommendations as determined by the department. 155 (b) The department, in consultation with the Public Service 156 Commission and the Office of Energy within the Department of 157 Agriculture and Consumer Services, and any other public or 158 private entities as necessary or appropriate, shall be primarily 159 responsible for the following goals and objectives in developing 160 the plan: 161 1. Identifying the types or characteristics of possible 162 locations for electric vehicle charging station infrastructure 163 along the State Highway System to support a supply of electric 164 vehicle charging stations that will: 165 a. Accomplish the goals and objectives of this section; 166 b. Support both short-range and long-range electric vehicle 167 travel; 168 c. Encourage the expansion of electric vehicle use in this 169 state; and 170 d. Adequately serve evacuation routes in this state. 171 2. Identifying any barriers to the use of electric vehicles 172 and electric vehicle charging station infrastructure both for 173 short-range and long-range electric vehicle travel along the 174 State Highway System. 175 3. Identifying an implementation strategy for expanding 176 electric vehicle and charging station infrastructure use in this 177 state. 178 4. Quantifying the loss of revenue to the State 179 Transportation Trust Fund due to the current and projected 180 future use of electric vehicles in this state and summarizing 181 efforts of other states to address such revenue loss. 182 (c) The Public Service Commission, in consultation with the 183 department and the Office of Energy within the Department of 184 Agriculture and Consumer Services, and any other public or 185 private entities as necessary or appropriate, shall be primarily 186 responsible for the following goals and objectives in developing 187 the plan: 188 1. Projecting the increase in the use of electric vehicles 189 in this state over the next 20 years and determining how to 190 ensure an adequate supply of reliable electric vehicle charging 191 stations to support and encourage this growth in a manner 192 supporting a competitive market with ample consumer choice. 193 2. Evaluating and comparing the types of electric vehicle 194 charging stations available at present and which may become 195 available in the future, including the technology and 196 infrastructure incorporated in such stations, along with the 197 circumstances within which each type of station and 198 infrastructure is typically used, including fleet charging, for 199 the purpose of identifying any advantages to developing 200 particular types or uses of these stations. 201 3. Considering strategies to develop this supply of 202 charging stations, including, but not limited to, methods of 203 building partnerships with local governments, other state and 204 federal entities, electric utilities, the business community, 205 and the public in support of electric vehicle charging stations. 206 4. Identifying the type of regulatory structure necessary 207 for the delivery of electricity to electric vehicles and 208 charging station infrastructure, including competitive neutral 209 policies and the participation of public utilities in the 210 marketplace. 211 (d) The Public Service Commission, in consultation with the 212 Office of Energy within the Department of Agriculture and 213 Consumer Services, shall review emerging technologies in the 214 electric and alternative vehicle market, including alternative 215 fuel sources. 216 (e) The department, the Public Service Commission, and the 217 Office of Energy within the Department of Agriculture and 218 Consumer Services may agree to explore other issues deemed 219 necessary or appropriate for purposes of the report required in 220 paragraph (a). 221 (f) By December 1, 2020, the department shall file a status 222 report with the Governor, the President of the Senate, and the 223 Speaker of the House of Representatives containing any 224 preliminary recommendations, including recommendations for 225 legislation. 226 Section 4. Subsection (11) of section 704.06, Florida 227 Statutes, is amended to read: 228 704.06 Conservation easements; creation; acquisition; 229 enforcement.— 230 (11)(a) Nothing inThis section or other provisions of law 231 may not shallbe construed to prohibit or limit the owner of 232 land, or the owner of a conservation easement over land, to 233 voluntarily negotiate the sale or use utilizationof such lands 234 or easement for the construction and operation of linear 235 facilities, including electric transmission and distribution 236 facilities, telecommunications transmission and distribution 237 facilities, pipeline transmission and distribution facilities, 238 public transportation corridors, and related appurtenances, nor 239 does shallthis section prohibit the use of eminent domain for 240 said purposes as established by law. In any legal proceeding to 241 condemn land for the purpose of construction and operation of a 242 linear facility as described above, the court shall consider the 243 public benefit provided by the conservation easement and linear 244 facilities in determining which lands may be taken and the 245 compensation paid. 246 (b) For any land that has traditionally been used for 247 agriculture, as that term is defined in s. 570.02, and is 248 subject to a conservation easement entered into at any time 249 pursuant to s. 570.71, this section or s. 570.71 may not be 250 construed to limit the owner of the land to voluntarily 251 negotiating the use of the land for any public or private linear 252 facility, right of access, and related appurtenances, and 253 reasonable compensation based on diminution in value of its 254 interest in the conservation easement shall be the only remedy 255 to the owner of the conservation easement for the construction 256 and operation of any public or private linear facilities and 257 related access and appurtenances. 258 (c) This section does not preclude the applicability of any 259 environmental permitting requirements applicable to a linear 260 facility pursuant to chapters 369-380 or chapter 403 or any 261 agency rules adopted pursuant to those chapters. 262 Section 5. This act shall take effect July 1, 2020.