2020 Legislature                   CS for SB 7018, 1st Engrossed
    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.
   48  Be It Enacted by the Legislature of the State of Florida:
   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 No
   59  utility may not shall be 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 shall require 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.
  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 in This section or other provisions of law
  231  may not shall be 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 utilization of 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 shall this 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.