Florida Senate - 2021 SB 1008
By Senator Hutson
7-01119-21 20211008__
1 A bill to be entitled
2 An act relating to solar electrical generating
3 facilities; creating s. 163.3205, F.S.; providing
4 legislative intent; defining the term “solar
5 facility”; providing that solar facilities are a
6 permitted use in local government comprehensive plan
7 agricultural land use categories and certain
8 agricultural zoning districts; requiring solar
9 facilities to comply with specified criteria;
10 authorizing counties to adopt certain ordinances;
11 specifying requirements for such ordinances; amending
12 s. 403.503, F.S.; redefining the term “electrical
13 power plant”; amending s. 403.506, F.S.; increasing
14 the capacity threshold of solar electrical generating
15 facilities exempt from certification under the Florida
16 Electrical Power Plant Siting Act; reenacting ss.
17 366.93(1)(c) and (d), 380.23(3)(c), 403.031(20), and
18 403.5175(1), F.S., relating to the definition of the
19 term “integrated gasification combined cycle power
20 plant” or “plant,” federal consistency in permits and
21 licenses required for the sitting and construction of
22 new electrical power plants, the definition of the
23 term “electrical power plant,” and existing electrical
24 power plant site certifications, respectively, to
25 incorporate the amendment made to s. 403.503, F.S., in
26 references thereto; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 163.3205, Florida Statutes, is created
31 to read:
32 163.3205 Solar facility approval process.—
33 (1) It is the intent of the Legislature to encourage
34 renewable solar electrical generation throughout the state. It
35 is essential that solar facilities and associated electric
36 infrastructure be constructed and maintained in various
37 locations throughout the state in order to ensure renewable
38 energy production which is critical to the state’s energy and
39 economic future.
40 (2) As used in this section, the term “solar facility”
41 means a production facility for electric power that:
42 (a) Uses photovoltaic modules to convert solar energy to
43 electricity which is delivered to a transmission system and
44 consumed primarily offsite.
45 (b) Consists principally of photovoltaic modules, a
46 mounting or racking system, power inverters, transformers,
47 collection systems, and associated components.
48 (c) May also include accessory administration or
49 maintenance buildings, electric transmission lines, substations,
50 energy storage equipment, and related accessory uses and
51 structures.
52 (3) A solar facility shall be a permitted use in all
53 agricultural land use categories in a local government
54 comprehensive plan and all agricultural zoning districts within
55 an unincorporated area, and must comply with the setback and
56 landscaped buffer area criteria for other similar uses in the
57 agricultural district.
58 (4) A county may adopt an ordinance specifying buffer and
59 landscaping requirements for solar facilities. Such requirements
60 may not exceed the requirements for similar uses involving the
61 construction of other facilities that are permitted uses in
62 agricultural land use categories and zoning districts.
63 Section 2. Subsection (14) of section 403.503, Florida
64 Statutes, is amended to read:
65 403.503 Definitions relating to Florida Electrical Power
66 Plant Siting Act.—As used in this act:
67 (14) “Electrical power plant” means, for the purpose of
68 certification, any steam or solar electrical generating facility
69 using any process or fuel, including nuclear materials, except
70 that this term does not include any steam or solar electrical
71 generating facility of less than 75 megawatts in capacity or
72 solar electrical generating facility of less than 150 megawatts
73 in capacity unless the applicant for such a facility elects to
74 apply for certification under this act. This term also includes
75 the site; all associated facilities that will be owned by the
76 applicant that are physically connected to the site; all
77 associated facilities that are indirectly connected to the site
78 by other proposed associated facilities that will be owned by
79 the applicant; and associated transmission lines that will be
80 owned by the applicant which connect the electrical power plant
81 to an existing transmission network or rights-of-way to which
82 the applicant intends to connect. At the applicant’s option,
83 this term may include any offsite associated facilities that
84 will not be owned by the applicant; offsite associated
85 facilities that are owned by the applicant but that are not
86 directly connected to the site; any proposed terminal or
87 intermediate substations or substation expansions connected to
88 the associated transmission line; or new transmission lines,
89 upgrades, or improvements of an existing transmission line on
90 any portion of the applicant’s electrical transmission system
91 necessary to support the generation injected into the system
92 from the proposed electrical power plant.
93 Section 3. Subsection (1) of section 403.506, Florida
94 Statutes, is amended to read:
95 403.506 Applicability, thresholds, and certification.—
96 (1) The provisions of This act applies shall apply to any
97 electrical power plant as defined in s. 403.503 herein, except
98 that the provisions of this act does shall not apply to a steam
99 electrical generating facility of less than 75 megawatts in
100 gross capacity or a solar electrical generating facility of less
101 than 150 any electrical power plant of less than 75 megawatts in
102 gross capacity, including its associated facilities, unless the
103 applicant for such a facility has elected to apply for
104 certification of such electrical power plant under this act. The
105 provisions of This act does shall not apply to capacity
106 expansions of 75 megawatts or less, in the aggregate, of an
107 existing exothermic reaction cogeneration electrical generating
108 facility that was exempt from this act when it was originally
109 built; however, this exemption does shall not apply if the unit
110 uses oil or natural gas for purposes other than unit startup. No
111 Construction of any new electrical power plant or expansion in
112 steam generating capacity as measured by an increase in the
113 maximum electrical generator rating of any existing electrical
114 power plant may not be undertaken after October 1, 1973, without
115 first obtaining certification pursuant to this act in the manner
116 as herein provided, except that this act does shall not apply to
117 any such electrical power plant which is presently operating or
118 under construction or which has, upon the effective date of
119 chapter 73-33, Laws of Florida, applied for a permit or
120 certification under requirements in force before prior to the
121 effective date of this such act.
122 Section 4. For the purpose of incorporating the amendment
123 made by this act to section 403.503, Florida Statutes, in a
124 reference thereto, paragraphs (c) and (d) of subsection (1) of
125 section 366.93, Florida Statutes, are reenacted to read:
126 366.93 Cost recovery for the siting, design, licensing, and
127 construction of nuclear and integrated gasification combined
128 cycle power plants.—
129 (1) As used in this section, the term:
130 (c) “Integrated gasification combined cycle power plant” or
131 “plant” means an electrical power plant as defined in s.
132 403.503(14) which uses synthesis gas produced by integrated
133 gasification technology.
134 (d) “Nuclear power plant” or “plant” means an electrical
135 power plant as defined in s. 403.503(14) which uses nuclear
136 materials for fuel.
137 Section 5. For the purpose of incorporating the amendment
138 made by this act to section 403.503, Florida Statutes, in a
139 reference thereto, paragraph (c) of subsection (3) of section
140 380.23, Florida Statutes, is reenacted to read:
141 380.23 Federal consistency.—
142 (3) Consistency review shall be limited to review of the
143 following activities, uses, and projects to ensure that such
144 activities, uses, and projects are conducted in accordance with
145 the state’s coastal management program:
146 (c) Federally licensed or permitted activities affecting
147 land or water uses when such activities are in or seaward of the
148 jurisdiction of local governments required to develop a coastal
149 zone protection element as provided in s. 380.24 and when such
150 activities involve:
151 1. Permits and licenses required under the Rivers and
152 Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
153 2. Permits and licenses required under the Marine
154 Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
155 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
156 3. Permits and licenses required under the Federal Water
157 Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
158 amended, unless such permitting activities have been delegated
159 to the state pursuant to said act.
160 4. Permits and licenses relating to the transportation of
161 hazardous substance materials or transportation and dumping
162 which are issued pursuant to the Hazardous Materials
163 Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
164 33 U.S.C. s. 1321, as amended.
165 5. Permits and licenses required under 15 U.S.C. ss. 717
166 717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
167 1331-1356 for construction and operation of interstate gas
168 pipelines and storage facilities.
169 6. Permits and licenses required for the siting and
170 construction of any new electrical power plants as defined in s.
171 403.503(14), as amended, and the licensing and relicensing of
172 hydroelectric power plants under the Federal Power Act, 16
173 U.S.C. ss. 791a et seq., as amended.
174 7. Permits and licenses required under the Mining Law of
175 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
176 Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
177 Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
178 amended; the Federal Land Policy and Management Act, 43 U.S.C.
179 ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
180 U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
181 U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
182 pipelines, geological and geophysical activities, or rights-of
183 way on public lands and permits and licenses required under the
184 Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
185 amended.
186 8. Permits and licenses for areas leased under the OCS
187 Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
188 leases and approvals of exploration, development, and production
189 plans.
190 9. Permits and licenses required under the Deepwater Port
191 Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
192 10. Permits required for the taking of marine mammals under
193 the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
194 s. 1374.
195 Section 6. For the purpose of incorporating the amendment
196 made by this act to section 403.503, Florida Statutes, in a
197 reference thereto, subsection (20) of section 403.031, Florida
198 Statutes, is reenacted to read:
199 403.031 Definitions.—In construing this chapter, or rules
200 and regulations adopted pursuant hereto, the following words,
201 phrases, or terms, unless the context otherwise indicates, have
202 the following meanings:
203 (20) “Electrical power plant” means, for purposes of this
204 part of this chapter, any electrical generating facility that
205 uses any process or fuel and that is owned or operated by an
206 electric utility, as defined in s. 403.503(14), and includes any
207 associated facility that directly supports the operation of the
208 electrical power plant.
209 Section 7. For the purpose of incorporating the amendment
210 made by this act to section 403.503, Florida Statutes, in a
211 reference thereto, subsection (1) of section 403.5175, Florida
212 Statutes, is reenacted to read:
213 403.5175 Existing electrical power plant site
214 certification.—
215 (1) An electric utility that owns or operates an existing
216 electrical power plant as defined in s. 403.503(14) may apply
217 for certification of an existing power plant and its site in
218 order to obtain all agency licenses necessary to ensure
219 compliance with federal or state environmental laws and
220 regulation using the centrally coordinated, one-stop licensing
221 process established by this part. An application for
222 certification under this section must be in the form prescribed
223 by department rule. Applications must be reviewed and processed
224 using the same procedural steps and notices as for an
225 application for a new facility, except that a determination of
226 need by the Public Service Commission is not required.
227 Section 8. This act shall take effect July 1, 2021.