Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 856
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Regulated Industries (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 377.707, Florida Statutes, is created to
    6  read:
    7         377.707 State preemption of transportation energy
    8  infrastructure regulation.—
    9         (1)As used in this section, the term:
   10         (a)“Fuel” includes, but is not limited to, petroleum fuel,
   11  petroleum products, gasoline, diesel fuel, motor fuel, marine
   12  fuel, aviation fuel, renewable fuel, alternative fuel, natural
   13  gas fuel, hydrogen fuel, and electricity, when such fuel sources
   14  are used for transportation.
   15         (b)Transportation energy infrastructure” means
   16  infrastructure supporting the production, importation, storage,
   17  and distribution of fuel.
   18         (2)The Legislature recognizes that affordable, reliable,
   19  and sustainable energy throughout this state is dependent upon
   20  transportation energy infrastructure networks extending beyond
   21  local government boundaries and recognizes the importance of
   22  consumer choice in the energy market.
   23         (3)The regulation of transportation energy infrastructure
   24  is expressly preempted to the state. A local government is
   25  prohibited from doing any of the following:
   26         (a)Adopting or implementing any law, ordinance,
   27  regulation, policy, or resolution that prohibits, restricts, or
   28  requires, or that has the effect of prohibiting, restricting, or
   29  requiring, the construction of new transportation energy
   30  infrastructure or the expansion, upgrading, or repair of
   31  existing transportation energy infrastructure, or imposing any
   32  requirement regulating transportation energy infrastructure that
   33  is more stringent than state law or department rule, except for
   34  local ordinances regulating petroleum storage system
   35  construction, operation, and maintenance which were enacted
   36  pursuant to section 376.317(3)(a).
   37         (b)Amending its comprehensive plan, land use map, zoning
   38  districts, or land development regulations in a manner that
   39  would conflict with an existing transportation energy
   40  infrastructure classification as a permitted and allowable use,
   41  including, but not limited to, an amendment that causes an
   42  existing transportation energy infrastructure to be a
   43  nonconforming use, structure, or development.
   44         (c)Imposing requirements that are more stringent than
   45  state law or rule.
   46         (4) This section does not limit the authority of a local
   47  government to adopt, implement, modify, and enforce:
   48         (a)Applicable federal and state requirements for
   49  transportation energy infrastructure, including safety and
   50  building standards; or
   51         (b)Local safety and building standards that do not
   52  conflict with federal or state safety and security requirements
   53  for transportation energy infrastructure.
   54         (5)Any existing or future law, ordinance, regulation,
   55  policy, or resolution that is contrary to this section is void.
   56         Section 2. This act shall take effect July 1, 2021.
   58  ================= T I T L E  A M E N D M E N T ================
   59  And the title is amended as follows:
   60         Delete everything before the enacting clause
   61  and insert:
   62                        A bill to be entitled                      
   63         An act relating to the state preemption of
   64         transportation energy infrastructure regulation;
   65         creating s. 377.707, F.S.; defining terms; providing
   66         legislative findings; preempting the regulation of
   67         transportation energy infrastructure to the state;
   68         prohibiting a local government from taking specified
   69         actions relating to the regulation of transportation
   70         energy infrastructure; proving exceptions; providing
   71         construction; providing an effective date.