Florida Senate - 2021                                     SB 856
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00988A-21                                            2021856__
    1                        A bill to be entitled                      
    2         An act relating to the state preemption of energy
    3         infrastructure regulations; creating s. 377.6013,
    4         F.S.; defining the term “energy infrastructure”;
    5         preempting to the state the regulation of the
    6         construction of energy infrastructure; providing
    7         construction; providing an effective date.
    8  
    9         WHEREAS, the Legislature finds that affordable, reliable,
   10  and sustainable energy throughout this state is dependent upon
   11  energy infrastructure networks extending beyond local
   12  governmental boundaries, and
   13         WHEREAS, the Legislature recognizes the importance of
   14  consumer choice in the energy market, NOW, THEREFORE,
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 377.6013, Florida Statutes, is created
   19  to read:
   20         377.6013 Construction of energy infrastructure;
   21  preemption.—
   22         (1) As used in this section, the term “energy
   23  infrastructure” means infrastructure used to support the
   24  production, import, storage, and distribution of natural gas;
   25  petroleum; petroleum products; electricity; biomass; renewable
   26  fuels; hydrogen; or solar, wind, or geothermal energy.
   27         (2) The regulation of the construction of energy
   28  infrastructure is expressly preempted to the state. A local
   29  governmental entity may not do any of the following:
   30         (a) Implement any law, ordinance, regulation, policy, or
   31  resolution that prohibits, restricts, or requires, or has the
   32  effect of prohibiting, restricting, or requiring, the
   33  construction of new or the expansion, upgrading, or repair of
   34  existing energy infrastructure.
   35         (b) Impose requirements that are more stringent than state
   36  law or rule.
   37         Section 2. Any local governmental law, ordinance,
   38  regulation, policy, or resolution that is preempted by this act
   39  and that existed before, on, or after July 1, 2021, is void.
   40         Section 3. This act shall take effect July 1, 2021.