Florida Senate - 2021                              CS for SB 856
       
       
        
       By the Committee on Regulated Industries; and Senator Hutson
       
       
       
       
       
       580-02581-21                                           2021856c1
    1                        A bill to be entitled                      
    2         An act relating to the state preemption of
    3         transportation energy infrastructure regulation;
    4         creating s. 377.707, F.S.; defining terms; providing
    5         legislative findings; preempting the regulation of
    6         transportation energy infrastructure to the state;
    7         prohibiting a local government from taking specified
    8         actions relating to the regulation of transportation
    9         energy infrastructure; proving exceptions; providing
   10         construction; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 377.707, Florida Statutes, is created to
   15  read:
   16         377.707 State preemption of transportation energy
   17  infrastructure regulation.—
   18         (1) As used in this section, the term:
   19         (a) “Fuel” includes, but is not limited to, petroleum fuel,
   20  petroleum products, gasoline, diesel fuel, motor fuel, marine
   21  fuel, aviation fuel, renewable fuel, alternative fuel, natural
   22  gas fuel, hydrogen fuel, and electricity, when such fuel sources
   23  are used for transportation.
   24         (b) “Transportation energy infrastructure” means
   25  infrastructure supporting the production, importation, storage,
   26  and distribution of fuel.
   27         (2) The Legislature recognizes that affordable, reliable,
   28  and sustainable energy throughout this state is dependent upon
   29  transportation energy infrastructure networks extending beyond
   30  local government boundaries and recognizes the importance of
   31  consumer choice in the energy market.
   32         (3) The regulation of transportation energy infrastructure
   33  is expressly preempted to the state. A local government is
   34  prohibited from doing any of the following:
   35         (a) Adopting or implementing any law, ordinance,
   36  regulation, policy, or resolution that prohibits, restricts, or
   37  requires, or that has the effect of prohibiting, restricting, or
   38  requiring, the construction of new transportation energy
   39  infrastructure or the expansion, upgrading, or repair of
   40  existing transportation energy infrastructure, or imposing any
   41  requirement regulating transportation energy infrastructure that
   42  is more stringent than state law or department rule, except for
   43  local ordinances regulating petroleum storage system
   44  construction, operation, and maintenance which were enacted
   45  pursuant to section 376.317(3)(a).
   46         (b) Amending its comprehensive plan, land use map, zoning
   47  districts, or land development regulations in a manner that
   48  would conflict with an existing transportation energy
   49  infrastructure classification as a permitted and allowable use,
   50  including, but not limited to, an amendment that causes an
   51  existing transportation energy infrastructure to be a
   52  nonconforming use, structure, or development.
   53         (c) Imposing requirements that are more stringent than
   54  state law or rule.
   55         (4) This section does not limit the authority of a local
   56  government to adopt, implement, modify, and enforce:
   57         (a) Applicable federal and state requirements for
   58  transportation energy infrastructure, including safety and
   59  building standards; or
   60         (b) Local safety and building standards that do not
   61  conflict with federal or state safety and security requirements
   62  for transportation energy infrastructure.
   63         (5) Any existing or future law, ordinance, regulation,
   64  policy, or resolution that is contrary to this section is void.
   65         Section 2. This act shall take effect July 1, 2021.