Florida Senate - 2018                                     SB 494
       
       
        
       By Senator Lee
       
       
       
       
       
       20-00438-18                                            2018494__
    1                        A bill to be entitled                      
    2         An act relating to linear facilities; amending s.
    3         163.3221, F.S.; revising the definition of the term
    4         “development” to exclude work by certain utility
    5         providers on utility infrastructure on certain rights
    6         of-way or corridors; revising the definition to
    7         exclude the creation or termination of distribution
    8         and transmission corridors; amending s. 380.04, F.S.;
    9         revising the definition of the term “development” to
   10         exclude work by certain utility providers on utility
   11         infrastructure on certain rights-of-way or corridors;
   12         revising the definition to exclude the creation or
   13         termination of distribution and transmission
   14         corridors; amending s. 403.511, F.S.; requiring the
   15         consideration of a certain variance standard when
   16         including conditions for the certification of an
   17         electrical power plant; clarifying that the Public
   18         Service Commission has exclusive jurisdiction to
   19         require underground transmission lines; amending s.
   20         403.531, F.S.; requiring the consideration of a
   21         certain variance standard when including conditions
   22         for the certification of a proposed transmission line
   23         corridor; clarifying that the Public Service
   24         Commission has exclusive jurisdiction to require
   25         underground transmission lines; providing an effective
   26         date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (b) of subsection (4) of section
   31  163.3221, Florida Statutes, is amended to read:
   32         163.3221 Florida Local Government Development Agreement
   33  Act; definitions.—As used in ss. 163.3220-163.3243:
   34         (4) “Development” means the carrying out of any building
   35  activity or mining operation, the making of any material change
   36  in the use or appearance of any structure or land, or the
   37  dividing of land into three or more parcels.
   38         (b) The following operations or uses shall not be taken for
   39  the purpose of this act to involve “development”:
   40         1. Work by a highway or road agency or railroad company for
   41  the maintenance or improvement of a road or railroad track, if
   42  the work is carried out on land within the boundaries of the
   43  right-of-way.
   44         2. Work by any utility and other persons engaged in the
   45  distribution or transmission of gas, electricity, or water, for
   46  the purpose of inspecting, repairing, or renewing on established
   47  rights-of-way or corridors, or constructing on established or to
   48  be established rights-of-way or corridors, any sewers, mains,
   49  pipes, cables, utility tunnels, power lines, towers, poles,
   50  tracks, or the like.
   51         3. Work for the maintenance, renewal, improvement, or
   52  alteration of any structure, if the work affects only the
   53  interior or the color of the structure or the decoration of the
   54  exterior of the structure.
   55         4. The use of any structure or land devoted to dwelling
   56  uses for any purpose customarily incidental to enjoyment of the
   57  dwelling.
   58         5. The use of any land for the purpose of growing plants,
   59  crops, trees, and other agricultural or forestry products;
   60  raising livestock; or for other agricultural purposes.
   61         6. A change in use of land or structure from a use within a
   62  class specified in an ordinance or rule to another use in the
   63  same class.
   64         7. A change in the ownership or form of ownership of any
   65  parcel or structure.
   66         8. The creation or termination of rights of access,
   67  riparian rights, easements, distribution and transmission
   68  corridors, covenants concerning development of land, or other
   69  rights in land.
   70         Section 2. Paragraphs (b) and (h) of subsection (3) of
   71  section 380.04, Florida Statutes, are amended to read:
   72         380.04 Definition of development.—
   73         (3) The following operations or uses shall not be taken for
   74  the purpose of this chapter to involve “development” as defined
   75  in this section:
   76         (b) Work by any utility and other persons engaged in the
   77  distribution or transmission of gas, electricity, or water, for
   78  the purpose of inspecting, repairing, or renewing on established
   79  rights-of-way or corridors, or constructing on established or to
   80  be established rights-of-way or corridors, any sewers, mains,
   81  pipes, cables, utility tunnels, power lines, towers, poles,
   82  tracks, or the like. This provision conveys no property interest
   83  and does not eliminate any applicable notice requirements to
   84  affected land owners.
   85         (h) The creation or termination of rights of access,
   86  riparian rights, easements, distribution and transmission
   87  corridors, covenants concerning development of land, or other
   88  rights in land.
   89         Section 3. Paragraph (b) of subsection (2) and subsection
   90  (4) of section 403.511, Florida Statutes, are amended to read:
   91         403.511 Effect of certification.—
   92         (2)
   93         (b)1. Except as provided in subsection (4), and in
   94  consideration of the standard for granting variances pursuant to
   95  s. 403.201, the certification may include conditions which
   96  constitute variances, exemptions, or exceptions from
   97  nonprocedural requirements of the department or any agency which
   98  were expressly considered during the proceeding, including, but
   99  not limited to, any site specific criteria, standards, or
  100  limitations under local land use and zoning approvals which
  101  affect the proposed electrical power plant or its site, unless
  102  waived by the agency and which otherwise would be applicable to
  103  the construction and operation of the proposed electrical power
  104  plant.
  105         2. No variance, exemption, exception, or other relief shall
  106  be granted from a state statute or rule for the protection of
  107  endangered or threatened species, aquatic preserves, Outstanding
  108  National Resource Waters, or Outstanding Florida Waters or for
  109  the disposal of hazardous waste, except to the extent authorized
  110  by the applicable statute or rule or except upon a finding in
  111  the certification order that the public interests set forth in
  112  s. 403.509(3) in certifying the electrical power plant at the
  113  site proposed by the applicant overrides the public interest
  114  protected by the statute or rule from which relief is sought.
  115         (4) This act shall not affect in any way the Public Service
  116  Commission’s ratemaking powers or its exclusive jurisdiction to
  117  require transmission lines to be located underground of the
  118  Public Service Commission under chapter 366; nor shall this act
  119  in any way affect the right of any local government to charge
  120  appropriate fees or require that construction be in compliance
  121  with applicable building construction codes.
  122         Section 4. Paragraph (b) of subsection (2) and subsection
  123  (4) of section 403.531, Florida Statutes, are amended to read:
  124         403.531 Effect of certification.—
  125         (2)
  126         (b) In consideration of the standard for granting variances
  127  pursuant to s. 403.201, the certification may include conditions
  128  that constitute variances and exemptions from nonprocedural
  129  standards or rules of the department or any other agency which
  130  were expressly considered during the certification review unless
  131  waived by the agency as provided in s. 403.526 and which
  132  otherwise would be applicable to the location of the proposed
  133  transmission line corridor or the construction, operation, and
  134  maintenance of the transmission lines.
  135         (4) This act does not in any way affect the commission’s
  136  ratemaking powers or its exclusive jurisdiction to require
  137  transmission lines to be located underground of the commission
  138  under chapter 366. This act does not in any way affect the right
  139  of any local government to charge appropriate fees or require
  140  that construction be in compliance with the National Electrical
  141  Safety Code, as prescribed by the commission.
  142         Section 5. This act shall take effect upon becoming a law.