Senate Bill sb2164

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    Florida Senate - 2006                                  SB 2164

    By Senator Aronberg





    27-887C-06

  1                      A bill to be entitled

  2         An act relating to the siting of electric

  3         transmission lines; amending s. 403.52, F.S.;

  4         changing the short title to the "Florida

  5         Electric Transmission Line Siting Act";

  6         amending s. 403.521, F.S.; revising legislative

  7         intent; amending s. 403.522, F.S.; revising

  8         definitions; defining the terms "licensee" and

  9         "maintenance and access roads"; amending s.

10         403.523, F.S.; revising powers and duties of

11         the Department of Environmental Protection;

12         requiring the department to collect and process

13         fees, to prepare a project analysis, to act as

14         clerk for the siting board, and to administer

15         and manage the terms and conditions of the

16         certification order and supporting documents

17         and records; amending s. 403.524, F.S.;

18         revising provisions for applicability,

19         certification, and exemptions under the act;

20         revising provisions for notice by an electric

21         utility of its intent to construct an exempt

22         transmission line; amending s. 403.525, F.S.;

23         providing for powers and duties of the

24         administrative law judge designated by the

25         Division of Administrative Hearings to conduct

26         the required hearings; amending s. 403.5251,

27         F.S.; revising application procedures and

28         schedules; providing for the formal date of

29         filing an application for certification and

30         commencement of the certification review

31         process; requiring the department to prepare a

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    Florida Senate - 2006                                  SB 2164
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 1         proposed schedule of dates for determination of

 2         completeness and other significant dates to be

 3         followed during the certification process;

 4         providing for the formal date of application

 5         distribution; requiring the applicant to

 6         provide notice of filing the application;

 7         amending s. 403.5252, F.S.; revising timeframes

 8         and procedures for determination of

 9         completeness of the application; requiring the

10         department to consult with affected agencies;

11         revising requirements for the department to

12         file a statement of its determination of

13         completeness with the Division of

14         Administrative Hearings, the applicant, and all

15         parties within a certain time after

16         distribution of the application; revising

17         requirements for the applicant to file a

18         statement with the department, the division,

19         and all parties, if the department determines

20         the application is not complete; providing for

21         that statement to notify the department whether

22         the information will be provided; revising

23         timeframes and procedures for contests of the

24         determination by the department; providing for

25         parties to a hearing on the issue of

26         completeness; amending s. 403.526, F.S.;

27         revising criteria and procedures for

28         preliminary statements of issues, reports, and

29         studies; revising timeframes; requiring that

30         the preliminary statement of issues from each

31         affected agency be submitted to the department

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    Florida Senate - 2006                                  SB 2164
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 1         and the applicant; revising criteria for the

 2         Department of Community Affairs' report;

 3         requiring the Department of Transportation, the

 4         Public Service Commission, and any other

 5         affected agency to prepare a project report;

 6         revising required content of the report;

 7         providing for notice of any nonprocedural

 8         requirements not listed in the application;

 9         providing for failure to provide such

10         notification; providing for a recommendation

11         for approval or denial of the application;

12         providing that receipt of an affirmative

13         determination of need is a condition precedent

14         to further processing of the application;

15         requiring that the department prepare a project

16         analysis to be filed with the administrative

17         law judge and served on all parties within a

18         certain time; amending s. 403.527, F.S.;

19         revising procedures and timeframes for the

20         certification hearing conducted by the

21         administrative law judge; revising provisions

22         for notices and publication of notices, public

23         hearings held by local governments, testimony

24         at the public-hearing portion of the

25         certification hearing, the order of

26         presentations at the hearing, and consideration

27         of certain communications by the administrative

28         law judge; requiring the applicant to pay

29         certain expenses and costs; requiring the

30         administrative law judge to issue a recommended

31         order disposing of the application; requiring

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    Florida Senate - 2006                                  SB 2164
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 1         that certain notices be made in accordance with

 2         specified requirements and within a certain

 3         time; requiring the Department of

 4         Transportation to be a party to the

 5         proceedings; providing for the administrative

 6         law judge to cancel the certification hearing

 7         and relinquish jurisdiction to the Department

 8         of Environmental Protection upon request by the

 9         applicant or the department; requiring the

10         department and the applicant to publish notice

11         of such cancellation; providing for parties to

12         submit proposed recommended orders to the

13         department when the certification hearing has

14         been canceled; providing that the department

15         prepare a recommended order for final action by

16         the siting board when the hearing has been

17         canceled; amending s. 403.5271, F.S.; revising

18         procedures and timeframes for consideration of

19         proposed alternate corridors; revising notice

20         requirements; providing for notice of the

21         filing of the alternate corridor and revised

22         time schedules; providing for notice to

23         agencies newly affected by the proposed

24         alternate corridor; requiring the person

25         proposing the alternate corridor to provide all

26         data to the agencies within a certain time;

27         providing for a determination by the department

28         that the data is not complete; providing for

29         withdrawal of the proposed alternate corridor

30         upon such determination; requiring that

31         agencies file reports with the applicant and

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 1         the department which address the proposed

 2         alternate corridor; requiring that the

 3         department file with the administrative law

 4         judge, the applicant, and all parties a project

 5         analysis of the proposed alternate corridor;

 6         providing that the party proposing an alternate

 7         corridor has the burden of proof concerning the

 8         certifiability of the alternate corridor;

 9         amending s. 403.5272, F.S.; revising procedures

10         for informational public meetings; providing

11         for informational public meetings held by

12         regional planning councils; revising

13         timeframes; amending s. 403.5275, F.S.;

14         revising provisions for amendment to the

15         application prior to certification; amending s.

16         403.528, F.S.; providing that a comprehensive

17         application encompassing more than one proposed

18         transmission line may be good cause for

19         altering established time limits; amending s.

20         403.529, F.S.; revising provisions for final

21         disposition of the application by the siting

22         board; providing for the administrative law

23         judge's or department's recommended order;

24         amending s. 403.531, F.S.; revising provisions

25         for conditions of certification; amending s.

26         403.5312, F.S.; requiring the applicant to file

27         notice of a certified corridor route with the

28         department; amending s. 403.5315, F.S.;

29         revising the circumstances under which a

30         certification may be modified after the

31         certification has been issued; providing for

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 1         procedures if objections are raised to the

 2         proposed modification; creating s. 403.5317,

 3         F.S.; providing procedures for changes proposed

 4         by the licensee after certification; requiring

 5         the department to determine within a certain

 6         time if the proposed change requires

 7         modification of the conditions of

 8         certification; requiring notice to the

 9         licensee, all agencies, and all parties of

10         changes that are approved as not requiring

11         modification of the conditions of

12         certification; creating s. 403.5363, F.S.;

13         requiring publication of certain notices by the

14         applicant, the proponent of an alternate

15         corridor, and the department; requiring the

16         department to adopt rules specifying the

17         content of such notices; amending s. 403.5365,

18         F.S.; revising application fees and the

19         distribution of fees collected; revising

20         procedures for reimbursement of local

21         governments and regional planning

22         organizations; amending s. 403.537, F.S.;

23         revising the schedule for notice of a public

24         hearing by the Public Service Commission in

25         order to determine the need for a transmission

26         line; providing that the commission is the sole

27         forum in which to determine the need for a

28         transmission line; amending s. 403.061, F.S.;

29         conforming provisions to changes made in the

30         act; amending ss. 373.441, 403.0876, and

31         403.809, F.S.; conforming terminology to

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 1         changes made by the act; repealing ss. 403.5253

 2         and 403.5369, F.S., relating to determination

 3         of sufficiency of application or amendment to

 4         the application and the application of the act

 5         to applications filed before a certain date;

 6         providing an effective date.

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Section 403.52, Florida Statutes, is

11  amended to read:

12         403.52  Short title.--Sections 403.52-403.5365 may be

13  cited as the "Florida Electric Transmission Line Siting Act."

14         Section 2.  Section 403.521, Florida Statutes, is

15  amended to read:

16         403.521  Legislative intent.--The legislative intent of

17  this act is to establish a centralized and coordinated

18  licensing permitting process for the location of electric

19  transmission line corridors and the construction, operation,

20  and maintenance of electric transmission lines, which are

21  critical infrastructure facilities. This necessarily involves

22  several broad interests of the public addressed through the

23  subject matter jurisdiction of several agencies.  The

24  Legislature recognizes that electric transmission lines will

25  have an effect upon the reliability of the electric power

26  system, the environment, land use, and the welfare of the

27  population.  Recognizing the need to ensure electric power

28  system reliability and integrity, and in order to meet

29  electric electrical energy needs in an orderly and timely

30  fashion, the centralized and coordinated licensing permitting

31  process established by this act is intended to further the

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 1  legislative goal of ensuring through available and reasonable

 2  methods that the location of transmission line corridors and

 3  the construction, operation, and maintenance of electric

 4  transmission lines produce minimal adverse effects on the

 5  environment and public health, safety, and welfare while not

 6  unduly conflicting with the goals established by the

 7  applicable local comprehensive plan. It is the intent of this

 8  act to fully balance the need for transmission lines with the

 9  broad interests of the public in order to effect a reasonable

10  balance between the need for the facility as a means of

11  providing reliable, economical, and efficient electric

12  abundant low-cost electrical energy and the impact on the

13  public and the environment resulting from the location of the

14  transmission line corridor and the construction, operation,

15  and maintenance of the transmission lines.  The Legislature

16  intends that the provisions of chapter 120 apply to this act

17  and to proceedings under pursuant to it except as otherwise

18  expressly exempted by other provisions of this act.

19         Section 3.  Section 403.522, Florida Statutes, is

20  amended to read:

21         403.522  Definitions relating to the Florida Electric

22  Transmission Line Siting Act.--As used in this act:

23         (1)  "Act" means the Florida Electric Transmission Line

24  Siting Act.

25         (2)  "Agency," as the context requires, means an

26  official, officer, commission, authority, council, committee,

27  department, division, bureau, board, section, or other unit or

28  entity of government, including a county, municipality, or

29  other regional or local governmental entity.

30  

31  

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 1         (3)  "Amendment" means a material change in information

 2  provided by the applicant to the application for certification

 3  made after the initial application filing.

 4         (4)  "Applicant" means any electric utility that which

 5  applies for certification under pursuant to the provisions of

 6  this act.

 7         (5)  "Application" means the documents required by the

 8  department to be filed to initiate and support a certification

 9  review and evaluation, including the initial document filing,

10  amendments, and responses to requests from the department for

11  additional data and information proceeding. An electric

12  utility may file a comprehensive application encompassing all

13  or a part of one or more proposed transmission lines.

14         (6)  "Board" means the Governor and Cabinet sitting as

15  the siting board.

16         (7)  "Certification" means the approval by the board of

17  the license for a corridor proper for certification pursuant

18  to subsection (10) and the construction, operation, and

19  maintenance of transmission lines within the such corridor

20  with the such changes or conditions as the siting board deems

21  appropriate. Certification shall be evidenced by a written

22  order of the board.

23         (8)  "Commission" means the Florida Public Service

24  Commission.

25         (9)  "Completeness" means that the application has

26  addressed all applicable sections of the prescribed

27  application format and, but does not mean that those sections

28  are sufficient in comprehensiveness of data or in quality of

29  information provided to allow the department to determine

30  whether the application provides the reviewing agencies

31  

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 1  adequate information to prepare the reports required by s.

 2  403.526.

 3         (10)  "Corridor" means the proposed area within which a

 4  transmission line right-of-way, including maintenance and

 5  access roads, is to be located.  The width of the corridor

 6  proposed for certification by an applicant or other party, at

 7  the option of the applicant, may be the width of the

 8  transmission line right-of-way, or a wider boundary, not to

 9  exceed a width of 1 mile.  The area within the corridor in

10  which a right-of-way may be located may be further restricted

11  by a condition of certification.  After all property interests

12  required for the transmission line right-of-way and

13  maintenance and access roads have been acquired by the

14  applicant, the boundaries of the area certified shall narrow

15  to only that land within the boundaries of the transmission

16  line right-of-way.  The corridors proper for certification

17  shall be those addressed in the application, in amendments to

18  the application filed under pursuant to s. 403.5275, and in

19  notices of acceptance of proposed alternate corridors filed by

20  an applicant and the department pursuant to s. 403.5271 for

21  which the required sufficient information for the preparation

22  of agency supplemental reports was filed.

23         (11)  "Department" means the Department of

24  Environmental Protection.

25         (12)  "Electric utility" means cities and towns,

26  counties, public utility districts, regulated electric

27  companies, electric cooperatives, regional transmission

28  organizations, operators of independent transmission systems,

29  or other transmission organizations approved by the Federal

30  Energy Regulatory Commission or the commission for the

31  operation of transmission facilities, and joint operating

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 1  agencies, or combinations thereof, engaged in, or authorized

 2  to engage in, the business of generating, transmitting, or

 3  distributing electric energy.

 4         (13)  "License" means a franchise, permit,

 5  certification, registration, charter, comprehensive plan

 6  amendment, development order or permit as defined in chapters

 7  163 and 380, or similar form of authorization required by law,

 8  but it does not include a license required primarily for

 9  revenue purposes when issuance of the license is merely a

10  ministerial act.

11         (14)  "Licensee" means an applicant that has obtained a

12  certification order for the subject project.

13         (15)(14)  "Local government" means a municipality or

14  county in the jurisdiction of which the project is proposed to

15  be located.

16         (16)  "Maintenance and access roads" mean roads

17  constructed within the transmission line right-of-way. Nothing

18  in this act prohibits an applicant from constructing a road to

19  support construction, operation, or maintenance of the

20  transmission line that lies outside the transmission line

21  right-of-way.

22         (17)(15)  "Modification" means any change in the

23  certification order after issuance, including a change in the

24  conditions of certification.

25         (18)(16)  "Nonprocedural requirements of agencies"

26  means any agency's regulatory requirements established by

27  statute, rule, ordinance, or comprehensive plan, excluding any

28  provisions prescribing forms, fees, procedures, or time limits

29  for the review or processing of information submitted to

30  demonstrate compliance with such regulatory requirements.

31  

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 1         (19)(17)  "Person" means an individual, partnership,

 2  joint venture, private or public corporation, association,

 3  firm, public service company, political subdivision, municipal

 4  corporation, government agency, public utility district, or

 5  any other entity, public or private, however organized.

 6         (20)(18)  "Preliminary statement of issues" means a

 7  listing and explanation of those issues within the agency's

 8  jurisdiction which are of major concern to the agency in

 9  relation to the proposed electric electrical transmission line

10  corridor.

11         (21)(19)  "Regional planning council" means a regional

12  planning council as defined in s. 186.503(4) in the

13  jurisdiction of which the project is proposed to be located.

14         (20)  "Sufficiency" means that the application is not

15  only complete but that all sections are adequate in the

16  comprehensiveness of data and in the quality of information

17  provided to allow the department to determine whether the

18  application provides the reviewing agencies adequate

19  information to prepare the reports authorized by s. 403.526.

20         (22)(21)  "Transmission line" or "electric transmission

21  line" means structures, maintenance and access roads, and all

22  other facilities that need to be constructed, operated, or

23  maintained for the purpose of conveying electric power any

24  electrical transmission line extending from, but not

25  including, an existing or proposed substation or power plant

26  to, but not including, an existing or proposed transmission

27  network or rights-of-way or substation to which the applicant

28  intends to connect which defines the end of the proposed

29  project and which is designed to operate at 230 kilovolts or

30  more. The starting point and ending point of a transmission

31  line must be specifically defined by the applicant and must be

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 1  verified by the commission in its determination of need. A

 2  transmission line includes structures and maintenance and

 3  access roads that need to be constructed for the project to

 4  become operational.  The transmission line may include, at the

 5  applicant's option, any proposed terminal or intermediate

 6  substations or substation expansions necessary to serve the

 7  transmission line.

 8         (23)(22)  "Transmission line right-of-way" means land

 9  necessary for the construction and maintenance of a

10  transmission line.  The typical width of the right-of-way

11  shall be identified in the application.  The right-of-way

12  shall be located within the certified corridor and shall be

13  identified by the applicant subsequent to certification in

14  documents filed with the department before prior to

15  construction.

16         (24)(23)  "Water management district" means a water

17  management district created pursuant to chapter 373 in the

18  jurisdiction of which the project is proposed to be located.

19         Section 4.  Section 403.523, Florida Statutes, is

20  amended to read:

21         403.523  Department of Environmental Protection; powers

22  and duties.--The department has shall have the following

23  powers and duties:

24         (1)  To adopt procedural rules pursuant to ss.

25  120.536(1) and 120.54 to administer implement the provisions

26  of this act and to adopt or amend rules to implement the

27  provisions of subsection (10).

28         (2)  To prescribe the form and content of the public

29  notices and the form, content, and necessary supporting

30  documentation, and any required studies, for certification

31  

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 1  applications. All such data and studies shall be related to

 2  the jurisdiction of the agencies relevant to the application.

 3         (3)  To receive applications for transmission line and

 4  corridor certifications and initially determine the

 5  completeness and sufficiency thereof.

 6         (4)  To make or contract for studies of certification

 7  applications. All such studies shall be related to the

 8  jurisdiction of the agencies relevant to the application. For

 9  studies in areas outside the jurisdiction of the department

10  and in the jurisdiction of another agency, the department may

11  initiate such studies, but only with the consent of the such

12  agency.

13         (5)  To administer the processing of applications for

14  certification and ensure that the applications, including

15  postcertification reviews, are processed on an expeditious and

16  priority basis as expeditiously as possible.

17         (6)  To collect and process require such fees as

18  allowed by this act.

19         (7)  To prepare a report and project written analysis

20  as required by s. 403.526.

21         (8)  To prescribe the means for monitoring the effects

22  arising from the location of the transmission line corridor

23  and the construction and maintenance of the transmission lines

24  to assure continued compliance with the terms of the

25  certification.

26         (9)  To make a determination of acceptability of any

27  alternate corridor proposed for consideration under pursuant

28  to s. 403.5271.

29         (10)  To set requirements that reasonably protect the

30  public health and welfare from the electric and magnetic

31  

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 1  fields of transmission lines for which an application is filed

 2  under after the effective date of this act.

 3         (11)  To present rebuttal evidence on any issue

 4  properly raised at the certification hearing.

 5         (12)  To issue final orders after receipt of the

 6  administrative law judge's order relinquishing jurisdiction

 7  pursuant to s. 403.527(6).

 8         (13)  To act as clerk for the siting board.

 9         (14)  To administer and manage the terms and conditions

10  of the certification order and supporting documents and

11  records for the life of the facility.

12         (15)  To issue emergency orders on behalf of the board

13  for facilities licensed under this act.

14         Section 5.  Section 403.524, Florida Statutes, is

15  amended to read:

16         403.524  Applicability; and certification;

17  exemptions.--

18         (1)  The provisions of This act applies apply to each

19  transmission line, except a transmission line certified under

20  pursuant to the Florida Electrical Power Plant Siting Act.

21         (2)  Except as provided in subsection (1), no

22  construction of a any transmission line may not be undertaken

23  without first obtaining certification under this act, but the

24  provisions of this act does do not apply to:

25         (a)  Transmission lines for which development approval

26  has been obtained under pursuant to chapter 380.

27         (b)  Transmission lines that which have been exempted

28  by a binding letter of interpretation issued under s.

29  380.06(4), or in which the Department of Community Affairs or

30  its predecessor agency has determined the utility to have

31  

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 1  vested development rights within the meaning of s. 380.05(18)

 2  or s. 380.06(20).

 3         (c)  Transmission line development in which all

 4  construction is limited to established rights-of-way.

 5  Established rights-of-way include such rights-of-way

 6  established at any time for roads, highways, railroads, gas,

 7  water, oil, electricity, or sewage and any other public

 8  purpose rights-of-way. If an established transmission line

 9  right-of-way is used to qualify for this exemption, the

10  transmission line right-of-way must have been established at

11  least 5 years before notice of the start of construction under

12  subsection (4) of the proposed transmission line. If an

13  established transmission line right-of-way is relocated to

14  accommodate a public project, the date the original

15  transmission line right-of-way was established applies to the

16  relocated transmission line right-of-way for purposes of this

17  exemption. Except for transmission line rights-of-way,

18  established rights-of-way include rights-of-way created before

19  or after October 1, 1983.  For transmission line

20  rights-of-way, established rights-of-way include rights-of-way

21  created before October 1, 1983.

22         (d)  Unless the applicant has applied for certification

23  under this act, transmission lines that which are less than 15

24  miles in length or are located in a single which do not cross

25  a county within the state line, unless the applicant has

26  elected to apply for certification under the act.

27         (3)  The exemption of a transmission line under this

28  act does not constitute an exemption for the transmission line

29  from other applicable permitting processes under other

30  provisions of law or local government ordinances.

31  

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 1         (4)  An electric A utility shall notify the department

 2  in writing, before prior to the start of construction, of its

 3  intent to construct a transmission line exempted under

 4  pursuant to this section. The Such notice is shall be only for

 5  information purposes, and no action by the department is not

 6  shall be required pursuant to the such notice. This notice may

 7  be included in any submittal filed with the department before

 8  the start of construction demonstrating that a new

 9  transmission line complies with the applicable electric and

10  magnetic field standards.

11         Section 6.  Section 403.525, Florida Statutes, is

12  amended to read:

13         403.525  Appointment of Administrative law judge;

14  appointment; powers and duties.--

15         (1)(a)  Within 7 days after receipt of an application,

16  whether complete or not, the department shall request the

17  Division of Administrative Hearings to designate an

18  administrative law judge to conduct the hearings required by

19  this act.

20         (b)  The division director shall designate an

21  administrative law judge to conduct the hearings required by

22  this act within 7 days after receipt of the request from the

23  department. Whenever practicable, the division director shall

24  assign an administrative law judge who has had prior

25  experience or training in this type of certification

26  proceeding.

27         (c)  Upon being advised that an administrative law

28  judge has been designated, the department shall immediately

29  file a copy of the application and all supporting documents

30  with the administrative law judge, who shall docket the

31  application.

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 1         (2)  The administrative law judge has all powers and

 2  duties granted to administrative law judges under chapter 120

 3  and by the laws and rules of the department.

 4         Section 7.  Section 403.5251, Florida Statutes, is

 5  amended to read:

 6         403.5251  Distribution of Application; schedules.--

 7         (1)(a)  The formal date of the filing of the

 8  application for certification and commencement of the review

 9  process for certification is the date on which the applicant

10  submits:

11         1.  Copies of the application for certification in a

12  quantity and format, electronic or otherwise as prescribed by

13  rule, to the department and other agencies identified in s.

14  403.526(2); and

15         2.  The application fee as specified under s. 403.5365

16  to the department.

17  

18  The department shall provide to the applicant and the Division

19  of Administrative Hearings the names and addresses of any

20  additional agencies or persons entitled to notice and copies

21  of the application and amendments, if any, within 7 days after

22  receiving the application for certification and the

23  application fees.

24         (b)  In the application, the starting point and ending

25  point of a transmission line must be specifically defined by

26  the applicant. Within 7 days after the filing of an

27  application, the department shall provide the applicant and

28  the Division of Administrative Hearings the names and

29  addresses of those affected or other agencies entitled to

30  notice and copies of the application and any amendments.

31  

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 1         (2)  Within 15 7 days after the formal date of the

 2  application filing completeness has been determined, the

 3  department shall prepare a proposed schedule of dates for

 4  determination of completeness, submission of statements of

 5  issues, determination of sufficiency, and submittal of final

 6  reports, from affected and other agencies and other

 7  significant dates to be followed during the certification

 8  process, including dates for filing notices of appearances to

 9  be a party under s. 403.527(2) pursuant to s. 403.527(4).

10  This schedule shall be provided by the department to the

11  applicant, the administrative law judge, and the agencies

12  identified under pursuant to subsection (2)(1). Within 7 days

13  after the filing of this proposed schedule, the administrative

14  law judge shall issue an order establishing a schedule for the

15  matters addressed in the department's proposed schedule and

16  other appropriate matters, if any.

17         (3)  Within 7 days after completeness has been

18  determined, the applicant shall distribute copies of the

19  application to all agencies identified by the department

20  pursuant to subsection (1).  Copies of changes and amendments

21  to the application shall be timely distributed by the

22  applicant to all agencies and parties who have received a copy

23  of the application.

24         (4)  Notice of the filing of the application shall be

25  made in accordance with the requirements of s. 403.5363.

26         Section 8.  Section 403.5252, Florida Statutes, is

27  amended to read:

28         403.5252  Determination of completeness.--

29         (1)(a)  Within 30 days after distribution of an

30  application, the affected agencies shall file a statement with

31  the department containing the recommendations of each agency

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 1  concerning the completeness of the application for

 2  certification.

 3         (b)  Within (7) 15 days after receipt of the

 4  completeness statements of each agency an application, the

 5  department shall file a statement with the Division of

 6  Administrative Hearings, and with the applicant, and with all

 7  parties declaring its position with regard to the

 8  completeness, not the sufficiency, of the application. The

 9  statement of the department shall be based upon its

10  consultation with the affected agencies.

11         (2)(1)  If the department declares the application to

12  be incomplete, the applicant, within 14 15 days after the

13  filing of the statement by the department, shall file with the

14  Division of Administrative Hearings, with all parties, and

15  with the department a statement:

16         (a)  A withdrawal of Agreeing with the statement of the

17  department and withdrawing the application;

18         (b)  Additional information necessary to make the

19  application complete. After the department first determines

20  the application to be incomplete, the time schedules under

21  this act are not tolled if the applicant makes the application

22  complete within the 14-day period. A subsequent finding by the

23  department that the application remains incomplete tolls the

24  time schedules under this act until the application is

25  determined complete; Agreeing with the statement of the

26  department and agreeing to amend the application without

27  withdrawing it.  The time schedules referencing a complete

28  application under this act shall not commence until the

29  application is determined complete; or

30  

31  

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 1         (c)  A statement contesting the department's

 2  determination of incompleteness; or statement of the

 3  department.

 4         (d)  A statement agreeing with the department and

 5  requesting additional time to provide the information

 6  necessary to make the application complete. If the applicant

 7  exercises this option, the time schedules under this act are

 8  tolled until the application is determined complete.

 9         (3)(a)(2)  If the applicant contests the determination

10  by the department that an application is incomplete, the

11  administrative law judge shall schedule a hearing on the

12  statement of completeness.  The hearing shall be held as

13  expeditiously as possible, but not later than 21 30 days after

14  the filing of the statement by the department. The

15  administrative law judge shall render a decision within 7 10

16  days after the hearing.

17         (b)  Parties to a hearing on the issue of completeness

18  shall include the applicant, the department, and any agency

19  that has jurisdiction over the matter in dispute. Any

20  substantially affected person who wishes to become a party to

21  the hearing on the issue of completeness must file a motion no

22  later than 10 days before the date of the hearing.

23         (c)(a)  If the administrative law judge determines that

24  the application was not complete as filed, the applicant shall

25  withdraw the application or make such additional submittals as

26  necessary to complete it.  The time schedules referencing a

27  complete application under this act do shall not commence

28  until the application is determined complete.

29         (d)(b)  If the administrative law judge determines that

30  the application was complete at the time it was declared

31  incomplete filed, the time schedules referencing a complete

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 1  application under this act shall commence upon such

 2  determination.

 3         (4)  If the applicant provides additional information

 4  to address the issues identified in the determination of

 5  incompleteness, each affected agency may submit to the

 6  department, no later than 14 days after the applicant files

 7  the additional information, a recommendation on whether the

 8  agency believes the application is complete. Within 21 days

 9  after receipt of the additional information from the applicant

10  submitted under paragraphs (2)(b), (2)(d), or (3)(c) and

11  considering the recommendations of the affected agencies, the

12  department shall determine whether the additional information

13  supplied by an applicant makes the application complete. If

14  the department finds that the application is still incomplete,

15  the applicant may exercise any of the options specified in

16  subsection (2) as often as is necessary to resolve the

17  dispute.

18         Section 9.  Section 403.526, Florida Statutes, is

19  amended to read:

20         403.526  Preliminary statements of issues, reports, and

21  project analyses; and studies.--

22         (1)  Each affected agency that is required to file a

23  report which received an application in accordance with this

24  section s. 403.5251(3) shall submit a preliminary statement of

25  issues to the department and all parties the applicant no

26  later than 50 60 days after filing distribution of the

27  complete application. Such statements of issues shall be made

28  available to each local government for use as information for

29  public meetings held under pursuant to s. 403.5272.  The

30  failure to raise an issue in this preliminary statement of

31  

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 1  issues does shall not preclude the issue from being raised in

 2  the agency's report.

 3         (2)(a)  The following affected agencies shall prepare

 4  reports as provided below and shall submit them to the

 5  department and the applicant no later than within 90 days

 6  after filing distribution of the complete application:

 7         1.  The department shall prepare a report as to the

 8  impact of each proposed transmission line or corridor as it

 9  relates to matters within its jurisdiction.

10         2.  Each water management district in the jurisdiction

11  of which a proposed transmission line or corridor is to be

12  located shall prepare a report as to the impact on water

13  resources and other matters within its jurisdiction.

14         3.  The Department of Community Affairs shall prepare a

15  report containing recommendations which address the impact

16  upon the public of the proposed transmission line or corridor,

17  based on the degree to which the proposed transmission line or

18  corridor is consistent with the applicable portions of the

19  state comprehensive plan, emergency management, and other

20  matters within its jurisdiction. The Department of Community

21  Affairs may also comment on the consistency of the proposed

22  transmission line or corridor with applicable strategic

23  regional policy plans or local comprehensive plans and land

24  development regulations.

25         4.  The Fish and Wildlife Conservation Commission shall

26  prepare a report as to the impact of each proposed

27  transmission line or corridor on fish and wildlife resources

28  and other matters within its jurisdiction.

29         5.  Each local government shall prepare a report as to

30  the impact of each proposed transmission line or corridor on

31  matters within its jurisdiction, including the consistency of

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 1  the proposed transmission line or corridor with all applicable

 2  local ordinances, regulations, standards, or criteria that

 3  apply to the proposed transmission line or corridor, including

 4  local comprehensive plans, zoning regulations, land

 5  development regulations, and any applicable local

 6  environmental regulations adopted pursuant to s. 403.182 or by

 7  other means. A No change by the responsible local government

 8  or local agency in local comprehensive plans, zoning

 9  ordinances, or other regulations made after the date required

10  for the filing of the local government's report required by

11  this section is not shall be applicable to the certification

12  of the proposed transmission line or corridor unless the

13  certification is denied or the application is withdrawn.

14         6.  Each regional planning council shall present a

15  report containing recommendations that address the impact upon

16  the public of the proposed transmission line or corridor based

17  on the degree to which the transmission line or corridor is

18  consistent with the applicable provisions of the strategic

19  regional policy plan adopted under pursuant to chapter 186 and

20  other impacts of each proposed transmission line or corridor

21  on matters within its jurisdiction.

22         7.  The Department of Transportation shall prepare a

23  report as to the impact of the proposed transmission line or

24  corridor on state roads, railroads, airports, aeronautics,

25  seaports, and other matters within its jurisdiction.

26         8.  The commission shall prepare a report containing

27  its determination under s. 403.537 and the report may include

28  the comments from the commission with respect to any other

29  subject within its jurisdiction.

30         9.  Any other agency, if requested by the department,

31  shall also perform studies or prepare reports as to subjects

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 1  within the jurisdiction of the agency which may potentially be

 2  affected by the proposed transmission line.

 3         (b)  Each report must shall contain:

 4         1.  A notice of any nonprocedural requirements not

 5  specifically listed in the application from which a variance,

 6  exemption, exception, or other relief is necessary in order

 7  for the proposed corridor to be certified. Failure to include

 8  the notice shall be treated as a waiver from the nonprocedural

 9  requirements of that agency.

10         2.  A recommendation for approval or denial of the

11  application.

12         3.  The proposed the information on variances required

13  by s. 403.531(2) and proposed conditions of certification on

14  matters within the jurisdiction of each agency. For each

15  condition proposed by an agency, the agency shall list the

16  specific statute, rule, or ordinance, as applicable, which

17  authorizes the proposed condition.

18         (c)  Each reviewing agency shall initiate the

19  activities required by this section no later than 15 days

20  after the complete application is filed distributed. Each

21  agency shall keep the applicant and the department informed as

22  to the progress of its studies and any issues raised thereby.

23         (d)  Receipt of an affirmative determination of need by

24  the submittal deadline for agency reports under paragraph (a)

25  is a condition precedent to further processing of the

26  application.

27         (3)  The department shall prepare a project written

28  analysis containing which contains a compilation of agency

29  reports and summaries of the material contained therein which

30  shall be filed with the administrative law judge and served on

31  all parties no later than 115 135 days after the application

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 1  is filed complete application has been distributed to the

 2  affected agencies, and which shall include:

 3         (a)  A statement indicating whether the proposed

 4  electric transmission line will be in compliance with the

 5  rules of the department and affected agencies.

 6         (b)(a)  The studies and reports required by this

 7  section and s. 403.537.

 8         (c)(b)  Comments received from any other agency or

 9  person.

10         (d)(c)  The recommendation of the department as to the

11  disposition of the application, of variances, exemptions,

12  exceptions, or other relief identified by any party, and of

13  any proposed conditions of certification which the department

14  believes should be imposed.

15         (4)  The failure of any agency to submit a preliminary

16  statement of issues or a report, or to submit its preliminary

17  statement of issues or report within the allowed time, is

18  shall not be grounds for the alteration of any time limitation

19  in this act under pursuant to s. 403.528. Neither The failure

20  to submit a preliminary statement of issues or a report, or

21  nor the inadequacy of the preliminary statement of issues or

22  report, are not shall be grounds to deny or condition

23  certification.

24         Section 10.  Section 403.527, Florida Statutes, is

25  amended to read:

26         (Substantial rewording of section. See s. 403.527,

27         F.S., for present text.)

28         403.527  Certification hearing, parties,

29  participants.--

30         (1)(a)  No later than 145 days after the application is

31  filed, the administrative law judge shall conduct a

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 1  certification hearing pursuant to ss. 120.569 and 120.57 at a

 2  central location in proximity to the proposed transmission

 3  line or corridor.

 4         (b)  Notice of the certification hearing and other

 5  public hearings provided for in this section and notice of the

 6  deadline for filing of notice of intent to be a party shall be

 7  made in accordance with the requirements of s. 403.5363.

 8         (2)(a)  Parties to the proceeding shall be:

 9         1.  The applicant.

10         2.  The department.

11         3.  The commission.

12         4.  The Department of Community Affairs.

13         5.  The Fish and Wildlife Conservation Commission.

14         6.  The Department of Transportation.

15         7.  Each water management district in the jurisdiction

16  of which the proposed transmission line or corridor is to be

17  located.

18         8.  The local government.

19         9.  The regional planning council.

20         (b)  Any party listed in paragraph (a), other than the

21  department or the applicant, may waive its right to

22  participate in these proceedings. If any listed party fails to

23  file a notice of its intent to be a party on or before the

24  30th day before the certification hearing, the party is deemed

25  to have waived its right to be a party unless its

26  participation would not prejudice the rights of any party to

27  the proceeding.

28         (c)  Notwithstanding the provisions of chapter 120 to

29  the contrary, upon the filing with the administrative law

30  judge of a notice of intent to be a party by an agency,

31  corporation, or association described in subparagraphs 1. and

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 1  2. or a petition for intervention by a person described in

 2  subparagraph 3. no later than 30 days before the date set for

 3  the certification hearing, the following shall also be parties

 4  to the proceeding:

 5         1.  Any agency not listed in paragraph (a) as to

 6  matters within its jurisdiction.

 7         2.  Any domestic nonprofit corporation or association

 8  formed, in whole or in part, to promote conservation of

 9  natural beauty; to protect the environment, personal health,

10  or other biological values; to preserve historical sites; to

11  promote consumer interests; to represent labor, commercial, or

12  industrial groups; or to promote comprehensive planning or

13  orderly development of the area in which the proposed

14  transmission line or corridor is to be located.

15         3.  Any person whose substantial interests are affected

16  and being determined by the proceeding.

17         (d)  Any agency whose properties or works may be

18  affected shall be made a party upon the request of the agency

19  or any party to this proceeding.

20         (3)(a)  The order of presentation at the certification

21  hearing, unless otherwise changed by the administrative law

22  judge to ensure the orderly presentation of witnesses and

23  evidence, shall be:

24         1.  The applicant.

25         2.  The department.

26         3.  State agencies.

27         4.  Regional agencies, including regional planning

28  councils and water management districts.

29         5.  Local governments.

30         6.  Other parties.

31  

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 1         (b)  When appropriate, any person may be given an

 2  opportunity to present oral or written communications to the

 3  administrative law judge. If the administrative law judge

 4  proposes to consider such communications, all parties shall be

 5  given an opportunity to cross-examine, challenge, or rebut the

 6  communications.

 7         (4)  One public hearing where members of the public who

 8  are not parties to the certification hearing may testify shall

 9  be held within the boundaries of each county, at the option of

10  any local government.

11         (a)  A local government shall notify the administrative

12  law judge and all parties not later than 21 days after the

13  application has been determined complete as to whether the

14  local government wishes to have a public hearing. If a filing

15  for an alternate corridor is accepted for consideration under

16  s. 403.5271(1) by the department and the applicant, any newly

17  affected local government must notify the administrative law

18  judge and all parties not later than 10 days after the data

19  concerning the alternate corridor has been determined complete

20  as to whether the local government wishes to have such a

21  public hearing. The local government is responsible for

22  providing the location of the public hearing if held

23  separately from the certification hearing.

24         (b)  Within 5 days after notification, the

25  administrative law judge shall determine the date of the

26  public hearing, which shall be held before or during the

27  certification hearing. If two or more local governments within

28  one county request a public hearing, the hearing shall be

29  consolidated so that only one public hearing is held in any

30  county. The location of a consolidated hearing shall be

31  determined by the administrative law judge.

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 1         (c)  If a local government does not request a public

 2  hearing within 21 days after the application has been

 3  determined complete, persons residing within the jurisdiction

 4  of the local government may testify during that portion of the

 5  certification hearing at which public testimony is heard.

 6         (5)  At the conclusion of the certification hearing,

 7  the administrative law judge shall, after consideration of all

 8  evidence of record, issue a recommended order disposing of the

 9  application no later than 45 days after the transcript of the

10  certification hearing and the public hearings is filed with

11  the Division of Administrative Hearings.

12         (6)(a)  No later than 25 days before the certification

13  hearing, the department or the applicant may request that the

14  administrative law judge cancel the certification hearing and

15  relinquish jurisdiction to the department if all parties to

16  the proceeding stipulate that there are no disputed issues of

17  material fact to be raised at the certification hearing.

18         (b)  The administrative law judge shall issue an order

19  granting or denying the request within 5 days.

20         (c)  If the administrative law judge grants the

21  request, the department and the applicant shall publish

22  notices of the cancellation of the certification hearing in

23  accordance with s. 403.5363.

24         (d)1.  If the administrative law judge grants the

25  request, the department shall prepare and issue a final order

26  in accordance with s. 403.529(1)(a).

27         2.  Parties may submit proposed final orders to the

28  department no later than 10 days after the administrative law

29  judge issues an order relinquishing jurisdiction.

30  

31  

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 1         (7)  The applicant shall pay those expenses and costs

 2  associated with the conduct of the hearing and the recording

 3  and transcription of the proceedings.

 4         Section 11.  Section 403.5271, Florida Statutes, is

 5  amended to read:

 6         403.5271  Alternate corridors.--

 7         (1)  No later than 45 50 days before prior to the

 8  originally scheduled certification hearing, any party may

 9  propose alternate transmission line corridor routes for

10  consideration under pursuant to the provisions of this act.

11         (a)  A notice of a any such proposed alternate corridor

12  must shall be filed with the administrative law judge, all

13  parties, and any local governments in whose jurisdiction the

14  alternate corridor is proposed. The Such filing must shall

15  include the most recent United States Geological Survey

16  1:24,000 quadrangle maps specifically delineating the corridor

17  boundaries, a description of the proposed corridor, and a

18  statement of the reasons the proposed alternate corridor

19  should be certified.

20         (b)1.  Within 7 days after receipt of the such notice,

21  the applicant and the department shall file with the

22  administrative law judge and all parties a notice of

23  acceptance or rejection of a proposed alternate corridor for

24  consideration. If the alternate corridor is rejected either by

25  the applicant or the department, the certification hearing and

26  the public hearings shall be held as scheduled. If both the

27  applicant and the department accept a proposed alternate

28  corridor for consideration, the certification hearing and the

29  public hearings shall be rescheduled, if necessary.

30         2.  If rescheduled, the certification hearing shall be

31  held no more than 90 days after the previously scheduled

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 1  certification hearing, unless the data submitted under

 2  paragraph (d) is determined to be incomplete, in which case

 3  the rescheduled certification hearing shall be held no more

 4  than 105 days after the previously scheduled certification

 5  hearing. If additional time is needed due to the alternate

 6  corridor crossing a local government jurisdiction that was not

 7  previously affected, in which case the remainder of the

 8  schedule listed below shall be appropriately adjusted by the

 9  administrative law judge to allow that local government to

10  prepare a report pursuant to s. 403.526(2)(a)5.

11         (c)  Notice of the filing of the alternate corridor, of

12  the revised time schedules, of the deadline for newly affected

13  persons and agencies to file notice of intent to become a

14  party, of the rescheduled hearing date, and of the proceedings

15  pursuant to s. 403.527(1)(b) and (c) shall be published in

16  accordance with s. 403.5363.

17         (d)  Within 21 25 days after acceptance of an alternate

18  corridor by the department and the applicant, the party

19  proposing an alternate corridor shall have the burden of

20  providing all additional data to the agencies listed in s.

21  403.526(2) and newly affected agencies s. 403.526 necessary

22  for the preparation of a supplementary report on the proposed

23  alternate corridor.

24         (e)1.  Reviewing agencies shall advise the department

25  of any issues concerning completeness no later than 15 days

26  after the submittal of the data required by paragraph (d).

27  Within 22 days after receipt of the data, the department shall

28  issue a determination of completeness.

29         2.  If the department determines that the data required

30  by paragraph (d) is not complete, the party proposing the

31  alternate corridor must file such additional data to correct

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 1  the incompleteness. This additional data must be submitted

 2  within 15 days after the filing of the determination by the

 3  department.

 4         3.  If the department, within 15 days after receiving

 5  the additional data, determines that the data remains

 6  incomplete, the incompleteness of the data is deemed a

 7  withdrawal of the proposed alternate corridor. The department

 8  may make its determination based on recommendations made by

 9  other affected agencies. If the department determines within

10  15 days that this additional data is insufficient, the party

11  proposing the alternate corridor shall file such additional

12  data that corrects the insufficiency within 15 days after the

13  filing of the department's determination.  If such additional

14  data is determined insufficient, such insufficiency of data

15  shall be deemed a withdrawal of the proposed alternate

16  corridor.  The party proposing an alternate corridor shall

17  have the burden of proof on the certifiability of the

18  alternate corridor at the certification hearing pursuant to s.

19  403.529(4). Nothing in this act shall be construed as

20  requiring the applicant or agencies not proposing the

21  alternate corridor to submit data in support of such alternate

22  corridor.

23         (f)  The agencies listed in s. 403.526(2) and any newly

24  affected agencies s. 403.526 shall file supplementary reports

25  with the applicant and the department which address addressing

26  the proposed alternate corridors no later than 24 60 days

27  after the additional data is submitted pursuant to paragraph

28  (d) or paragraph (e) is determined to be complete.

29         (g)  The agency reports on alternate corridors must

30  include all information required by s. 403.526(2) agencies

31  

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 1  shall submit supplementary notice pursuant to s. 403.531(2) at

 2  the time of filing of their supplemental report.

 3         (h)  The department shall file with the administrative

 4  law judge, the applicant, and all parties a project prepare a

 5  written analysis consistent with s. 403.526(3) no more than 14

 6  at least 29 days after submittal of agency reports on prior to

 7  the rescheduled certification hearing addressing the proposed

 8  alternate corridor.

 9         (2)  If the original certification hearing date is

10  rescheduled, the rescheduling shall not provide the

11  opportunity for parties to file additional alternate corridors

12  to the applicant's proposed corridor or any accepted alternate

13  corridor. However, an amendment to the application which

14  changes the alignment of the applicant's proposed corridor

15  shall require rescheduling of the certification hearing, if

16  necessary, so as to allow time for a party to file alternate

17  corridors to the realigned proposed corridor for which the

18  application has been amended. Any such alternate corridor

19  proposal shall have the same starting and ending points as the

20  realigned portion of the corridor proposed by the applicant's

21  amendment, provided that the administrative law judge for good

22  cause shown may authorize another starting or ending point in

23  the area of the applicant's amended corridor.

24         (3)(a)  Notwithstanding the rejection of a proposed

25  alternate corridor by the applicant or the department, any

26  party may present evidence at the certification hearing to

27  show that a corridor proper for certification does not satisfy

28  the criteria listed in s. 403.529 or that a rejected alternate

29  corridor would meet the criteria set forth in s. 403.529. No

30  Evidence may not shall be admitted at the certification

31  hearing on any alternate corridor, unless the alternate

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 1  corridor was proposed by the filing of a notice at least 45 50

 2  days before prior to the originally scheduled certification

 3  hearing pursuant to this section. Rejected alternate corridors

 4  shall be considered by the board as provided in s. 403.529(4)

 5  and (5).

 6         (b)  The party proposing an alternate corridor has the

 7  burden to prove that the alternate corridor can be certified

 8  at the certification hearing. This act does not require an

 9  applicant or agency that is not proposing the alternate

10  corridor to submit data in support of the alternate corridor.

11         (4)  If an alternate corridor is accepted by the

12  applicant and the department pursuant to a notice of

13  acceptance as provided in this subsection and the such

14  corridor is ultimately determined to be the corridor that

15  would meet the criteria set forth in s. 403.529(4) and (5),

16  the board shall certify that corridor.

17         Section 12.  Section 403.5272, Florida Statutes, is

18  amended to read:

19         403.5272  Local governments; Informational public

20  meetings.--

21         (1)  A local government whose jurisdiction is to be

22  crossed by a proposed corridor governments may hold one

23  informational public meeting meetings in addition to the

24  hearings specifically authorized by this act on any matter

25  associated with the transmission line proceeding. The Such

26  informational public meeting may be conducted by the local

27  government or the regional planning council and shall meetings

28  should be held no later than 50 80 days after the application

29  is filed. The purpose of an informational public meeting is

30  for the local government or regional planning council to

31  further inform the general public about the transmission line

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 1  proposed, obtain comments from the public, and formulate its

 2  recommendation with respect to the proposed transmission line.

 3         (2)  Informational public meetings shall be held solely

 4  at the option of each local government or regional planning

 5  council. It is the legislative intent that local governments

 6  or regional planning councils attempt to hold such public

 7  meetings. Parties to the proceedings under this act shall be

 8  encouraged to attend; however, a no party other than the

 9  applicant and the department is not shall be required to

10  attend the such informational public meetings hearings.

11         (3)  A local government or regional planning council

12  that intends to conduct an informational public meeting must

13  provide notice of the meeting, with notice sent to all parties

14  listed in s. 403.527(2)(a), not less than 5 days before the

15  meeting.

16         (4)(3)  The failure to hold an informational public

17  meeting or the procedure used for the informational public

18  meeting are shall not be grounds for the alteration of any

19  time limitation in this act under pursuant to s. 403.528 or

20  grounds to deny or condition certification.

21         Section 13.  Section 403.5275, Florida Statutes, is

22  amended to read:

23         403.5275  Amendment to the application.--

24         (1)  Any amendment made to the application before

25  certification shall be sent by the applicant to the

26  administrative law judge and to all parties to the proceeding.

27         (2)  Any amendment to the application made before prior

28  to certification shall be disposed of as part of the original

29  certification proceeding.  Amendment of the application may be

30  considered "good cause" for alteration of time limits pursuant

31  to s. 403.528.

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 1         Section 14.  Section 403.528, Florida Statutes, is

 2  amended to read:

 3         403.528  Alteration of time limits.--

 4         (1)  Any time limitation in this act may be altered by

 5  the administrative law judge upon stipulation between the

 6  department and the applicant unless objected to by any party

 7  within 5 days after notice or for good cause shown by any

 8  party.

 9         (2)  A comprehensive application encompassing more than

10  one proposed transmission line may be good cause for

11  alternation of time limits.

12         Section 15.  Section 403.529, Florida Statutes, is

13  amended to read:

14         403.529  Final disposition of application.--

15         (1)(a)  If the administrative law judge has granted a

16  request to cancel the certification hearing and has

17  relinquished jurisdiction to the department under s.

18  403.527(6), within 40 days thereafter, the secretary of the

19  department shall act upon the application by written order in

20  accordance with the terms of this act and state the reasons

21  for issuance or denial.

22         (b)  If the administrative law judge does not grant a

23  request to cancel the certification hearing under the

24  provisions of s. 403.527(6) within 60 30 days after receipt of

25  the administrative law judge's recommended order, the board

26  shall act upon the application by written order, approving in

27  whole, approving with such conditions as the board deems

28  appropriate, or denying the certification and stating the

29  reasons for issuance or denial.

30         (2)  The issues that may be raised in any hearing

31  before the board shall be limited to matters raised in the

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 1  certification proceeding before the administrative law judge

 2  or raised in the recommended order of the administrative law

 3  judge. All parties, or their representatives, or persons who

 4  appear before the board shall be subject to the provisions of

 5  s. 120.66.

 6         (3)  If certification is denied, the board, or

 7  secretary if applicable, shall set forth in writing the action

 8  the applicant would have to take to secure the approval of the

 9  application by the board.

10         (4)  In determining whether an application should be

11  approved in whole, approved with modifications or conditions,

12  or denied, the board, or secretary when applicable, shall

13  consider whether, and the extent to which, the location of the

14  transmission line corridor and the construction, operation,

15  and maintenance of the transmission line will:

16         (a)  Ensure electric power system reliability and

17  integrity;

18         (b)  Meet the electrical energy needs of the state in

19  an orderly, economical, and timely fashion;

20         (c)  Comply with applicable nonprocedural requirements

21  of agencies;

22         (d)  Be consistent with applicable provisions of local

23  government comprehensive plans, if any; and

24         (e)  Effect a reasonable balance between the need for

25  the transmission line as a means of providing reliable,

26  economically efficient electric energy, as determined by the

27  commission, under s. 403.537, abundant low-cost electrical

28  energy and the impact upon the public and the environment

29  resulting from the location of the transmission line corridor

30  and the construction, operation, and maintenance of the

31  transmission lines.

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 1         (5)(a)  Any transmission line corridor certified by the

 2  board, or secretary if applicable, shall meet the criteria of

 3  this section.  When more than one transmission line corridor

 4  is proper for certification under pursuant to s. 403.522(10)

 5  and meets the criteria of this section, the board, or

 6  secretary if applicable, shall certify the transmission line

 7  corridor that has the least adverse impact regarding the

 8  criteria in subsection (4), including costs.

 9         (b)  If the board, or secretary if applicable, finds

10  that an alternate corridor rejected pursuant to s. 403.5271

11  meets the criteria of subsection (4) and has the least adverse

12  impact regarding the criteria in subsection (4), including

13  cost, of all corridors that meet the criteria of subsection

14  (4), then the board, or secretary if applicable, shall deny

15  certification or shall allow the applicant to submit an

16  amended application to include the such corridor.

17         (c)  If the board, or secretary if applicable, finds

18  that two or more of the corridors that comply with the

19  provisions of subsection (4) have the least adverse impacts

20  regarding the criteria in subsection (4), including costs, and

21  that the such corridors are substantially equal in adverse

22  impacts regarding the criteria in subsection (4), including

23  costs, then the board, or secretary if applicable, shall

24  certify the corridor preferred by the applicant if the

25  corridor is one proper for certification under pursuant to s.

26  403.522(10).

27         (6)  The issuance or denial of the certification is by

28  the board shall be the final administrative action required as

29  to that application.

30         Section 16.  Section 403.531, Florida Statutes, is

31  amended to read:

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 1         403.531  Effect of certification.--

 2         (1)  Subject to the conditions set forth therein,

 3  certification shall constitute the sole license of the state

 4  and any agency as to the approval of the location of

 5  transmission line corridors and the construction, operation,

 6  and maintenance of transmission lines.  The certification is

 7  shall be valid for the life of the transmission line, if

 8  provided that construction on, or condemnation or acquisition

 9  of, the right-of-way is commenced within 5 years after of the

10  date of certification or such later date as may be authorized

11  by the board.

12         (2)(a)  The certification authorizes shall authorize

13  the licensee applicant to locate the transmission line

14  corridor and to construct and maintain the transmission lines

15  subject only to the conditions of certification set forth in

16  the such certification.

17         (b)  The certification may include conditions that

18  which constitute variances and exemptions from nonprocedural

19  standards or rules regulations of the department or any other

20  agency, which were expressly considered during the

21  certification review proceeding unless waived by the agency as

22  provided in s. 403.526 below and which otherwise would be

23  applicable to the location of the proposed transmission line

24  corridor or the construction, operation, and maintenance of

25  the transmission lines. Each party shall notify the applicant

26  and other parties at the time scheduled for the filing of the

27  agency reports of any nonprocedural requirements not

28  specifically listed in the application from which a variance,

29  exemption, exception, or other relief is necessary in order

30  for the board to certify any corridor proposed for

31  certification.  Failure of such notification shall be treated

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 1  as a waiver from the nonprocedural requirements of that

 2  agency.

 3         (3)(a)  The certification shall be in lieu of any

 4  license, permit, certificate, or similar document required by

 5  any state, regional, or local agency under pursuant to, but

 6  not limited to, chapter 125, chapter 161, chapter 163, chapter

 7  166, chapter 186, chapter 253, chapter 258, chapter 298,

 8  chapter 370, chapter 372, chapter 373, chapter 376, chapter

 9  380, chapter 381, chapter 387, chapter 403, chapter 404, the

10  Florida Transportation Code, or 33 U.S.C. s. 1341.

11         (b)  On certification, any license, easement, or other

12  interest in state lands, except those the title of which is

13  vested in the Board of Trustees of the Internal Improvement

14  Trust Fund, shall be issued by the appropriate agency as a

15  ministerial act.  The applicant shall be required to seek any

16  necessary interest in state lands the title to which is vested

17  in the Board of Trustees of the Internal Improvement Trust

18  Fund from the board of trustees before, during, or after the

19  certification proceeding, and certification may be made

20  contingent upon issuance of the appropriate interest in

21  realty.  However, neither the applicant and nor any party to

22  the certification proceeding may not directly or indirectly

23  raise or relitigate any matter that which was or could have

24  been an issue in the certification proceeding in any

25  proceeding before the Board of Trustees of the Internal

26  Improvement Trust Fund wherein the applicant is seeking a

27  necessary interest in state lands, but the information

28  presented in the certification proceeding shall be available

29  for review by the board of trustees and its staff.

30         (4)  This act does shall not in any way affect the

31  ratemaking powers of the commission under chapter 366.  This

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 1  act does shall also not in any way affect the right of any

 2  local government to charge appropriate fees or require that

 3  construction be in compliance with the National Electrical

 4  Safety Code, as prescribed by the commission.

 5         (5)  A No term or condition of certification may not

 6  shall be interpreted to preclude the postcertification

 7  exercise by any party of whatever procedural rights it may

 8  have under chapter 120, including those related to rulemaking

 9  proceedings.

10         Section 17.  Section 403.5312, Florida Statutes, is

11  amended to read:

12         403.5312  Filing Recording of notice of certified

13  corridor route.--

14         (1)  Within 60 days after certification of a directly

15  associated transmission line under pursuant to ss.

16  403.501-403.518 or a transmission line corridor under pursuant

17  to ss. 403.52-403.5365, the applicant shall file, in

18  accordance with s. 28.222, with the department clerk and the

19  clerk of the circuit court for each county through which the

20  corridor will pass, a notice of the certified route.

21         (2)  The notice must shall consist of maps or aerial

22  photographs in the scale of 1:24,000 which clearly show the

23  location of the certified route and must shall state that the

24  certification of the corridor will result in the acquisition

25  of rights-of-way within the corridor.  Each clerk shall record

26  the filing in the official record of the county for the

27  duration of the certification or until such time as the

28  applicant certifies to the department and the clerk that all

29  lands required for the transmission line rights-of-way within

30  the corridor have been acquired within the such county,

31  whichever is sooner.

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 1         (3)  The recording of this notice does shall not

 2  constitute a lien, cloud, or encumbrance on real property.

 3         Section 18.  Section 403.5315, Florida Statutes, is

 4  amended to read:

 5         403.5315  Modification of certification.--A

 6  certification may be modified after issuance in any one of the

 7  following ways:

 8         (1)  The board may delegate to the department the

 9  authority to modify specific conditions in the certification.

10         (2)  The licensee may file a petition for modification

11  with the department or the department may initiate the

12  modification upon its own initiative.

13         (a)  A petition for modification must set forth:

14         1.  The proposed modification;

15         2.  The factual reasons asserted for the modification;

16  and

17         3.  The anticipated additional environmental effects of

18  the proposed modification.

19         (b)(2)  The department may modify the terms and

20  conditions of the certification if no party objects in writing

21  to the such modification within 45 days after notice by mail

22  to the last address of record in the certification proceeding,

23  and if no other person whose substantial interests will be

24  affected by the modification objects in writing within 30 days

25  after issuance of public notice.

26         (c)  If objections are raised or the department denies

27  the proposed modification, the licensee may file a request for

28  hearing on the modification with the department. Such a

29  request shall be handled pursuant to chapter 120.

30         (d)  A request for hearing referred to the Division of

31  Administrative Hearings shall be disposed of in the same

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 1  manner as an application but with time periods established by

 2  the administrative law judge commensurate with the

 3  significance of the modification requested. If objections are

 4  raised, the applicant may file a petition for modification

 5  pursuant to subsection (3).

 6         (3)  The applicant or the department may file a

 7  petition for modification with the department and the Division

 8  of Administrative Hearings setting forth:

 9         (a)  The proposed modification;

10         (b)  The factual reasons asserted for the modification;

11  and

12         (c)  The anticipated additional environmental effects

13  of the proposed modification.

14         (4)  Petitions filed pursuant to subsection (3) shall

15  be disposed of in the same manner as an application but with

16  time periods established by the administrative law judge

17  commensurate with the significance of the modification

18  requested.

19         Section 19.  Section 403.5317, Florida Statutes, is

20  created to read:

21         403.5317  Postcertification activities.--

22         (1)(a)  If, subsequent to certification, a licensee

23  proposes any material change to the application or prior

24  amendments, the licensee shall submit to the department a

25  written request for amendment and description of the proposed

26  change to the application. The department shall, within 30

27  days after the receipt of the request for the amendment,

28  determine whether the proposed change to the application

29  requires a modification of the conditions of certification.

30         (b)  If the department concludes that the change would

31  not require a modification of the conditions of certification,

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 1  the department shall notify, in writing, the licensee, all

 2  agencies, and all parties of the approval of the amendment.

 3         (c)  If the department concludes that the change would

 4  require a modification of the conditions of certification, the

 5  department shall notify the licensee that the proposed change

 6  to the application requires a request for modification under

 7  s. 403.5315.

 8         (2)  Postcertification submittals filed by a licensee

 9  with one or more agencies are for the purpose of monitoring

10  for compliance with the issued certification. Each submittal

11  must be reviewed by each agency on an expedited and priority

12  basis because each facility certified under this act is a

13  critical infrastructure facility. Postcertification review

14  shall be completed within 90 days after complete information

15  for a segment of the certified transmission line is submitted

16  to the reviewing agencies.

17         Section 20.  Section 403.5363, Florida Statutes, is

18  created to read:

19         403.5363  Public notices; requirements.--

20         (1)(a)  The applicant shall arrange for the publication

21  of the notices specified in paragraph (b).

22         1.  The notices shall be published in newspapers of

23  general circulation within counties crossed by the

24  transmission line corridors proper for certification. The

25  required newspaper notices for filing of an application and

26  for the certification hearing shall be one-half page in size

27  in a standard-size newspaper or a full page in a tabloid-size

28  newspaper and published in a section of the newspaper other

29  than the section for legal notices. These two notices must

30  include a map generally depicting all transmission corridors

31  proper for certification. A newspaper of general circulation

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 1  shall be the newspaper within a county crossed by a

 2  transmission line corridor proper for certification which

 3  newspaper has the largest daily circulation in that county and

 4  has its principal office in that county. If the newspaper

 5  having the largest daily circulation has its principal office

 6  outside the county, the notices must appear in both the

 7  newspaper having the largest circulation in that county and in

 8  a newspaper authorized to publish legal notices in that

 9  county.

10         2.  The department shall adopt rules specifying the

11  content of the newspaper notices.

12         3.  All notices published by the applicant shall be

13  paid for by the applicant and shall be in addition to the

14  application fee.

15         (b)  Public notices that must be published under this

16  section include:

17         1.  The notice of the filing of an application, which

18  must include a description of the proceedings required by this

19  act. The notice must describe the provisions of s. 403.531(1)

20  and (2) and give the date by which notice of intent to be a

21  party to or an intervenor in a petition to intervene in

22  accordance with s. 403.527(2) must be filed. This notice must

23  be published no more than 21 days after the application is

24  filed.

25         2.  The notice of the certification hearing and any

26  other public hearing permitted under s. 403.527. The notice

27  must include the date by which a person wishing to appear as a

28  party must file the notice to do so. The notice of the

29  certification hearing must be published at least 65 days

30  before the date set for the certification hearing.

31  

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 1         3.  The notice of the cancellation of the certification

 2  hearing, if applicable. The notice must be published at least

 3  3 days before the date of the originally scheduled

 4  certification hearing.

 5         4.  The notice of the filing of a proposal to modify

 6  the certification submitted under s. 403.5315, if the

 7  department determines that the modification would require

 8  relocation or expansion of the transmission line rights-of-way

 9  or a certified substation.

10         (2)  The proponent of an alternate corridor shall

11  arrange for the publication of the filing of the proposal for

12  an alternate corridor, the revised time schedules, the date by

13  which newly affected persons or agencies may file a petition

14  to intervene or notice of intent to become a party, as

15  appropriate, and the date of the rescheduled hearing. A notice

16  listed in this subsection must be published in a newspaper of

17  general circulation within the county or counties crossed by

18  the proposed alternate corridor and comply with the content

19  requirements set forth in paragraph (1)(a). The notice must be

20  published not less than 50 days before the rescheduled

21  certification hearing.

22         (3)  The department shall arrange for the publication

23  of the following notices in the manner specified by chapter

24  120:

25         (a)  The notice of the filing of an application and the

26  date by which a person intending to become a party must file a

27  petition to intervene or a notice of intent to be a party, as

28  appropriate. The notice must be published no later than 21

29  days after the application has been filed.

30         (b)  The notice of any administrative hearing for

31  certification, if applicable. The notice must be published not

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 1  less than 65 days before the date set for a hearing, except

 2  that notice for a rescheduled certification hearing after

 3  acceptance of an alternative corridor must be published not

 4  less than 50 days before the date set for the hearing.

 5         (c)  The notice of the cancellation of a certification

 6  hearing, if applicable. The notice must be published not later

 7  than 7 days before the date of the originally scheduled

 8  certification hearing.

 9         (d)  The notice of the hearing before the siting board,

10  if applicable.

11         (e)  The notice of stipulations, proposed agency

12  action, or a petition for modification.

13         Section 21.  Section 403.5365, Florida Statutes, is

14  amended to read:

15         403.5365  Fees; disposition.--The department shall

16  charge the applicant the following fees, as appropriate,

17  which, unless otherwise specified, shall be paid into the

18  Florida Permit Fee Trust Fund:

19         (1)  An application fee.

20         (a)  The application fee shall be of $100,000, plus

21  $750 per mile for each mile of corridor in which the

22  transmission line right-of-way is proposed to be located

23  within an existing electric electrical transmission line

24  right-of-way or within any existing right-of-way for any road,

25  highway, railroad, or other aboveground linear facility, or

26  $1,000 per mile for each mile of transmission line corridor

27  proposed to be located outside the such existing right-of-way.

28         (b)(a)  Sixty percent of the fee shall go to the

29  department to cover any costs associated with coordinating the

30  review of reviewing and acting upon the application and any

31  costs for field services associated with monitoring

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 1  construction and operation of the electric transmission line

 2  facility.

 3         (c)(b)  The following percentage Twenty percent of the

 4  fees specified under this section, except postcertification

 5  fees, shall be transferred to the Administrative Trust Fund of

 6  the Division of Administrative Hearings of the Department of

 7  Management Services:.

 8         1.  Five percent to compensate for expenses from the

 9  initial exercise of duties associated with the filing of an

10  application.

11         2.  An additional 10 percent if an administrative

12  hearing under s. 403.527 is held.

13         (d)1.(c)  Upon written request with proper itemized

14  accounting within 90 days after final agency action by the

15  siting board, the department, or the withdrawal of the

16  application, the agencies that prepared reports under s.

17  403.526 or s. 403.5271 or participated in a hearing under s.

18  403.527 or s. 403.5271 may submit a written request to the

19  department for reimbursement of expenses incurred during the

20  certification proceedings. The request must contain an

21  accounting of expenses incurred, which may include time spent

22  reviewing the application, department shall reimburse the

23  expenses and costs of the Department of Community Affairs, the

24  Fish and Wildlife Conservation Commission, the water

25  management district, regional planning council, and local

26  government in the jurisdiction of which the transmission line

27  is to be located. Such reimbursement shall be authorized for

28  the preparation of any studies required of the agencies by

29  this act, and for agency travel and per diem to attend any

30  hearing held under pursuant to this act, and for the local

31  government or regional planning council providing additional

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 1  notice of the informational public meeting. The department

 2  shall review the request and verify whether a claimed expense

 3  is valid. Valid expenses shall be reimbursed; however, if to

 4  participate in the proceedings. In the event the amount of

 5  funds available for reimbursement allocation is insufficient

 6  to provide for full compensation complete reimbursement to the

 7  agencies, reimbursement shall be on a prorated basis.

 8         2.  If the application review is held in abeyance for

 9  more than 1 year, the agencies may submit a request for

10  reimbursement under subparagraph 1.

11         (e)(d)  If any sums are remaining, the department shall

12  retain them for its use in the same manner as is otherwise

13  authorized by this section; provided, however, that if the

14  certification application is withdrawn, the remaining sums

15  shall be refunded to the applicant within 90 days after

16  withdrawal.

17         (2)  An amendment fee.

18         (a)  If no corridor alignment change is proposed by the

19  amendment, no amendment fee shall be charged.

20         (b)  If a corridor alignment change under s. 403.5275,

21  is proposed by the applicant, an additional fee of a minimum

22  of $2,000 and $750 per mile shall be submitted to the

23  department for use in accordance with this act.

24         (c)  If an amendment is required to address issues,

25  including alternate corridors under pursuant to s. 403.5271,

26  raised by the department or other parties, no fee for the such

27  amendment shall be charged.

28         (3)  A certification modification fee.

29         (a)  If no corridor alignment change is proposed by the

30  licensee applicant, the modification fee shall be $4,000.

31  

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 1         (b)  If a corridor alignment change is proposed by the

 2  applicant, the fee shall be $1,000 for each mile of

 3  realignment plus an amount not to exceed $10,000 to be fixed

 4  by rule on a sliding scale based on the load-carrying

 5  capability and configuration of the transmission line for use

 6  in accordance with subsection (1) (2).

 7         Section 22.  Subsection (1) of section 403.537, Florida

 8  Statutes, is amended to read:

 9         403.537  Determination of need for transmission line;

10  powers and duties.--

11         (1)(a)  Upon request by an applicant or upon its own

12  motion, the Florida Public Service Commission shall schedule a

13  public hearing, after notice, to determine the need for a

14  transmission line regulated by the Florida Electric

15  Transmission Line Siting Act, ss. 403.52-403.5365. The Such

16  notice shall be published at least 21 45 days before the date

17  set for the hearing and shall be published by the applicant in

18  at least one-quarter page size notice in newspapers of general

19  circulation, and the commission in the manner specified in

20  chapter 120 in the Florida Administrative Weekly, by giving

21  notice to counties and regional planning councils in whose

22  jurisdiction the transmission line could be placed, and by

23  giving notice to any persons who have requested to be placed

24  on the mailing list of the commission for this purpose.

25  Within 21 days after receipt of a request for determination by

26  an applicant, the commission shall set a date for the hearing.

27  The hearing shall be held pursuant to s. 350.01 within 45 days

28  after the filing of the request, and a decision shall be

29  rendered within 60 days after such filing.

30         (b)  The commission shall be the sole forum in which to

31  determine the need for a transmission line. The need for a

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 1  transmission line may not be raised or be the subject of

 2  review in another proceeding.

 3         (c)(b)  In the determination of need, the commission

 4  shall take into account the need for electric system

 5  reliability and integrity, the need for abundant, low-cost

 6  electrical energy to assure the economic well-being of the

 7  residents citizens of this state, the appropriate starting and

 8  ending point of the line, and other matters within its

 9  jurisdiction deemed relevant to the determination of need. The

10  appropriate starting and ending points of the electric

11  transmission line must be verified by the commission in its

12  determination of need.

13         (d)(c)  The determination by the commission of the need

14  for the transmission line, as defined in s. 403.522(22) s.

15  403.522(21), is binding on all parties to any certification

16  proceeding under pursuant to the Florida Electric Transmission

17  Line Siting Act and is a condition precedent to the conduct of

18  the certification hearing prescribed therein.  An order

19  entered pursuant to this section constitutes final agency

20  action.

21         Section 23.  Subsection (3) of section 373.441, Florida

22  Statutes, is amended to read:

23         373.441  Role of counties, municipalities, and local

24  pollution control programs in permit processing.--

25         (3)  The department shall review environmental resource

26  permit applications for electrical distribution and

27  transmission lines and other facilities related to the

28  production, transmission, and distribution of electricity

29  which are not certified under ss. 403.52-403.5365, the Florida

30  Electric Transmission Line Siting Act, regulated under this

31  part.

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 1         Section 24.  Subsection (30) of section 403.061,

 2  Florida Statutes, is amended to read:

 3         403.061  Department; powers and duties.--The department

 4  shall have the power and the duty to control and prohibit

 5  pollution of air and water in accordance with the law and

 6  rules adopted and promulgated by it and, for this purpose, to:

 7         (30)  Establish requirements by rule that reasonably

 8  protect the public health and welfare from electric and

 9  magnetic fields associated with existing 230 kV or greater

10  electrical transmission lines, new 230 kV and greater

11  electrical transmission lines for which an application for

12  certification under the Florida Electric Transmission Line

13  Siting Act, ss. 403.52-403.5365, is not filed, new or existing

14  electrical transmission or distribution lines with voltage

15  less than 230 kV, and substation facilities. Notwithstanding

16  any other provision in this chapter or any other law of this

17  state or political subdivision thereof, the department shall

18  have exclusive jurisdiction in the regulation of electric and

19  magnetic fields associated with all electrical transmission

20  and distribution lines and substation facilities.  However,

21  nothing herein shall be construed as superseding or repealing

22  the provisions of s. 403.523(1) and (10).

23         Section 25.  Paragraph (a) of subsection (3) of section

24  403.0876, Florida Statutes, is amended to read:

25         403.0876  Permits; processing.--

26         (3)(a)  The department shall establish a special unit

27  for permit coordination and processing to provide expeditious

28  processing of department permits which the district offices

29  are unable to process expeditiously and to provide accelerated

30  processing of certain permits or renewals for economic and

31  operating stability.  The ability of the department to process

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 1  applications under pursuant to this subsection in a more

 2  timely manner than allowed by subsections (1) and (2) is

 3  dependent upon the timely exchange of information between the

 4  applicant and the department and the intervention of outside

 5  parties as allowed by law.  An applicant may request the

 6  processing of its permit application by the special unit if

 7  the application is from an area of high unemployment or low

 8  per capita income, is from a business or industry that is the

 9  primary employer within an area's labor market, or is in an

10  industry with respect to which the complexities involved in

11  the review of the application require special skills uniquely

12  available in the headquarters office.  The department may

13  require the applicant to waive the 90-day time limitation for

14  department issuance or denial of the permit once for a period

15  not to exceed 90 days.  The department may require a special

16  fee to cover the direct cost of processing special

17  applications in addition to normal permit fees and costs.  The

18  special fee may not exceed $10,000 per permit required.

19  Applications for renewal permits, but not applications for

20  initial permits, required for facilities pursuant to the

21  Electrical Power Plant Siting Act or the Florida Electric

22  Transmission Line Siting Act may be processed under this

23  subsection. Personnel staffing the special unit shall have

24  lengthy experience in permit processing.

25         Section 26.  Paragraph (b) of subsection (3) of section

26  403.809, Florida Statutes, is amended to read:

27         403.809  Environmental districts; establishment;

28  managers; functions.--

29         (3)

30         (b)  The processing of all applications for permits,

31  licenses, certificates, and exemptions shall be accomplished

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 1  at the district center or the branch office, except for those

 2  applications specifically assigned elsewhere in the department

 3  under s. 403.805 or to the water management districts under s.

 4  403.812 and those applications assigned by interagency

 5  agreement as provided in this act. However, the secretary, as

 6  head of the department, may not delegate to district or

 7  subdistrict managers, water management districts, or any unit

 8  of local government the authority to act on the following

 9  types of permit applications:

10         1.  Permits issued under s. 403.0885, except such

11  permit issuance may be delegated to district managers.

12         2.  Construction of major air pollution sources.

13         3.  Certifications under the Florida Electrical Power

14  Plant Siting Act or the Florida Electric Transmission Line

15  Siting Act and the associated permit issued under s. 403.0885,

16  if applicable.

17         4.  Permits issued under s. 403.0885 to steam electric

18  generating facilities regulated pursuant to 40 C.F.R. part

19  423.

20         5.  Permits issued under s. 378.901.

21         Section 27.  Sections 403.5253 and 403.5369, Florida

22  Statutes, are repealed.

23         Section 28.  This act shall take effect upon becoming a

24  law.

25  

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises the powers and duties of the Department of
      Environmental Protection. Requires the department to
 4    collect and process fees, to prepare a project impact
      analysis, to act as clerk for the siting board, and to
 5    administer and manage the terms and conditions of the
      certification order and supporting documents and records.
 6    Revises provisions for notice by an electric utility of
      its intent to construct an exempted transmission line.
 7    Provides for the powers and duties of the administrative
      law judge designated by the Division of Administrative
 8    Hearings to conduct required hearings. Revises
      application procedures and schedules for certification.
 9    Requires the department to prepare a proposed schedule of
      dates for determination of completeness and other
10    significant dates to be followed during the certification
      process. Requires the applicant to file a notice of
11    filing of the application. Revises timeframes and
      procedures for determination of completeness of the
12    application. Requires the department to consult with
      affected agencies. Requires the department to file a
13    statement of its determination of completeness with the
      Division of Administrative Hearings, the applicant, and
14    all parties within a certain time after distribution of
      the application. Revises requirements for the applicant
15    to file a statement with the department, the division,
      and all parties, if the department determines the
16    application is not complete. Provides for the statement
      to notify the department that the information will not be
17    provided. Revises criteria and procedures for preliminary
      statements of issues, reports, and studies. Requires that
18    the preliminary statement of issues from each affected
      agency be submitted to the department and the applicant.
19    Requires affected agencies to prepare a project impact
      report. Provides for notice of any agency nonprocedural
20    requirements not listed in the application. Provides that
      receipt of an affirmative determination of need is a
21    condition precedent to further processing of the
      application. Requires the department to prepare a project
22    impact analysis to be filed with the administrative law
      judge and served on all parties within a certain
23    timeframe. Revises provisions for notices and publication
      of notices and for procedures at hearings. Requires that
24    certain notices be made in accordance with specified
      requirements and within a certain timeframe. Authorizes
25    the administrative law judge to cancel the certification
      hearing and relinquish jurisdiction to the department
26    upon request by the applicant or the department. Requires
      the department and the applicant to publish notice of the
27    cancellation. Requires the parties to submit proposed
      recommended orders to the department when the
28    certification hearing has been canceled. Revises
      procedures, notices, and timeframes for consideration of
29    proposed alternate corridors. Provides for notice of the
      filing of the alternate corridor and revised time
30    schedules. Requires the person proposing the alternate
      corridor to provide all data to the agencies within a
31    certain timeframe. Provides for the department to
      determine if the data is complete. Provides for
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 1    withdrawal of the proposed alternate corridor if the data
      is incomplete. Requires the agencies to file reports with
 2    the applicant and department which address the proposed
      alternate corridor. Requires the party proposing an
 3    alternate corridor to have the burden of proof on the
      certifiability of the alternate corridor. Revises the
 4    procedures for the informational public meetings. Revises
      the provisions for amending the application before
 5    certification. Provides that a comprehensive application
      encompassing more than one proposed transmission line may
 6    be good cause for altering established time limits.
      Revises provisions for final disposition of the
 7    application by the siting board. Requires the applicant
      to file notice of a certified corridor route with the
 8    department. Revises the circumstances under which a
      certification may be modified after the certification has
 9    been issued. Provides procedures for changes proposed by
      the licensee after certification. Requires the department
10    to determine within a certain time if the proposed change
      requires modification of the conditions of certification.
11    Requires publication of certain notices by the applicant,
      the proponent of an alternate corridor, and the
12    department. Provides for application fees and the
      distribution of fees collected. Revises procedures for
13    reimbursement of local governments and regional planning
      organizations. Provides that the Public Service
14    Commission is the only forum in which to determine the
      need for a transmission line. (See bill for details.)
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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