HB 0431CS

CHAMBER ACTION



1The Growth Management Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to electric transmission and distribution;
7creating s. 163.3208, F.S.; providing legislative intent;
8defining the term "distribution electric substation";
9providing criteria for adoption and enforcement by a local
10government of land development regulations for new
11electric substations; providing that new substations are a
12permitted use in all land use categories and zoning
13districts within a utility's service territory; providing
14for exceptions; providing standards which apply if a local
15government does not adopt reasonable standards for
16substation siting; providing for approval of an
17application for development of a proposed distribution
18electric substation when the application demonstrates that
19the design is consistent with the local government's
20applicable standards; providing for application of certain
21local siting standards to applications received after
22public notice of the adoption hearing on those standards;
23providing a timeframe and procedures for a local
24government to approve or deny an application for an
25electric substation; providing that the application is
26deemed approved if not acted on within the timeframe;
27providing for waiver of timeframes; authorizing the local
28government to establish timeframes for certain required
29information to be furnished; creating s. 163.3209, F.S.;
30prohibiting local governments from requiring any permits
31or approvals for certain vegetation maintenance in an
32established electric transmission or distribution line
33right-of-way; defining the term "vegetation maintenance
34and tree pruning or trimming"; providing for a utility to
35give notice to the local government before conducting such
36vegetation-maintenance activities; providing for
37exceptions; requiring the utility to provide its
38vegetation-maintenance plan to the local government and
39discuss it with the local government; specifying standards
40for vegetation maintenance and tree pruning or trimming
41conducted by utilities; providing for supervision of
42vegetation maintenance and tree pruning or trimming
43activities; limiting the height and clearance distance of
44vegetation that may be required by a local government in
45an established right-of-way of certain lines; providing
46for application and construction with respect to local
47franchise authority and ordinances or regulations
48governing pruning, trimming, or removal of certain trees;
49providing for application when a local government has
50adopted a described plan for vegetation maintenance, tree
51pruning, tree removal, and tree trimming within
52established rights-of-way; creating s. 186.0201, F.S.;
53requiring electric utilities to notify the regional
54planning council of plans to site electric substations;
55providing for content of the notification; requiring that
56the information be included in the regional planning
57council's annual report and supplied to local governments
58under certain conditions; amending s. 186.513, F.S.;
59correcting a reference to a specified agency; providing
60for application to the Florida Electrical Power Plant
61Siting Act; providing an effective date.
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  Section 163.3208, Florida Statutes, is created
66to read:
67     163.3208  Substation approval process.--
68     (1)  It is the intent of the Legislature to maintain,
69encourage, and ensure adequate and reliable electric
70infrastructure in the state. It is essential that electric
71infrastructure be constructed and maintained in various
72locations in order to ensure the efficient and reliable delivery
73of electric service. Electric infrastructure should be
74constructed, to the maximum extent practicable, to achieve
75compatibility with adjacent and surrounding land uses and the
76criteria included in this section are intended to balance the
77need for electricity with land use compatibility.
78     (2)  The term "distribution electric substation" means an
79electric substation which takes electricity from the
80transmission grid and converts it to a lower voltage so it can
81be distributed to customers in the local area on the local
82distribution grid through one or more distribution lines less
83than 69 kilovolts in size.
84     (3)  Electric substations are a critical component of
85electric transmission and distribution. Local governments may
86adopt and enforce reasonable land development regulations for
87new distribution electric substations addressing only setback,
88landscaping, buffering, screening, lighting, and other aesthetic
89compatibility-based standards. Vegetated buffers or screening
90beneath aerial access points to the substation equipment shall
91not be required to have a mature height in excess of 14 feet.
92     (4)  New distribution electric substations shall be a
93permitted use in all land use categories in the applicable local
94government comprehensive plan and zoning districts within a
95utility's service territory except those designated as
96preservation, conservation, or historic preservation on the
97future land use map or duly adopted ordinance. If a local
98government has not adopted reasonable standards for substation
99siting in accordance with subsection (3), the following
100standards shall apply to new distribution electric substations:
101     (a)  In nonresidential areas, the substation must comply
102with the setback and landscaped buffer area criteria applicable
103to other similar uses in that district, if any.
104     (b)  Unless the local government approves a lesser setback
105or landscape requirement, in residential areas, a setback of up
106to 100 feet between the substation property boundary and
107permanent equipment structures shall be maintained as follows:
108     1.  For setbacks between 100 feet and 50 feet, an open
109green space shall be formed by installing native landscaping,
110including trees and shrub material, consistent with the relevant
111local government's land development regulations. Substation
112equipment shall be protected by a security fence consistent with
113the relevant local government's land development regulations.
114     2.  For setbacks of less than 50 feet, a buffer wall 8 feet
115high or a fence 8 feet high with native landscaping consistent
116with the relevant local government's regulations shall be
117installed around the substation.
118     (5)  If the application for a proposed distribution
119electric substation demonstrates that the substation design is
120consistent with the local government's applicable setback,
121landscaping, buffering, screening, and other aesthetic
122compatibility-based standards, the application for development
123approval for the substation shall be approved.
124     (6)  Substation siting standards adopted after the
125effective date of this act shall not apply to electric utility
126substation applications that were submitted prior to the notice
127of the local government's adoption hearing.
128     (7)(a)  If a local government has adopted standards for the
129siting of electric substations within any of the local
130government's land use categories or zoning districts, the local
131government shall grant or deny a properly completed application
132for a permit to locate an electric substation within the land
133use category or zoning district within 90 days after the date
134the properly completed application is declared complete in
135accordance with the applicable local government application
136procedures. If the local government fails to approve or deny a
137properly completed application for an electric substation within
138the timeframes set forth, the application shall be deemed
139automatically approved and the applicant may proceed with
140construction consistent with its application without
141interference or penalty. Issuance of such local permit does not
142relieve the applicant from complying with applicable federal or
143state laws or regulations and other applicable local land
144development or building regulations, if any.
145     (b)  The local government shall notify the permit applicant
146within 30 days after the date the application is submitted as to
147whether the application is, for administrative purposes only,
148properly completed and has been properly submitted. Further
149completeness determinations shall be provided within 15 days
150after the receipt of additional information. However, such
151determination shall not be not deemed an approval of the
152application.
153     (c)  To be effective, a waiver of the timeframes set forth
154in this subsection must be voluntarily agreed to by the utility
155applicant and the local government. A local government may
156request, but not require, a waiver of the timeframes by the
157applicant, except that, with respect to a specific application,
158a one-time waiver may be required in the case of a declared
159local, state, or federal emergency that directly affects the
160administration of all permitting activities of the local
161government.
162     (d)  The local government may establish reasonable
163timeframes within which the required information to cure the
164application deficiency is to be provided or the application will
165be considered withdrawn or closed.
166     Section 2.  Section 163.3209, Florida Statutes, is created
167to read:
168     163.3209  Electric transmission and distribution line
169right-of-way maintenance.--After a right-of-way for any electric
170transmission or distribution line has been established and
171constructed, no local government shall require or apply any
172permits or other approvals or code provisions for or related to
173vegetation maintenance and tree pruning or trimming within the
174established right-of-way. The term "vegetation maintenance and
175tree pruning or trimming" means the mowing of vegetation within
176the right-of-way, removal of trees or brush within the right-of-
177way, and selective removal of tree branches that extend within
178the right-of-way. The provisions of this section do not include
179the removal of trees outside the right-of-way, which may be
180allowed in compliance with applicable local ordinances. Prior to
181conducting scheduled routine vegetation maintenance and tree
182pruning or trimming activities within an established right-of-
183way, the utility shall provide the local government with a
184minimum of 5 business days' advance notice. Such advance notice
185is not required for vegetation maintenance and tree pruning or
186trimming required to restore electric service or to avoid an
187imminent vegetation-caused outage or when performed at the
188request of the property owner adjacent to the right-of-way,
189provided that the owner has approval of the local government, if
190needed. Upon the request of the local government, the electric
191utility shall meet with the local government to discuss and
192submit the utility's vegetation maintenance plan, including the
193utility's trimming specifications and maintenance practices.
194Vegetation maintenance and tree pruning or trimming conducted by
195utilities shall conform to ANSI A300 (Part I)--2001 pruning
196standards and ANSI Z133.1-2000 Pruning, Repairing, Maintaining,
197and Removing Trees, and Cutting Brush--Safety Requirements.
198Vegetation maintenance and tree pruning or trimming conducted by
199utilities must be supervised by qualified electric utility
200personnel or licensed contractors trained to conduct vegetation
201maintenance and tree trimming or pruning consistent with this
202section or by Certified Arborists certified by the Certification
203Program of the International Society of Arboriculture. A local
204government shall not adopt an ordinance or land development
205regulation that requires the planting of a tree or other
206vegetation that will achieve a height greater than 14 feet in an
207established electric utility right-of-way or intrude from the
208side closer than the clearance distance specified in Table 2 of
209ANSI Z133.1-2000 for lines affected by the North American
210Electric Reliability Council Standard, FAC 003.1 requirement
211R1.2. This section does not supersede or nullify the terms of
212specific franchise agreements between an electric utility and a
213local government and shall not be construed to limit a local
214government's franchising authority. This section does not
215supersede local government ordinances or regulations governing
216pruning, trimming, or removal of specimen trees or historical
217trees, as defined in a local government's ordinances or
218regulations, or trees within canopy road protection areas. This
219section shall not apply if a local government has adopted a
220written plan, with concurrence from the applicable utility
221provider, specifically for vegetation maintenance, tree pruning,
222tree removal, and tree trimming within established rights-of-
223way.
224     Section 3.  Section 186.0201, Florida Statutes, is created
225to read:
226     186.0201  Electric substation planning.--Electric utility
227substations respond to development and, consequently, siting
228locations cannot be precisely planned years in advance.
229Nevertheless, on or before June 1 of every year after the
230effective date of this act, the electric utilities with service
231areas within each regional planning council shall notify the
232regional planning council of the utilities' current plans over a
2335-year period to site electric substations within the local
234governments contained within each region, including an
235identification of whether each electric substation planned
236within a general area is a distribution or transmission electric
237substation, a listing of the proposed substations' site acreage
238needs and anticipated capacity, and maps showing general
239locations of the planned electric substations. This information
240is advisory, shall be included in the regional planning
241council's annual report prepared pursuant to s. 186.513, and
242shall be supplied directly to local governments requesting the
243information.
244     Section 4.  Section 186.513, Florida Statutes, is amended
245to read:
246     186.513  Reports.--Each regional planning council shall
247prepare and furnish an annual report on its activities to the
248state land planning agency as defined in s. 163.3164(20)
249department and the local general-purpose governments within its
250boundaries and, upon payment as may be established by the
251council, to any interested person. The regional planning
252councils shall make a joint report and recommendations to
253appropriate legislative committees.
254     Section 5.  Nothing in this act is intended to supersede
255the provisions of part II of chapter 403, Florida Statutes.
256     Section 6.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.