Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1544

946116

CHAMBER ACTION

Senate

Comm: FAV

3/19/2008

House

The Committee on Environmental Preservation and Conservation

(Saunders) recommended the following amendment to amendment

(223658):

Senate Amendment (with title amendments)

Between line(s) 2157-2158

insert:

Section 41. Present subsection (3) of section 74.051,

Florida Statutes, is redesignated as subsection (4), and a new

subsection (3) is added to that section, to read:

74.051 Hearing on order of taking.--

(3) If a defendant requests a hearing and the petitioner is

an electric utility that is seeking to appropriate property

necessary for an electric generation plant, an associated

facility of such plant, an electric substation, or a power line,

the court shall conduct the hearing no more than 120 days after

the petition is filed. The court shall issue its final judgment

no more than 30 days after the hearing.

Section 42. Subsection (2) of section 253.02, Florida

Statutes, is amended to read:

253.02 Board of trustees; powers and duties.--

(2)(a) The board of trustees shall not sell, transfer, or

otherwise dispose of any lands the title to which is vested in

the board of trustees except by vote of at least three of the

four trustees and as provided in this subsection.

(b) In order to promote efficient, effective, and

economical management of state lands and utility services and if

the Public Service Commission has determined a need exists or the

Federal Energy Regulatory Commission has granted a Certificate of

Public Convenience and Necessity, the authority to grant

easements for rights-of-way over, across, and upon lands the

title to which is vested in the board of trustees for the

construction and operation of natural gas pipeline transmission

and linear facilities, including electric transmission and

distribution facilities, may be delegated to

the Secretary of Environmental Protection for facilities subject

to part II of chapter 403 or part IV of chapter 373.

Section 43. Subsection (14) is added to section 253.034,

Florida Statutes, to read:

253.034 State-owned lands; uses.--

(14)(a) If a public utility, regional transmission

organization, or natural gas company presents competent and

substantial evidence that its use of nonsovereignty state-owned

lands is reasonable based upon a consideration of economic and

environmental factors, including an assessment of practicable

alternative alignments and assurance that the lands will remain

in their predominantly natural condition, the public utility,

regional transmission organization, or natural gas company may be

granted fee simple title, easements, or other interests in

nonsovereignty state-owned lands title to which is vested in the

board of trustees, a water management district, or any other

agency in the state for:

1. Electric transmission and distribution lines;

2. Natural gas pipelines; or

3. Other linear facilities for which the Public Service

Commission has determined a need exists or the Federal Energy

Regulatory Commission has issued a Certificate of Public

Convenience and Necessity.

(b) In exchange for less than a fee simple interest

acquired pursuant to this subsection, the grantee shall pay an

amount equal to the fair market value of the interest acquired.

In addition, for the initial grant of such interests only, the

grantee shall also vest in the grantor a fee simple interest to

other available land that is 1.5 times the size of the land

acquired by the grantee. The grantor shall approve the property

to be acquired on its behalf based on the geographic location in

relation to the land relinquished by the grantor agency and a

determination that the economic, ecological, and recreational

value is at least equivalent to that of the property transferred

to the public utility, regional transmission organization, or

natural gas company.

to this subsection, the grantee shall pay an amount equal to the

fair market value of the interest acquired. In addition, for the

initial grant of such interests only, the grantee shall also vest

in the grantor a fee simple title to other available land that is

2 times the size of the land acquired by the grantee. The

grantor shall approve the land to be acquired on its behalf based

on a determination that the economic and ecological or

recreational value is at least equivalent to that of the property

transferred to the public utility, regional transmission

organization, or natural gas company.

(d) As an alternative to the consideration provided for in

paragraphs (b) and (c) above, the grantee may, subject to the

grantor's approval, pay the fair market value of the state-owned

land plus one-half of the cost differential between the cost of

constructing the facility on state-owned land and the cost of

avoiding state-owned lands, up to a maximum of twice the fair

market value of the land acquired by the grantee. The grantor

may use these moneys to acquire fee simple or less than fee

simple interest in other available land.

Section 44. Subsection (1) of section 337.401, Florida

Statutes, is amended to read:

337.401 Use of right-of-way for utilities subject to

regulation; permit; fees.--

(1) The department and local governmental entities,

referred to in ss. 337.401-337.404 as the "authority," that have

jurisdiction and control of public roads or publicly owned rail

corridors are authorized to prescribe and enforce reasonable

100

rules or regulations with reference to the placing and

101

maintaining along, across, or on any road or publicly owned rail

102

corridors under their respective jurisdictions any electric

103

transmission, telephone, telegraph, or other communications

104

services lines; pole lines; poles; railways; ditches; sewers;

105

water, heat, or gas mains; pipelines; fences; gasoline tanks and

106

pumps; or other structures hereinafter referred to in this

107

section as the "utility." For aerial and underground electric

108

utility transmission lines designed to operate at 69 kV or more

109

which are needed to accommodate the additional electrical

110

transfer capacity on the transmission grid resulting from new

111

base load generating facilities, where there is no other

112

practicable alternative available for placement of the electric

113

utility transmission lines on the department's rights-of-way, the

114

department's rules shall provide for placement of and access to

115

such transmission lines adjacent to and within the right-of-way

116

of any department-controlled public roads, including

117

longitudinally within limited access facilities to the greatest

118

extent allowed by federal law if compliance with the standards

119

established by such rules is achieved. Such rules may include,

120

but need not be limited to, presentation of competent and

121

substantial evidence that the use of the right-of-way is

122

reasonable based upon a consideration of economic and

123

environmental factors, including an assessment of practicable

124

alternative alignments, including, without limitation, other

125

utility corridors and easements and minimum clear zones and other

126

safety standards if such improvements do not interfere with

127

operational requirements of the transportation facility or

128

planned or potential future expansion of such transportation

129

facility. If the department approves longitudinal placement of

130

electric utility transmission lines in limited access facilities,

131

compensation for the use of the right-of-way is required. Such

132

consideration or compensation paid by the electric utility in

133

connection with the department's issuance of a permit does not

134

create any property right in the department's property regardless

135

of the amount of consideration paid or the improvements

136

constructed on the property by the utility. For aerial and

137

underground electric utility transmission lines designed to

138

operate at 69 kV or more which are needed to accommodate the

139

additional electrical transfer capacity on the transmission grid

140

resulting from new base load generating facilities, where there

141

is no other practicable alternative available for placement of

142

the electric utility transmission lines on the department's

143

rights-of-way, the department's rules shall provide for placement

144

of and access to such transmission lines adjacent to and within

145

the right-of-way of any department-controlled public roads,

146

including longitudinally within limited access facilities to the

147

greatest extent allowed by federal law if compliance with the

148

standards established by such rules is achieved. Such rules may

149

include, but need not be limited to, presentation of competent

150

and substantial evidence that the use of the right-of-way is

151

reasonable based upon a consideration of economic and

152

environmental factors, including, without limitation, other

153

utility corridors and easements and minimum clear zones and other

154

safety standards if such improvements do not interfere with

155

operational requirements of the transportation facility or

156

planned or potential future expansion of such transportation

157

facility. If the department approves longitudinal placement of

158

electric utility transmission lines in limited access facilities,

159

compensation for the use of the right-of-way is required. Such

160

consideration or compensation paid by the electric utility in

161

connection with the department's issuance of a permit does not

162

create any property right in the department's property regardless

163

of the amount of consideration paid or the improvements

164

constructed on the property by the utility. Upon notice by the

165

department that the property is needed for expansion or

166

improvement of the transportation facility, the electric utility

167

transmission line will relocate from the facility at the electric

168

utility's sole expense. Such relocation shall occur under a

169

schedule mutually agreed upon by the department and the electric

170

utility, taking into consideration the maintenance of overall

171

grid reliability and minimizing the relocation costs to the

172

electric utility's customers. If the utility fails to meet the

173

agreed upon schedule for relocation, the utility shall be

174

responsible for reasonable direct delay damages due to the sole

175

negligence of the electric utility as determined by a court of

176

competent jurisdiction. As used in this subsection, the term

177

"base load generating facilities" mean electrical power plants

178

that are certified under part II of chapter 403. The department

179

may enter into a permit-delegation agreement with a governmental

180

entity if issuance of a permit is based on requirements that the

181

department finds will ensure the safety and integrity of

182

facilities of the Department of Transportation; however, the

183

permit-delegation agreement does not apply to facilities of

184

electric utilities as defined in s. 366.02(2).

185

Section 45. Section 366.93, Florida Statutes, is amended to

186

read:

187

366.93 Cost recovery for the siting, design, licensing, and

188

construction of nuclear and integrated gasification combined

189

cycle power plants.--

190

(1) As used in this section, the term:

191

(a) "Cost" includes, but is not limited to, all capital

192

investments, including rate of return, any applicable taxes, and

193

all expenses, including operation and maintenance expenses,

194

related to or resulting from the siting, licensing, design,

195

construction, or operation of the nuclear power plant and any

196

new, enlarged, or relocated electrical transmission lines or

197

facilities of any size which are necessary to serve the nuclear

198

or integrated gasification combined cycle power plant.

199

(b) "Electric utility" or "utility" has the same meaning as

200

that provided in s. 366.8255(1)(a).

201

202

"plant" is an electrical power plant as defined in s. 403.503(14)

203

which s. 403.503(13) that uses synthesis gas produced by

204

integrated gasification technology.

205

(c)(d) "Nuclear power plant" or "plant" means is an

206

electrical power plant, as defined in s. 403.503(14), which s.

207

403.503(13) that uses nuclear materials for fuel.

208

(d)(e) "Power plant" or "plant" means a nuclear power plant

209

or an integrated gasification combined cycle power plant.

210

(e)(f) "Preconstruction" is that period of time after a

211

site, including any related electrical transmission lines or

212

facilities, has been selected through and including the date the

213

utility completes site-clearing site clearing work.

214

Preconstruction costs shall be afforded deferred accounting

215

treatment and shall accrue a carrying charge equal to the

216

utility's allowance for funds during construction (AFUDC) rate

217

until recovered in rates.

218

(2) Within 6 months after the enactment of this act, the

219

commission shall establish, by rule, alternative cost recovery

220

mechanisms for the recovery of costs incurred in the siting,

221

design, licensing, and construction of a nuclear power plant,

222

including new, expanded, or relocated electrical transmission

223

lines and facilities that are necessary to serve the nuclear or

224

integrated gasification combined cycle power plant. Such

225

mechanisms shall be designed to promote utility investment in

226

nuclear or integrated gasification combined cycle power plants

227

and allow for the recovery in rates of all prudently incurred

228

costs, and shall include, but need are not be limited to:

229

(a) Recovery through the capacity cost recovery clause of

230

any preconstruction costs.

231

(b) Recovery through an incremental increase in the

232

utility's capacity cost recovery clause rates of the carrying

233

costs on the utility's projected construction cost balance

234

associated with the nuclear or integrated gasification combined

235

cycle power plant. To encourage investment and provide certainty,

236

for nuclear or integrated gasification combined cycle power plant

237

need petitions submitted on or before December 31, 2010,

238

associated carrying costs shall be equal to the pretax AFUDC in

239

effect upon this act becoming law. For nuclear or integrated

240

gasification combined cycle power plants for which need petitions

241

are submitted after December 31, 2010, the utility's existing

242

pretax AFUDC rate is presumed to be appropriate unless determined

243

otherwise by the commission in the determination of need for the

244

nuclear or integrated gasification combined cycle power plant.

245

(3) After a petition for determination of need is granted,

246

a utility may petition the commission for cost recovery as

247

permitted by this section and commission rules.

248

(4) When the nuclear or integrated gasification combined

249

cycle power plant is placed in commercial service, the utility

250

shall be allowed to increase its base rate charges by the

251

projected annual revenue requirements of the nuclear or

252

integrated gasification combined cycle power plant based on the

253

jurisdictional annual revenue requirements of the plant for the

254

first 12 months of operation. The rate of return on capital

255

investments shall be calculated using the utility's rate of

256

return last approved by the commission prior to the commercial

257

inservice date of the nuclear or integrated gasification combined

258

cycle power plant. If any existing generating plant is retired as

259

a result of operation of the nuclear or integrated gasification

260

combined cycle power plant, the commission shall allow for the

261

recovery, through an increase in base rate charges, of the net

262

book value of the retired plant over a period not to exceed 5

263

years.

264

(5) The utility shall report to the commission annually the

265

budgeted and actual costs as compared to the estimated inservice

266

cost of the nuclear or integrated gasification combined cycle

267

power plant provided by the utility pursuant to s. 403.519(4),

268

until the commercial operation of the nuclear or integrated

269

gasification combined cycle power plant. The utility shall

270

provide such information on an annual basis following the final

271

order by the commission approving the determination of need for

272

the nuclear or integrated gasification combined cycle power

273

plant, with the understanding that some costs may be higher than

274

estimated and other costs may be lower.

275

(6) If In the event the utility elects not to complete or

276

is precluded from completing construction of the nuclear power

277

plant, including any new, expanded, or relocated electrical

278

transmission lines or facilities or integrated gasification

279

combined cycle power plant, the utility shall be allowed to

280

recover all prudent preconstruction and construction costs

281

incurred following the commission's issuance of a final order

282

granting a determination of need for the nuclear power plant and

283

electrical transmission lines and facilities or integrated

284

gasification combined cycle power plant. The utility shall

285

recover such costs through the capacity cost recovery clause over

286

a period equal to the period during which the costs were incurred

287

or 5 years, whichever is greater. The unrecovered balance during

288

the recovery period will accrue interest at the utility's

289

weighted average cost of capital as reported in the commission's

290

earnings surveillance reporting requirement for the prior year.

291

Section 46. Paragraph (c) of subsection (3) of section

292

380.23, Florida Statutes, is amended to read:

293

380.23 Federal consistency.--

294

(3) Consistency review shall be limited to review of the

295

following activities, uses, and projects to ensure that such

296

activities, uses, and projects are conducted in accordance with

297

the state's coastal management program:

298

299

land or water uses when such activities are in or seaward of the

300

jurisdiction of local governments required to develop a coastal

301

zone protection element as provided in s. 380.24 and when such

302

activities involve:

303

1. Permits and licenses required under the Rivers and

304

Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.

305

2. Permits and licenses required under the Marine

306

Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.

307

1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.

308

3. Permits and licenses required under the Federal Water

309

Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as

310

amended, unless such permitting activities have been delegated to

311

the state pursuant to said act.

312

4. Permits and licenses relating to the transportation of

313

hazardous substance materials or transportation and dumping which

314

are issued pursuant to the Hazardous Materials Transportation

315

Act, 49 U.S.C. ss. 1501 et seq., as amended, or 33 U.S.C. s.

316

1321, as amended.

317

5. Permits and licenses required under 15 U.S.C. ss. 717-

318

717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 1331-

319

1356 for construction and operation of interstate gas pipelines

320

and storage facilities.

321

6. Permits and licenses required for the siting and

322

construction of any new electrical power plants as defined in s.

323

403.503(14) s. 403.503(13), as amended, and the licensing and

324

relicensing of hydroelectric power plants under the Federal Power

325

Act, 16 U.S.C. ss. 791a et seq., as amended.

326

7. Permits and licenses required under the Mining Law of

327

1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands

328

Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral

329

Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as

330

amended; the Federal Land Policy and Management Act, 43 U.S.C.

331

ss. 1701 et seq., as amended; the Mining in the Parks Act, 16

332

U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43

333

U.S.C. ss. 1331 et seq., as amended, for drilling, mining,

334

pipelines, geological and geophysical activities, or rights-of-

335

way on public lands and permits and licenses required under the

336

Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as

337

amended.

338

8. Permits and licenses for areas leased under the OCS

339

Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including

340

leases and approvals of exploration, development, and production

341

plans.

342

9. Permits and licenses required under the Deepwater Port

343

Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.

344

10. Permits required for the taking of marine mammals under

345

the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.

346

s. 1374.

347

Section 47. Subsection (20) of section 403.031, Florida

348

Statutes, is amended to read:

349

403.031 Definitions.--In construing this chapter, or rules

350

and regulations adopted pursuant hereto, the following words,

351

phrases, or terms, unless the context otherwise indicates, have

352

the following meanings:

353

(20) "Electrical power plant" means, for purposes of this

354

part of this chapter, any electrical generating facility that

355

uses any process or fuel and that is owned or operated by an

356

electric utility, as defined in s. 403.503(14) s. 403.503(13),

357

and includes any associated facility that directly supports the

358

operation of the electrical power plant.

359

Section 48. Present subsections (3) through (30) of section

360

403.503, Florida Statutes, are redesignated as subsections (4)

361

through (31), respectively, a new subsection (3) is added to that

362

section, and present subsection (10) of that section is amended,

363

to read:

364

403.503 Definitions relating to Florida Electrical Power

365

Plant Siting Act.--As used in this act:

366

(3) "Alternate corridor" means an area that is proposed by

367

the applicant or a third party within which all or part of an

368

associated electrical transmission line right-of-way is to be

369

located and that is different from the preferred transmission

370

line corridor proposed by the applicant. The width of the

371

alternate corridor proposed for certification for an associated

372

electrical transmission line may be the width of the proposed

373

right-of-way or a wider boundary not to exceed a width of 1 mile.

374

The area within the alternate corridor may be further restricted

375

as a condition of certification. The alternate corridor may

376

include alternate electrical substation sites if the applicant

377

has proposed an electrical substation as part of the portion of

378

the proposed electrical transmission line.

379

(11)(10) "Corridor" means the proposed area within which an

380

associated linear facility right-of-way is to be located. The

381

width of the corridor proposed for certification as an associated

382

facility, at the option of the applicant, may be the width of the

383

right-of-way or a wider boundary, not to exceed a width of 1

384

mile. The area within the corridor in which a right-of-way may be

385

located may be further restricted by a condition of

386

certification. After all property interests required for the

387

right-of-way have been acquired by the licensee, the boundaries

388

of the area certified shall narrow to only that land within the

389

boundaries of the right-of-way. The corridors proposed for

390

certification shall be those addressed in the application, in

391

amendments to the application filed under s. 403.5064, and in

392

notices of acceptance of proposed alternate corridors filed by an

393

applicant and the department pursuant to s. 403.5271, as

394

incorporated by reference in s. 403.5064(1)(b), for which the

395

required information for the preparation of agency supplemental

396

reports was filed.

397

Section 49. Present subsections (9) through (12) of section

398

403.504, Florida Statutes, are redesignated as subsections (10)

399

through (13), respectively, and a new subsection (9) is added to

400

that section, to read:

401

403.504 Department of Environmental Protection; powers and

402

duties enumerated.--The department shall have the following

403

powers and duties in relation to this act:

404

(9) To determine whether an alternate corridor proposed for

405

consideration under s. 403.5064(4) is acceptable.

406

Section 50. Subsection (3) is added to section 403.506,

407

Florida Statutes, to read:

408

403.506 Applicability, thresholds, and certification.--

409

(3) An electric utility may obtain separate licenses,

410

permits, and approvals for the construction of facilities

411

necessary to construct an electrical power plant without first

412

obtaining certification under this act if the utility intends to

413

locate, license, and construct a proposed or expanded electrical

414

power plant that uses nuclear materials as fuel. Such facilities

415

may include, but are not limited to, access and onsite roads,

416

rail lines, electrical transmission facilities to support

417

construction, and facilities necessary for waterborne delivery of

418

construction materials and project components. This exemption

419

applies to such facilities regardless of whether the facilities

420

are used for operation of the power plant. The applicant shall

421

file with the department a statement that declares that the

422

construction of such facilities is necessary for the timely

423

construction of the proposed electrical power plant and

424

identifies those facilities that the applicant intends to seek

425

licenses for and construct prior to or separate from

426

certification of the project. The facilities may be located

427

within or off of the site for the proposed electrical power

428

plant. The filing of an application under this act does not

429

affect other applications for separate licenses which are pending

430

at the time of filing the application. Furthermore, the filing of

431

an application does not prevent an electric utility from seeking

432

separate licenses for facilities that are necessary to construct

433

the electrical power plant. Licenses, permits, or approvals

434

issued by any state, regional, or local agency for such

435

facilities shall be incorporated by the department into a final

436

certification upon completion of construction. Any facilities

437

necessary for construction of the electrical power plant shall

438

become part of the certified electrical power plant upon

439

completion of the electrical power plant's construction. The

440

exemption in this subsection does not require or authorize agency

441

rulemaking, and any action taken under this subsection is not

442

subject to chapter 120. This subsection shall be given

443

retroactive effect and applies to applications filed after May 1,

444

2008.

445

446

Section 51. Subsections (1) and (4) of section 403.5064,

447

Florida Statutes, are amended to read:

448

(1) The formal date of filing of a certification

449

application and commencement of the certification review process

450

shall be when the applicant submits:

451

(a) Copies of the certification application in a quantity

452

and format as prescribed by rule to the department and other

453

agencies identified in s. 403.507(2)(a).

454

(b) A statement affirming that the applicant is opting to

455

allow consideration of alternate corridors for an associated

456

transmission line corridor. If alternate corridors are allowed,

457

at the applicant's option, the portion of the application

458

addressing associated transmission line corridors shall be

459

processed pursuant to the schedule set forth in ss. 403.521-

460

403.526 and 403.5271, including the opportunity for the filing

461

and review of alternate corridors, if a party proposes alternate

462

transmission line corridor routes for consideration no later than

463

115 days before the certification hearing that is scheduled for

464

the power plant, including any associated transmission line

465

corridors, in accordance with s. 403.508(2).

466

(c)(b) The application fee specified under s. 403.518 to

467

the department.

468

(4) Within 7 days after the filing of an application, the

469

department shall prepare a proposed schedule of dates for

470

determination of completeness, submission of statements of

471

issues, submittal of final reports, and other significant dates

472

to be followed during the certification process, including dates

473

for filing notices of appearance to be a party pursuant to s.

474

403.508(3). If the application includes one or more associated

475

transmission line corridors, at the request of the applicant

476

filed concurrently with the application, the department shall use

477

the application processing schedule set forth in ss. 403.521-

478

403.526 and 403.5271 for the associated transmission line

479

corridors, including the opportunity for the filing and review of

480

alternate corridors, if a party proposes alternate transmission

481

line corridor routes for consideration no later than 115 days

482

before the scheduled certification hearing. Notwithstanding an

483

applicant's option for the transmission line corridor portion of

484

its application to be processed under the proposed schedule, only

485

one certification hearing shall be held for the entire power

486

plant in accordance with s. 403.508(2). The proposed This

487

schedule shall be timely provided by the department to the

488

applicant, the administrative law judge, all agencies identified

489

pursuant to subsection (2), and all parties. Within 7 days after

490

the filing of the proposed schedule, the administrative law judge

491

shall issue an order establishing a schedule for the matters

492

addressed in the department's proposed schedule and other

493

appropriate matters, if any.

494

Section 52. Subsections (1) and (3) of section 403.50665,

495

Florida Statutes, are amended, and subsection (7) is added to

496

that section, to read:

497

403.50665 Land use consistency.--

498

(1) The applicant shall include in the application a

499

statement on the consistency of the site, or any directly

500

associated facilities that constitute a "development," as defined

501

by s. 380.04, with existing land use plans and zoning ordinances

502

that were in effect on the date the application was filed and a

503

full description of such consistency.

504

(3) If the local government issues a determination that the

505

proposed electrical power plant and any directly associated

506

facility is not consistent or in compliance with local land use

507

plans and zoning ordinances, the applicant may apply to the local

508

government for the necessary local approval to address the

509

inconsistencies in the local government's determination. If the

510

applicant makes such an application to the local government, the

511

time schedules under this act shall be tolled until the local

512

government issues its revised determination on land use and

513

zoning or the applicant otherwise withdraws its application to

514

the local government. If the applicant applies to the local

515

government for necessary local land use or zoning approval, the

516

local government shall issue a revised determination within 30

517

days following the conclusion of that local proceeding, and the

518

time schedules and notice requirements under this act shall apply

519

to such revised determination.

520

(7) The issue of land use and zoning consistency for any

521

alternate intermediate electrical substation that is proposed as

522

part of an alternate electrical transmission line corridor and

523

that is accepted by the applicant and the department under s.

524

403.5271(1)(b) shall be addressed in the supplementary report

525

prepared by the local government on the proposed alternate

526

corridor and shall be considered as an issue at any final

527

certification hearing. If such a proposed intermediate electrical

528

substation is determined to not be consistent with local land use

529

plans and zoning ordinances, the alternate electrical substation

530

shall not be certified.

531

Section 53. Paragraph (d) of subsection (3) of section

532

403.509, Florida Statutes, is amended, present subsections (4)

533

through (6) of that section, are redesignated as subsections (5)

534

through (7), respectively, and a new subsection (4) is added to

535

that section, to read:

536

403.509 Final disposition of application.--

537

(3) In determining whether an application should be

538

approved in whole, approved with modifications or conditions, or

539

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

540

whether, and the extent to which, the location of the electrical

541

power plant and directly associated facilities and their

542

construction and operation will:

543

(d) Meet the electrical energy needs of the state in an

544

orderly, reliable, and timely fashion.

545

(4)(a) Any transmission line corridor certified by the

546

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

547

this section. When more than one transmission line corridor is

548

proposed for certification under s. 403.503(10) and meets the

549

criteria of this section, the board, or secretary if applicable,

550

shall certify the transmission line corridor that has the least

551

adverse impact regarding the criteria in subsection (3),

552

including costs.

553

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

554

alternate corridor rejected pursuant to s. 403.5271 as

555

incorporated by reference in s. 403.5064(1)(b) meets the criteria

556

of subsection (3) and has the least adverse impact regarding the

557

criteria in subsection (3), the board, or secretary if

558

applicable, shall deny certification or shall allow the applicant

559

to submit an amended application to include the corridor.

560

561

two or more of the corridors that comply with subsection (3) have

562

the least adverse impacts regarding the criteria in subsection

563

(3), including costs, and that the corridors are substantially

564

equal in adverse impacts regarding the criteria in subsection

565

(3), including costs, the board, or secretary if applicable,

566

shall certify the corridor preferred by the applicant if the

567

corridor is one proper for certification under s. 403.503(10).

568

Section 54. Subsection (5) is added to section 403.5115,

569

Florida Statutes, to read:

570

403.5115 Public notice.--

571

(5) A proponent of an alternate corridor shall publish

572

public notices concerning the filing of a proposal for an

573

alternate corridor; the route of the alternate corridor; the

574

revised time schedules, if any; the filing deadline for a

575

petition to become a party; and the date of the rescheduled

576

certification hearing, if necessary. For purposes of this

577

subsection, all notices must be published in a newspaper or

578

newspapers of general circulation within the county or counties

579

affected by the proposed alternate corridor and must comply with

580

the requirements provided in subsection (2). The notices must be

581

published at least 45 days before the date of the rescheduled

582

certification hearing.

583

Section 55. Subsection (1) of section 403.5175, Florida

584

Statutes, is amended to read:

585

403.5175 Existing electrical power plant site

586

certification.--

587

(1) An electric utility that owns or operates an existing

588

electrical power plant as defined in s. 403.503(14) s.

589

403.503(13) may apply for certification of an existing power

590

plant and its site in order to obtain all agency licenses

591

necessary to ensure compliance with federal or state

592

environmental laws and regulation using the centrally

593

coordinated, one-stop licensing process established by this part.

594

An application for site certification under this section must be

595

in the form prescribed by department rule. Applications must be

596

reviewed and processed using the same procedural steps and

597

notices as for an application for a new facility, except that a

598

determination of need by the Public Service Commission is not

599

required.

600

Section 56. Subsection (6) is added to section 403.518,

601

Florida Statutes, to read:

602

403.518 Fees; disposition.--The department shall charge the

603

applicant the following fees, as appropriate, which, unless

604

otherwise specified, shall be paid into the Florida Permit Fee

605

Trust Fund:

606

(6) An application fee for an alternate corridor filed

607

pursuant to s. 403.5064(4). The application fee shall be $750 per

608

mile for each mile of the alternate corridor located within an

609

existing electric transmission line right-of-way or within an

610

existing right-of-way for a road, highway, railroad, or other

611

aboveground linear facility, or $1,000 per mile for each mile of

612

an electric transmission line corridor proposed to be located

613

outside the existing right-of-way.

614

Section 57. Subsection (4) of section 403.519, Florida

615

Statutes, is amended to read:

616

403.519 Exclusive forum for determination of need.--

617

(4) In making its determination on a proposed electrical

618

power plant using nuclear materials or synthesis gas produced by

619

integrated gasification combined cycle power plant as fuel, the

620

commission shall hold a hearing within 90 days after the filing

621

of the petition to determine need and shall issue an order

622

granting or denying the petition within 135 days after the date

623

of the filing of the petition. The commission shall be the sole

624

forum for the determination of this matter and the issues

625

addressed in the petition, which accordingly shall not be

626

reviewed in any other forum, or in the review of proceedings in

627

such other forum. In making its determination to either grant or

628

deny the petition, the commission shall consider the need for

629

electric system reliability and integrity, including fuel

630

diversity, the need for base-load generating capacity, the need

631

for adequate electricity at a reasonable cost, and whether

632

renewable energy sources and technologies, as well as

633

conservation measures, are utilized to the extent reasonably

634

available.

635

(a) The applicant's petition shall include:

636

1. A description of the need for the generation capacity.

637

2. A description of how the proposed nuclear or integrated

638

gasification combined cycle power plant will enhance the

639

reliability of electric power production within the state by

640

improving the balance of power plant fuel diversity and reducing

641

Florida's dependence on fuel oil and natural gas.

642

3. A description of and a nonbinding estimate of the cost

643

of the nuclear or integrated gasification combined cycle power

644

plant, including any costs associated with new, enlarged, or

645

relocated electrical transmission lines or facilities of any size

646

that are necessary to serve the nuclear power plant.

647

4. The annualized base revenue requirement for the first 12

648

months of operation of the nuclear or integrated gasification

649

combined cycle power plant.

650

5. Information on whether there were any discussions with

651

any electric utilities regarding ownership of a portion of the

652

nuclear or integrated gasification combined cycle power plant by

653

such electric utilities.

654

(b) In making its determination, the commission shall take

655

into account matters within its jurisdiction, which it deems

656

relevant, including whether the nuclear or integrated

657

gasification combined cycle power plant will:

658

1. Provide needed base-load capacity.

659

2. Enhance the reliability of electric power production

660

within the state by improving the balance of power plant fuel

661

diversity and reducing Florida's dependence on fuel oil and

662

natural gas.

663

3. Provide the most cost-effective source of power, taking

664

into account the need to improve the balance of fuel diversity,

665

reduce Florida's dependence on fuel oil and natural gas, reduce

666

air emission compliance costs, and contribute to the long-term

667

stability and reliability of the electric grid.

668

669

Code, shall be applicable to a nuclear or integrated gasification

670

combined cycle power plant sited under this act, including

671

provisions for cost recovery, and an applicant shall not

672

otherwise be required to secure competitive proposals for power

673

supply prior to making application under this act or receiving a

674

determination of need from the commission.

675

(d) The commission's determination of need for a nuclear or

676

integrated gasification combined cycle power plant shall create a

677

presumption of public need and necessity and shall serve as the

678

commission's report required by s. 403.507(4)(a). An order

679

entered pursuant to this section constitutes final agency action.

680

Any petition for reconsideration of a final order on a petition

681

for need determination shall be filed within 5 days after the

682

date of such order. The commission's final order, including any

683

order on reconsideration, shall be reviewable on appeal in the

684

Florida Supreme Court. Inasmuch as delay in the determination of

685

need will delay siting of a nuclear or integrated gasification

686

combined cycle power plant or diminish the opportunity for

687

savings to customers under the federal Energy Policy Act of 2005,

688

the Supreme Court shall proceed to hear and determine the action

689

as expeditiously as practicable and give the action precedence

690

over matters not accorded similar precedence by law.

691

(e) After a petition for determination of need for a

692

nuclear or integrated gasification combined cycle power plant has

693

been granted, the right of a utility to recover any costs

694

incurred prior to commercial operation, including, but not

695

limited to, costs associated with the siting, design, licensing,

696

or construction of the plant and new, expanded, or relocated

697

electrical transmission lines or facilities of any size that are

698

necessary to serve the nuclear power plant, shall not be subject

699

to challenge unless and only to the extent the commission finds,

700

based on a preponderance of the evidence adduced at a hearing

701

before the commission under s. 120.57, that certain costs were

702

imprudently incurred. Proceeding with the construction of the

703

nuclear or integrated gasification combined cycle power plant

704

following an order by the commission approving the need for the

705

nuclear or integrated gasification combined cycle power plant

706

under this act shall not constitute or be evidence of imprudence.

707

Imprudence shall not include any cost increases due to events

708

beyond the utility's control. Further, a utility's right to

709

recover costs associated with a nuclear or integrated

710

gasification combined cycle power plant may not be raised in any

711

other forum or in the review of proceedings in such other forum.

712

Costs incurred prior to commercial operation shall be recovered

713

pursuant to chapter 366.

714

Section 58. Paragraph (i) of subsection (6) of section

715

403.814, Florida Statutes, is amended to read:

716

403.814 General permits; delegation.--

717

(6) Construction and maintenance of electric transmission

718

or distribution lines in wetlands by electric utilities, as

719

defined in s. 366.02, shall be authorized by general permit

720

provided the following provisions are implemented:

721

(i) This subsection also applies to transmission lines and

722

appurtenances certified pursuant to part II of this chapter.

723

However, the criteria of the general permit shall not otherwise

724

affect the authority of the siting board to condition

725

certification of transmission lines as authorized under part II

726

of this chapter.

727

728

Maintenance of existing electric lines and clearing of vegetation

729

in wetlands conducted without the placement of structures in

730

wetlands or other dredge and fill activities does not require an

731

individual or general construction permit. For the purpose of

732

this subsection, wetlands shall mean the landward extent of

733

waters of the state regulated under ss. 403.91-403.929 and

734

isolated and nonisolated wetlands regulated under part IV of

735

chapter 373. The provisions provided in this subsection apply to

736

the permitting requirements of the department, any water

737

management district, and any local government implementing part

738

IV of chapter 373 or part VIII of this chapter.

739

Section 59. This act shall take effect upon becoming a law,

740

except as expressly provided otherwise.

741

742

================ T I T L E A M E N D M E N T ================

743

And the title is amended as follows:

744

Delete line(s) 2396

745

and insert:

746

a specified date; amending s. 74.051, F.S.; requiring a

747

court to conduct a hearing and issue a final judgment on a

748

petition for a taking within specified times after a

749

utility's request for such hearing; amending s. 253.02,

750

F.S.; authorizing the Secretary of Environmental

751

Protection to grant easements across lands owned by the

752

Board of Trustees of the Internal Improvement Trust Fund

753

under certain conditions; amending s. 253.034, F.S.;

754

granting a utility the use of nonsovereignty state-owned

755

lands upon a showing of competent substantial evidence

756

that the use is reasonable; establishing criteria relating

757

to the title, distribution, and cost of such lands;

758

amending s. 337.401, F.S.; requiring the Department of

759

Environmental Protection to adopt rules relating to the

760

placement of and access to aerial and underground electric

761

transmission lines having certain specifications; defining

762

the term "base-load generating facilities"; amending s.

763

366.93, F.S.; revising the definitions of "cost" and

764

"preconstruction"; requiring the Public Service Commission

765

to establish rules relating to cost recovery for the

766

construction of new, expanded, or relocated electrical

767

transmission lines and facilities for a nuclear power

768

plant; amending ss. 380.23 and 403.031, F.S.; conforming

769

cross-references; amending s. 403.503, F.S.; defining the

770

term "alternate corridor" and redefining the term

771

"corridor" for purposes of the Florida Electrical Power

772

Plant Siting Act; amending s. 403.504, F.S.; requiring the

773

Department of Environmental Protection to determine

774

whether a proposed alternate corridor is acceptable;

775

amending s. 403.506, F.S.; exempting an electric utility

776

from obtaining certification under the Florida Electrical

777

Power Plant Siting Act before constructing facilities for

778

a power plant using nuclear materials as fuel; providing

779

that a utility may obtain separate licenses, permits, and

780

approvals for such construction under certain

781

circumstances; exempting such provisions from review under

782

ch. 120, F.S.; amending s. 403.5064, F.S.; requiring an

783

applicant to submit a statement to the department if such

784

applicant opts for consideration of alternate corridors;

785

amending s. 403.50665, F.S.; requiring an application to

786

include a statement on the consistency of directly

787

associated facilities constituting a "development";

788

requiring the Department of Environmental Protection to

789

address at the certification hearing the issue of

790

compliance with land use plans and zoning ordinances for a

791

proposed substation located in or along an alternate

792

corridor; amending s. 403.509, F.S.; requiring the

793

Governor and Cabinet sitting as the siting board to

794

certify the corridor having the least adverse impact;

795

authorizing the board to deny certification or allow a

796

party to amend its proposal; amending s. 403.5115, F.S.;

797

requiring the applicant proposing the alternate corridor

798

to publish all notices relating to the application;

799

requiring that such notices comply with certain

800

requirements; requiring that notices be published at least

801

45 days before the rescheduled certification hearing;

802

amending s. 403.5175, F.S.; conforming a cross-reference;

803

amending s. 403.518, F.S.; authorizing the Department of

804

Environmental Protection to charge an application fee for

805

an alternate corridor; amending ss. 403.519 and 403.814,

806

F.S., relating to determinations of need and general

807

permits; conforming provisions to changes made by the act;

808

providing effective dates.

3/18/2008 6:25:00 PM EP.EP.05306

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