HB 1315

1	A bill to be entitled
2	An act relating to construction of electric transmission
3	lines; amending s. 403.524, F.S.; removing exceptions to
4	requirements for an electric utility to obtain
5	certification prior to construction of a transmission
6	line; requiring an electric utility to notify affected
7	municipalities of proposed transmission line sites and
8	routes; requiring disclosure of methods used to determine
9	routes and efforts to minimize impact on the municipality;
10	authorizing a municipality to request a hearing by the
11	Florida Public Service Commission to determine disputes
12	with the electric utility; authorizing a municipality to
13	bring an action challenging transmission line siting;
14	authorizing a local governmental entity that requests
15	electric transmission lines be placed underground to share
16	the underground installation costs with any surrounding
17	governmental entity that benefits from the installation;
18	providing an effective date.
19
20	WHEREAS, pursuant to section 337.401, Florida Statutes,
21	local governmental entities are authorized to prescribe and
22	enforce reasonable rules and regulations with reference to the
23	placing and maintaining along, across, or on any road or rights-
24	of-way concerning electric transmission, telephone, telegraph,
25	or other communication service lines, pole lines, poles, or
26	other structures, and
27	WHEREAS, local governmental entities are requesting that
28	the utility lines located within their boundaries be buried
29	underground to prevent or reduce the likelihood of outages
30	during major storms, and
31	WHEREAS, utility transmission lines located within the
32	jurisdiction of one local governmental entity may benefit the
33	residents of a surrounding entity or entities, NOW, THEREFORE,
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Section 403.524, Florida Statutes, is amended
38	to read:
39	403.524  Applicability; certification; exemptions.--
40	(1)  This act applies to each transmission line, except a
41	transmission line certified under the Florida Electrical Power
42	Plant Siting Act.
43	(2)  Except as provided in subsection (1), Construction of
44	a transmission line may not be undertaken without first
45	obtaining certification under this act., but this act does not
46	apply to:
47	(a)  Transmission lines for which development approval has
48	been obtained under chapter 380.
49	(b)  Transmission lines that have been exempted by a
50	binding letter of interpretation issued under s. 380.06(4), or
51	in which the Department of Community Affairs or its predecessor
52	agency has determined the utility to have vested development
53	rights within the meaning of s. 380.05(18) or s. 380.06(20).
54	(c)  Transmission line development in which all
55	construction is limited to established rights-of-way.
56	Established rights-of-way include rights-of-way established at
57	any time for roads, highways, railroads, gas, water, oil,
58	electricity, or sewage and any other public purpose rights-of-
59	way. If an established transmission line right-of-way is used to
60	qualify for this exemption, the transmission line right-of-way
61	must have been established at least 5 years before notice of the
62	start of construction under subsection (4) of the proposed
63	transmission line. If an established transmission line right-of-
64	way is relocated to accommodate a public project, the date the
65	original transmission line right-of-way was established applies
66	to the relocated transmission line right-of-way for purposes of
67	this exemption.
68	(d)  Unless the applicant has applied for certification
69	under this act, transmission lines that are less than 15 miles
70	in length or are located in a single county within the state.
71	(3)  The exemption of a transmission line under this act
72	does not constitute an exemption for the transmission line from
73	other applicable permitting processes under other provisions of
74	law or local government ordinances.
75	(3)(4)  An electric utility shall notify every affected
76	municipality of proposed sites and routes for transmission
77	lines. The notification shall provide full disclosure of the
78	method used to determine the route of the transmission lines and
79	all efforts to minimize the impact on the affected municipality.
80	the department in writing, before the start of construction, of
81	its intent to construct a transmission line exempted under this
82	section. The notice is only for information purposes, and action
83	by the department is not required pursuant to the notice. This
84	notice may be included in any submittal filed with the
85	department before the start of construction demonstrating that a
86	new transmission line complies with the applicable electric and
87	magnetic field standards.
88	(4)  An affected municipality may request the Florida
89	Public Service Commission to hear and determine a dispute
90	between the municipality and an electric utility regarding
91	transmission line routes. An affected municipality may also
92	bring an action in the circuit court challenging the siting of
93	transmission lines or transmission line routes.
94	Section 2.  When a local governmental entity requests that
95	the electric transmission lines located within its boundaries be
96	placed underground, the local governmental entity may share the
97	underground installation costs with any surrounding governmental
98	entities that benefit from the underground installation.
99	Section 3.  This act shall take effect upon becoming a law.

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