Florida Senate - 2009                                    SB 2068
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-01597B-09                                          20092068__
    1                        A bill to be entitled                      
    2         An act relating to alternative energy facilities;
    3         creating s. 125.0112, F.S.; providing that the
    4         construction and operation of a biofuel processing
    5         facility or a renewable energy generating facility and
    6         the cultivation and production of bioenergy
    7         constitutes a valid industrial and agricultural use
    8         for purposes of any local zoning regulation;
    9         prohibiting such regulation from requiring the owner
   10         or operator of the facility to obtain a special
   11         exemption, use permit, waiver, or variance, or to pay
   12         a special fee exceeding a specified amount; amending
   13         s. 373.236, F.S.; requiring that a permit for the use
   14         of water for cultivating agricultural products and
   15         renewable energy be granted for a specified number of
   16         years if certain conditions are met; providing
   17         requirements for permittees; providing an exemption;
   18         amending s. 403.973, F.S.; providing for the expedited
   19         review of permit applications for projects resulting
   20         in the production of biofuels or in the construction
   21         of a biofuel or biodiesel processing facility or
   22         renewable energy generating facility; clarifying
   23         provisions relating to memoranda of agreement which
   24         establish regional teams for the expedited review of
   25         such applications; providing an effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 125.0112, Florida Statutes, is created
   30  to read:
   31         125.0112Biofuels and renewable energy.—The construction
   32  and operation of a biofuel processing facility or a renewable
   33  energy generating facility, as defined in s. 366.91(2)(d), and
   34  the cultivation and production of bioenergy, as defined in s.
   35  570.957(1)(a), constitutes a valid industrial and agricultural
   36  use for purposes of any local zoning regulation. Such regulation
   37  may not require the owner or operator of a biofuel processing
   38  facility or a renewable energy generating facility to obtain any
   39  special exemption, use permit, waiver, or variance, or to pay
   40  any special fee in excess of $1,000 to operate in an area zoned
   41  for agricultural or industrial use.
   42         Section 2. Subsection (6) is added to section 373.236,
   43  Florida Statutes, to read:
   44         373.236 Duration of permits; compliance reports.—
   45         (6)A permit that is approved for the use of water for
   46  cultivating agricultural products on lands consisting of 5,000
   47  acres or more and for renewable energy, as defined in s.
   48  366.91(2)(d), shall be granted for a term of at least 25 years
   49  commensurate with the foreseeable life of the renewable energy
   50  generating facility, including the extension of a facility's
   51  life from viable repowering projects. The permittee shall
   52  provide a compliance report every 5 years during the term of the
   53  permit as required in subsection (4); however, s. 373.243(4)
   54  does not apply due to the financial and land requirements that
   55  must be met before initiating energy production.
   56         Section 3. Subsections (3), (4), (7), and (11), paragraph
   57  (b) of subsection (13), paragraph (b) of subsection (14),
   58  subsection (15), and paragraph (b) of subsection (19) of section
   59  403.973, Florida Statutes, are amended to read:
   60         403.973 Expedited permitting; comprehensive plan
   61  amendments.—
   62         (3)(a) The Governor, through the office, shall direct the
   63  creation of regional permit action teams, for the purpose of
   64  expediting review of permit applications and local comprehensive
   65  plan amendments submitted by:
   66         1. Businesses creating at least 100 jobs, or
   67         2. Businesses creating at least 50 jobs if the project is
   68  located in an enterprise zone, or in a county having a
   69  population of less than 75,000 or in a county having a
   70  population of less than 100,000 which is contiguous to a county
   71  having a population of less than 75,000, as determined by the
   72  most recent decennial census, residing in incorporated and
   73  unincorporated areas of the county., or
   74         (b) On a case-by-case basis and at the request of a county
   75  or municipal government, the office may certify as eligible for
   76  expedited review a project not meeting the minimum job creation
   77  thresholds but creating a minimum of 10 jobs. The recommendation
   78  from the governing body of the county or municipality in which
   79  the project may be located is required in order for the office
   80  to certify that any project is eligible for expedited review
   81  under this paragraph. When considering projects that do not meet
   82  the minimum job creation thresholds but that are recommended by
   83  the governing body in which the project may be located, the
   84  office shall consider economic impact factors that include, but
   85  are not limited to:
   86         1. The proposed wage and skill levels relative to those
   87  existing in the area in which the project may be located;
   88         2. The project's potential to diversify and strengthen the
   89  area's economy;
   90         3. The amount of capital investment; and
   91         4. The number of jobs that will be made available for
   92  persons served by the welfare transition program.
   93         (c) At the request of a county or municipal government, the
   94  office or a Quick Permitting County may certify projects located
   95  in counties where the ratio of new jobs per participant in the
   96  welfare transition program, as determined by Workforce Florida,
   97  Inc., is less than one or otherwise critical, as eligible for
   98  the expedited permitting process. Such projects must meet the
   99  numerical job creation criteria of this subsection, but the jobs
  100  created by the project do not have to be high-wage jobs that
  101  diversify the state's economy.
  102         (d) Projects located in a designated brownfield area are
  103  eligible for the expedited permitting process.
  104         (e) Projects that are part of the state-of-the-art
  105  biomedical research institution and campus to be established in
  106  this state by the grantee under s. 288.955 are eligible for the
  107  expedited permitting process, if the projects are designated as
  108  part of the institution or campus by the board of county
  109  commissioners of the county in which the institution and campus
  110  are established.
  111         (f)Projects that result in the production of biofuels
  112  cultivated on lands consisting of 5,000 acres or more, or in the
  113  construction of a biofuel or biodiesel processing facility or
  114  renewable energy generating facility as defined in s.
  115  366.91(2)(d), are eligible for the expedited permitting process.
  116         (4) The regional teams shall be established through the
  117  execution of memoranda of agreement developed by the applicant
  118  and between the office with input solicited from and the
  119  respective heads of the Department of Environmental Protection,
  120  the Department of Community Affairs, the Department of
  121  Transportation and its district offices, the Department of
  122  Agriculture and Consumer Services, the Fish and Wildlife
  123  Conservation Commission, appropriate regional planning councils,
  124  appropriate water management districts, and voluntarily
  125  participating municipalities and counties. The memoranda of
  126  agreement must should also accommodate participation in the this
  127  expedited process by other local governments and federal
  128  agencies as circumstances warrant.
  129         (7) An appeal At the option of the participating local
  130  government, appeals of a local government's its final approval
  131  for a project must may be conducted pursuant to the summary
  132  hearing provisions in of s. 120.574, pursuant to subsection
  133  (14), and consolidated with the challenge of applicable state
  134  agency actions, if any or pursuant to other appellate processes
  135  available to the local government. The local government's
  136  decision to enter into a summary hearing must be made as
  137  provided in s. 120.574 or in the memorandum of agreement.
  138         (11) The standard form memorandum memoranda of agreement
  139  must shall include guidelines to be used in working with state,
  140  regional, and local permitting authorities. Guidelines may
  141  include, but are not limited to, the following:
  142         (a) A central contact point for filing permit applications
  143  and local comprehensive plan amendments and for obtaining
  144  information on permit and local comprehensive plan amendment
  145  requirements;
  146         (b) Identification of the individual or individuals within
  147  each respective agency who will be responsible for processing
  148  the expedited permit application or local comprehensive plan
  149  amendment for the that agency;
  150         (c) A mandatory preapplication review process to reduce
  151  permitting conflicts by providing guidance to applicants
  152  regarding the permits needed from each agency and governmental
  153  entity, site planning and development, site suitability and
  154  limitations, facility design, and steps the applicant can take
  155  to ensure expeditious permit application and local comprehensive
  156  plan amendment review. As a part of the this process, the first
  157  interagency meeting to discuss a project shall be held within 14
  158  days after the office's determination that the project is
  159  eligible for expedited review. Subsequent interagency meetings
  160  may be scheduled to accommodate the needs of participating local
  161  governments that are unable to meet public notice requirements
  162  for executing a memorandum of agreement within the this
  163  timeframe. Such This accommodation may not exceed 45 days from
  164  the office's determination that the project is eligible for
  165  expedited review;
  166         (d) The preparation of a single coordinated project
  167  description form and checklist and an agreement by state and
  168  regional agencies to reduce the burden on an applicant to
  169  provide duplicate information to multiple agencies;
  170         (e) Establishment of A process for the adoption and review
  171  of any comprehensive plan amendment needed by any certified
  172  project within 90 days after the submission of an application
  173  for a comprehensive plan amendment. However, the memorandum of
  174  agreement may not prevent affected persons as defined in s.
  175  163.3184 from appealing or participating in the this expedited
  176  plan amendment process and any review or appeals of decisions
  177  made under this paragraph; and
  178         (f) Additional incentives for an applicant who proposes a
  179  project that provides a net ecosystem benefit.
  180         (13) Notwithstanding any other provisions of law:
  181         (b) Projects that are qualified under this section are not
  182  subject to interstate highway level-of-service standards adopted
  183  by the Department of Transportation for concurrency purposes.
  184  The memorandum of agreement specified in subsection (5) must
  185  include a process by which the applicant will be assessed a fair
  186  share of the cost of mitigating the project's significant
  187  traffic impacts, as defined in chapter 380 and related rules.
  188  The agreement must also specify whether the significant traffic
  189  impacts on the interstate system will be mitigated through the
  190  implementation of a project or payment of funds to the
  191  Department of Transportation. If Where funds are paid, the
  192  Department of Transportation must include in the 5-year work
  193  program transportation projects or project phases, in an amount
  194  equal to the funds received, to mitigate the traffic impacts
  195  associated with the proposed project.
  196         (14)
  197         (b) Challenges to state agency action in the expedited
  198  permitting process for establishment of a state-of-the-art
  199  biomedical research institution and campus in the this state by
  200  the grantee under s. 288.955 or a project identified in
  201  paragraph (3)(f) are subject to the same requirements as
  202  challenges brought under paragraph (a), except that,
  203  notwithstanding s. 120.574, summary proceedings must be
  204  conducted within 30 days after a party files the motion for
  205  summary hearing, regardless of whether the parties agree to the
  206  summary proceeding.
  207         (15) The office, working with the agencies that provide
  208  input to participating in the memoranda of agreement, shall
  209  review sites proposed for the location of facilities eligible
  210  for the Innovation Incentive Program under s. 288.1089. Within
  211  20 days after the request for the review by the office, the
  212  agencies shall provide to the office a statement as to each
  213  site's necessary permits under local, state, and federal law and
  214  an identification of significant permitting issues, which if
  215  unresolved, may result in the denial of an agency permit or
  216  approval or any significant delay caused by the permitting
  217  process.
  218         (19) The following projects are ineligible for review under
  219  this part:
  220         (b) A project, the primary purpose of which is to:
  221         1. Effect the final disposal of solid waste, biomedical
  222  waste, or hazardous waste in this state.
  223         2. Produce electrical power, unless the production of
  224  electricity is incidental and not the primary function of the
  225  project or the electrical power is derived from a renewable
  226  energy fuel source as defined in s. 366.91(2)(d).
  227         3. Extract natural resources.
  228         4. Produce oil.
  229         5. Construct, maintain, or operate an oil, petroleum,
  230  natural gas, or sewage pipeline.
  231         Section 4. This act shall take effect upon becoming a law.