Florida Senate - 2020 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 7018 Ì857014ÄÎ857014 576-03597-20 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Agriculture, Environment, and General Government) 1 A bill to be entitled 2 An act relating to essential state infrastructure; 3 amending s. 337.401, F.S.; specifying permit 4 application timeframes required for the installation, 5 location, or relocation of utilities within rights-of 6 way; creating s. 366.945, F.S.; providing legislative 7 findings; requiring the Public Service Commission, in 8 consultation with the Department of Transportation and 9 the Office of Energy within the Department of 10 Agriculture and Consumer Services, to develop and 11 recommend, by a specified date, to the Governor, the 12 President of the Senate, and the Speaker of the House 13 of Representatives a plan for the development of 14 electric vehicle charging station infrastructure along 15 the State Highway System; authorizing the commission 16 to consult with other agencies as the commission deems 17 appropriate; requiring the plan to include 18 recommendations for legislation; authorizing the plan 19 to include other recommendations as determined by the 20 commission; providing the goals and objectives of the 21 plan; requiring the commission to file a status report 22 with the Governor and the Legislature by a specified 23 date containing any preliminary recommendations, 24 including recommendations for legislation; amending s. 25 704.06, F.S.; providing construction relating to the 26 rights of an owner of land that has been traditionally 27 used for agriculture and is subject to a conservation 28 easement; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Subsection (2) of section 337.401, Florida 33 Statutes, is amended to read: 34 337.401 Use of right-of-way for utilities subject to 35 regulation; permit; fees.— 36 (2) The authority may grant to any person who is a resident 37 of this state, or to any corporation which is organized under 38 the laws of this state or licensed to do business within this 39 state, the use of a right-of-way for the utility in accordance 40 with such rules or regulations as the authority may adopt. A
No41 utility may not shallbe installed, located, or relocated unless 42 authorized by a written permit issued by the authority. However, 43 for public roads or publicly owned rail corridors under the 44 jurisdiction of the department, a utility relocation schedule 45 and relocation agreement may be executed in lieu of a written 46 permit. The permit must shallrequire the permitholder to be 47 responsible for any damage resulting from the issuance of such 48 permit. The authority may initiate injunctive proceedings as 49 provided in s. 120.69 to enforce provisions of this subsection 50 or any rule or order issued or entered into pursuant thereto. A 51 permit application required by an authority under this section 52 must be processed and acted upon consistent with the timeframes 53 provided in subparagraphs (7)(d)7., 8., and 9. 54 Section 2. Section 366.945, Florida Statutes, is created to 55 read: 56 366.945 Electric vehicle charging stations; infrastructure 57 plan development.— 58 (1) The Legislature finds that: 59 (a) Climate change may have significant impacts to this 60 state which will require the development of avoidance, 61 adaptation, and mitigation strategies to address these potential 62 impacts on future state projects, plans, and programs; 63 (b) A significant portion of the carbon dioxide emissions 64 in this state are produced by the transportation sector; 65 (c) Electric vehicles can help reduce these emissions, 66 thereby helping to reduce the impact of climate change on this 67 state; 68 (d) The use of electric vehicles for non-local driving 69 requires adequate, reliable charging stations to address 70 electric vehicle battery range limitations; 71 (e) Having adequate, reliable charging stations along the 72 State Highway System will also help with evacuations during 73 hurricanes or other disasters; 74 (f) Ensuring the prompt installation of adequate, reliable 75 charging stations is in the public interest; and 76 (g) A recommended plan for electric vehicle charging 77 station infrastructure should be established to address changes 78 in the emerging electric vehicle market and necessary charging 79 infrastructure. 80 (2)(a) The commission, in coordination with the Department 81 of Transportation and the Office of Energy within the Department 82 of Agriculture and Consumer Services, shall develop and 83 recommend a plan for current and future plans for the 84 development of electric vehicle charging station infrastructure 85 along the State Highway System, as defined in s. 334.03(24). The 86 commission may consult with other agencies as the commission 87 deems appropriate. The recommended plan must be developed and 88 submitted to the Governor, the President of the Senate, and the 89 Speaker of the House of Representatives by July 1, 2021. The 90 plan must include recommendations for legislation and may 91 include other recommendations as determined by the commission. 92 (b) The goals and objectives of the plan include, but are 93 not limited to, all of the following: 94 1. Projecting the increase in the use of electric vehicles 95 in this state over the next 20 years and determining how to 96 ensure an adequate supply of reliable electric vehicle charging 97 stations to support and encourage this growth in a manner 98 supporting a competitive market with ample consumer choice. 99 2. Evaluating and comparing the types of electric vehicle 100 charging stations available at present and that may become 101 available in the future, including the technology and 102 infrastructure incorporated in such stations, along with the 103 circumstances within which each type of station and 104 infrastructure is typically used, including fleet charging, for 105 the purpose of identifying any advantages to developing 106 particular types or uses of these stations. 107 3. Considering strategies to develop this supply of 108 charging stations, including, but not limited to, methods of 109 building partnerships with local governments, other state and 110 federal entities, electric utilities, the business community, 111 and the public in support of electric vehicle charging stations. 112 4. Identifying the types or characteristics of possible 113 locations for electric vehicle charging station infrastructure 114 along the State Highway System to support a supply of electric 115 vehicle charging stations that will: 116 a. Accomplish the goals and objectives of this section; 117 b. Support both short-range and long-range electric vehicle 118 travel; 119 c. Encourage the expansion of electric vehicle use in this 120 state; and 121 d. Adequately serve evacuation routes in this state. 122 5. Identifying any barriers to the use of electric vehicles 123 and electric vehicle charging station infrastructure both for 124 short-range and long-range electric vehicle travel along the 125 State Highway System. 126 6. Identifying an implementation strategy for expanding 127 electric vehicle and charging station infrastructure use in this 128 state. 129 7. Identifying the type of regulatory structure necessary 130 for the delivery of electricity to electric vehicles and 131 charging station infrastructure, including competitive neutral 132 policies and the participation of public utilities in the 133 marketplace. 134 8. Reviewing emerging technologies in the electric and 135 alternative vehicle market, including alternative fuel sources. 136 (c) By December 1, 2020, the commission shall file a status 137 report with the Governor, the President of the Senate, and the 138 Speaker of the House of Representatives containing any 139 preliminary recommendations, including recommendations for 140 legislation. 141 Section 3. Subsection (11) of section 704.06, Florida 142 Statutes, is amended to read 143 704.06 Conservation easements; creation; acquisition; 144 enforcement.— 145 (11)(a) Nothing inThis section or other provisions of law 146 may not shallbe construed to prohibit or limit the owner of 147 land, or the owner of a conservation easement over land, to 148 voluntarily negotiate the sale or use utilizationof such lands 149 or easement for the construction and operation of linear 150 facilities, including electric transmission and distribution 151 facilities, telecommunications transmission and distribution 152 facilities, pipeline transmission and distribution facilities, 153 public transportation corridors, and related appurtenances, nor 154 does shallthis section prohibit the use of eminent domain for 155 said purposes as established by law. In any legal proceeding to 156 condemn land for the purpose of construction and operation of a 157 linear facility as described above, the court shall consider the 158 public benefit provided by the conservation easement and linear 159 facilities in determining which lands may be taken and the 160 compensation paid. 161 (b) For any land that has traditionally been used for 162 agriculture, as that term is defined in s. 570.02, and is 163 subject to a conservation easement entered into at any time 164 pursuant to s. 570.71, this section or s. 570.71 may not be 165 construed to limit the owner of the land to voluntarily 166 negotiating the use of the land for any public or private linear 167 facility, right of access, and related appurtenances, and 168 reasonable compensation based on diminution in value of its 169 interest in the conservation easement shall be the only remedy 170 to the owner of the conservation easement for the construction 171 and operation of any public or private linear facilities and 172 related access and appurtenances. 173 (c) This section does not preclude the applicability of any 174 environmental permitting requirements applicable to a linear 175 facility pursuant to chapters 369-380 or chapter 403 or any 176 agency rules adopted pursuant to those chapters. 177 Section 4. This act shall take effect July 1, 2020.