Florida Senate - 2021                                    SB 1960
       By Senator Bean
       4-01442A-21                                           20211960__
    1                        A bill to be entitled                      
    2         An act relating to renewable energy; creating s.
    3         163.32071, F.S.; providing legislative findings and
    4         intent; defining the term “solar facility”; requiring
    5         solar facilities to be a permitted use by right in all
    6         agricultural land use categories in applicable local
    7         governmental comprehensive plans and zoning districts
    8         within certain areas; requiring solar facilities to
    9         comply with certain local requirements; prohibiting
   10         counties from adopting ordinances containing certain
   11         requirements for solar facilities which exceed those
   12         for other facilities that do not produce food or
   13         fiber; amending s. 193.461, F.S.; requiring certain
   14         lands classified as agricultural to maintain such
   15         classification if the land is leased for certain
   16         renewable energy purposes; amending s. 403.503, F.S.;
   17         defining the term “alternative or renewable energy
   18         facility” and redefining the term “electrical power
   19         plant” for the Florida Electrical Power Plant Siting
   20         Act; amending s. 403.506, F.S.; providing that the
   21         Florida Electrical Power Plant Siting Act does not
   22         apply to a stand-alone or colocated alternative or
   23         renewable energy facility that meets certain
   24         requirements; making technical changes; amending ss.
   25         366.93, 380.23, 403.031, 403.509, and 403.5175, F.S.;
   26         conforming cross-references; providing an effective
   27         date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 163.32071, Florida Statutes, is created
   32  to read:
   33         163.32071 Solar facility approval process.—
   34         (1) The Legislature finds that the construction and
   35  maintenance of solar facilities and the associated electric
   36  infrastructure in various locations throughout this state is
   37  essential to ensure renewable energy production. The Legislature
   38  further finds that renewable energy production is critical to
   39  this state’s energy and economic future. Therefore, the
   40  Legislature intends to encourage renewable solar electrical
   41  generation throughout this state.
   42         (2) As used in this section, the term “solar facility”
   43  means a production facility for electric power which uses
   44  photovoltaic modules or panels to convert solar energy to
   45  electricity, and the electricity that is produced is delivered
   46  to the transmission system and consumed primarily off site. The
   47  term includes all of the following:
   48         (a)Photovoltaic modules, a mounting or racking system,
   49  power inverters, transformers, collection systems, and
   50  associated components.
   51         (b)The solar facility’s accessory administration or
   52  maintenance buildings; required grid interconnection equipment,
   53  including energy storage equipment; and related equipment and
   54  accessories and structures.
   55         (3)Solar facilities shall be a permitted use by right in
   56  all agricultural land use categories in the applicable local
   57  governmental comprehensive plans and all agricultural zoning
   58  districts within any unincorporated area in this state.
   59         (4)A solar facility must comply with the setback
   60  requirements, landscaped buffer area criteria, fencing
   61  requirements, or berm requirements applicable to other uses that
   62  do not produce food and fiber in that local comprehensive plan
   63  or agricultural district, if any. A county may adopt an
   64  ordinance specifying buffer areas, landscaping requirements,
   65  fencing, or berm requirements for solar facilities. These
   66  requirements for solar facilities may not exceed those required
   67  for other facilities not producing food or fiber which are
   68  permitted uses in a local governmental entity’s agricultural
   69  land use categories and zoning districts.
   70         Section 2. Paragraph (f) is added to subsection (3) of
   71  section 193.461, Florida Statutes, to read:
   72         193.461 Agricultural lands; classification and assessment;
   73  mandated eradication or quarantine program; natural disasters.—
   74         (3)
   75         (f) Land that is classified as agricultural by a property
   76  appraiser shall maintain the agricultural designation if the
   77  land is leased for the purpose of installing and operating an
   78  alternative or renewable energy facility as defined in s.
   79  403.503.
   80         Section 3. Present subsections (4) through (31) of section
   81  403.503, Florida Statutes, are redesignated as subsections (5)
   82  through (32), respectively, a new subsection (4) is added to
   83  that section, and present subsection (14) of that section is
   84  amended, to read:
   85         403.503 Definitions relating to Florida Electrical Power
   86  Plant Siting Act.—As used in this act:
   87         (4)“Alternative or renewable energy facility” means an
   88  electrical generating facility that produces energy for
   89  wholesale or retail sale using any of the following generating
   90  methods: solar, biodiesel, hydrokinetic, wind, or green
   91  hydrogen. As used in this subsection, the term “green hydrogen”
   92  means hydrogen created through the use of other alternative or
   93  renewable energies listed in this part.
   94         (15)(14) “Electrical power plant” means, for the purpose of
   95  certification, any steam or solar electrical generating facility
   96  using any process or fuel, including nuclear materials, except
   97  that this term does not include any steam or alternative or
   98  renewable energy facility solar electrical generating facility
   99  of less than 75 megawatts in capacity unless the applicant for
  100  such a facility elects to apply for certification under this
  101  act. This term also includes the site; all associated facilities
  102  that will be owned by the applicant that are physically
  103  connected to the site; all associated facilities that are
  104  indirectly connected to the site by other proposed associated
  105  facilities that will be owned by the applicant; and associated
  106  transmission lines that will be owned by the applicant which
  107  connect the electrical power plant to an existing transmission
  108  network or rights-of-way to which the applicant intends to
  109  connect. At the applicant’s option, this term may include any
  110  offsite associated facilities that will not be owned by the
  111  applicant; offsite associated facilities that are owned by the
  112  applicant but that are not directly connected to the site; any
  113  proposed terminal or intermediate substations or substation
  114  expansions connected to the associated transmission line; or new
  115  transmission lines, upgrades, or improvements of an existing
  116  transmission line on any portion of the applicant’s electrical
  117  transmission system necessary to support the generation injected
  118  into the system from the proposed electrical power plant.
  119         Section 4. Subsection (1) of section 403.506, Florida
  120  Statutes, is amended to read:
  121         403.506 Applicability, thresholds, and certification.—
  122         (1) The provisions of This act applies shall apply to any
  123  electrical power plant as defined herein, except that the
  124  provisions of this act does shall not apply to an any electrical
  125  power plant of less than 75 megawatts in gross capacity,
  126  including its associated facilities, or to an alternative or
  127  renewable energy facility of less than 75 megawatts in gross
  128  capacity, including its associated facilities, regardless of
  129  whether the alternative or renewable energy facility is a stand
  130  alone facility or is colocated with an existing electrical power
  131  plant or supplements an existing electrical power plant’s steam
  132  generation, unless the applicant has elected to apply for
  133  certification of such electrical power plant under this act. The
  134  provisions of This act does shall not apply to capacity
  135  expansions of 75 megawatts or less, in the aggregate, of an
  136  existing exothermic reaction cogeneration electrical generating
  137  facility that was exempt from this act when it was originally
  138  built; however, this exemption does shall not apply if the unit
  139  uses oil or natural gas for purposes other than unit startup.
  140  The No construction of any new electrical power plant or
  141  expansion in steam generating capacity as measured by an
  142  increase in the maximum electrical generator rating of any
  143  existing electrical power plant may not be undertaken after
  144  October 1, 1973, without first obtaining certification in the
  145  manner as herein provided, except that this act does shall not
  146  apply to any such electrical power plant which is presently
  147  operating or under construction or which has, upon the effective
  148  date of chapter 73-33, Laws of Florida, applied for a permit or
  149  certification under requirements in force before prior to the
  150  effective date of such act.
  151         Section 5. Paragraphs (c) and (d) of subsection (1) of
  152  section 366.93, Florida Statutes, are amended to read:
  153         366.93 Cost recovery for the siting, design, licensing, and
  154  construction of nuclear and integrated gasification combined
  155  cycle power plants.—
  156         (1) As used in this section, the term:
  157         (c) “Integrated gasification combined cycle power plant” or
  158  “plant” means an electrical power plant as defined in s. 403.503
  159  s. 403.503(14) which uses synthesis gas produced by integrated
  160  gasification technology.
  161         (d) “Nuclear power plant” or “plant” means an electrical
  162  power plant as defined in s. 403.503 s. 403.503(14) which uses
  163  nuclear materials for fuel.
  164         Section 6. Paragraph (c) of subsection (3) of section
  165  380.23, Florida Statutes, is amended to read:
  166         380.23 Federal consistency.—
  167         (3) Consistency review shall be limited to review of the
  168  following activities, uses, and projects to ensure that such
  169  activities, uses, and projects are conducted in accordance with
  170  the state’s coastal management program:
  171         (c) Federally licensed or permitted activities affecting
  172  land or water uses when such activities are in or seaward of the
  173  jurisdiction of local governments required to develop a coastal
  174  zone protection element as provided in s. 380.24 and when such
  175  activities involve:
  176         1. Permits and licenses required under the Rivers and
  177  Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
  178         2. Permits and licenses required under the Marine
  179  Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
  180  1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
  181         3. Permits and licenses required under the Federal Water
  182  Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
  183  amended, unless such permitting activities have been delegated
  184  to the state pursuant to said act.
  185         4. Permits and licenses relating to the transportation of
  186  hazardous substance materials or transportation and dumping
  187  which are issued pursuant to the Hazardous Materials
  188  Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
  189  33 U.S.C. s. 1321, as amended.
  190         5. Permits and licenses required under 15 U.S.C. ss. 717
  191  717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
  192  1331-1356 for construction and operation of interstate gas
  193  pipelines and storage facilities.
  194         6. Permits and licenses required for the siting and
  195  construction of any new electrical power plants as defined in s.
  196  403.503 s. 403.503(14), as amended, and the licensing and
  197  relicensing of hydroelectric power plants under the Federal
  198  Power Act, 16 U.S.C. ss. 791a et seq., as amended.
  199         7. Permits and licenses required under the Mining Law of
  200  1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
  201  Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
  202  Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
  203  amended; the Federal Land Policy and Management Act, 43 U.S.C.
  204  ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
  205  U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
  206  U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
  207  pipelines, geological and geophysical activities, or rights-of
  208  way on public lands and permits and licenses required under the
  209  Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
  210  amended.
  211         8. Permits and licenses for areas leased under the OCS
  212  Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
  213  leases and approvals of exploration, development, and production
  214  plans.
  215         9. Permits and licenses required under the Deepwater Port
  216  Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
  217         10. Permits required for the taking of marine mammals under
  218  the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
  219  s. 1374.
  220         Section 7. Subsection (20) of section 403.031, Florida
  221  Statutes, is amended to read:
  222         403.031 Definitions.—In construing this chapter, or rules
  223  and regulations adopted pursuant hereto, the following words,
  224  phrases, or terms, unless the context otherwise indicates, have
  225  the following meanings:
  226         (20) “Electrical power plant” means, for purposes of this
  227  part of this chapter, any electrical generating facility that
  228  uses any process or fuel and that is owned or operated by an
  229  electric utility, as defined in s. 403.503 s. 403.503(14), and
  230  includes any associated facility that directly supports the
  231  operation of the electrical power plant.
  232         Section 8. Paragraphs (a) and (c) of subsection (4) of
  233  section 403.509, Florida Statutes, are amended to read:
  234         403.509 Final disposition of application.—
  235         (4)(a) Any transmission line corridor certified by the
  236  board, or secretary if applicable, shall meet the criteria of
  237  this section. When more than one transmission line corridor is
  238  proper for certification under s. 403.503 s. 403.503(11) and
  239  meets the criteria of this section, the board, or secretary if
  240  applicable, shall certify the transmission line corridor that
  241  has the least adverse impact regarding the criteria in
  242  subsection (3), including costs.
  243         (c) If the board, or secretary if applicable, finds that
  244  two or more of the corridors that comply with subsection (3)
  245  have the least adverse impacts regarding the criteria in
  246  subsection (3), including costs, and that the corridors are
  247  substantially equal in adverse impacts regarding the criteria in
  248  subsection (3), including costs, the board, or secretary if
  249  applicable, shall certify the corridor preferred by the
  250  applicant if the corridor is one proper for certification under
  251  s. 403.503 s. 403.503(11).
  252         Section 9. Subsection (1) of section 403.5175, Florida
  253  Statutes, is amended to read:
  254         403.5175 Existing electrical power plant site
  255  certification.—
  256         (1) An electric utility that owns or operates an existing
  257  electrical power plant as defined in s. 403.503 s. 403.503(14)
  258  may apply for certification of an existing power plant and its
  259  site in order to obtain all agency licenses necessary to ensure
  260  compliance with federal or state environmental laws and
  261  regulation using the centrally coordinated, one-stop licensing
  262  process established by this part. An application for
  263  certification under this section must be in the form prescribed
  264  by department rule. Applications must be reviewed and processed
  265  using the same procedural steps and notices as for an
  266  application for a new facility, except that a determination of
  267  need by the Public Service Commission is not required.
  268         Section 10. This act shall take effect July 1, 2021.