Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 856 Ì352804ÂÎ352804 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 377.707, Florida Statutes, is created to 6 read: 7 377.707 State preemption of transportation energy 8 infrastructure regulation.— 9 (1) As used in this section, the term: 10 (a) “Fuel” includes, but is not limited to, petroleum fuel, 11 petroleum products, gasoline, diesel fuel, motor fuel, marine 12 fuel, aviation fuel, renewable fuel, alternative fuel, natural 13 gas fuel, hydrogen fuel, and electricity, when such fuel sources 14 are used for transportation. 15 (b) “Transportation energy infrastructure” means 16 infrastructure supporting the production, importation, storage, 17 and distribution of fuel. 18 (2) The Legislature recognizes that affordable, reliable, 19 and sustainable energy throughout this state is dependent upon 20 transportation energy infrastructure networks extending beyond 21 local government boundaries and recognizes the importance of 22 consumer choice in the energy market. 23 (3) The regulation of transportation energy infrastructure 24 is expressly preempted to the state. A local government is 25 prohibited from doing any of the following: 26 (a) Adopting or implementing any law, ordinance, 27 regulation, policy, or resolution that prohibits, restricts, or 28 requires, or that has the effect of prohibiting, restricting, or 29 requiring, the construction of new transportation energy 30 infrastructure or the expansion, upgrading, or repair of 31 existing transportation energy infrastructure, or imposing any 32 requirement regulating transportation energy infrastructure that 33 is more stringent than state law or department rule, except for 34 local ordinances regulating petroleum storage system 35 construction, operation, and maintenance which were enacted 36 pursuant to section 376.317(3)(a). 37 (b) Amending its comprehensive plan, land use map, zoning 38 districts, or land development regulations in a manner that 39 would conflict with an existing transportation energy 40 infrastructure classification as a permitted and allowable use, 41 including, but not limited to, an amendment that causes an 42 existing transportation energy infrastructure to be a 43 nonconforming use, structure, or development. 44 (c) Imposing requirements that are more stringent than 45 state law or rule. 46 (4) This section does not limit the authority of a local 47 government to adopt, implement, modify, and enforce: 48 (a) Applicable federal and state requirements for 49 transportation energy infrastructure, including safety and 50 building standards; or 51 (b) Local safety and building standards that do not 52 conflict with federal or state safety and security requirements 53 for transportation energy infrastructure. 54 (5) Any existing or future law, ordinance, regulation, 55 policy, or resolution that is contrary to this section is void. 56 Section 2. This act shall take effect July 1, 2021. 57 58 ================= T I T L E A M E N D M E N T ================ 59 And the title is amended as follows: 60 Delete everything before the enacting clause 61 and insert: 62 A bill to be entitled 63 An act relating to the state preemption of 64 transportation energy infrastructure regulation; 65 creating s. 377.707, F.S.; defining terms; providing 66 legislative findings; preempting the regulation of 67 transportation energy infrastructure to the state; 68 prohibiting a local government from taking specified 69 actions relating to the regulation of transportation 70 energy infrastructure; proving exceptions; providing 71 construction; providing an effective date.